Where there are several counts in any complaint, and any one of them is adjudged insufficient, or a judgment on any issue joined thereon is entered for the defendant, costs shall be awarded in the discretion of the court.
5-112.Several counts.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLeaves it to the court's discretion to award costs when a complaint has several counts and one is adjudged insufficient, or when judgment on an issue goes for the defendant.
Full Text of 735 ILCS 5/5-112
Plain-English Summary
This section is the counterpart to Section 5-111, aimed at a complaint pleading several counts rather than a party pleading several matters. It applies where a complaint has multiple counts and one of them is adjudged insufficient, or where judgment on an issue joined in the case is entered for the defendant.
In either situation, the section leaves the cost award to the court's discretion. It doesn't set a formula, name a party as automatically entitled to costs, or specify an amount.
Read alongside Section 5-111, this section rounds out the Article's treatment of multi-part pleadings: one section addresses several matters pleaded by a party, this one addresses several counts within a complaint.
Frequently Asked Questions
What triggers this section?
A complaint containing several counts where one is adjudged insufficient, or a judgment on an issue joined in the case that favors the defendant.
Is a cost award automatic under this section?
No. The section awards costs "in the discretion of the court."
How does this section relate to Section 5-111?
Section 5-111 addresses several matters pleaded by a defendant or a replevin plaintiff; this section addresses several counts within a complaint specifically.
Does this section set a formula or fixed amount for costs?
No. It leaves both the award and the amount to the court's discretion, without a formula.
Does this section name a party as automatically entitled to costs when a count is found insufficient?
No. It leaves the cost award to the court's discretion in that circumstance rather than granting costs to either side by right.
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: several counts complaint costs illinoisinsufficient count costs illinoisdiscretionary costs multiple counts illinois