In all cases, where any action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution by reason that the plaintiff neglects to prosecute the same, the defendant shall recover judgment for his or her costs, to be taxed and to be collected in the same manner as judgments for the payment of money are enforced.
5-116.Dismissals.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceEntitles a defendant to a costs judgment whenever the plaintiff voluntarily dismisses the case or lets it lapse for want of prosecution, collectible the same way as any money judgment.
Full Text of 735 ILCS 5/5-116
Plain-English Summary
This section covers two specific case endings and gives the defendant a costs judgment in both. It applies in all cases where an action is voluntarily dismissed by the plaintiff, or dismissed for want of prosecution because the plaintiff neglects to prosecute the case.
In either situation, the defendant recovers judgment for costs, phrased in the section as something the defendant "shall" recover rather than something left to discretion.
Those costs get taxed and then collected in the same manner as judgments for the payment of money are enforced. The section addresses dismissal specifically; it doesn't extend to a case that ends with a judgment on the merits against the plaintiff.
Frequently Asked Questions
What two circumstances trigger a defendant's cost recovery under this section?
A voluntary dismissal by the plaintiff, or dismissal for want of prosecution because the plaintiff neglected to prosecute the case.
Does the defendant have to request costs, or are they automatic?
The text states the defendant "shall recover judgment for his or her costs," tying the recovery directly to the dismissal itself.
How does this section differ from Section 5-109?
Section 5-109 also covers judgment entered against the plaintiff generally and carries an exception for executors and administrators; this section focuses specifically on the two dismissal scenarios.
How is the resulting cost judgment collected?
The same manner as judgments for the payment of money are enforced.
Does this section apply if the case ends in a judgment on the merits against the plaintiff?
By its own terms, no. It addresses voluntary dismissal and dismissal for want of prosecution, not a merits judgment against the plaintiff.
Amendment History
(Source: P.A. 83-707.)
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: voluntary dismissal costs illinoiswant of prosecution costs illinois lawsuitdefendant costs after dismissal illinois