ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/9-109 (2026)

Trial ex parte

✓ current as of May 2026
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(735 ILCS 5/9-109) (from Ch. 110, par. 9-109)
    Sec. 9-109. Trial ex parte. If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2025 · leading case: Chicago Hous. Auth. v. Santiago, 2024 IL App (1st) 221252-U (Ill. App. Ct. 2024).
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Chicago Hous. Auth. v. Santiago, 2024 IL App (1st) 221252-U (Ill. App. Ct. 2024). “”); 735 ILCS 5/9-109 (West 2022) (“If the defendant does not appear, having been duly summoned *** the trial [on an eviction complaint] may proceed ex parte, and may be tried by the court, without a jury.”
Webster House Assocs. v. Baines, 2021 IL App (1st) 190273-U (Ill. App. Ct. 2021). · cites it 2× “735 ILCS 5/9-109 (West 2018). Rule 10.5 of the Circuit Court of Cook County provides the form of summons in forcible entry and detainer cases filed in the First Districts’ Municipal Division.”
Hart v. Wright, 2025 IL App (1st) 242309-U (Ill. App. Ct. 2025). · cites it 2× “Judge Ryan determined that pursuant to section 9-109 of the Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-109 (West 2016)), plaintiff waived his right to a jury trial when he left the courtroom and refused to participate in the proceedings.”
Perry Cnty. Hous. Auth. v. Chambliss, 2021 IL App (5th) 200207-U (Ill. App. Ct. 2021). “” 735 ILCS 5/9-109 (West 2020). We find no statutorily prescribed exclusion for those 7 incarcerated.”
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