|
||||
Public Act 094-0206 |
||||
| ||||
| ||||
AN ACT concerning civil procedure.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-1105 as follows:
| ||||
(735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
| ||||
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
does not exceed
$15,000 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. 83-1362.)
|