In the state of Illinois, a jury demand is a formal request for a trial by jury in misdemeanor, traffic, or ordinance cases. In criminal matters, a jury demand is an important right afforded to defendants by the state. In misdemeanor cases, defendants can demand a jury trial, which is a trial based on the evidence presented in a case. The defendant must make their demand before the start of the trial. The jury must consist of 6 to 12 members and a unanimous verdict must be reached in order for the defendant to be found guilty. In traffic cases, a jury demand is a request for a trial by jury in a traffic law violation. This kind of trial is more informal than a criminal trial, and the jury size is smaller, consisting of 5 to 7 members. The verdict must be unanimous for the defendant to be found guilty. In ordinance cases, a jury demand is a request for a trial by jury in a case involving a violation of a local ordinance. This type of trial is also more informal than a criminal trial, and the jury size is also smaller, consisting of 5 to 7 members. The verdict must be unanimous for the defendant to be found guilty. In all cases, the jury demand must be made before the start of the trial. A jury demand is an important right that defendants have in Illinois and should not be taken lightly.
Illinois Jury Demands in Misdemeanor, Traffic and Ordinance Cases
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FAQ
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.
The right to a jury trial refers to the right provided by the Sixth and Seventh Amendments. The Sixth Amendment states that in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime.
Jury demand. (a) A plaintiff desirous of a trial by jury must file a demand therefor with the clerk at the time the action is commenced. A defendant desirous of a trial by jury must file a demand therefor not later than the filing of his or her answer. Otherwise, the party waives a jury.
The Seventh Amendment guarantees a jury trial in civil cases seeking monetary damages in federal court and limits the circumstances under which courts may overturn a jury's findings of fact.
The jury fee may be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.