ILCS » Chapter 210 · Act 45
Illinois Compiled Statutes

210 ILCS 45/3-607 (2026)

Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect

✓ current as of May 2026
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(210 ILCS 45/3-607) (from Ch. 111 1/2, par. 4153-607)
    Sec. 3-607. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect.
(Source: P.A. 81-223.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2008–2024 · leading case: Fosler v. Midwest Care Ctr. II, Inc., 928 N.E.2d 1 (Ill. App. Ct. 2010).
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Fosler v. Midwest Care Ctr. II, Inc., 928 N.E.2d 1 (Ill. App. Ct. 2010). “Section 3-607 further provides that "[a]ny party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and…”
Fiala v. Bickford Senior Living Grp., LLC, 2015 IL App (2d) 141160 (Ill. App. Ct. 2015). “Section 3-606 of the Nursing Home Care Act (210 ILCS 45/3-606 (West 2012)) provides that “[a]ny waiver by a resident or his legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without…”
Carter v. SSC Odin Operating Co., LLC, 955 N.E.2d 1233 (Ill. App. Ct. 2011). “…or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect." 210 ILCS 45/3-607 (West 2006).”
Fiala v. Bickford Senior Living Grp., LLC, 2015 IL App (2d) 141160 (Ill. App. Ct. 2015). “” Section 3-607 of the Nursing Home Care Act (210 ILCS 45/3-607 (West 2012)), in turn, provides: “Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by jury, whether oral or in writing,…”
Key v. Accolade Healthcare of the Heartland, LLC, 2024 IL App (4th) 221030 (Ill. App. Ct. 2024). “” 210 ILCS 45/3-607 (West 2022). Plaintiff conceded that these two statutes “might arguably be preempted by the Federal Arbitration Act.”
Carter v. SSC Odin Operating Co., 2011 IL App (5th) 070392-B (Ill. App. Ct. 2011). “” 210 ILCS 45/3-607 (West 2006). -2- arbitration agreements are void for a lack of mutuality, and whether the arbitration agreements apply to the plaintiff’s claim under the Wrongful Death Act (740 ILCS 180/0.”
Carter v. SSC Odin Operating Co., LLC (Ill. App. Ct. 2008). “" 210 ILCS 45/3-607 (West 2006). Although the defendant attempts to invoke the rule in Casarotto and Thomas by claiming that the above-quoted language of sections 3-606 and 3-607 is used to "specifically target arbitration agreements," we do not agree with such a narrow reading…”
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