Rep. André Thapedi

Filed: 4/9/2019

 

 


 

 


 
10100HB2233ham001LRB101 07160 LNS 59552 a

1
AMENDMENT TO HOUSE BILL 2233

2    AMENDMENT NO. ______. Amend House Bill 2233 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1108 as follows:
 
6    (735 ILCS 5/2-1108)  (from Ch. 110, par. 2-1108)
7    Sec. 2-1108. Verdict - Special interrogatories. Unless the
8nature of the case requires otherwise, the jury shall render a
9general verdict. Within the discretion of the court, the The
10jury may be asked required by the court, and must be required
11on request of any party, to find specially upon any material
12question or questions of fact submitted to the jury in writing.
13Any party may request special interrogatories. Special
14interrogatories shall be tendered, objected to, ruled upon and
15submitted to the jury as in the case of instructions.
16Submitting or refusing to submit a question of fact to the jury

 

 

10100HB2233ham001- 2 -LRB101 07160 LNS 59552 a

1may be reviewed on appeal to determine whether the trial court
2abused its discretion. , as a ruling on a question of law. When
3any the special finding of fact is inconsistent with the
4general verdict, the court shall direct the jury to further
5consider its answers and verdict. If, in the discretion of the
6trial court, the jury is unable to render a general verdict
7consistent with any special finding, the trial court shall
8order a new trial. During closing arguments, the parties shall
9be allowed to explain to the jury what may result if the
10general verdict is inconsistent with any special finding former
11controls the latter and the court may enter judgment
12accordingly.
13    This amendatory Act of the 101st General Assembly applies
14only to trials commencing on or after January 1, 2020.
15(Source: P.A. 83-707.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".