Such instrument shall be signed by some responsible person, being a resident of this State, and be approved by the clerk, and shall bind such person to pay all costs which may accrue in such action, either to the opposing party or to any of the officers of the court in which the action is commenced, or to which it is removed by change of place of trial or appeal.
5-102.Approval - Effect of bond.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires the person who signs a security-for-costs instrument to be a responsible Illinois resident approved by the clerk, and binds that signer to pay all costs accruing in the action, including after a change of venue or an appeal.
Full Text of 735 ILCS 5/5-102
Plain-English Summary
Section 5-101 requires a security-for-costs instrument in certain cases; this section says who can sign it and what signing means. The signer has to be a responsible person who resides in Illinois, and the clerk has to approve the signer before the instrument counts.
Once approved, the signer is bound to pay all costs that may accrue in the action. That obligation runs to two possible recipients: the opposing party, or any of the officers of the court in which the action was commenced.
The obligation also travels with the case. If the action is removed to another court by a change of place of trial, or is taken up on appeal, the signer remains bound for costs accruing in that later court too.
Frequently Asked Questions
Who is allowed to sign a security-for-costs instrument under this section?
A responsible person who is a resident of Illinois.
Who has to approve the signer?
The clerk of the court.
To whom can the signer end up owing costs?
Either the opposing party in the action, or any of the officers of the court in which the action is commenced.
Does the signer's obligation end if the case is transferred by a change of venue?
No. The section states the signer is bound for costs in the court to which the action is removed by change of place of trial.
Does the obligation extend to an appeal?
Yes. The section also binds the signer for costs accruing in the court to which the action is appealed.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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