Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to making a jury demand in Illinois Circuit Court. For more detailed information, including local rules, please see the Illinois Circuit Court SmartRules Guides: Jury Demand.
Timing:
A plaintiff who wishes to have his or her case tried by jury must file a demand for jury trial at the time of commencement of the action. This provision applies equally to counterclaimants and third party plaintiffs presenting claims that are triable by jury. If the complaining party does not demand trial by jury, a defendant desiring trial by jury must file a demand not later than the filing of his or her answer. A party who does not demand trial by jury at the time of filing his or her pleading waives the right to a jury trial. 735 ILCS 5/2-1105(a).
A jury demand may be accepted after all pleadings have been filed in the following circumstances:
If an action is filed seeking equitable relief and the court later determines that one or more of the parties is entitled to trial by jury, the plaintiff, within three (3) days of the entry of the court’s order, or any defendant within six (6) days, may file a demand for trial by jury with the clerk of the court. 735 ILCS 5/2-1105(a).
If a plaintiff who had demanded a trial by jury subsequently waives the right, the defendant may demand a jury trial by “promptly” upon notification of the waiver, filing a demand with the clerk and paying the proper fees, if any. This option is also available to co-defendants in the event that a defendant who had demanded a jury trial subsequently waives the right to trial by jury. 735 ILCS 5/2-1105(a).
Jury Demand Rules:
There is no explicit Illinois statutory requirement of a written jury demand, but there is caselaw authority holding that the statute implies the need for a written demand for trial by jury.
The right to trial by jury on a federal claim presented in the Illinois state court system is generally determined based on federal requirements.
Illinois statutes provide that for cases where the claim for damages is $50,000 or less, a jury of six (6) will be employed unless either party demands a jury of twelve (12), and that in all cases the fee for trial by a jury of six (6) shall be half the fee provided for trial by a jury of twelve (12). 735 ILCS 5/2-1105(b).
The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.