HB0095 EngrossedLRB099 03490 HEP 23498 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 Section 2-1003 as follows:
 



6    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)




7    (Text of Section WITHOUT the changes made by P.A. 89-7, 
8which has been held
unconstitutional)

9    Sec. 2-1003. Discovery and depositions. 
10    (a) Discovery, such as admissions of
fact and of 
11genuineness of documents, physical and mental examinations of 
12parties and other persons, the taking of any depositions, and 
13answers to interrogatories,
shall be in accordance with rules.

14    (b) (Blank) The taking of depositions, whether for use in 
15evidence or for
purposes of discovery in proceedings in this 
16State or elsewhere, and
fees and charges in connection 
17therewith, shall be in accordance with
rules.

18    (c) (Blank) A party shall not be required to furnish the 
19names or addresses
of his or her witnesses, except that upon 
20motion of any party disclosure of the
identity of expert 
21witnesses shall be made to all parties and the court
in 
22sufficient time in advance of trial so as to insure a fair and

23equitable preparation of the case by all parties.

 
 
HB0095 Engrossed- 2 -LRB099 03490 HEP 23498 b

1    (d) Whenever the defendant in any litigation in this State 
2has the right
to demand a physical or mental examination of the 
3plaintiff pursuant to
statute or Supreme Court Rule, relative 
4to the occurrence and extent of
injuries or damages for which 
5claim is made, or in connection with the
plaintiff's capacity 
6to exercise any right plaintiff has, or would have
but for a 
7finding based upon such examination, the plaintiff has the

8right to have his or her attorney, or such other person as the 
9plaintiff
may wish, present at such physical or mental 
10examination.

11    (e) No person or organization shall be required to furnish 
12claims,
loss or risk management information held or provided by 
13an insurer, which
information is described in Section 143.10a 
14of the "Illinois Insurance Code".

15(Source: P.A. 84-1431.)