Article II. Rules on Civil Proceedings in the Trial Court · Part J. Small Claims · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 285 lets either side in a small claim demand a jury of six, or twelve for an added fee, before the case goes to trial.
Full Text of Ill. S. Ct. R. 285
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A small claim shall be tried by the court unless a jury demand is filed by the plaintiff at the
time the action is commenced or by the defendant not later than the date he is required to appear. There shall be 6 jurors unless either party demands 12. A party demanding a jury shall pay a fee of $12.50 unless he demands a jury of 12, in which case he shall pay a fee of $25, or, if another party has previously paid a fee for a jury of 6, $12.50.
Plain-English Summary
A small claim is tried by a judge alone unless someone asks for a jury. The plaintiff can demand one when filing the case; the defendant can demand one no later than the date set for appearance.
The default jury size is six, though either party can demand twelve instead. Demanding a jury costs money: $12.50 for a jury of six, or $25 for a jury of twelve — though if another party already paid the smaller fee, the party asking for twelve only owes the difference.
Frequently Asked Questions
Is a small claim automatically decided by a judge?
Yes, unless a party files a jury demand.
By when must the defendant request a jury?
No later than the date the defendant is required to appear.
How many jurors sit on a small-claims jury?
Six, unless either party demands twelve.
What does a jury demand cost?
$12.50 for six jurors, or $25 for twelve, reduced if another party already paid the smaller fee.
Can only the plaintiff demand a jury?
No — the plaintiff can demand one when filing, and the defendant can demand one later, up to the appearance date.
Committee Comments
This is paragraph E of former Rule 9-1, effective January 1, 1964, without change.
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
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