On the trial of every action seeking equitable relief, oral testimony shall be taken when desired by either party.
2-1112.Oral testimony in actions seeking equitable relief.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires live oral testimony at trial in an equitable-relief action whenever either party wants it, instead of leaving the court free to decide the case on paper alone.
Full Text of 735 ILCS 5/2-1112
Plain-English Summary
This section guarantees either party the right to present oral testimony in an equity trial -- the case can't be forced onto a paper record of affidavits or depositions over a party's objection if that party wants to present live witnesses.
It complements Section 2-1103's affidavit rules and Section 2-1111's discretionary jury-issue mechanism, together shaping how equitable cases get tried in practice.
Frequently Asked Questions
Can either side insist on presenting oral testimony in an equity case?
Yes. Oral testimony is taken when desired by either party.
Does this apply to every kind of civil case, or just equitable relief?
It applies specifically to actions seeking equitable relief.
Can a court decide an equity case entirely on affidavits if a party wants to testify live?
No. If either party wants oral testimony, it must be taken.
Does this section affect who decides the case, judge or jury?
No. It governs the form evidence takes, not who decides the case.
Does this section relate to Section 2-1111?
Yes. Both address how equitable-relief actions are tried -- one on jury issues, this one on the form of testimony.
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: oral testimony equitable relief illinoisequity trial procedure illinoisillinois equity case live testimony