Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/4-207) (from Ch. 110, par. 4-207) Sec. 4-207. Order. The order shall command the sheriff or other officer to attach the vessel, its tackle, apparel and furniture, to satisfy such claim and costs, and all such claims as shall be exhibited against such vessel according …

(735 ILCS 5/4-208) (from Ch. 110, par. 4-208) Sec. 4-208. Serving of order. The sheriff or other officer to whom such order for attachment is directed shall forthwith serve a certified copy of the order upon such defendant as summons is served in other civil cases, and attaching …

(735 ILCS 5/4-209) (from Ch. 110, par. 4-209) Sec. 4-209. Only one attachment. Whenever such order for attachment is entered and served, no other order for attachment shall be entered against the same water craft, unless the first attachment is discharged, or the vessel is bonded…

(735 ILCS 5/4-210) (from Ch. 110, par. 4-210) Sec. 4-210. Notice by publication and mail. Upon return being made to such order, unless the vessel has been bonded, as hereinafter provided, the clerk shall immediately cause notice to be given in the same manner as required in other…

(735 ILCS 5/4-211) (from Ch. 110, par. 4-211) Sec. 4-211. Seeking wrong remedy not fatal. Where relief is sought under Part 2 of Article IV of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plainti…

(735 ILCS 5/4-212) (from Ch. 110, par. 4-212) Sec. 4-212. Intervention. Any person having a lien upon or any interest in the water craft attached, may intervene to protect such interest, by filing a petition, entitled an intervening petition; and any person interested may be made…

(735 ILCS 5/4-213) (from Ch. 110, par. 4-213) Sec. 4-213. Bond by intervenor. Any person intervening to enforce any lien or claims adverse to the owners of the craft attached shall, at the time of filing the petition, file with the clerk a bond as in the case of original attachme…

(735 ILCS 5/4-214) (from Ch. 110, par. 4-214) Sec. 4-214. Intervening petition. Intervening petitions may be filed at any time before the vessel is bonded, as provided in Section 4-216 of this Act, or, if the same is not so bonded, before order for distribution of the proceeds of…

(735 ILCS 5/4-215) (from Ch. 110, par. 4-215) Sec. 4-215. Liens not filed cease. All liens upon any water craft which are not filed hereunder before sale under judgment, as hereinafter provided, shall cease. (Source: P.A. 82-280.)

(735 ILCS 5/4-216) (from Ch. 110, par. 4-216) Sec. 4-216. Bonding vessel. The owner, his or her agent or attorney, or any other person interested in such water craft, desiring the return of the property attached, having first given notice to the plaintiff, his or her agent or att…

(735 ILCS 5/4-217) (from Ch. 110, par. 4-217) Sec. 4-217. Appraisement - Restitution - Sale. If the owner, his or her agent or attorney, or other party in interest, so elect, in place of bonding, as heretofore provided, such person may apply to the court upon like notice, for an …

(735 ILCS 5/4-218) (from Ch. 110, par. 4-218) Sec. 4-218. Order of restitution. Upon receiving a bond or deposit, as provided in either of the foregoing sections, the court shall enter an order of restitution, directing the officer who attached the water-craft to deliver the same…

(735 ILCS 5/4-219) (from Ch. 110, par. 4-219) Sec. 4-219. Additional security. If any plaintiff or intervening petitioner, at any time, deems his or her security insufficient, or has become imperiled, he or she may, by motion supported by affidavit filed, and upon notice served w…

(735 ILCS 5/4-220) (from Ch. 110, par. 4-220) Sec. 4-220. Answer - Default. Within 3 days after the return day of summons - if personally served 10 days before the day on which it is returnable, or within 13 days after such return day, if personally served less than 10 days prior…

(735 ILCS 5/4-221) (from Ch. 110, par. 4-221) Sec. 4-221. Judgment when vessel discharged. If, after trial, judgment is entered in favor of the plaintiff, and the water craft has been discharged from custody as herein provided, the judgment shall be entered against the principal …

(735 ILCS 5/4-222) (from Ch. 110, par. 4-222) Sec. 4-222. Judgment when vessel in custody. In case the water craft has not been discharged from custody, the judgment shall be that the same, with the appurtenances, be sold at public sale by the sheriff, after notice of the time an…

(735 ILCS 5/4-223) (from Ch. 110, par. 4-223) Sec. 4-223. Order of sale. The court shall thereupon enter an order of sale, commanding the sheriff to sell such water craft as directed in the judgment, and to return the certified copy of the order of sale within 24 hours after the …

(735 ILCS 5/4-224) (from Ch. 110, par. 4-224) Sec. 4-224. Proceedings on sale. It shall be the duty of the sheriff, upon receiving the amount of the bid at any sale, either before or after judgment, from the purchaser, or in case the purchaser is the plaintiff or an intervenor, u…

(735 ILCS 5/4-225) (from Ch. 110, par. 4-225) Sec. 4-225. Bill of sale. A copy of the last enrollment, if any, of such water craft shall be recited in the bill of sale if such copy can be obtained, and a copy of the judgment, with the order of sale, or if such craft is sold pursu…

(735 ILCS 5/4-226) (from Ch. 110, par. 4-226) Sec. 4-226. Distribution. The sum delivered by the sheriff to the clerk of court as above set out, shall be distributed by the court upon motion of any party in interest of record, and due notice to the other parties, and after the fo…

(735 ILCS 5/4-227) (from Ch. 110, par. 4-227) Sec. 4-227. Remnants. Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as hereinabove provided, shall be denominated remnants and surplus proceeds, and where any claim or co…

(735 ILCS 5/4-228) (from Ch. 110, par. 4-228) Sec. 4-228. Power of court in distribution. In case the sum for which the water craft is sold is sufficient to pay all the claims filed before distribution, with costs thereon, and an appeal is taken as provided by law, the court may …

(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 act…

(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 acti…

(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, …

(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 …

(735 ILCS 5/5-105) (from Ch. 110, par. 5-105) Sec. 5-105. Waiver of court fees, costs, and charges. (a) As used in this Section: (1) "Fees, costs, and charges" means payments imposed on a party in connection with the prosecution or defense of a civil action, including, but not li…

(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…

(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 ea…

(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 …

(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 recove…

(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 b…

(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 plai…

(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…

(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 discretio…

(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.)

(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…

(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.)

(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…

(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…

(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 d…

(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…

(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 i…

(735 ILCS 5/5-120.5) Sec. 5-120.5. Administrative review, code compliance. (a) In an administrative review action under Article III of this Code, if the court reverses the decision of a municipal code hearing officer in an action set forth under subsection (c) of this Section, th…

(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…

(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.)

(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 …

(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, …

(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 o…

(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 …