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(735 ILCS 5/2-1107) (from Ch. 110, par. 2-1107)
Sec. 2-1107.
Instructing the jury - Taking instructions and papers to the
jury room.
(a) The court shall give instructions to the jury only in writing,
unless the parties agree otherwise, and only as to the law of the case.
An original and one copy of each instruction asked by any party shall be
tendered to the court. The copies shall be numbered and shall indicate
who tendered them. Copies of instructions given on the court's own
motion or modified by the court shall be so identified. When
instructions are asked which the court refuses to give, the
court shall on the
margin of the original and copy write the word "refused" and shall
write the word "given" on the margin of the original and copy of those
given. The court shall in no case, after instructions are given, clarify,
modify or in any manner explain them to the jury, otherwise than in
writing, unless the parties agree otherwise.
(b) The original written instructions given by the court to the jury
shall be taken by the jury to the jury room, and shall be returned by
the jury with its verdict into court. The originals
and copies of all
instructions, whether given, modified or refused, shall be filed as a
part of the proceedings in the cause.
(c) At the close of the evidence or at any earlier time during the
trial that the court reasonably directs, any party may tender
instructions and shall at the same time deliver copies thereof to
counsel for other parties. If the number or length of the instructions
tendered is unreasonable, the court after examining the instructions may
require counsel to reduce the number or length thereof. The court shall
hold a conference with counsel to settle the instructions and shall
inform counsel of the court's proposed action thereon prior to the arguments to
the jury. If as a result of the arguments to the jury the court
determines that additional instructions are desirable, the court may after a
further conference with counsel approve additional instructions. The
court shall instruct the jury after the arguments are completed.
Conferences on instructions must be out of the presence of the jury.
(d) Papers read or received in evidence, other than depositions, may
be taken by the jury to the jury room for use during the jury's deliberation.
(Source: P.A. 83-707.)
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