Ill. R. Cir. Ct. Dupage Cnty. 35.01

As amended through September 23, 2024

Rule 35.01 - APPLICABILITY

The provisions of Article 35 shall apply to all matters assigned to the Traffic Division, whether based upon an alleged violation of the Criminal Code, the Illinois Vehicle Code (625 ILCS 5/1-100et seq.), or on a municipal ordinance, unless and until the case is transferred to another division. The provisions of Article 35 shall, to the extent practicable, be so construed and applied to be consistent with the provisions of Article 30 and Article 36.

35.02 JURY DEMANDS

(a) Upon a jury demand being made in the Traffic Court Division, the judge shall transfer the case, using the pink Transfer and Reassignment Order, AD 194 - Code 4550 "Special Transfer from Traffic Division for Jury Trial," at 9:00 a.m. on a date not less than fourteen (14) days, but no more than thirty (30) days later, whenever practicable for the setting of a jury trial date, as follows:

(1) Glendale Heights Field Court and Courtroom 1001 to Courtroom 4005

(2) Courtroom 1003 to Courtroom 4001

(3) Courtroom 1002 to Courtroom 4003

(b) No pleas or bench trials will be heard in the Misdemeanor Division on these cases. Where there is a subsequent waiver of a jury demand, all pleas or bench trials on a jury demand case transferred from the Traffic Division must be returned and heard in the Traffic Division court before the judge from whom the case was transferred.

(c) A jury demand shall not operate as a demand for speedy trial, for purposes of Section 103-5 of the Code of Criminal Procedure (725 ILCS 5/103-5); any demand for a speedy trial must be made specifically, in accordance with Rule 30.06.

(d) Should a case in which a jury demand is made be of a type which requires the payment of a jury fee, said fee must be paid prior to or contemporaneously with said jury demand. Failure to pay said jury fee (unless same is waived by the proper presentation of a petition to proceed as an indigent) shall render ineffective the jury demand.

(e) Any case prosecuted entirely, or in part, by a municipal prosecutor shall be transferred, upon request, into the appropriate DUI Courtroom (4002, 4015, or 4017) on a day when that municipal prosecutor regularly appears.

Ill. R. Cir. Ct. Dupage Cnty. 35.01