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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0174
Introduced 1/11/2005, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1105 |
from Ch. 110, par. 2-1105 |
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Amends the Code of Civil Procedure. Provides for a jury of 6 in all jury cases where the claim for damages is $50,000 or less (instead of cases where the claim does not exceed $15,000) unless either party demands a jury of 12.
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A BILL FOR
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HB0174 |
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LRB094 04319 LCB 34348 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 2-1105 as follows:
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| (735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
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| Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a |
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| trial by jury must file
a demand therefor with the clerk at the |
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| time the action is commenced. A
defendant desirous of a trial |
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| by jury must file a demand therefor not
later than the filing |
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| of his or her answer. Otherwise, the party waives a
jury. If an |
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| action is filed seeking equitable relief and the court
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| thereafter determines that one or more of the parties is or are |
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| entitled
to a trial by jury, the plaintiff, within 3 days from |
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| the entry of such
order by the court, or the defendant, within |
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| 6 days from the entry of
such order by the court, may file his |
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| or her demand for trial by jury with the
clerk of the court. If |
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| the plaintiff files a jury demand and thereafter
waives a jury, |
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| any defendant and, in the case of multiple defendants, if
the |
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| defendant who filed a jury demand thereafter waives a jury, any
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| other defendant shall be granted a jury trial upon demand |
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| therefor made
promptly after being advised of the waiver and |
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| upon payment of the
proper fees, if any, to the clerk.
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| (b) All jury cases where the claim for damages is $50,000 |
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| or less
does not exceed
$15,000 shall be tried by a jury of 6, |
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| unless either party demands a
jury of 12. If a fee in |
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| connection with a jury demand is required by
statute or rule of |
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| court, the fee for a jury of 6 shall be 1/2 the
fee for a jury |
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| of 12. A party demanding a jury of 12 after another party
has |
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| paid the applicable fee for a jury of 6 shall pay the remaining
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| 1/2 of the fee applicable to a jury of 12.
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| (Source: P.A. 83-1362.)
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