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92_HB2226 LRB9206438WHcs 1 AN ACT in relation to discovery depositions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 adding Part 28 to Article 8 as follows: 6 (735 ILCS 5/Art 8, Part 28 heading new) 7 PART 28. DISCOVERY DEPOSITIONS 8 (735 ILCS 5/8-2801 new) 9 Sec. 8-2801. Discovery depositions. Testimony given in 10 a discovery deposition in a civil case is not excludable at 11 the trial of that case as hearsay, and, if otherwise relevant 12 and admissible, may be used at the trial of that case in 13 situations in which: 14 (1) the witness is unable to be present or to 15 testify at the trial because of death or because of 16 physical or mental illness or infirmity at the time of 17 trial; or 18 (2) the party offering the deposition has been 19 unable to procure the witness' attendance by process 20 unless the absence of the witness is due to the 21 procurement or wrongdoing of the party offering the 22 deposition. 23 Nothing in this Section shall be construed as affecting 24 the use of evidence depositions as provided in Supreme Court 25 Rule 212(b).
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