If any person takes an appeal to review the judgment of any other court, and the judgment is affirmed or the appeal is dismissed, the appellee shall recover costs, which may be collected in the same manner as judgments for the payment of money are enforced; and if the judgment is reversed, the appellant shall recover costs, which may be collected in the same manner as judgments for the payment of money are enforced.
5-120.Affirmance or reversal on appeal.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAwards costs to the appellee if a judgment is affirmed or the appeal is dismissed, and to the appellant if the judgment is reversed, collectible either way like a money judgment.
Full Text of 735 ILCS 5/5-120
Plain-English Summary
This section sets the cost rule for appeals within this Article. When a person appeals to review the judgment of another court, and the judgment is affirmed or the appeal is dismissed, the appellee recovers costs.
If instead the judgment is reversed, the outcome flips: the appellant recovers costs.
Either way, the costs may be collected in the same manner as judgments for the payment of money are enforced. The section covers affirmance, dismissal of the appeal, and reversal; it doesn't speak to other outcomes such as a partial affirmance or a remand.
Frequently Asked Questions
Who recovers costs if the appeal itself is dismissed?
The appellee.
Who recovers costs if the judgment under review is affirmed?
The appellee, the same as when the appeal is dismissed.
Who recovers costs if the judgment is reversed?
The appellant.
How are appeal costs under this section collected?
The same manner as judgments for the payment of money are enforced.
Does this section address outcomes beyond a plain affirmance, dismissal, or reversal?
No. By its terms it covers those three outcomes and doesn't address results such as a partial affirmance or a remand.
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: costs on appeal illinoisappellee recovers costs illinoisreversal costs illinois appeal