Where several persons are made defendant to any action, if judgment is entered in favor of any one or more of the defendants, each defendant shall recover costs in the action.
5-113.Several defendants.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives each defendant who wins judgment in a multi-defendant action the right to recover costs, even if other defendants in the same case do not.
Full Text of 735 ILCS 5/5-113
Plain-English Summary
This section addresses an action brought against several defendants. It focuses on what happens to costs when the case doesn't resolve the same way for every defendant.
If judgment is entered in favor of any one or more of the defendants, each of those defendants recovers costs in the action. The right doesn't depend on every defendant winning; it attaches separately to whichever defendants obtain judgment in their favor.
The section is phrased as an entitlement, saying each such defendant "shall recover costs," rather than leaving the award to the court's discretion. It doesn't address costs for a defendant against whom judgment goes the other way.
Frequently Asked Questions
What situation does this section address?
An action brought against several defendants.
Who recovers costs under this section?
Each defendant in whose favor judgment is entered.
Do all the defendants have to win for any of them to recover costs?
No. The section applies if judgment is entered in favor of "any one or more" of the defendants.
Does this section address costs for a defendant who loses?
No, it addresses only defendants who obtain judgment in their favor.
Is cost recovery under this section mandatory or discretionary?
The text states each prevailing defendant "shall recover costs," without conditioning it on the court's discretion.
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: multiple defendants costs illinoisprevailing defendant costs illinoisseveral defendants judgment costs illinois