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735 ILCS 5/2-1105
(735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
(Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a trial by jury must file
a demand therefor with the clerk at the time the action is commenced. A
defendant desirous of a trial by jury must file a demand therefor not
later than the filing of his or her answer. Otherwise, the party waives a
jury. If an action is filed seeking equitable relief and the court
thereafter determines that one or more of the parties is or are entitled
to a trial by jury, the plaintiff, within 3 days from the entry of such
order by the court, or the defendant, within 6 days from the entry of
such order by the court, may file his or her demand for trial by jury with the
clerk of the court. If the plaintiff files a jury demand and thereafter
waives a jury, any defendant and, in the case of multiple defendants, if
the defendant who filed a jury demand thereafter waives a jury, any
other defendant shall be granted a jury trial upon demand therefor made
promptly after being advised of the waiver and upon payment of the
proper fees, if any, to the clerk.
(b) All jury cases shall be tried by a jury of 6. If alternate jurors are requested, an additional fee established by the county shall be charged for each alternate juror requested. For all cases filed prior to the effective date of this amendatory Act of the 98th General Assembly, if a party has paid for a jury of 12, that party may demand a jury of 12 upon proof of payment.
(Source: P.A. 98-1132, eff. 6-1-15.)
(Text of Section WITHOUT the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a trial by jury must file
a demand therefor with the clerk at the time the action is commenced. A
defendant desirous of a trial by jury must file a demand therefor not
later than the filing of his or her answer. Otherwise, the party waives a
jury. If an action is filed seeking equitable relief and the court
thereafter determines that one or more of the parties is or are entitled
to a trial by jury, the plaintiff, within 3 days from the entry of such
order by the court, or the defendant, within 6 days from the entry of
such order by the court, may file his or her demand for trial by jury with the
clerk of the court. If the plaintiff files a jury demand and thereafter
waives a jury, any defendant and, in the case of multiple defendants, if
the defendant who filed a jury demand thereafter waives a jury, any
other defendant shall be granted a jury trial upon demand therefor made
promptly after being advised of the waiver and upon payment of the
proper fees, if any, to the clerk.
(b) All jury cases where the claim for damages is $50,000 or less shall be tried by a jury of 6, unless either party demands a
jury of 12. If a fee in connection with a jury demand is required by
statute or rule of court, the fee for a jury of 6 shall be 1/2 the
fee for a jury of 12. A party demanding a jury of 12 after another party
has paid the applicable fee for a jury of 6 shall pay the remaining
1/2 of the fee applicable to a jury of 12.
(Source: P.A. 94-206, eff. 1-1-06.) |
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