Court & Hearings

A [no-lexicon]trial[/no-lexicon] is the phase of a court case when the issues of your case are heard in court and decided by a judge or jury. There are two types of trials, bench trials and jury trials. Not all court cases go to trial. Some cases may be dismissed early on. Other cases may settle before the trial ever happens. When parties settle they work together to come up with a result that benefits both sides. If your case goes to trial, a judge or a jury will decide the result.  

Jury trials

In a jury trial, a group of jurors evaluate the evidence presented by each side and decide which version of the facts they believe is true. In Illinois, jury decisions must be unanimous. This means that all jurors must agree with the result. All jury trials have a judge overseeing the trial. The judge decides what evidence is allowed, enforces the rules that the parties must follow, and instructs the jury on the law. Although rare, there are times when the judge may overrule a jury's decision.

Except in family law cases, the right to a jury trial is guaranteed for most types of court cases. In criminal cases, the right to a jury trial is guaranteed unless the defendant waives it. In civil cases, you must demand a jury trial if you want your case to be decided by a jury. You must make the request right away. If you are the plaintiff, you must make the request in your complaint. If you are the defendant, you must make your request when you first appear in court, and in your written appearance or answer. If you ask for a jury trial at first, but decide later that you would like a judge to hear your case, you can withdraw your request for a jury by telling the judge that you wish to withdraw it.

Most jury trials have 6 stages. If your case goes to a jury trial, things will usually happen in this order:  

1. Jury selection, also called  "Voir Dire,”
2. Opening statements,
3. Plaintiff presents their case (witnesses, documents), 
4. Defendant presents their case (witnesses, documents),
5. Closing arguments, and 
6. Jury instructions and deliberation.

Keep in mind that there are other phases to a court case. For example, before you even get to a trial, you and the other party will participate in discovery, file motions, and attempt to settle the case. 

If you waive or fail to demand a jury trial in a timely manner, your case will be decided by a judge without a jury. This is called a bench trial.

Bench trials

In a bench trial, there is no jury. Instead, a judge makes all the decisions in your case, including the final result. The judge will evaluate the evidence presented, decide what facts have been proven, and what relief the parties are entitled to. Bench trials are more common than jury trials because they tend to be shorter, not as costly, and less complicated than jury trials.

In bench trials you do not have to worry about the lengthy and complicated process of selecting and instructing a jury. Also, since there is no jury, there are no jury deliberations. After the initial phases of a court case such as discovery, motions, and settlement attempts, a bench trial usually happens in this order:

1. Opening statements,
2. Plaintiff presents their case, 
3. Defendant presents their case, and 
4. Closing arguments.

Factors to consider when deciding between a bench or jury trial

If you are not sure whether to ask for a jury or bench trial, here are a few things to think about: 

• Jury trials often include a lengthy hearing before trial begins, where both sides argue about what evidence can and can’t be shown to the jury during trial. Lawyers may file what are known as “Motions in Limine,” which ask the judge to exclude or limit certain types of evidence or testimony at trial.
• Jury trials often take longer than bench trials because there is a lengthy selection process to pick the jurors. This process is called "Voir Dire."
• Jury trials require written jury instructions about the legal principles that apply in your case. You will have to come up with your proposed instructions and convince the judge to send your version to the jury.
• Jury trials have added costs. If you are paying an attorney to represent you, it is likely that a jury trial will increase your legal fees as the attorney spends more time preparing and trying the case. There is also an added fee to demand a jury trial unless you qualify for a fee waiver.
• In a bench trial, all the decisions are made by one judge. A jury is made up of a larger number of individuals, which creates more, unpredictable possibilities for how a group decision may be reached, and whether they could agree with your version of the facts.
• Judges have legal training. If your case is very complicated, it may be difficult for jurors to fully understand it.

Learn more about trials

Trials, especially jury trials, are complicated. If you are representing yourself, you are encouraged to:

• Watch a trial. Most trials are open to the public. Visit the Illinois Courts website to Find Your Court.
• Get legal help. Use our Get Legal Help tool to find the best available legal service or resource in your area.
• Gather your evidence. Think about the facts you want to prove and the evidence that support those facts ahead of the trial. Bring your evidence, including any witnesses, to your trial date. It is usually not acceptable to submit evidence after the trial is done.
• Prepare for your trial. It may be helpful to prepare a notebook with what you want to cover during the various stages of your trial. For example, you can write out what you want to say for your opening statement and look at it while presenting it to the judge.
• Be on time. Give yourself extra time to get to the courthouse and go through security.