Except as specifically stated herein or in existing statutes, the Code of Civil Procedure shall
apply in all ordinance prosecutions to which these rules apply.
Rule 571.Code of Civil Procedure to Apply
Article V. Rules on Trial Court Proceedings in Traffic and Conservation Offenses, Ordinance Offenses, Petty Offenses, Misdemeanors, and Civil Law Violations · Part E. Rules and Procedures for Non-Traffic/Non-Conservation Ordinance Violations · Last amended 2011 · Last verified July 20, 2026
In one sentenceRule 571 makes the Code of Civil Procedure the default rulebook for ordinance prosecutions, except where these rules or another Supreme Court rule says otherwise.
Full Text of Ill. S. Ct. R. 571
Plain-English Summary
An ordinance violation case sits in an odd spot — it punishes rule-breaking the way a criminal case would, but courts have long treated it as civil in form. Rule 571 settles the procedural question that follows: unless these rules or another Supreme Court rule specifically provides otherwise, the Code of Civil Procedure applies.
That choice shapes practical details throughout an ordinance case, from how a jury gets demanded to how discovery works, and it reflects decades of Illinois case law holding that ordinance prosecutions with fine-only penalties follow civil procedure rather than criminal procedure.
Frequently Asked Questions
Is an ordinance violation case treated like a civil lawsuit or a criminal case?
Procedurally, it follows the Code of Civil Procedure, though some rules built specifically for ordinance cases still apply alongside it.
Why does it matter which code applies?
It decides things like how discovery, jury demands, and pleadings work in the case.
Are there exceptions to using the Code of Civil Procedure?
Yes, wherever Rules 570 through 579 or another Supreme Court rule specifically says otherwise.
Does this affect my right to a jury trial in an ordinance case?
Yes, the jury-demand procedure follows the Code of Civil Procedure's provisions on jury demands.
Does this rule apply to traffic tickets?
No, it's limited to ordinance prosecutions under Rules 570 through 579.
Committee Comments and Commentary
(December 7, 2011)
This rule builds on the holdings of both City of Danville vs. Hartshorn, 53 Ill. 2d 399 (1973) and Village of Park Forest v. Walker, 64 Ill. 2d 286 (1976), in which the Supreme Court held that the Civil Practice Act applied to ordinance violations where the penalty is a fine only. Persons charged with violating municipal ordinances have a right to trial by jury if a written jury demand along with the jury fee is filed and paid at the time of first appearance under provisions of section 2-1105 of the Code of Civil Procedure. But under Supreme Court Rule 201(h), discovery in ordinance prosecution cases where the penalty is a fine only, is allowed only by leave of court. Before and after the Hartshorn decision, courts have struggled to decide what portions of the Code of Civil Procedure apply to ordinance violation prosecutions. It is the intent of Rule 571 to clarify that the Code of Civil Procedure applies to all ordinance violation proceedings under Rules 570 through 579, except as otherwise provided by Supreme Court Rules such as Rule 201(h).
Amendment History
Adopted December 7, 2011, effective immediately.
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: is an ordinance violation civil or criminalCode of Civil Procedure ordinance casejury demand ordinance violationmunicipal court procedure Illinois