The court may in its discretion direct an issue or issues to be tried by a jury, whenever it is judged necessary in any action seeking equitable relief.
2-1111.Juries in cases seeking equitable relief.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives a court discretion to send one or more issues in an equity case to a jury when the judge finds it necessary, even though equitable claims aren't otherwise tried by jury.
Full Text of 735 ILCS 5/2-1111
Plain-English Summary
Equitable actions -- claims for an injunction, an accounting, specific performance, and the like -- aren't ordinarily jury matters. This section lets the court direct that a specific issue or issues be tried by a jury when the court judges it necessary, an advisory-jury-type mechanism confined to particular issues rather than the whole case.
The choice is discretionary: the statute says the court may direct a jury issue whenever it is judged necessary, so a party can't demand this the way a jury demand works in an action at law under Section 2-1105.
Frequently Asked Questions
Can a jury decide an equity case in Illinois?
Not automatically, but the court may, in its discretion, direct that a specific issue be tried by a jury when necessary.
Is a party entitled to a jury in an equitable action?
No. This section leaves the decision to the court's discretion.
Does this send the whole equity case to a jury?
No. It applies to an issue or issues the court identifies, not necessarily the entire case.
How does this differ from the jury-demand right in Section 2-1105?
Section 2-1105 covers a party's demand for a jury trial where one exists as of right; this section covers the court's discretionary choice to use a jury in an equity case.
What triggers the court to use a jury here?
The court's own judgment that doing so is necessary.
Amendment History
(Source: P.A. 82-280.)
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: jury in equity case illinoisadvisory jury illinois civil procedureequitable relief jury trial illinois