In all actions commenced or to be commenced for and on behalf of the people of this state, or the governor thereof, or for or on behalf of any county of this state, or in the name of any person for the use of the people of this state, or any county, then and in every such case, if the plaintiff recovers in such action, the plaintiff shall recover costs as any other person in like cases; but 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 not recover any costs whatever. Nothing in this section contained shall extend to any popular action, nor to any action to be prosecuted by any person in behalf of himself or herself and the people or a county, upon any penal statute.
5-117.Action by State.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the State, the Governor, a county, or someone suing in their name recover costs like any other winning plaintiff, but shields them from owing the defendant's costs if the case is dismissed or lost, except for popular actions and certain penal-statute actions for private benefit.
Full Text of 735 ILCS 5/5-117
Plain-English Summary
This section carves out a special cost rule for government plaintiffs. It covers actions commenced for or on behalf of the people of Illinois or the governor, for or on behalf of a county, or in the name of a person for the use of the people of the state or a county.
If that kind of plaintiff recovers in the action, the plaintiff recovers costs the same as any other person would in a like case. But the rule isn't symmetrical: if the action is voluntarily dismissed by the plaintiff, dismissed for want of prosecution, or judgment is entered against the plaintiff, the defendant does not recover any costs at all.
The protection has limits. It doesn't extend to any popular action, and it doesn't extend to an action prosecuted by a person on behalf of both himself or herself and the people or a county, brought on a penal statute.
Frequently Asked Questions
Who is covered by this section's special costs rule?
The people of the State, the Governor, any county, or an action brought in the name of a person for the use of the people of the state or a county.
Does the State recover costs the same way a private plaintiff would when it wins?
Yes. The section says the plaintiff recovers costs "as any other person in like cases."
What happens to costs if the State's case is dismissed or lost?
The defendant does not recover any costs at all in that situation.
Are there actions this special protection doesn't cover?
Yes. It doesn't extend to any popular action, or to an action a person prosecutes on behalf of both themselves and the people or a county, on a penal statute.
Does the section explain why the penal-statute combination is excluded?
No. It states the exclusion by name without giving a reason beyond the exclusion itself.
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
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