HB0174 Engrossed

LRB094 04319 LCB 34348 b






1
    AN ACT concerning civil procedure.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Code of Civil Procedure is amended  by 
5
changing Section 2-1105 as follows:
 



6
    (735 ILCS 5/2-1105)  (from Ch. 110, par. 2-1105)



7
    Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a 
8
trial by jury must file
a demand therefor with the clerk at the 
9
time the action is commenced.  A
defendant desirous of a trial 
10
by jury must file a demand therefor not
later than the filing 
11
of his or her answer.  Otherwise, the party waives a
jury.  If an 
12
action is filed seeking equitable relief and the court

13
thereafter determines that one or more of the parties is or are 
14
entitled
to a trial by jury, the plaintiff, within 3 days from 
15
the entry of such
order by the court, or the defendant, within 
16
6 days from the entry of
such order by the court, may file his 
17
or her demand for trial by jury with the
clerk of the court.  If 
18
the plaintiff files a jury demand and thereafter
waives a jury, 
19
any defendant and, in the case of multiple defendants, if
the 
20
defendant who filed a jury demand thereafter waives a jury, any

21
other defendant shall be granted a jury trial upon demand 
22
therefor made
promptly after being advised of the waiver and 
23
upon payment of the
proper fees, if any, to the clerk.

24
    (b) All jury cases where the claim for damages is $50,000 
25
or less
does not exceed
$15,000 shall be tried by a jury of 6, 
26
unless either party demands a
jury of 12.  If a fee in 
27
connection with a jury demand is required by
statute or rule of 
28
court, the fee for a jury of 6 shall be 1/2 the
fee for a jury 
29
of 12. A party demanding a jury of 12 after another party
has 
30
paid the applicable fee for a jury of 6 shall pay the remaining

31
1/2 of the fee applicable to a jury of 12.

32
(Source: P.A. 83-1362.)