Illinois General Assembly - Bill Status for HB0095

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.

Replaces everything after the enacting clause with the provisions of the introduced bill, and restores language providing that: (1) 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 (2) 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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