In all actions of scire facias, or prohibition, the plaintiff recovering judgment after an answer was filed, or a motion directed to the complaint, shall recover his or her costs of the action. If the action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution or judgment is entered against the plaintiff, the defendant shall recover his or her costs.
5-114.Scire facias and prohibition.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceApplies the Article's ordinary win-recovers-costs, lose-pays-costs rule to scire facias and prohibition actions specifically, awarding costs to a plaintiff who wins after an answer or motion, and to the defendant if the plaintiff dismisses, fails to prosecute, or loses.
Full Text of 735 ILCS 5/5-114
Plain-English Summary
This section names two particular kinds of actions, scire facias and prohibition, and sets their cost rule. A plaintiff who recovers judgment in either type of action, after an answer was filed or after a motion directed to the complaint, recovers costs of the action.
The flip side mirrors the general rules found elsewhere in this Article. If the action is voluntarily dismissed by the plaintiff, dismissed for want of prosecution, or judgment is entered against the plaintiff, the defendant recovers costs instead.
In substance, this section doesn't create a different cost structure from the rest of the Article; it applies the same basic pattern, just naming scire facias and prohibition actions by name rather than leaving them to the general provisions.
Frequently Asked Questions
What two types of actions does this section name?
Scire facias and prohibition.
When does the plaintiff recover costs in these actions?
On recovering judgment after an answer was filed, or after a motion directed to the complaint.
When does the defendant recover costs instead?
If the plaintiff voluntarily dismisses the action, the action is dismissed for want of prosecution, or judgment is entered against the plaintiff.
Does this section differ in substance from the general cost rules elsewhere in the Article?
Not in substance. It applies the same win-recovers-costs, lose-pays-costs pattern, naming scire facias and prohibition actions specifically.
What has to precede the judgment before a plaintiff can recover costs under this section?
An answer must have been filed, or a motion directed to the complaint must have preceded the judgment.
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: scire facias costs illinoiswrit of prohibition costs illinoiscosts after answer filed illinois