The court may limit the number of witnesses whose fees are to be taxed against any party to such number, not less than 2, as shall appear to the court to be necessary.
5-115.Number of witnesses.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the court cap how many witnesses' fees can be taxed as costs against a party, so long as the cap it sets is at least two.
Full Text of 735 ILCS 5/5-115
Plain-English Summary
This section gives the court a tool for controlling one specific cost item: witness fees. The court may limit the number of witnesses whose fees are taxed against any party.
That limit isn't unlimited in the other direction either. Whatever number the court sets has to be at least 2, so a party can always have witness fees taxed for at least a pair of witnesses.
The standard the court applies is what appears to it to be necessary. The section addresses only which witness fees may be taxed as costs; it doesn't limit how many witnesses a party may call to testify at trial.
Frequently Asked Questions
What can the court limit under this section?
The number of witnesses whose fees are taxed as costs against a party.
Is there a floor on how low the court can set that limit?
Yes. The court's limit cannot go below 2 witnesses.
What standard does the court use to set the limit?
The number that appears to the court to be necessary.
Does this section limit how many witnesses a party may call at trial?
No. It addresses only how many witnesses' fees may be taxed as costs, not how many witnesses may testify.
Who does the witness-fee limit apply against?
Any party against whom witness fees would otherwise be taxed as 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
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