Money & Debt

The following question was originally submitted to John Roska, a lawyer Someone who represents clients in courts or who gives legal advice and writer for the weekly column "The Law Q&A" in the Champaign News Gazette. The article has been updated to include changes in the law and additional information.

Question 

Can I have a jury trial A trial decided by a judge and a jury in Small Claims court? How many people on the jury?

Answer

Yes, you can have a jury trial in Small Claims court (under $10,000). The size of the jury is a bit uncertain right now, thanks to a recent court case, but a 12-person jury should be possible.

The right to a jury trial is guaranteed for almost every kind of court case. The one exception is for family-law cases, like divorce or custody cases. Trials in those cases are all “bench Where the judge sits. Usually a table and a chair. Not an actual bench. trials,” decided by a judge, and not a jury.

The original U.S. Constitution—before any amendments—just guaranteed a jury trial in criminal cases. It took the Bill of Rights to establish a right to a jury trial in civil cases. Specifically, the Seventh Amendment says: “In suits at common law, where the value in controversy shall exceed $20, the right of trial When the issues of a case are heard in court and decided by a judge or jury by jury shall be preserved.”

The Illinois Constitution says that the right to a trial by jury “shall remain inviolate.”

To get a jury trial, you must request it ASAP. If you’re the Plaintiff A person or party that starts a lawsuit , filing the suit, the Complaint A written statement to start a lawsuit that says what the defendant did you file must request one. If you’re the Defendant The person or organization being sued in a lawsuit , getting sued, you must ask for a jury trial in your written answer A written statement used to respond to the complaint or petition in a lawsuit , or at your first appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. in court.

That’s the only chance you get. If you don’t ask then, you can’t ask later and get a bench trial A trial decided by a judge without a jury . Until 2015, you could choose either a 6- or 12-person jury in civil cases. Then, the law changed to say you could only have a 6-person jury.

Just last month, the Illinois Supreme Court said that this change could not be squared with the state Constitution’s guarantee that the right to a trial by jury “shall remain inviolate.” The elimination of 12-person juries in civil cases were therefore unconstitutional.

The law hasn’t been rewritten to fix things. But if it’s unconstitutional to deny To refuse or say no you a 12-person jury, you should have a right to a 12-person jury. Getting a 6-person jury if you wanted one may be trickier since the law that permitted that was erased in 2015.

All jury decisions in Illinois must be unanimous. In federal court, it’s the same. But, about 30 states permit non-unanimous jury verdicts in civil cases.

If you want a jury trial, you should understand they’re hard work. Selecting and instructing juries are two extra layers of work you don’t have to mess with in bench trials.

Selecting a jury requires knowing how to get on the jury the jurors you want, and how to keep off the jurors you don’t want. Using peremptory and cause challenges to do that isn’t easy.

Jury instructions can be even harder. They lay down the basic legal principles that the jury uses to make their decision. Not only must you draft your own set of instructions, but you must also convince the judge to send your version to the jury.

If you’re not prepared for that extra work, think seriously about a bench trial instead of a jury trial.