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| Public Act 104-0298 | ||||
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AN ACT concerning courts. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Jury Act is amended by changing Section 20 | ||||
as follows: | ||||
(705 ILCS 305/20) (from Ch. 78, par. 20) | ||||
Sec. 20. (a) It shall be the duty of the clerk of the court | ||||
at the commencement of each week at which any cause is to be | ||||
tried by a jury to write the name of each petit juror summoned | ||||
and retained for that week on a separate ticket, and put the | ||||
whole into a box or other place for safekeeping; and as often | ||||
as it shall be necessary to impanel a jury, the clerk, sheriff | ||||
or coroner shall, in the presence of the court, draw by chance | ||||
12 names (or from 14 up to and including 16 where alternate | ||||
jurors are required) out of such box or other place, which | ||||
shall designate the persons to be sworn on the jury, and in the | ||||
same manner for the second jury, in their turn, as the court | ||||
may order and direct. The attorney for any party litigant in | ||||
any cause assigned to jury trial shall have the right to be | ||||
present in person at the time and place when the random | ||||
selection of jurors for trial of said cause is drawn by lot to | ||||
be assigned to the trial judge for voir dire examination; a | ||||
party litigant whose attorney is present at the selection | ||||
process waives any objection to the selection procedure unless | ||
the same is asserted prior to the time any prospective juror is | ||
called for voir dire examination. | ||
(b) Notwithstanding the provisions of subsection (a), | ||
names of jurors may be randomly drawn by computer. | ||
(c) The changes made to this Section by this amendatory | ||
Act of the 104th General Assembly apply to actions commenced | ||
or pending on or after January 1, 2026. | ||
(Source: P.A. 86-1053.) | ||
Section 10. The Code of Civil Procedure is amended by | ||
changing Section 2-1106 as follows: | ||
(735 ILCS 5/2-1106) (from Ch. 110, par. 2-1106) | ||
Sec. 2-1106. Peremptory challenges - Alternate jurors. (a) | ||
Each side shall be entitled to 5 peremptory challenges. If | ||
there is more than one party on any side, the court may allow | ||
each side additional peremptory challenges, not to exceed 3, | ||
on account of each additional party on the side having the | ||
greatest number of parties. Each side shall be allowed an | ||
equal number of peremptory challenges. If the parties on a | ||
side are unable to agree upon the allocation of peremptory | ||
challenges among themselves, the allocation shall be | ||
determined by the court. | ||
(b) The court may direct that up to and including 4 1 or 2 | ||
jurors in addition to the regular panel be impanelled to serve | ||
as alternate jurors. Alternate jurors, in the sequence in | ||
which they are ordered into the jury box, shall replace jurors | ||
who, prior to the time the jury retires to consider its | ||
verdict, become unable to perform their duties. Alternate | ||
jurors shall be drawn in the same manner, have the same | ||
qualifications, be subject to the same examination and | ||
challenges, take the same oath, and have the same functions, | ||
powers, facilities, and privileges as the principal jurors. An | ||
alternate juror who does not replace a principal juror shall | ||
be discharged at the time the jury retires to consider its | ||
verdict. If alternate jurors are called each side shall be | ||
allowed one additional peremptory challenge, regardless of the | ||
number of alternate jurors called. The additional peremptory | ||
challenge may be used only against an alternate juror, but any | ||
unexercised peremptory challenges may be used against an | ||
alternate juror. | ||
(c) The changes made to this Section by this amendatory | ||
Act of the 104th General Assembly apply to actions commenced | ||
or pending on or after January 1, 2026. | ||
(Source: P.A. 83-707.) | ||