ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/5-118 (2026)

Costs on dismissal

✓ current as of May 2026
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(735 ILCS 5/5-118) (from Ch. 110, par. 5-118)
    Sec. 5-118. Costs on dismissal. Upon the action being dismissed, or the defendant dismissing the same for want of prosecution, the defendant shall recover against the plaintiff full costs; and in all other civil cases, not otherwise directed by law, it shall be in the discretion of the court to award costs or not; and the payment of costs, when awarded, may be collected in the same manner as judgments for the payment of money are enforced.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 3 cases, 1998–2004 · leading case: James A. Shula v. Paul D. Lawent & J.V.D.B. Assocs., Inc., 359 F.3d 489 (7th Cir. 2004).
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James A. Shula v. Paul D. Lawent & J.V.D.B. Assocs., Inc., 359 F.3d 489 (7th Cir. 2004). “If the court had awarded costs, they would have become a debt owed by Shula.”
Shula, James A. v. Lawent, Paul D. (7th Cir. 2004). “The award of costs is not automatic in a case that, like the doctor’s case against Shula, does not go to judgment.”
Patel v. Med. Soc'y (Ill. App. Ct. 1998). “See 735 ILCS 5/5-118 (West 1994). However, it is a well-established rule that an appellate court will not review a cause merely to resolve the issue of costs.”
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