99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0095

 

Introduced , by Rep. André M. Thapedi

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1003  from Ch. 110, par. 2-1003

    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.


LRB099 03490 HEP 23498 b

 

 

A BILL FOR

 

HB0095LRB099 03490 HEP 23498 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1003 as follows:
 
6    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 2-1003. Discovery and depositions. (a) Discovery,
10such as admissions of fact and of genuineness of documents,
11physical and mental examinations of parties and other persons,
12the taking of any depositions, and answers to interrogatories,
13shall be in accordance with rules.
14    (b) The taking of depositions, whether for use in evidence
15or for purposes of discovery in proceedings in this State or
16elsewhere, and fees and charges in connection therewith, shall
17be in accordance with rules.
18    (c) A party shall not be required to furnish the names or
19addresses of his or her witnesses, except that upon motion of
20any party disclosure of the identity of expert witnesses shall
21be made to all parties and the court in sufficient time in
22advance of trial so as to insure a fair and equitable
23preparation of the case by all parties.

 

 

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1    (d) Whenever the defendant in any litigation in this State
2has the right to demand a physical or mental examination of the
3plaintiff pursuant to statute or Supreme Court Rule, relative
4to the occurrence and extent of injuries or damages for which
5claim is made, or in connection with the plaintiff's capacity
6to exercise any right plaintiff has, or would have but for a
7finding based upon such examination, the plaintiff has the
8right to have his or her attorney, or such other person as the
9plaintiff may wish, present at such physical or mental
10examination.
11    (e) No person or organization shall be required to furnish
12claims, loss or risk management information held or provided by
13an insurer, which information is described in Section 143.10a
14of the "Illinois Insurance Code".
15(Source: P.A. 84-1431.)