If I filed a small claims suit against an individual and their attorney is requesting a jury trial, will this case still be seen in a small claims court?
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If I filed a small claims suit against an individual and their attorney is requesting a jury trial, will this case still be seen in a small claims court?
Or will it be moved to a different venue?
Asked on June 14, 2012 under Bankruptcy Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it will stay in small claims as long as it was properly filed there to begin with. In Illinois, either party - plaintiff or defendant - may demand a jury trial. The plaintiff must make the demand when filing suit; the defendant must make the demand within five days of being served or notice of suit, or at mediation/pretrial conference. Good luck.
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