If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury.
9-109.Trial ex parte.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-109 lets an eviction case proceed to trial without the defendant, and without a jury, once the defendant has been duly summoned but doesn't appear.
Full Text of 735 ILCS 5/9-109
Plain-English Summary
A defendant who was duly summoned but doesn't show up doesn't stop the case from moving forward. The trial proceeds ex parte.
That trial is tried by the court alone, without a jury -- consistent with the fact that a jury trial under Section 9-108 depends on a party demanding one, and an absent defendant isn't there to make that demand.
Frequently Asked Questions
What happens if a tenant doesn't show up to their eviction hearing?
If duly summoned, the case can proceed to trial anyway, without the tenant present.
Is an ex parte eviction trial heard by a jury?
No, the court tries it without a jury.
Does the defendant have to be properly summoned first?
Yes, the section applies only where the defendant was duly summoned as the Article provides.
Does missing court mean the landlord automatically wins?
The section describes proceeding to trial in the defendant's absence, not an automatic judgment without any trial.
Why isn't there a jury in an ex parte eviction trial?
Because the jury right under Section 9-108 depends on a party demanding one, and an absent defendant can't make that demand.
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
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