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Rep. André M. Thapedi
Filed: 2/27/2015
| | 09900HB0095ham001 | | LRB099 03490 HEP 31735 a |
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| 1 | | AMENDMENT TO HOUSE BILL 95
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| 2 | | AMENDMENT NO. ______. Amend House Bill 95 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-1003 as follows:
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| 6 | | (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
| 8 | | which has been held
unconstitutional)
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| 9 | | Sec. 2-1003. Discovery and depositions. |
| 10 | | (a) Discovery, such as admissions of
fact and of |
| 11 | | genuineness of documents, physical and mental examinations of |
| 12 | | parties and other persons, the taking of any depositions, and |
| 13 | | answers to interrogatories,
shall be in accordance with rules.
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| 14 | | (b) (Blank) The taking of depositions, whether for use in |
| 15 | | evidence or for
purposes of discovery in proceedings in this |
| 16 | | State or elsewhere, and
fees and charges in connection |
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| 1 | | therewith, shall be in accordance with
rules.
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| 2 | | (c) (Blank) A party shall not be required to furnish the |
| 3 | | names or addresses
of his or her witnesses, except that upon |
| 4 | | motion of any party disclosure of the
identity of expert |
| 5 | | witnesses shall be made to all parties and the court
in |
| 6 | | sufficient time in advance of trial so as to insure a fair and
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| 7 | | equitable preparation of the case by all parties.
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| 8 | | (d) Whenever the defendant in any litigation in this State |
| 9 | | has the right
to demand a physical or mental examination of the |
| 10 | | plaintiff pursuant to
statute or Supreme Court Rule, relative |
| 11 | | to the occurrence and extent of
injuries or damages for which |
| 12 | | claim is made, or in connection with the
plaintiff's capacity |
| 13 | | to exercise any right plaintiff has, or would have
but for a |
| 14 | | finding based upon such examination, the plaintiff has the
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| 15 | | right to have his or her attorney, or such other person as the |
| 16 | | plaintiff
may wish, present at such physical or mental |
| 17 | | examination.
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| 18 | | (e) No person or organization shall be required to furnish |
| 19 | | claims,
loss or risk management information held or provided by |
| 20 | | an insurer, which
information is described in Section 143.10a |
| 21 | | of the "Illinois Insurance Code".
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| 22 | | (Source: P.A. 84-1431.)".
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