ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-1105 (2026)

Jury demand

✓ current as of May 2026
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(735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
    (Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional)
    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 shall be tried by a jury of 6. If alternate jurors are requested, an additional fee established by the county shall be charged for each alternate juror requested. For all cases filed prior to the effective date of this amendatory Act of the 98th General Assembly, if a party has paid for a jury of 12, that party may demand a jury of 12 upon proof of payment.
(Source: P.A. 98-1132, eff. 6-1-15.)
 
    (Text of Section WITHOUT the changes made by P.A. 98-1132, which has been held unconstitutional)
    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 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. 94-206, eff. 1-1-06.)

    
Notes of Decisions
Cited in 40 cases (7 in the last 5 years), 1993–2026 · leading case: Koehler v. The Packer Grp., Inc., 2016 IL App (1st) 142767 (Ill. App. Ct. 2016).
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Bowman v. Am. River Transp. Co., 838 N.E.2d 949 (Ill. 2005). · cites it 3× “We begin by stating our agreement with plaintiff that section *960 2-1105 of the Code of Civil Procedure (735 ILCS 5/2-1105 (West 2000)) does not, as the Hutton majority reasoned, establish a Jones Act defendant's right to a state jury trial.”
Koehler v. The Packer Grp., Inc., 2016 IL App (1st) 142767 (Ill. App. Ct. 2016). · cites it 2× “See 735 ILCS 5/2-1105 (West 2010); Brown, 104 Ill.”
Hutton v. Consol. Grain & Barge Co., 795 N.E.2d 303 (Ill. App. Ct. 2003). · cites it 4× “Because we hold the defendants are entitled to a jury trial, we find the trial court erred in striking defendants' jury demand.”
Kakos v. Butler, 2016 IL 120377 (Ill. 2016). · cites it 4× “¶5 Defendants Bauer and the Center of Brain and Spine Surgery filed their appearance and moved for leave to file a 12-person jury demand and “to declare Public Act 98-1132, which amended 735 ILCS 5/2-1105(b), as unconstitutional.”
Martin v. Heinold Commodities, Inc., 643 N.E.2d 734 (Ill. 1994). “" (735 ILCS 5/2-1105(a) (West 1992).) Heinold filed a jury demand when it answered plaintiffs' complaint.”
Kakos v. Butler, 2016 IL 120377 (Ill. 2016). · cites it 4× “¶5 Defendants Bauer and the Center of Brain and Spine Surgery filed their appearance and moved for leave to file a 12-person jury demand and “to declare Public Act 98-1132, which amended 735 ILCS 5/2-1105(b), as unconstitutional.”
MD Elec. Contractors, Inc. v. Abrams, 888 N.E.2d 54 (Ill. 2008). “See 735 ILCS 5/2-1105 (West 2004) (requiring that a plaintiff "desirous" of a jury "file a demand" with the clerk "at the time the action is commenced").”
People v. Miller, 2014 IL App (1st) 122186 (Ill. App. Ct. 2014). · cites it 2× “¶ 11 ANALYSIS ¶ 12 On appeal from that order, respondent first contends that the trial court erred in denying his late jury demand because once the State withdrew its own demand for a jury trial, respondent was entitled to make such a demand as a matter of right under section…”
Hana v. Illinois State Med. Inter-Ins. Exch. Mut. Ins. Co., 2018 IL App (1st) 162166 (Ill. App. Ct. 2018). · cites it 2× “June 1, 2015), which amended section 2-1105(b) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1105(b) (West 2016)) to provide for six-person juries in civil cases, and over the objection of ISMIE, this matter was tried before a six-person jury.”
Pechan v. Dynapro, Inc., 622 N.E.2d 108 (Ill. App. Ct. 1993). “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…”
In re Est. of Burren, 2013 IL App (1st) 120996 (Ill. App. Ct. 2013). “” 735 ILCS 5/2-1105(a) (West 2008). Steven filed his answer to the citation on July 14, 2009.”
Hana v. Illinois State Med. Inter-Ins. Exch. Mut. Ins. Co., 2018 IL App (1st) 162166 (Ill. App. Ct. 2018). · cites it 2× “June 1, 2015), which amended section 2-1105(b) of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-1105(b) (West 2016) ) to provide for six-person juries in civil cases, and over the objection of ISMIE, this matter was tried before a six-person jury.”
Show all 40 citing cases →
— 735 ILCS 5/2-1105(a) — 20 cases
Koehler v. The Packer Grp., Inc., 2016 IL App (1st) 142767 (Ill. App. Ct. 2016). “See 735 ILCS 5/2-1105 (West 2010); Brown, 104 Ill.”
Martin v. Heinold Commodities, Inc., 643 N.E.2d 734 (Ill. 1994). “" (735 ILCS 5/2-1105(a) (West 1992).) Heinold filed a jury demand when it answered plaintiffs' complaint.”
Bowman v. Am. River Transp. Co., 838 N.E.2d 949 (Ill. 2005). “We begin by stating our agreement with plaintiff that section *960 2-1105 of the Code of Civil Procedure (735 ILCS 5/2-1105 (West 2000)) does not, as the Hutton majority reasoned, establish a Jones Act defendant's right to a state jury trial.”
People v. Miller, 2014 IL App (1st) 122186 (Ill. App. Ct. 2014). “¶ 11 ANALYSIS ¶ 12 On appeal from that order, respondent first contends that the trial court erred in denying his late jury demand because once the State withdrew its own demand for a jury trial, respondent was entitled to make such a demand as a matter of right under section…”
Pechan v. Dynapro, Inc., 622 N.E.2d 108 (Ill. App. Ct. 1993). “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…”
— 735 ILCS 5/2-1105(b) — 6 cases
Kakos v. Butler, 2016 IL 120377 (Ill. 2016). “¶5 Defendants Bauer and the Center of Brain and Spine Surgery filed their appearance and moved for leave to file a 12-person jury demand and “to declare Public Act 98-1132, which amended 735 ILCS 5/2-1105(b), as unconstitutional.”
Kakos v. Butler, 2016 IL 120377 (Ill. 2016). “¶5 Defendants Bauer and the Center of Brain and Spine Surgery filed their appearance and moved for leave to file a 12-person jury demand and “to declare Public Act 98-1132, which amended 735 ILCS 5/2-1105(b), as unconstitutional.”
Hana v. Illinois State Med. Inter-Ins. Exch. Mut. Ins. Co., 2018 IL App (1st) 162166 (Ill. App. Ct. 2018). “June 1, 2015), which amended section 2-1105(b) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1105(b) (West 2016)) to provide for six-person juries in civil cases, and over the objection of ISMIE, this matter was tried before a six-person jury.”
Hana v. Illinois State Med. Inter-Ins. Exch. Mut. Ins. Co., 2018 IL App (1st) 162166 (Ill. App. Ct. 2018). “June 1, 2015), which amended section 2-1105(b) of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-1105(b) (West 2016) ) to provide for six-person juries in civil cases, and over the objection of ISMIE, this matter was tried before a six-person jury.”
Villa DuBois, LLC v. El, 2020 IL App (1st) 190182 (Ill. App. Ct. 2020).
— 735 ILCS 5/2-1105(c) — 2 cases
Davis v. Haas & Haas Inc. (Ill. App. Ct. 1998).
Largosa v. Ford Motor Co. (Ill. App. Ct. 1999).
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