HB2233eng 101ST GENERAL ASSEMBLY

HB2233 Engrossed LRB101 07160 LNS 52198 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1108 as follows:

(735 ILCS 5/2-1108) (from Ch. 110, par. 2-1108)

Sec. 2-1108. Verdict - Special interrogatories. Unless the nature of the case requires otherwise, the jury shall render a general verdict. Within the discretion of the court, the The jury may be asked required by the court, and must be required on request of any party, to find specially upon any material question or questions of fact submitted to the jury in writing. Any party may request special interrogatories. Special interrogatories shall be tendered, objected to, ruled upon and submitted to the jury as in the case of instructions. Submitting or refusing to submit a question of fact to the jury may be reviewed on appeal to determine whether the trial court abused its discretion. , as a ruling on a question of law. When any the special finding of fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdict. If, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial. During closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special finding former controls the latter and the court may enter judgment accordingly.

This amendatory Act of the 101st General Assembly applies only to trials commencing on or after January 1, 2020.

(Source: P.A. 83-707.)

Section 99. Effective date. This Act takes effect upon becoming law.