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Illinois Compiled Statutes

735 ILCS 5/2-1106 (2026)

Peremptory challenges - Alternate jurors

✓ current as of May 2026
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(735 ILCS 5/2-1106) (from Ch. 110, par. 2-1106)
    Sec. 2-1106. Peremptory challenges - Alternate jurors.
(a) Each side shall be entitled to 5 peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed 3, on account of each additional party on the side having the greatest number of parties. Each side shall be allowed an equal number of peremptory challenges. If the parties on a side are unable to agree upon the allocation of peremptory challenges among themselves, the allocation shall be determined by the court.
    (b) The court may direct that up to and including 4 jurors in addition to the regular panel be impanelled to serve as alternate jurors. Alternate jurors, in the sequence in which they are ordered into the jury box, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable to perform their duties. Alternate jurors shall be drawn in the same manner, have the same qualifications, be subject to the same examination and challenges, take the same oath, and have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror shall be discharged at the time the jury retires to consider its verdict. If alternate jurors are called each side shall be allowed one additional peremptory challenge, regardless of the number of alternate jurors called. The additional peremptory challenge may be used only against an alternate juror, but any unexercised peremptory challenges may be used against an alternate juror.
    (c) The changes made to this Section by this amendatory Act of the 104th General Assembly apply to actions commenced or pending on or after January 1, 2026.
(Source: P.A. 104-298, eff. 1-1-26.)

    
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2005–2024 · leading case: Bruntjen v. Bethalto Pizza, LLC, 2014 IL App (5th) 120245 (Ill. App. Ct. 2014).
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Bruntjen v. Bethalto Pizza, LLC, 2014 IL App (5th) 120245 (Ill. App. Ct. 2014). · cites it 3× “It is clear from the record that the defendants brought to the circuit court's attention the fact that the nominal defendants were no longer on the "same side" as contemplated by section 2-1106 of the Code of Civil Procedure (735 ILCS 5/2-1106 (West 2010)), and that accordingly,…”
Aussieker v. City of Bloomington, 822 N.E.2d 927 (Ill. App. Ct. 2005). “Prior to the enactment of section 2-1106 of the Civil Code (735 ILCS 5/2-1106 (West 2002)), allowing for peremptory challenges in excess of the maximum for multiple joined parties, the court interpreted the award of peremptory challenges as a number of challenges allowed to each…”
Bruntjen v. Bethalto Pizza, LLC, 2014 IL App (5th) 120245 (Ill. App. Ct. 2014). · cites it 3× “It is clear from the record that the defendants brought to the circuit court’s attention the fact that the nominal defendants were no longer on the “same side” as contemplated by section 2-1106 of the Code of Civil Procedure (735 ILCS 5/2-1106 (West 2010)) and that, accordingly,…”
Hall v. Roberto P. Cipolla & Osf Healthcare Sys., 2018 IL App (4th) 170664 (Ill. App. Ct. 2018). “" 735 ILCS 5/2-1106(a) (West 2016) ), but there is no limit on the number of challenges for cause ( id.”
Hall v. Cippola, 2018 IL App (4th) 170664 (Ill. App. Ct. 2019). “Statutory law provides that, in a civil case, “[e]ach side shall be entitled to [five] peremptory challenges” (735 ILCS 5/2-1106(a) (West 2016)), but there is no limit on the number of challenges for cause (id.”
Bosman v. Riverside Health Sys., 2016 IL App (3d) 150445 (Ill. App. Ct. 2017). “735 ILCS 5/2-1106(b) (West 2014). The alternate jurors “shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable to perform their duties.”
Bosman v. Riverside Health Sys., 2016 IL App (3d) 150445 (Ill. App. Ct. 2016). “735 ILCS 5/2-1106(b) (West 2014). The alternate jurors “shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable to perform their duties.”
Wischmeyer v. Petrochoice, LLC, 2024 IL App (2d) 230554-U (Ill. App. Ct. 2024). “Relying on section 2-1106(b) of the Code (735 ILCS 5/2-1106(b) (West 2022)), plaintiff argues that the trial court violated the Code by dismissing the juror and replacing him with an alternate.”
Aussieker v. City of Bloomington (Ill. App. Ct. 2005). “Prior to the enactment of section 2-1106 of the Civil Code (735 ILCS 5/2-1106 (West 2002)), allowing for peremptory challenges in excess of the maximum for multiple joined parties, the court interpreted the award of peremptory challenges as a number of challenges allowed to each…”
— 735 ILCS 5/2-1106(a) — 4 cases
Bruntjen v. Bethalto Pizza, LLC, 2014 IL App (5th) 120245 (Ill. App. Ct. 2014). “It is clear from the record that the defendants brought to the circuit court's attention the fact that the nominal defendants were no longer on the "same side" as contemplated by section 2-1106 of the Code of Civil Procedure (735 ILCS 5/2-1106 (West 2010)), and that accordingly,…”
Bruntjen v. Bethalto Pizza, LLC, 2014 IL App (5th) 120245 (Ill. App. Ct. 2014). “It is clear from the record that the defendants brought to the circuit court’s attention the fact that the nominal defendants were no longer on the “same side” as contemplated by section 2-1106 of the Code of Civil Procedure (735 ILCS 5/2-1106 (West 2010)) and that, accordingly,…”
Hall v. Roberto P. Cipolla & Osf Healthcare Sys., 2018 IL App (4th) 170664 (Ill. App. Ct. 2018). “" 735 ILCS 5/2-1106(a) (West 2016) ), but there is no limit on the number of challenges for cause ( id.”
Hall v. Cippola, 2018 IL App (4th) 170664 (Ill. App. Ct. 2019). “Statutory law provides that, in a civil case, “[e]ach side shall be entitled to [five] peremptory challenges” (735 ILCS 5/2-1106(a) (West 2016)), but there is no limit on the number of challenges for cause (id.”
— 735 ILCS 5/2-1106(b) — 3 cases
Bosman v. Riverside Health Sys., 2016 IL App (3d) 150445 (Ill. App. Ct. 2017). “735 ILCS 5/2-1106(b) (West 2014). The alternate jurors “shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable to perform their duties.”
Bosman v. Riverside Health Sys., 2016 IL App (3d) 150445 (Ill. App. Ct. 2016). “735 ILCS 5/2-1106(b) (West 2014). The alternate jurors “shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable to perform their duties.”
Wischmeyer v. Petrochoice, LLC, 2024 IL App (2d) 230554-U (Ill. App. Ct. 2024). “Relying on section 2-1106(b) of the Code (735 ILCS 5/2-1106(b) (West 2022)), plaintiff argues that the trial court violated the Code by dismissing the juror and replacing him with an alternate.”
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