When must an Illinois defendant demand a jury?

Identify the defendant and preserve its actual answer filing record.

Check whether a jury demand was filed no later than that answer.

Review any later order recognizing jury entitlement or notice that a prior demanding party waived a jury.

1. Identify the defendant and preserve its actual answer filing record.
2. Check whether a jury demand was filed no later than that answer.
3. Review any later order recognizing jury entitlement or notice that a prior demanding party waived a jury.
4. Section 2-1105(a) uses filing of the answer. An answer filed before the last allowed response day does not leave the balance of that period for the ordinary demand. Establish the actual answer event rather than substituting its allowed deadline.
5. File the demand with the clerk by the applicable event and address any required fee. Preserve the answer, demand and any order or notice supporting a distinct statutory branch.

This procedure does not supply one computed date. Establish each required event, selected date or filing sequence before applying any separately governing counting and closed-day provisions.

Fictitious comparison. A defendant answers before its allowed response date and has not filed a demand. The later allowed date does not replace actual answer filing for the ordinary jury-demand rule. A later equitable-entitlement order is a different statutory branch.

Actual answer filing and different statutory branches determine the jury-demand requirement. A fixed thirty-day service preset cannot identify them.

Ordinary omission waives a jury

Section 2-1105(a) states the waiver consequence when the ordinary demand is not made as required. Do not infer preservation from time still left on the summons response.

Equitable-relief conversion is separate

If an equitable action later receives a court determination of jury entitlement, subsection (a) supplies three days for the plaintiff or six days for the defendant from entry of that order.

Another party’s waiver has a separate route

Subsection (a) permits the identified other defendant to demand promptly after being advised that the previously demanding party waived a jury, with proper fees if required. Promptly is not a new fixed thirty-day period.

Use the operative statutory text

The official compilation prints versions with and without unconstitutional P.A. 98-1132. This guide uses the version without those changes and does not claim the invalid all-six-person-jury rule applies.

• This source guide does not compute a date or decide whether the required facts and filings are established.
• Preserve the applicable edition, actual documents and court orders. A different procedural branch requires its own review.

• Identify the defendant and preserve its actual answer filing record.
• Check whether a jury demand was filed no later than that answer.
• Review any later order recognizing jury entitlement or notice that a prior demanding party waived a jury.
• Section 2-1105(a) states the waiver consequence when the ordinary demand is not made as required. Do not infer preservation from time still left on the summons response.
• If an equitable action later receives a court determination of jury entitlement, subsection (a) supplies three days for the plaintiff or six days for the defendant from entry of that order.
• Subsection (a) permits the identified other defendant to demand promptly after being advised that the previously demanding party waived a jury, with proper fees if required. Promptly is not a new fixed thirty-day period.
• The official compilation prints versions with and without unconstitutional P.A. 98-1132. This guide uses the version without those changes and does not claim the invalid all-six-person-jury rule applies.
• File the demand with the clerk by the applicable event and address any required fee. Preserve the answer, demand and any order or notice supporting a distinct statutory branch. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.