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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6305 Introduced , by Rep. André M. Thapedi SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1003 | from Ch. 110, par. 2-1003 |
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Amends the Code of Civil Procedure. Provides that, among other discovery, the physical and mental examinations of parties and other persons, the taking of depositions, and interrogatories (rather than "answers to interrogatories") shall be in accordance with court rules. Deletes language providing that: (1) the taking of depositions, whether for use in evidence or for
purposes of discovery in proceedings in this State or elsewhere, and
fees and charges in connection therewith, shall be in accordance with
rules; (2) a party shall not be required to furnish the names or addresses
of his or her witnesses, except that upon motion of any party disclosure of the
identity of expert witnesses shall be made to all parties and the court
in sufficient time in advance of trial so as to insure a fair and
equitable preparation of the case by all parties; (3) whenever the defendant in any litigation in this State has the right
to demand a physical or mental examination of the plaintiff pursuant to
statute or Supreme Court Rule, relative to the occurrence and extent of
injuries or damages for which claim is made, or in connection with the
plaintiff's capacity to exercise any right plaintiff has, or would have
but for a finding based upon such examination, the plaintiff has the
right to have his or her attorney, or such other person as the plaintiff
may wish, present at such physical or mental examination; and (4) no person or organization shall be required to furnish claims,
loss or risk management information held or provided by an insurer described in a specified Section of the Illinois Insurance Code.
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| | A BILL FOR |
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| | HB6305 | | LRB098 22685 HEP 61757 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-1003 as follows:
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| 6 | | (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
| 8 | | which has been held
unconstitutional)
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| 9 | | Sec. 2-1003. Discovery and depositions. (a) Discovery, |
| 10 | | such as admissions of
fact and of genuineness of documents, |
| 11 | | physical and mental examinations of parties and other persons, |
| 12 | | the taking of any depositions, and answers to interrogatories,
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| 13 | | shall be in accordance with rules.
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| 14 | | (b) The taking of depositions, whether for use in evidence |
| 15 | | or for
purposes of discovery in proceedings in this State or |
| 16 | | elsewhere, and
fees and charges in connection therewith, shall |
| 17 | | be in accordance with
rules.
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| 18 | | (c) A party shall not be required to furnish the names or |
| 19 | | addresses
of his or her witnesses, except that upon motion of |
| 20 | | any party disclosure of the
identity of expert witnesses shall |
| 21 | | be made to all parties and the court
in sufficient time in |
| 22 | | advance of trial so as to insure a fair and
equitable |
| 23 | | preparation of the case by all parties.
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