Article II. Rules on Civil Proceedings in the Trial Court · Part F. Trials · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 232 directs how a court handles a case that mixes equitable and legal claims, deciding whether to try them together and assigning the legal issues to a jury when one is properly demanded.
(a)Trial of a Single Equitable Cause of Action. When matters are treated as a single
equitable cause of action as provided in Rule 135(a), they shall be heard and determined in the manner heretofore practiced in courts of equity. When legal and equitable matters that may be asserted separately are pleaded as provided in Rule 135, the court shall first determine whether the matters joined are properly severable, and, if so, whether they shall be tried together or separately and in what order.
(b)Trial of Joined Equitable and Legal Matters. If the court determines that the matters are severable, the issues formed on the law counts shall be tried before a jury when a jury has been properly demanded, or by the court when a jury has not been properly demanded. The equitable issues shall be heard and decided in the manner heretofore practiced in courts of equity.
Plain-English Summary
Some lawsuits combine claims that traditionally belonged in courts of equity with claims that belonged in courts of law. Rule 232 tells the trial court how to sort them out. When the claims are treated as a single equitable matter, the court hears and decides the whole case the way an equity court once would, without a jury.
When the case joins separate legal and equitable claims, the judge first decides whether the claims can be split apart. If they can, the judge decides whether to try them together or apart, and in what order.
If the judge decides to split the claims, the legal claims go to a jury when a party has properly demanded one, or to the judge alone if no jury was demanded. The equitable claims stay with the judge, decided the way an equity court would decide them.
Frequently Asked Questions
Does a case with both legal and equitable claims always get split into two trials?
No. The judge first decides whether the claims can be severed at all, and if so, whether to try them together or separately.
Who decides the equitable claims in a mixed case?
The judge decides them, following the traditional practice of a court of equity, regardless of whether a jury was demanded.
Can a party get a jury for the legal claims in a mixed case?
Yes, if the claims are severable and the party properly demanded a jury, the legal claims go to that jury.
What if the case is treated as a single equitable claim?
Then the whole case is heard and decided the way a court of equity would decide it, without splitting anything off for a jury.
Where does Rule 135 fit into this?
Rule 135 governs how a party pleads combined legal and equitable matters; Rule 232 governs how the court tries them once pleaded.
Committee Comments
This is a revision of the trial provisions of former Rules 10 and 11, without change in substance. The pleading provision appears as Rule 135.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:equitable and legal claims trialmixed jury and bench trialsevering claims for trialequity court procedurelaw and equity combined case