Rule 436.Separation and Sequestration of Jury in Criminal Cases; Admonition by Court.
Article IV. Rules on Criminal Proceedings in the Trial Court · Part C. Trials · Last amended 1997 · Last verified July 20, 2026
In one sentenceRule 436 lets a judge allow jurors to separate overnight, on weekends, or in emergencies instead of sequestering them, as long as jurors are admonished not to discuss the case, follow outside coverage of it, or visit the scene.
(a)In criminal cases, either before or after submission of the cause to the jury for
determination, the trial court may, in its discretion, keep the jury together in the charge of an officer of the court, or the court may allow the jurors to separate temporarily outside the presence of a court officer, overnight, on weekends, on holidays, or in emergencies.
(b)The jurors shall, whether permitted to separate or kept in charge of officers, be admonished by the trial court that it is their duty (1) not to converse with anyone else on any subject connected with the trial until they are discharged; (2) not to knowingly read or listen to outside comments or news accounts of the procedure until they are discharged; (3) not to discuss among themselves any subject connected with the trial, or form or express any opinion on the cause until it is submitted to them for deliberation; and (4) not to view the place where the offense was allegedly committed.
Plain-English Summary
Illinois no longer requires a jury to be sequestered for the length of a criminal trial. Rule 436 gives the trial court discretion either to keep the jury together in an officer's charge or to let jurors go home temporarily, overnight, on weekends, on holidays, or in an emergency, whether or not the case has already been submitted to them for deliberation.
Whichever approach the court chooses, jurors have to be admonished about their obligations: not to talk with anyone about anything connected to the trial until they're discharged, not to seek out news coverage or outside commentary on the case, not to discuss the case among themselves or form an opinion before it's formally submitted for deliberation, and not to visit the scene of the alleged offense on their own.
Frequently Asked Questions
Must a jury always be sequestered during a criminal trial?
No. Rule 436 gives the trial court discretion to let jurors separate temporarily instead of keeping them together under guard.
Can jurors go home once the case has been submitted for deliberation?
Yes, the court may allow temporary separation even after the case has been submitted to the jury.
What are jurors told not to do when they're allowed to separate?
Not to discuss the trial with anyone, not to seek out news or commentary about the case, not to form an opinion or discuss it among themselves before deliberations begin, and not to visit the scene of the alleged offense.
Can jurors discuss the case among themselves before deliberations start?
No. The admonition bars that until the case is formally submitted to them for deliberation.
Why did Illinois move away from mandatory sequestration?
The rule was designed to spare jurors the burden of being housed and guarded overnight in every case, while still protecting the trial from outside influence through firm admonitions.
Committee Comments
This proposed rule is intended to allow jurors to go home for an evening, weekend, holiday, or emergency and dispense with the need to accommodate the jurors in a hotel overnight, even if the cause has been submitted to them for final deliberation. The Code of Criminal Procedure presently requires “an officer of the court *** to keep [jurors] together and prevent conversation between the jurors and others” (except interpreters), after final submission of the cause to the jury for determination. 725 ILCS 5/115-4. This proposed rule provides that in appropriate cases, jurors may separate temporarily after being admonished with regard to their duties. It does away with the blanket requirement that they be sequestered and guarded.
Amendment History
Adopted May 20, 1997, effective July 1, 1997.
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:jury sequestration rule illinoisjury separation overnight rulejuror admonishment instructionscan jury go home during criminal trialjury deliberation separation rule