Rep. Ann M. Williams
Filed: 4/13/2023
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1 | AMENDMENT TO SENATE BILL 1748
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2 | AMENDMENT NO. ______. Amend Senate Bill 1748 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 Sections 2-1003 and 2-1007.1 as follows:
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6 | (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
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7 | Sec. 2-1003. Discovery and depositions. | ||||||
8 | (a) Discovery, such as admissions of
fact and of | ||||||
9 | genuineness of documents, physical and mental examinations of | ||||||
10 | parties and other persons, the taking of any depositions, and | ||||||
11 | interrogatories,
shall be in accordance with rules.
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12 | (b) (Blank).
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13 | (c) (Blank).
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14 | (d) Whenever the defendant in any litigation in this State | ||||||
15 | has the right
to demand a physical or mental examination of the | ||||||
16 | plaintiff pursuant to
statute or Supreme Court Rule, relative |
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1 | to the occurrence and extent of
injuries or damages for which | ||||||
2 | claim is made, or in connection with the
plaintiff's capacity | ||||||
3 | to exercise any right plaintiff has, or would have
but for a | ||||||
4 | finding based upon such examination, the plaintiff has the
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5 | right to have his or her attorney, or such other person as the | ||||||
6 | plaintiff
may wish, present at such physical or mental | ||||||
7 | examination. The plaintiff also has the right to designate an | ||||||
8 | additional person to be present and video record the | ||||||
9 | examination. The changes to this Section by this amendatory | ||||||
10 | Act of the 103rd General Assembly apply to actions commenced | ||||||
11 | or pending on or after the effective date of this amendatory | ||||||
12 | Act of the 103rd General Assembly.
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13 | (e) No person or organization shall be required to furnish | ||||||
14 | claims,
loss or risk management information held or provided | ||||||
15 | by an insurer, which
information is described in Section | ||||||
16 | 143.10a of the "Illinois Insurance Code".
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17 | (Source: P.A. 99-110, eff. 1-1-16 .)
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18 | (735 ILCS 5/2-1007.1) (from Ch. 110, par. 2-1007.1)
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19 | Sec. 2-1007.1. Preference in setting for trial. | ||||||
20 | (a) A party who is
an individual or, in the case of a | ||||||
21 | wrongful death action, is the surviving spouse or next of kin | ||||||
22 | and who has
reached the age of 67 70 years shall, upon motion | ||||||
23 | by that party or the administrator of the estate of the | ||||||
24 | deceased person or special administrator , be entitled
to | ||||||
25 | preference in setting for trial , which shall commence within |
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1 | one year of the hearing on the motion, unless the court finds | ||||||
2 | that the party
does not have a substantial interest in the case | ||||||
3 | as a whole. The trial setting shall apply only to the moving | ||||||
4 | party and to those defendants who have appeared and answered | ||||||
5 | the complaint at the time notice of the motion for preference | ||||||
6 | in setting for trial is served. If any new party is added to a | ||||||
7 | lawsuit after the setting of a trial under this Section, any | ||||||
8 | party may move the court to amend the trial setting to allow | ||||||
9 | for trial to commence up to one year after the date a new | ||||||
10 | defendant appeared and answered the complaint or up to one | ||||||
11 | year after the date a plaintiff was added to the lawsuit.
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12 | (b) The court shall may, in its discretion, grant a motion | ||||||
13 | for preference in
setting for trial where a party or, in the | ||||||
14 | case of a wrongful death action, the surviving spouse or next | ||||||
15 | of kin shows substantial physical or financial hardship or | ||||||
16 | alternatively shows good cause that the interests of
justice | ||||||
17 | will be served by granting a preference in setting for trial | ||||||
18 | within one year of the hearing on the motion . | ||||||
19 | (c) Any party may move for a trial continuance of up to 6 | ||||||
20 | months for good cause shown. Any subsequent motions for trial | ||||||
21 | continuance under this Section shall be granted only to the | ||||||
22 | extent necessary for trial to commence as soon as practicable. | ||||||
23 | (d) The changes to this Section by this amendatory Act of | ||||||
24 | the 103rd General Assembly apply to actions commenced or | ||||||
25 | pending on or after the effective date of this amendatory Act | ||||||
26 | of the 103rd General Assembly.
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1 | (Source: P.A. 86-854.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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