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Public Act 103-0388
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| SB1748 Enrolled | LRB103 24900 LNS 51234 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Sections 2-1003 and 2-1007.1 as follows:
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(735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
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Sec. 2-1003. Discovery and depositions. |
(a) Discovery, such as admissions of
fact and of |
genuineness of documents, physical and mental examinations of |
parties and other persons, the taking of any depositions, and |
interrogatories,
shall be in accordance with rules.
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(b) (Blank).
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(c) (Blank).
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(d) 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
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right to have his or her attorney, or such other person as the |
plaintiff
may wish, present at such physical or mental |
examination. The plaintiff also has the right to designate an |
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additional person to be present and video record the |
examination. The changes to this Section by this amendatory |
Act of the 103rd General Assembly apply to actions commenced |
or pending on or after the effective date of this amendatory |
Act of the 103rd General Assembly.
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(e) No person or organization shall be required to furnish |
claims,
loss or risk management information held or provided |
by an insurer, which
information is described in Section |
143.10a of the "Illinois Insurance Code".
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(Source: P.A. 99-110, eff. 1-1-16.)
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(735 ILCS 5/2-1007.1) (from Ch. 110, par. 2-1007.1)
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Sec. 2-1007.1. Preference in setting for trial. |
(a) A party who is
an individual or, in the case of a |
wrongful death action, is the surviving spouse or next of kin |
and who has
reached the age of 67 70 years shall, upon motion |
by that party or the administrator of the estate of the |
deceased person or special administrator, be entitled
to |
preference in setting for trial, which shall commence within |
one year of the hearing on the motion, unless the court finds |
that the party
does not have a substantial interest in the case |
as a whole. The trial setting shall apply only to the moving |
party and to those defendants who have appeared and answered |
the complaint at the time notice of the motion for preference |
in setting for trial is served. If any new party is added to a |
lawsuit after the setting of a trial under this Section, any |
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party may move the court to amend the trial setting to allow |
for trial to commence up to one year after the date a new |
defendant appeared and answered the complaint or up to one |
year after the date a plaintiff was added to the lawsuit.
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(b) The court shall may, in its discretion, grant a motion |
for preference in
setting for trial where a party or, in the |
case of a wrongful death action, the surviving spouse or next |
of kin shows substantial physical or financial hardship or |
alternatively shows good cause that the interests of
justice |
will be served by granting a preference in setting for trial |
within one year of the hearing on the motion. |
(c) Any party may move for a trial continuance of up to 6 |
months for good cause shown. Any subsequent motions for trial |
continuance under this Section shall be granted only to the |
extent necessary for trial to commence as soon as practicable. |
(d) The changes to this Section by this amendatory Act of |
the 103rd General Assembly apply to actions commenced or |
pending on or after the effective date of this amendatory Act |
of the 103rd General Assembly.
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(Source: P.A. 86-854.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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