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 9 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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