(735 ILCS 5/2-1202) (from Ch. 110, par. 2-1202)
Sec. 2-1202.
Reserved ruling on motion for directed verdict - Post-trial
motions in jury cases.
(a) If at the close of the evidence, and before the case is
submitted to the jury, any party moves for a directed verdict the court
may (1) grant the motion or (2) deny the motion or reserve its ruling
thereon and submit the case to the jury. If the court denies the motion
or reserves its ruling thereon, the motion is waived unless the request
is renewed in the post-trial motion.
(b) Relief desired after trial in jury cases, heretofore sought by
reserved motions for directed verdict or motions
for judgment notwithstanding the verdict, in arrest
of judgment or for new trial, must be sought in a single post-trial
motion. Relief after trial may include the entry of judgment if under
the evidence in the case it would have been the duty of the court to
direct a verdict without submitting the case to the jury, even though no
motion for directed verdict was made or if made was denied or ruling
thereon reserved. The post-trial motion must contain the points relied
upon, particularly specifying the grounds in support thereof, and must
state the relief desired, as for example, the entry of a judgment, the
granting of a new trial or other appropriate relief. Relief sought in
post-trial motions may be in the alternative or may be conditioned upon
the denial of other relief asked in preference thereto, as for example,
a new trial may be requested in the event a request for judgment is
denied.
(c) Post-trial motions must be filed within 30 days after the entry
of judgment or the discharge of the jury, if no verdict is reached, or
within any further time the court may allow within the 30 days or any
extensions thereof. A party against whom judgment is entered pursuant to
post-trial motion shall have like time after the entry of the judgment
within which to file a post-trial motion.
(d) A post-trial motion filed in apt time stays enforcement of the
judgment.
(e) Any party who fails to seek a new trial in his or her post-trial
motion, either conditionally or unconditionally, as herein provided,
waives the right to apply for a new trial, except in cases in which the
jury has failed to reach a verdict.
(f) The court must rule upon all relief sought in all post-trial
motions. Although the ruling on a portion of the relief sought renders
unnecessary a ruling on other relief sought for purposes of further
proceedings in the trial court, the court must nevertheless rule
conditionally on the other relief sought by determining whether it
should be granted if the unconditional rulings are thereafter reversed,
set aside or vacated. The conditional rulings become effective in the
event the unconditional rulings are reversed, set aside or vacated.
(Source: P.A. 82-280.)
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