Q: Can a judge refuse a jury trial to a pro se defendant in a civil case in Illinois?
We live in Illinois. We purchased a property with 2 people in residence. They allege a lease exists through April but have not produced one. The former owners allege it was a month to month lease.
Long story short, we have first appearance for a eviction and they have already said they plan to request jury trial to slow the proceedings. They put that in writing, and sent it certified. My family attorney suggested the judge will deny it because a jury trial without qualified representation would cost the county too much. However she is usually a criminal attorney. The real estate attorney I spoke to has never dealt with a pro se jury trial. So I'm just curious if it's even possible for the judge to deny a jury, even when the defendants are incapable of providing proper jury instructions, etc (both defendants have neurological issues that prevent them from even a calm discussion).
I am just looking for any case or precedent that we could use to argue against a jury delay.
A: Section 9-108 of the Code of Civil Procedure allows either party to demand a trial by jury in an eviction.
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