There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Article V - Costs
(735 ILCS 5/5‑101) (from Ch. 110, par. 5‑101)
Sec. 5‑101.
Security for costs.
In all actions in any court on official bonds for the use of any
person, actions on the bonds of executors, administrators or guardians,
qui tam actions, actions on a penal statute, and in all civil actions,
where the plaintiff, or person for whose use an action is to be
commenced, is not a resident of this State, the plaintiff, or
person for whose use the action is to be commenced, shall, before he
or she institutes such action, file, or cause to be filed, with the clerk of the
court in which the action is to be commenced, security for costs,
substantially in the following form:
A B v. C D ‑ (Title of court.)
I, (E.F.) enter myself security for all costs which may accrue in
the above entitled action.
Dated this .... day of ...., .....
(Signed) E.F.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑102) (from Ch. 110, par. 5‑102)
Sec. 5‑102.
Approval ‑ Effect of bond.
Such instrument shall be signed
by some responsible person,
being a resident of this State, and be approved by the clerk, and shall
bind such person to pay all costs which may accrue in such action,
either to the opposing party or to any of the officers of the court in
which the action is commenced, or to which it is removed by change of
place of trial or appeal.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑103) (from Ch. 110, par. 5‑103)
Sec. 5‑103.
Dismissal for want of security.
If any such action is commenced
without filing such written
instrument, the court, on motion, shall dismiss the same, and
the attorney of the plaintiff shall pay all costs accruing thereon,
unless the security for costs is filed within such time as is
allowed by the court, and when so filed it shall relate back to the
commencement of the action; the right to require security for costs shall
not be waived by any proceeding in the action.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑104) (from Ch. 110, par. 5‑104)
Sec. 5‑104.
Events after filing action.
If at any time after the commencement
of any action by a
resident of this state, he or she becomes non‑resident; or if in any case
the court is satisfied that any plaintiff is unable to pay the
costs of the action, or that he or she is so unsettled as to endanger the officers of
the court with respect to their legal claims, it shall be the duty of
the court, on motion of the defendant or any officer of the court, to
order the plaintiff, on or before a day in such order stated, to give
security for the payment of costs in such action. If such plaintiff
neglects or refuses, on or before the day in such order stated, to file
a written
instrument of some responsible person, being a resident of
this state, whereby he or she shall bind himself or herself to pay all costs which have
accrued, or may accrue in such action, the court shall, on motion,
dismiss the action. The defendant or officer making such
motion shall file therewith his or her affidavit, or the affidavit of some
credible person, stating that he or she has reason to believe, and does
believe, that in case such action is prosecuted to a conclusion, a
judgment will be entered against such plaintiff for such costs.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑105) (from Ch. 110, par. 5‑105)
Sec. 5‑105.
Leave to sue or defend as an indigent person.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments | ||
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(2) "Indigent person" means any person who meets one | ||
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(i) He or she is receiving assistance under one | ||
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(ii) His or her available income is 125% or less | ||
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(iii) He or she is, in the discretion of the | ||
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(iv) He or she is an indigent person pursuant to | ||
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(b) On the application of any person, before, or after the commencement of
an action, a court, on finding that the applicant is an indigent person, shall
grant the applicant leave to sue or defend the action without payment of the
fees, costs, and charges of the action.
(c) An application for leave to sue or defend an action as an indigent
person
shall be in writing and supported by the affidavit of the applicant or, if the
applicant is a minor or an incompetent adult, by the affidavit of another
person having knowledge of the facts. The contents of the affidavit shall be
established by Supreme Court Rule. The court shall provide, through the
office of the clerk of the court, simplified forms consistent with the
requirements of this Section and applicable Supreme Court Rules to any person
seeking to sue or defend an action who indicates an inability to pay the fees,
costs, and charges of the action. The application and supporting affidavit may
be incorporated into one simplified form. The clerk of the court shall post in
a conspicuous place in the courthouse a notice no smaller than 8.5 x 11 inches,
using no smaller than 30‑point typeface printed in English and in Spanish,
advising
the public that they may ask the court for permission to sue or defend a civil
action without payment of fees, costs, and charges. The notice shall be
substantially as follows:
"If you are unable to pay the fees, costs, and | ||
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(d) The court shall rule on applications under this Section in a timely
manner based on information contained in the application unless the court, in
its discretion, requires the
applicant to personally appear to explain or clarify information contained in
the application. If the court finds that the applicant is an indigent person,
the
court shall enter an order permitting the applicant to sue or defend
without payment of fees, costs, or charges. If the application is
denied,
the court shall enter an order to that effect stating the specific reasons for
the denial. The clerk of the court shall promptly mail or deliver a copy of the
order to the applicant.
(e) The clerk of the court shall not refuse to accept and file any
complaint,
appearance, or other paper presented by the applicant if accompanied by an
application to sue or defend in forma pauperis, and those papers shall be
considered filed on the date the application is presented. If the application
is denied, the order shall state a date certain by which the necessary fees,
costs, and charges must be paid. The court, for good cause shown, may allow an
applicant whose application is denied to defer payment of fees, costs, and
charges, make installment payments, or make payment upon reasonable terms and
conditions stated in the order. The court may dismiss the claims or defenses of
any party failing to pay the fees, costs, or charges within the time and in the
manner ordered by the court. A determination concerning an application to sue
or defend
in forma pauperis shall not
be construed as a ruling on the merits.
(f) The court may order an indigent person to pay all or a portion of the
fees, costs, or charges waived pursuant to this Section out of moneys recovered
by the indigent person pursuant to a judgment or settlement resulting from the
civil action. However, nothing is this Section shall be construed to limit the
authority of a court to order another party to the action to pay the fees,
costs, or charges of the action.
(g) A court, in its discretion, may appoint counsel to represent an indigent
person, and that counsel shall perform his or her duties without fees, charges,
or reward.
(h) Nothing in this Section shall be construed to affect the right of a
party to sue or defend an action in forma pauperis without the payment of fees,
costs, or charges, or the right of a party to court‑appointed counsel, as
authorized by any other provision of law or by the rules of the Illinois
Supreme Court.
(i) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 91‑621, eff. 8‑19‑99.)
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(735 ILCS 5/5‑105.5)
Sec. 5‑105.5.
Representation by civil legal services provider.
(a) As used in this Section:
"Civil legal services" means legal services in noncriminal matters provided
without charge to indigent persons who have been found eligible under financial
eligibility guidelines established by the civil legal services provider.
"Civil legal services provider" means a not‑for‑profit corporation that (i)
employs one or more attorneys who are licensed to practice law in the State of
Illinois and who directly provide civil legal services or (ii) is established
for the purpose of providing civil legal services by an organized panel of pro
bono attorneys.
"Eligible client" means an indigent person who has been found eligible for
civil legal services by a civil legal services provider.
"Indigent person" means a person whose income is 125% or less of the current
official federal poverty income guidelines or who is otherwise eligible to
receive civil legal services under the Legal Services Corporation Act of 1974.
(b) When a party is represented in a civil action by a civil legal services
provider, all fees and costs relating to filing, appearing, transcripts on
appeal, and service of process shall be waived without the necessity of a
motion for that purpose, and the case shall be given an index number or other
appropriate filing number, provided that (i) a determination has been made by
the civil legal services provider that the party is indigent and (ii) an
attorney's certification that that determination has been made is filed with
the clerk of the court along with the complaint, the appearance, or any other
paper that would otherwise require payment of a fee.
(Source: P.A. 88‑41.)
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(735 ILCS 5/5‑106) (from Ch. 110, par. 5‑106)
Sec. 5‑106.
Lien of officer.
Where any person has been permitted by any
court to commence
and prosecute or to defend an action as a poor person without the payment
of costs and expenses, the clerk of the court
and the sheriff shall each
have a lien upon every claim, including every claim for
unliquidated damages, asserted in such action by the party who has thus
been permitted to sue or defend as a poor person, and upon the proceeds
thereof, for the amount of all fees and charges, becoming due such
officer under the provisions of Section 5‑105 of this Act, and remaining
unpaid. Of the existence of such lien the order of court permitting the
party to proceed as a poor person shall be sufficient notice to all
other parties in the cause, as well as to any insurer or other third
party in anyway liable for payment of any such claim or
portion thereof, who shall have been called upon to defend against the
same or otherwise notified of the commencement of such action and the
assertion of such claim.
On petition filed in the court in which the action has been commenced,
the court shall, on not less than 5 days' notice to all parties
concerned, adjudicate the rights of the petitioning officer or officers
and enforce the lien or liens by all appropriate means.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑107) (from Ch. 110, par. 5‑107)
Sec. 5‑107.
Affidavit.
If, prior to the commencement of an action in a court, a
person desiring to commence such action in such court, files with the
clerk thereof an affidavit, stating that the affiant is a poor person and unable
to pay costs, and that his or her cause of action is meritorious, the clerk
shall issue, and the sheriff shall serve, all necessary process without
requiring costs; if judgment is entered against such
plaintiff, it shall be for costs, unless the court shall otherwise
order.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑108) (from Ch. 110, par. 5‑108)
Sec. 5‑108.
Plaintiff to recover costs.
If any person sues in any court of this state in any action for damages
personal to the plaintiff, and recovers in such action, then judgment shall
be entered in favor of the plaintiff
to recover
costs against the defendant, to be taxed, and the same shall be
recovered and enforced as other
judgments for the payment of money, except in
the cases hereinafter provided.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑109) (from Ch. 110, par. 5‑109)
Sec. 5‑109.
Defendant to recover costs.
If any person sues in any
court of this state, in any
action, wherein the plaintiff may have costs in case judgment is
entered in favor of the plaintiff and the action is voluntarily dismissed by the
plaintiff or is dismissed for want of prosecution or judgment is entered
against the plaintiff, then judgment shall be entered in favor of defendant
to recover defendant's costs against the plaintiff (except against executors or
administrators prosecuting in the right of their testator or intestate),
to be taxed, and the costs shall be recovered of the plaintiff, by like
process as the plaintiff may have had against the defendant, in case
judgment had been entered for such plaintiff.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑110) (from Ch. 110, par. 5‑110)
Sec. 5‑110.
Judgment on motion.
If in any action, judgment upon any
motion directed to the
complaint, answer or reply, by either party to the action, is
entered against the plaintiff, the defendant shall recover costs against
the plaintiff. If such judgment is entered in favor of the plaintiff, the
plaintiff shall
recover costs against the defendant; and the person so recovering costs
may collect same in the same manner as judgments for the payment of money are enforced.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑111) (from Ch. 110, par. 5‑111)
Sec. 5‑111.
Pleading several matters.
Where any defendant in any action,
or plaintiff in
replevin, pleads several matters, and any of such matters, upon a
motion directed to the complaint, answer or reply, is adjudged
insufficient, or if judgment is entered, in any issues of the cause,
for the plaintiff, costs shall be awarded at the discretion of the court.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑112) (from Ch. 110, par. 5‑112)
Sec. 5‑112.
Several counts.
Where there are several counts in any complaint, and any
one of them is adjudged insufficient, or a judgment on any issue joined
thereon is entered for the defendant, costs shall be awarded in the discretion
of the court.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑113) (from Ch. 110, par. 5‑113)
Sec. 5‑113.
Several defendants.
Where several persons are made defendant
to any action, if
judgment is entered in favor of any one or more of the defendants,
each defendant shall recover costs in the action.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑114) (from Ch. 110, par. 5‑114)
Sec. 5‑114.
Scire facias and prohibition.
In all actions of scire
facias, or prohibition, the plaintiff recovering judgment
after an answer was filed, or a motion directed to the complaint,
shall recover his or her costs of the action. 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 recover his or her costs.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑115) (from Ch. 110, par. 5‑115)
Sec. 5‑115.
Number of witnesses.
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.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑116) (from Ch. 110, par. 5‑116)
Sec. 5‑116.
Dismissals.
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.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑117) (from Ch. 110, par. 5‑117)
Sec. 5‑117.
Action by State.
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.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑118) (from Ch. 110, par. 5‑118)
Sec. 5‑118.
Costs on dismissal.
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.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑119) (from Ch. 110, par. 5‑119)
Sec. 5‑119.
Action for use of another.
When judgment for costs is entered
against a plaintiff suing
for the use of another, such judgment shall also be against the person
for whose use the action is brought, in like manner as if he or she had been a
joint plaintiff, and the same may be collected in the same manner as judgments
for the payment of money are enforced.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑120) (from Ch. 110, par. 5‑120)
Sec. 5‑120.
Affirmance or reversal on appeal.
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.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑121) (from Ch. 110, par. 5‑121)
Sec. 5‑121.
Clerks to tax costs.
The clerk of any court in this state
is hereby authorized
and required to tax and subscribe all bills of costs arising in any
action or proceeding instituted in which such person is clerk,
agreeably to the
rates which shall, at that time, be allowed or specified by law
and shall in no case allow any item or charge unless the clerk shall be
satisfied that the service for which it was made was actually performed
in the action or proceeding.
(Source: P.A. 83‑707.)
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(735 ILCS 5/5‑122) (from Ch. 110, par. 5‑122)
Sec. 5‑122.
Postage as costs.
When service or return of process is made by mail, the
postage and postal fees may be recovered as costs.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑123) (from Ch. 110, par. 5‑123)
Sec. 5‑123.
Retaxing costs.
Any person who is dissatisfied by the taxation
of any bill of costs by the clerk may apply to the court in which
the action or proceeding was had to retax the same, according to law. If
the court finds any charge allowed for services not performed,
or for which the person charged is not liable, or any item charged
higher than is allowed by law, then the court shall correct such
taxation; and if the dissatisfied party has paid such unlawful
charge, the clerk shall pay to the dissatisfied party, out of fees in the possession
of the clerk, the amount which such party has
paid by reason of the unlawful charge.
(Source: P.A. 84‑552.)
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(735 ILCS 5/5‑124) (from Ch. 110, par. 5‑124)
Sec. 5‑124.
Stay of enforcement of fee bill.
When
collection of any fee bill is
attempted, the dissatisfied party
may stay the enforcement of the fee bill by giving
to the officer attempting collection,
bond with sufficient sureties, to be approved by such
officer, in the amount of such fee bill, conditioned for the
payment of such fee bill if the same is not quashed; and upon receiving
such bond, such officer shall forthwith return the fee bill and bond to
the court. If it appears to the court that any item or charge contained
in such fee bill is not authorized by law, or is for services not
actually rendered, or any item is charged in an amount which is higher than
is allowed by law,
the court shall quash such fee bill and bond, and correct
the taxation of the costs for which such fee bill was issued, and upon
such correction being made, such costs may be collected in the same manner
as judgments for the payment of money are enforced.
(Source: P.A. 84‑553.)
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(735 ILCS 5/5‑125) (from Ch. 110, par. 5‑125)
Sec. 5‑125.
Enforcement of fee bill.
In all cases where either party
is adjudged to pay
costs before final judgment, by reason of setting aside a voluntary
dismissal, a dismissal for want of prosecution or a default, or the
granting of a continuance or new trial, or otherwise, and in all cases
where there is security for costs, or attorney liable for costs, or an
action brought to the use of another, and the plaintiff is
adjudged to pay the costs, either before or upon final judgment, it
shall be lawful for the clerk to prepare and tax a bill of costs so
adjudged to be paid, against the party adjudged to pay the same, and
against his or her security for costs, or other person liable for the payment
thereof, or either of them, and certify the same under the seal of the
court, which being delivered to the sheriff of the proper county, the sheriff
shall demand payment from the person therein charged; if payment is
not made accordingly, within 30 days after such demand, the
sheriff shall levy the same on the goods and chattels, lands and
tenements of the person so chargeable, and proceed therein in the same manner
as judgments for the payment of money are enforced.
(Source: P.A. 82‑280.)
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(735 ILCS 5/5‑126) (from Ch. 110, par. 5‑126)
Sec. 5‑126.
Costs after tender.
Whoever is guilty of a trespass or
injury or whoever owes another unliquidated damages or demands arising out
of a contract may at any time, before or after suit is brought, tender what
he or she shall conceive sufficient amends for the injury done or to pay
the unliquidated damages or demands; and if suit has been commenced, also
the costs of suit up to the time of making the tender. If it appears that
the sum tendered was sufficient amends for the injury done or to pay the
damages, and if suit has been commenced was also sufficient to pay the
costs of suit up to the time of making the tender, the plaintiff shall not
be allowed to recover any costs incurred after the tender, but shall be
liable to the defendant for the defendant's costs incurred after that time.
(Source: P.A. 87‑409.)
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