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The County of DuPage
Wheaton, Illinois
 

Jury Demand

735 ILCS 5/2-1105

(a) A plaintiff desirous of a trial by jury must file a demand therefore with the clerk at the time the action is commenced. A defendant desirous of a trial by jury must file a demand therefore not later than the filing of his or her answer. Otherwise, the party waives a jury. If an action is filed seeking equitable relief and the court thereafter determines that one or more of the parties is or are entitled to a trial by jury, the plaintiff, within 3 days from the entry of such order by the court, or the defendant, within 6 days from the entry of such order by the court, may file his or her demand for trial by jury with the clerk of the court. If the plaintiff files a jury demand and thereafter waives a jury, any defendant and, in the case of multiple defendants, if the defendant who filed a jury demand thereafter waives a jury, any other defendant shall be granted a jury trial upon demand therefore made promptly after being advised of the waiver and upon payment of the proper fees, if any, to the clerk.

(b) All jury cases shall be tried by a jury of 6. If alternate jurors are requested, an additional fee established by the county shall be charged for each alternate juror requested. For all cases filed prior to the effective date of this amendatory Act of the 98th General Assembly, if a party has paid for a jury of 12, that party may demand a jury of 12 upon proof of payment. .

705 ILCS 105/27.2 (S) Provides for a fee of $212.50 for a jury demand in a civil cause of action.

705 ILCS 105/27.2 (w)(3) In quasi-criminal cases, the fee for a jury demand is $112.50, payable in advance. If fee is not paid by the defendant, no jury shall be called.

SUPREME COURT RULE 285: 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 or she 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 the party demands a jury of 12, in which case he or she shall pay a fee of $25.00, or, if another party has previously paid a fee for a jury of 6, $12.50.