Illinois General Assembly - Full Text of SB1748
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Full Text of SB1748  103rd General Assembly

SB1748 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1748

 

Introduced 2/9/2023, by Sen. Michael W. Halpin

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1003  from Ch. 110, par. 2-1003
735 ILCS 5/2-1007.1  from Ch. 110, par. 2-1007.1

    Amends the Code of Civil Procedure. Provides that a plaintiff has the right to designate an additional person to be present and video record an examination conducted as part of discovery. Provides that, in the case of a wrongful death action, a surviving spouse or next of kin who has reached the age of 67 years (rather than 70 years) shall, upon motion by the administrator of the estate of the deceased person or special administrator, be entitled to preference in setting for trial. Provides that the trial shall occur within one year of the hearing on the motion. Provides that the changes apply to actions commenced or pending on or after the effective date of this amendatory Act. Effective immediately.


LRB103 24900 LNS 51234 b

 

 

A BILL FOR

 

SB1748LRB103 24900 LNS 51234 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 Sections 2-1003 and 2-1007.1 as follows:
 
6    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)
7    Sec. 2-1003. Discovery and depositions.
8    (a) Discovery, such as admissions of fact and of
9genuineness of documents, physical and mental examinations of
10parties and other persons, the taking of any depositions, and
11interrogatories, shall be in accordance with rules.
12    (b) (Blank).
13    (c) (Blank).
14    (d) Whenever the defendant in any litigation in this State
15has the right to demand a physical or mental examination of the
16plaintiff pursuant to statute or Supreme Court Rule, relative
17to the occurrence and extent of injuries or damages for which
18claim is made, or in connection with the plaintiff's capacity
19to exercise any right plaintiff has, or would have but for a
20finding based upon such examination, the plaintiff has the
21right to have his or her attorney, or such other person as the
22plaintiff may wish, present at such physical or mental
23examination. The plaintiff also has the right to designate an

 

 

SB1748- 2 -LRB103 24900 LNS 51234 b

1additional person to be present and video record the
2examination. The changes to this Section by this amendatory
3Act of the 103rd General Assembly apply to actions commenced
4or pending on or after the effective date of this amendatory
5Act of the 103rd General Assembly.
6    (e) No person or organization shall be required to furnish
7claims, loss or risk management information held or provided
8by an insurer, which information is described in Section
9143.10a of the "Illinois Insurance Code".
10(Source: P.A. 99-110, eff. 1-1-16.)
 
11    (735 ILCS 5/2-1007.1)  (from Ch. 110, par. 2-1007.1)
12    Sec. 2-1007.1. Preference in setting for trial. (a) A
13party who is an individual or, in the case of a wrongful death
14action, the surviving spouse or next of kin and has reached the
15age of 67 70 years shall, upon motion by that party or the
16administrator of the estate of the deceased person or special
17administrator, be entitled to preference in setting for trial,
18which shall occur within one year of the hearing on the motion,
19unless the court finds that the party does not have a
20substantial interest in the case as a whole.
21    (b) The court shall may, in its discretion, grant a motion
22for preference in setting for trial where a party or, in the
23case of a wrongful death action, the surviving spouse or next
24of kin shows substantial physical or financial hardship or
25alternatively shows good cause that the interests of justice

 

 

SB1748- 3 -LRB103 24900 LNS 51234 b

1will be served by granting a preference in setting for trial
2within one year of the hearing on the motion.
3    (c) The changes to this Section by this amendatory Act of
4the 103rd General Assembly apply to actions commenced or
5pending on or after the effective date of this amendatory Act
6of the 103rd General Assembly.
7(Source: P.A. 86-854.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.