Upon the action being dismissed, or the defendant dismissing the same for want of prosecution, the defendant shall recover against the plaintiff full costs; and in all other civil cases, not otherwise directed by law, it shall be in the discretion of the court to award costs or not; and the payment of costs, when awarded, may be collected in the same manner as judgments for the payment of money are enforced.
5-118.Costs on dismissal.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAwards a defendant full costs when the action is dismissed or dismissed for want of prosecution, and otherwise leaves cost awards in civil cases not covered by another cost rule to the court's discretion.
Full Text of 735 ILCS 5/5-118
Plain-English Summary
This section pairs two different cost rules. The first applies when the action is dismissed, or dismissed for want of prosecution: the defendant recovers full costs against the plaintiff, without qualification.
The second is a catchall. In all other civil cases, where the law doesn't otherwise direct the outcome, the court has discretion whether to award costs at all.
Whichever rule applies, the resulting cost award is collected the same way as a judgment for the payment of money. The section addresses who recovers costs and when, not which specific expenses count as taxable costs.
Frequently Asked Questions
When is a defendant entitled to full costs under this section?
Upon the action being dismissed, or dismissed for want of prosecution.
What governs costs in civil cases this section doesn't specifically address?
The section falls back on the court's discretion for "all other civil cases, not otherwise directed by law."
Does this section specify which expenses count as taxable costs?
No. It addresses who recovers costs and when, not which specific expenses are taxable as costs.
How is a costs award under this section collected?
The same manner as judgments for the payment of money are enforced.
Does "full costs" on dismissal mean something different from the discretionary award described for other civil cases?
Yes. The section entitles the defendant to "full costs" on dismissal, in contrast with the discretionary award it describes for other civil cases in its second clause.
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: full costs on dismissal illinoisdiscretionary costs civil case illinoisdefendant full costs illinois dismissal