Bill Text: IL HB2233 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. Provides that within the discretion of the court, the jury may be asked (rather than required by the court, and must be required on the request of any party) to find specially upon any material question or questions of fact submitted to the jury in writing. Provides that any party may request special interrogatories. Provides that submitting or refusing to submit a question of fact to the jury may be reviewed on appeal to determine whether the trial court abused its discretion (rather than as a ruling on a question of law). Provides that when any special finding of fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdicts, and if, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial (rather than the former controls the latter and the court may enter judgment accordingly). Provides that during closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special findings. Provides that the Act applies only to trials commencing on or after January 1, 2020. Effective immediately.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2019-08-02 - Public Act . . . . . . . . . 101-0184 [HB2233 Detail]
Download: Illinois-2019-HB2233-Enrolled.html
Bill Title: Amends the Code of Civil Procedure. Provides that within the discretion of the court, the jury may be asked (rather than required by the court, and must be required on the request of any party) to find specially upon any material question or questions of fact submitted to the jury in writing. Provides that any party may request special interrogatories. Provides that submitting or refusing to submit a question of fact to the jury may be reviewed on appeal to determine whether the trial court abused its discretion (rather than as a ruling on a question of law). Provides that when any special finding of fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdicts, and if, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial (rather than the former controls the latter and the court may enter judgment accordingly). Provides that during closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special findings. Provides that the Act applies only to trials commencing on or after January 1, 2020. Effective immediately.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2019-08-02 - Public Act . . . . . . . . . 101-0184 [HB2233 Detail]
Download: Illinois-2019-HB2233-Enrolled.html
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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 2-1108 as follows:
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| 6 | (735 ILCS 5/2-1108) (from Ch. 110, par. 2-1108)
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| 7 | Sec. 2-1108. Verdict - Special interrogatories. Unless the | ||||||
| 8 | nature of the case requires otherwise, the jury shall
render a | ||||||
| 9 | general verdict. Within the discretion of the court, the The | ||||||
| 10 | jury may be asked required by the court, and
must be required | ||||||
| 11 | on request of any party, to find specially upon any
material | ||||||
| 12 | question or questions of fact submitted to the jury in writing. | ||||||
| 13 | Any party may request special interrogatories.
Special | ||||||
| 14 | interrogatories shall be tendered, objected to, ruled upon and
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| 15 | submitted to the jury as in the case of instructions. | ||||||
| 16 | Submitting or
refusing to submit a question of fact to the jury | ||||||
| 17 | may be reviewed on
appeal to determine whether the trial court | ||||||
| 18 | abused its discretion. , as a ruling on a question of law. When | ||||||
| 19 | any the special finding of
fact is inconsistent with the | ||||||
| 20 | general verdict, the court shall direct the jury to further | ||||||
| 21 | consider its answers and verdict. If, in the discretion of the | ||||||
| 22 | trial court, the jury is unable to render a general verdict | ||||||
| 23 | consistent with any special finding, the trial court shall | ||||||
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| 1 | order a new trial. During closing arguments, the parties shall | ||||||
| 2 | be allowed to explain to the jury what may result if the | ||||||
| 3 | general verdict is inconsistent with any special finding former | ||||||
| 4 | controls the
latter and the court may enter judgment | ||||||
| 5 | accordingly.
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| 6 | This amendatory Act of the 101st General Assembly applies | ||||||
| 7 | only to trials commencing on or after January 1, 2020. | ||||||
| 8 | (Source: P.A. 83-707.)
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.
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