The United States Constitution guarantees the right to a trial by jury in criminal prosecutions. In civil lawsuits (disputes over money, property, and other non-criminal matters), state constitutions provide for the right to trial by jury—but this right may be limited to certain types of claims. And in order to be entitled to a trial by jury in a civil matter, a party generally must file a written request for a jury trial and pay a jury fee a reasonable time before trial.
In Illinois, the right to a trial by jury in criminal cases is protected under the Sixth Amendment of the U.S. Constitution, ensuring that anyone accused of a crime has the right to a trial by an impartial jury. In civil cases, the right to a jury trial is also recognized, but it is not absolute and may be subject to certain limitations. The Illinois Constitution provides for the right to a jury trial in civil lawsuits, but this right typically applies to specific types of claims, such as personal injury or property damage cases. To exercise the right to a jury trial in a civil matter, a party must usually make a formal request by filing a written demand for a jury trial with the court. Additionally, a jury fee must be paid within a prescribed time frame, which is generally a reasonable time before the trial is set to begin. Failure to make a timely request or to pay the required fee may result in the waiver of the right to a jury trial.