If in any action, judgment upon any motion directed to the complaint, answer or reply, by either party to the action, is entered against the plaintiff, the defendant shall recover costs against the plaintiff. If such judgment is entered in favor of the plaintiff, the plaintiff shall recover costs against the defendant; and the person so recovering costs may collect same in the same manner as judgments for the payment of money are enforced.
5-110.Judgment on motion.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAwards costs to whichever side prevails on a motion directed at the complaint, answer, or reply, letting that party collect the costs the same way as a money judgment.
Full Text of 735 ILCS 5/5-110
Plain-English Summary
This section handles costs tied to a specific procedural event: judgment entered on a motion directed to the complaint, answer, or reply, brought by either party to the action. Whichever side that judgment favors recovers costs from the other.
If the judgment on the motion goes against the plaintiff, the defendant recovers costs against the plaintiff. If it goes in favor of the plaintiff, the plaintiff recovers costs against the defendant. The rule tracks who wins the motion, not who filed it.
Once awarded, the costs may be collected the same way as judgments for the payment of money are enforced, so the winning party doesn't need a separate mechanism to recover them.
Frequently Asked Questions
What kind of motion triggers this cost-shifting rule?
A motion directed to the complaint, answer, or reply, brought by either party.
Who recovers costs if the motion results in judgment against the plaintiff?
The defendant.
Who recovers costs if judgment on the motion favors the plaintiff?
The plaintiff, against the defendant.
How are these costs collected?
The same manner as judgments for the payment of money are enforced.
Does it matter which party filed the motion?
No. The section applies "by either party," so the outcome of the motion, not who brought it, determines who recovers costs.
Amendment History
(Source: P.A. 82-280.)
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
Also known as: motion to dismiss costs illinoiscosts on motion directed to complaint illinoiswho pays costs when motion granted illinois