Article II. Civil Practice · Part 11. Trial · Last amended 2015 · Last verified July 20, 2026
The official Illinois Compiled Statutes database prints two separate versions of this section — a Public Act later held unconstitutional alongside the text as it read before that amendment; both are shown below.
In one sentenceSets deadlines for demanding a jury trial -- at filing for plaintiffs, at answer for defendants -- and fixes jury size, though the size rule changed in 2015 from a $50,000 damages cutoff to a flat jury of six with paid alternates.
Full Text of 735 ILCS 5/2-1105
Text sizeWith the changes made by P.A. 98-1132 (held unconstitutional) — jump to: (a)(b)
Without the changes made by P.A. 98-1132 (held unconstitutional) — jump to: (a)(b)
735 ILCS 5/2-1105. With the changes made by P.A. 98-1132 (held unconstitutional)
(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.
735 ILCS 5/2-1105. Without the changes made by P.A. 98-1132 (held unconstitutional)
(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.
Plain-English Summary
Subsection (a) is identical in both versions of this section. A plaintiff who wants a jury trial must file a demand with the clerk when the action is commenced; a defendant must file a demand no later than when the answer is filed. Otherwise, the party waives a jury. If a case seeking equitable relief later turns out to involve a jury right, the plaintiff gets 3 days and the defendant 6 days from the court's order to file a demand. If a plaintiff who demanded a jury later waives it, any defendant -- and, among multiple defendants, any defendant besides the one who first demanded a jury -- can still get a jury trial by demanding one promptly after learning of the waiver and paying the proper fee.
Subsection (b) is where the two versions diverge. Before P.A. 98-1132 took effect on June 1, 2015, a jury was 6 people for claims of $50,000 or less, and either party could demand a jury of 12 by paying double the fee. Under P.A. 98-1132, every jury case is tried by a jury of 6 regardless of the amount at stake, and parties instead pay an added fee if they want alternate jurors -- with a grandfather clause preserving a right to a 12-person jury, for cases filed before the amendment, where a party had already paid the fee for a jury of 12.
This is a genuine shift in substance, not just wording: the size of an Illinois civil jury no longer turns on the dollar amount in controversy. It depends on when the case was filed relative to the 2015 amendment.
Frequently Asked Questions
When must I demand a jury trial as a plaintiff?
At the time you file the action.
When must a defendant demand a jury?
No later than when the defendant files an answer.
How big is an Illinois civil jury today?
Six jurors, in all jury cases under the current version of this section.
Could a party once get a 12-person jury?
Yes. Before the 2015 amendment, a jury of 6 applied to claims of $50,000 or less, and either party could pay an added fee for a jury of 12.
What if the plaintiff demands a jury and later waives it?
Any defendant may still get a jury trial by demanding one promptly after learning of the waiver and paying the applicable fee.
Amendment History
With the changes made by P.A. 98-1132 (held unconstitutional)(Source: P.A. 98-1132, eff. 6-1-15.)
Without the changes made by P.A. 98-1132 (held unconstitutional)(Source: P.A. 94-206, eff. 1-1-06.)
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 jury demand deadlinejury of 6 illinois civil casejury trial waiver illinoisalternate juror fee illinois