ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/5-116 (2026)

Dismissals

✓ current as of May 2026
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(735 ILCS 5/5-116) (from Ch. 110, par. 5-116)
    Sec. 5-116. Dismissals. In all cases, where any action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution by reason that the plaintiff neglects to prosecute the same, the defendant shall recover judgment for his or her costs, to be taxed and to be collected in the same manner as judgments for the payment of money are enforced.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2026 · leading case: In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014).
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In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). · cites it 2× “” See 735 ILCS 5/5-116 (West 2010) (“In all cases, where any action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution by reason that the plaintiff neglects to prosecute the same, the defendant shall recover judgment for his or her costs ***.”
In re Marriage of Tiballi, 2013 IL App (2d) 120523 (Ill. App. Ct. 2013). “” Nevertheless, costs would be recoverable even if the dismissal were for want of prosecution (see 735 ILCS 5/5-116 (West 2010)). ¶ 12 The dissent further relates as follows: “A guardian ad litem’s fees also would meet the majority’s definition of being ‘mandatory and…”
In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). · cites it 2× “” See 735 ILCS 5/5-116 (West 2010) (“In all cases, where any action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution by reason that the plaintiff neglects to prosecute the same, the defendant shall recover judgment for his or her costs ***.”
Manolachi v. Costea, 2026 IL App (1st) 240524-U (Ill. App. Ct. 2026). “As bases, in addition to citing section 2-619(9) of the Code, defendants also cited section 5-116 (735 ILCS 5/5-116) (West 2022)) of the Code of Civil Procedure, as well as Illinois Supreme Court Rules 219(c) (eff.”
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