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Illinois Compiled Statutes

735 ILCS 5/2-1107 (2026)

Instructing the jury - Taking instructions and papers to the jury room

✓ current as of May 2026
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(735 ILCS 5/2-1107) (from Ch. 110, par. 2-1107)
    Sec. 2-1107. Instructing the jury - Taking instructions and papers to the jury room. (a) The court shall give instructions to the jury only in writing, unless the parties agree otherwise, and only as to the law of the case. An original and one copy of each instruction asked by any party shall be tendered to the court. The copies shall be numbered and shall indicate who tendered them. Copies of instructions given on the court's own motion or modified by the court shall be so identified. When instructions are asked which the court refuses to give, the court shall on the margin of the original and copy write the word "refused" and shall write the word "given" on the margin of the original and copy of those given. The court shall in no case, after instructions are given, clarify, modify or in any manner explain them to the jury, otherwise than in writing, unless the parties agree otherwise.
    (b) The original written instructions given by the court to the jury shall be taken by the jury to the jury room, and shall be returned by the jury with its verdict into court. The originals and copies of all instructions, whether given, modified or refused, shall be filed as a part of the proceedings in the cause.
    (c) At the close of the evidence or at any earlier time during the trial that the court reasonably directs, any party may tender instructions and shall at the same time deliver copies thereof to counsel for other parties. If the number or length of the instructions tendered is unreasonable, the court after examining the instructions may require counsel to reduce the number or length thereof. The court shall hold a conference with counsel to settle the instructions and shall inform counsel of the court's proposed action thereon prior to the arguments to the jury. If as a result of the arguments to the jury the court determines that additional instructions are desirable, the court may after a further conference with counsel approve additional instructions. The court shall instruct the jury after the arguments are completed. Conferences on instructions must be out of the presence of the jury.
    (d) Papers read or received in evidence, other than depositions, may be taken by the jury to the jury room for use during the jury's deliberation.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1994–2025 · leading case: People v. Leach, 952 N.E.2d 647 (Ill. App. Ct. 2011).
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People v. Leach, 952 N.E.2d 647 (Ill. App. Ct. 2011). “Defendant asserts that the trial court wrongly injected an entirely new theory of liability into the case against which defendant had no chance to defend himself because the case had already been submitted to the jury.”
People v. Sangster, 2014 IL App (1st) 113457 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-1107(c) (West 2010). The State further argues the trial court had authority to amend the instructions under Illinois Supreme Court Rule 451(f) (eff.”
Doe v. Parrillo, 2021 IL 126577 (Ill. 2021). “See 735 ILCS 5/2-1107(c) (West 2018). That statute states, “The court shall hold a conference with counsel to settle the instructions and shall inform counsel of the court’s proposed action thereon prior to the arguments to the jury.”
Van Winkle v. Owens-Corning Fiberglas Corp., 683 N.E.2d 985 (Ill. App. Ct. 1997). “Section 2-1107 of the Code of Civil Procedure (Code) provides that documents read or received into evidence " may be taken by the jury to the jury room for use during the jury's deliberation.”
Jackson Ex Rel. Jackson v. Reid, 935 N.E.2d 978 (Ill. App. Ct. 2010). “735 ILCS 5/2-1107(d) (West 2008). The "decision of whether to send exhibits to the jury room rests within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion.”
People v. Alexander, 2019 IL App (3d) 160709 (Ill. App. Ct. 2019). “See 735 ILCS 5/2-1107(c) (West 2016); Ill. S.”
Curry v. Pucinski, 864 F. Supp. 839 (N.D. Ill. 1994). “Rule 451(c) requires instructions in a criminal case to be "tendered, settled, and given in accordance with section 2-1107 of the Code of Civil Procedure” (735 ILCS 5/2-1107). Section 2-1107(b) provides that "originals and copies of all instructions, whether given, modified or…”
Vyse v. Nw. Mem'l Hosp., 2024 IL App (1st) 230575-U (Ill. App. Ct. 2024). “735 ILCS 5/2-1107(d) (West 2022) (“Papers read or received in evidence, other than depositions, may be taken by the jury to the jury room for using during the jury’s deliberation”).”
People v. Tabor, 2021 IL App (1st) 180527-U (Ill. App. Ct. 2021). “See 735 ILCS 5/2-1107(c) (West 2012); Ill. S.”
People v. Crowley, 2025 IL App (1st) 241072-U (Ill. App. Ct. 2025). “8, 2013) and section 2-1107 of the Code of Civil Procedure (735 ILCS 5/2-1107 (West 2022)). As the record does not show that error occurred, the plain error doctrine does not apply.”
Gallina v. Watson (Ill. App. Ct. 2004). “According to section 2-1107(d) of the Code of Civil Procedure (Code), "[p]apers read or received in evidence, other than depositions, may be taken by the jury to the jury room for use during the jury's deliberations.”
Jackson v. Reid (Ill. App. Ct. 2010). “735 ILCS 5/2-1107(d) (West 2008). The “decision of whether to send exhibits to the jury room rests within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion.”
Show all 17 citing cases →
— 735 ILCS 5/2-1107(a) — 1 case
People v. Lindmark (Ill. App. Ct. 2008).
— 735 ILCS 5/2-1107(c) — 5 cases
People v. Leach, 952 N.E.2d 647 (Ill. App. Ct. 2011). “Defendant asserts that the trial court wrongly injected an entirely new theory of liability into the case against which defendant had no chance to defend himself because the case had already been submitted to the jury.”
People v. Sangster, 2014 IL App (1st) 113457 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-1107(c) (West 2010). The State further argues the trial court had authority to amend the instructions under Illinois Supreme Court Rule 451(f) (eff.”
Doe v. Parrillo, 2021 IL 126577 (Ill. 2021). “See 735 ILCS 5/2-1107(c) (West 2018). That statute states, “The court shall hold a conference with counsel to settle the instructions and shall inform counsel of the court’s proposed action thereon prior to the arguments to the jury.”
People v. Alexander, 2019 IL App (3d) 160709 (Ill. App. Ct. 2019). “See 735 ILCS 5/2-1107(c) (West 2016); Ill. S.”
People v. Tabor, 2021 IL App (1st) 180527-U (Ill. App. Ct. 2021). “See 735 ILCS 5/2-1107(c) (West 2012); Ill. S.”
— 735 ILCS 5/2-1107(d) — 8 cases
Van Winkle v. Owens-Corning Fiberglas Corp., 683 N.E.2d 985 (Ill. App. Ct. 1997). “Section 2-1107 of the Code of Civil Procedure (Code) provides that documents read or received into evidence " may be taken by the jury to the jury room for use during the jury's deliberation.”
Jackson Ex Rel. Jackson v. Reid, 935 N.E.2d 978 (Ill. App. Ct. 2010). “735 ILCS 5/2-1107(d) (West 2008). The "decision of whether to send exhibits to the jury room rests within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion.”
Vyse v. Nw. Mem'l Hosp., 2024 IL App (1st) 230575-U (Ill. App. Ct. 2024). “735 ILCS 5/2-1107(d) (West 2022) (“Papers read or received in evidence, other than depositions, may be taken by the jury to the jury room for using during the jury’s deliberation”).”
Gallina v. Watson (Ill. App. Ct. 2004). “According to section 2-1107(d) of the Code of Civil Procedure (Code), "[p]apers read or received in evidence, other than depositions, may be taken by the jury to the jury room for use during the jury's deliberations.”
Jackson v. Reid (Ill. App. Ct. 2010). “735 ILCS 5/2-1107(d) (West 2008). The “decision of whether to send exhibits to the jury room rests within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion.”
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