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2-1106.Peremptory challenges - Alternate jurors.

Article II. Civil Practice · Part 11. Trial · Last amended 2026 · Last verified July 20, 2026

In one sentenceGives each side 5 peremptory challenges (more for multiple parties), lets the court seat up to 4 alternate jurors who share the panel's duties until deliberations, and grants one extra peremptory challenge per side when alternates are used.

Full Text of 735 ILCS 5/2-1106

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(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.

Plain-English Summary

Subsection (a) sets the baseline: 5 peremptory challenges per side. If a side has more than one party, the court may allow up to 3 more challenges for the extra parties on the side with the most parties, keeping both sides equal, and the court resolves any dispute among co-parties over how to allocate their challenges.

Subsection (b) covers alternate jurors. The court may seat up to 4 additional jurors as alternates, drawn, qualified, examined, and sworn the same way as the principal jurors. Alternates replace jurors who become unable to serve before the jury retires, in the order they were seated, and an alternate not needed is discharged when the jury retires to deliberate. If alternates are called, each side gets one more peremptory challenge, usable only against an alternate, though any leftover peremptory challenges may also be used against an alternate.

Subsection (c) is an effective-date clause: the changes the 104th General Assembly made to this section apply to actions commenced or pending on or after January 1, 2026 -- meaning the peremptory-challenge and alternate-juror rules described above are now the operative law.

Frequently Asked Questions

How many peremptory challenges does each side get?

5, with up to 3 more allowed per side if it has multiple parties.

How many alternate jurors can a court seat?

Up to 4.

Do alternate jurors go through the same selection process as regular jurors?

Yes. They're drawn, qualified, examined, and sworn the same way as principal jurors.

What happens to an alternate juror who is never needed?

The court discharges that alternate when the jury retires to consider its verdict.

Do parties get extra peremptory challenges when alternates are seated?

Yes, one additional peremptory challenge per side, usable against an alternate juror.

Amendment History

(Source: P.A. 104-298, eff. 1-1-26.)

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
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