The trial shall proceed without written pleadings in the same manner as in other civil cases, and may be by a jury if either party demands one.
12-202.Trial.
Article XII. Judgments - Enforcement · Part 2. Trial of Right of Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects that the trial of a right-of-property claim proceed without written pleadings, following ordinary civil trial practice, with a jury available if either side demands one.
Full Text of 735 ILCS 5/12-202
Plain-English Summary
Once the circuit court has opened a right-of-property proceeding under Section 12-201, this section tells the parties how the actual trial runs. There are no written pleadings to draft or answer; the case moves straight to trial the way other civil cases do once the pleading stage is behind them.
Either side can demand a jury. That single sentence puts the property dispute on equal footing with an ordinary civil action for purposes of who decides the facts, even though the case began with an officer's levy rather than a filed complaint.
Frequently Asked Questions
Do the parties file a complaint and answer before trial?
No. Section 12-202 dispenses with written pleadings; the case proceeds directly to trial in the same manner as other civil cases.
Can either party request a jury?
Yes. The section allows a jury trial if either the claimant or the judgment creditor demands one.
What civil procedures govern the trial itself?
The section incorporates the same manner of trial used in other civil cases, so ordinary rules of evidence and trial conduct apply even though the case skipped formal pleadings.
Where does this trial fit in the overall right-of-property process?
Why would the legislature skip pleadings for this kind of case?
The dispute is narrow and time-sensitive: it exists to resolve who owns levied property quickly enough that the property is not held in limbo, so the statute streamlines the case straight to trial.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois right of property trial procedurejury trial claim to levied property illinoisno written pleadings property claim illinois