Illinois General Assembly - Full Text of SB2948
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Full Text of SB2948  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/31/2024, by Sen. Jil Tracy


735 ILCS 5/Art. VIII Pt. 30 heading new
735 ILCS 5/8-3001 new
735 ILCS 5/8-3002 new
735 ILCS 5/8-3003 new
735 ILCS 5/8-3004 new
735 ILCS 5/8-3005 new
735 ILCS 5/8-3006 new
735 ILCS 5/8-3007 new
735 ILCS 5/8-3008 new
735 ILCS 5/8-3009 new
735 ILCS 5/8-3010 new

    Amends the Code of Civil Procedure. Provides limitations upon a nonexpert's opinion or inference testimony. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pretrial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; and severability. Provides that the new provisions apply to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act. Effective immediately.

LRB103 38316 JRC 68451 b





SB2948LRB103 38316 JRC 68451 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
5adding Part 30 to Article VIII as follows:
6    (735 ILCS 5/Art. VIII Pt. 30 heading new)
Part 30. Expert Testimony

8    (735 ILCS 5/8-3001 new)
9    Sec. 8-3001. Opinion testimony by lay witnesses. If the
10witness is not testifying as an expert, the testimony of the
11witness in the form of opinions or inferences is limited to
12those opinions or inferences that are:
13        (1) rationally based on the perception of the witness;
14        (2) helpful to a clear understanding of the testimony
15    of the witness or the determination of a fact in issue; and
16        (3) not based on scientific, technical, or other
17    specialized knowledge within the scope of Section 8-3003.
18    (735 ILCS 5/8-3002 new)
19    Sec. 8-3002. Testimony by experts. If scientific,
20technical, or other specialized knowledge will assist the
21trier of fact to understand the evidence or to determine a fact



SB2948- 2 -LRB103 38316 JRC 68451 b

1in issue, a witness qualified as an expert by knowledge,
2skill, experience, training, or education may testify in the
3form of an opinion or otherwise, if:
4        (1) the testimony is based upon sufficient facts or
5    data;
6        (2) the testimony is the product of reliable
7    principles and methods; and
8        (3) the witness has applied the principles and methods
9    reliably to the facts of the case.
10    (735 ILCS 5/8-3003 new)
11    Sec. 8-3003. Bases of expert opinion testimony. The facts
12or data in the particular case upon which an expert bases an
13opinion or inference may be those perceived by or made known to
14the expert at or before the hearing. If facts or data are of a
15type reasonably relied upon by experts in the particular field
16in forming opinions or inferences upon the subject, the facts
17or data need not be admissible in evidence in order for the
18opinion or inference to be admitted. Facts or data that are
19otherwise inadmissible shall not be disclosed to the jury by
20the proponent of the opinion or inference, unless the court
21determines that the probative value in assisting the jury to
22evaluate the expert's opinion substantially outweighs the
23prejudicial effect.
24    (735 ILCS 5/8-3004 new)



SB2948- 3 -LRB103 38316 JRC 68451 b

1    Sec. 8-3004. Bars to expert testimony.
2    (a) A witness qualified as an expert by knowledge, skill,
3experience, training, or education may offer expert testimony
4only with respect to a particular field in which the expert is
6    (b) An expert witness may receive a reasonable and
7customary fee for the rendering of professional services;
8however, the testimony of an expert witness shall not be
9admitted if any compensation is contingent on the outcome of a
10claim or case with respect to which the testimony is being
12    (735 ILCS 5/8-3005 new)
13    Sec. 8-3005. Mandatory pretrial hearing. If the witness is
14testifying as an expert, then upon motion of a party, the court
15shall hold a pretrial hearing to determine whether the witness
16qualifies as an expert and whether the expert's testimony
17satisfies the requirements of Sections 8-3002, 8-3003, and
188-3004. The court shall allow sufficient time for a hearing
19and shall rule on the qualifications of the witness to testify
20as an expert and whether the testimony satisfies the
21requirements of Sections 8-3002, 8-3003, and 8-3004. The
22hearing and ruling shall be completed no later than the final
23pretrial hearing. The trial court's ruling shall set forth the
24findings of fact and conclusions of law upon which the order to
25admit or exclude expert evidence is based.



SB2948- 4 -LRB103 38316 JRC 68451 b

1    (735 ILCS 5/8-3006 new)
2    Sec. 8-3006. Mandatory pretrial disclosure of expert
4    (a) Regardless of whether any party elects to request a
5pretrial hearing under Section 8-3005, each party shall
6disclose to the other parties the identity of any person who
7may be used at trial to present expert evidence.
8    (b) Except as otherwise stipulated or directed by the
9court, disclosure under this Section shall, with respect to a
10witness who is retained or specially employed to provide
11expert testimony in the case or whose duties as an employee of
12the party regularly involve giving expert testimony, be
13accompanied by a written report prepared and signed by the
14witness. The report shall contain a complete statement of:
15        (1) all opinions to be expressed and the basis and
16    reasons for each;
17        (2) the data or other information considered by the
18    witness in forming the opinions;
19        (3) any exhibits to be used as a summary of or support
20    for the opinions;
21        (4) the qualifications of the witness, including a
22    list of all publications authored by the witness within
23    the preceding 10 years;
24        (5) the compensation to be paid for the study and
25    testimony; and



SB2948- 5 -LRB103 38316 JRC 68451 b

1        (6) a listing of any other cases in which the witness
2    has testified as an expert at trial or by deposition
3    within the preceding 4 years.
4    (c) Disclosures under this Section shall be made at the
5times and in the sequence directed by the court. In the absence
6of other directions from the court or stipulation by the
7parties, the disclosures shall be made at least 90 days before
8the trial date or the date the case is to be ready for trial
9or, if the evidence is intended solely to contradict or rebut
10evidence on the same subject matter identified by another
11party under subsection (b), within 30 days after the
12disclosure made by the other party.
13    (d) A party may depose any person who has been identified
14as an expert whose opinions may be presented at trial. If a
15report from the expert is required under paragraph (b), the
16deposition shall not be conducted until after the report is
18    (735 ILCS 5/8-3007 new)
19    Sec. 8-3007. Interpretation. In interpreting and applying
20this Part, the courts of this State shall follow the opinions
21of the United States Supreme Court in Daubert v. Merrell Dow
22Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric
23Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co. Ltd. v.
24Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley, 528 U.S.
25440 (2000), and their progeny; moreover, the courts of this



SB2948- 6 -LRB103 38316 JRC 68451 b

1State may draw from other precedents applying the standards
2announced by the United States Supreme Court in the foregoing
3cases and binding in the federal courts of this State.
4    (735 ILCS 5/8-3008 new)
5    Sec. 8-3008. Interlocutory appeal. Interlocutory appeal of
6a ruling on the admissibility of expert evidence shall be
7available at the discretion of the appellate court. In
8deciding whether to grant the interlocutory appeal, the court
9shall consider whether: (i) the ruling involved any challenge
10to the constitutionality of this Part; (ii) the ruling will
11help prove or disprove criminal liability; or (iii) the ruling
12will help establish civil liability at or above $75,000, where
13the testimony could be outcome-determinative for establishing
14liability or determining damages. Neither a party's failure to
15seek interlocutory appeal nor an appellate court's decision to
16deny a motion for interlocutory appeal shall waive a party's
17right to appeal a ruling on the admissibility of expert
18evidence after an entry of judgment in the case.
19    (735 ILCS 5/8-3009 new)
20    Sec. 8-3009. Standard of review.
21    (a) The proper construction of the expert evidence
22admissibility framework under this Part is a question of law;
23therefore, the reviewing court shall apply a de novo standard
24of review in determining whether the trial court fully applied



SB2948- 7 -LRB103 38316 JRC 68451 b

1the proper legal standard in considering the admissibility of
2expert evidence.
3    (b) The application of this Part to determine the
4admissibility of expert testimony is a question of fact;
5therefore, the reviewing court shall apply an abuse of
6discretion standard in determining whether the trial court
7properly admitted or excluded particular expert evidence.
8    (735 ILCS 5/8-3010 new)
9    Sec. 8-3010. Application. This Part applies to all actions
10commenced on or after the effective date of this amendatory
11Act of the 103rd General Assembly and to all pending actions in
12which trial has not been scheduled or in which trial has been
13scheduled in excess of 90 days after the effective date of this
14amendatory Act of the 103rd General Assembly.
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.