Rep. Randy Ramey, Jr.
Filed: 4/8/2011
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1 | AMENDMENT TO HOUSE BILL 1032
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2 | AMENDMENT NO. ______. Amend House Bill 1032, AS AMENDED, by | ||||||
3 | replacing the title with the following: | ||||||
4 | "AN ACT concerning civil law."; and
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5 | by inserting immediately after Sec. 22 of Section 5-915 the | ||||||
6 | following: | ||||||
7 | "ARTICLE 10. PRODUCT LIABILITY | ||||||
8 | Section 10-1. Purpose.
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9 | (a) The General Assembly finds and declares that:
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10 | (1) "An Act to amend certain Acts in relation to civil
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11 | actions, which may be referred to as the Civil Justice | ||||||
12 | Reform
Amendments of 1995", Public Act 89-7, approved March | ||||||
13 | 9, 1995, added Part 21 to Article II of the Code of Civil | ||||||
14 | Procedure. Public Act 89-7 also contained other
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15 | provisions.
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1 | (2) In
Best v. Taylor Machine Works, 179 Ill. 2d 367 | ||||||
2 | (1997), the Illinois Supreme
Court held
that Public Act | ||||||
3 | 89-7 was void in its entirety.
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4 | (3) The provisions of Public Act 89-7 adding Part 21 to | ||||||
5 | Article II of the Code of Civil Procedure are of vital | ||||||
6 | concern to the people of this State, and legislative
action
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7 | concerning these provisions is necessary.
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8 | (b) It is the purpose of this Article to re-enact
the | ||||||
9 | provisions of
Public Act 89-7 adding Part 21 to Article II of | ||||||
10 | the Code of Civil Procedure.
This Article is intended to remove | ||||||
11 | any questions as to the validity or
content of
those | ||||||
12 | provisions.
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13 | (c) This Article is not intended to
supersede any other | ||||||
14 | Public Act. The re-enacted material is shown as existing
text | ||||||
15 | (i.e., without striking or underscoring) except for the changes | ||||||
16 | made by this Article to Section 2-2109 of the Code of Civil | ||||||
17 | Procedure, which are shown with striking and underscoring.
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18 | Section 10-5. The Code of Civil Procedure is amended by | ||||||
19 | re-enacting the heading of Part 21 of Article II and Sections | ||||||
20 | 2-2101, 2-2102, 2-2103, 2-2104, 2-2105, 2-2106, 2-2106.5, | ||||||
21 | 2-2107, and 2-2108 and by re-enacting and changing Section | ||||||
22 | 2-2109 as follows: | ||||||
23 | (735 ILCS 5/Art. II Pt. 21 heading) | ||||||
24 | PART 21. PRODUCT LIABILITY
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1 | (735 ILCS 5/2-2101)
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2 | Sec. 2-2101. Definitions. For purposes of this Part, the | ||||||
3 | terms listed
have
the following meanings:
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4 | "Clear and convincing evidence" means that measure or | ||||||
5 | degree of proof that
will produce in the mind of the trier of | ||||||
6 | fact a high degree of certainty as to
the truth of the | ||||||
7 | allegations sought to be established.
This evidence requires
a | ||||||
8 | greater degree of persuasion than is necessary to meet the | ||||||
9 | preponderance of
the evidence standard.
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10 | "Harm" means (i) damage to property other than the product | ||||||
11 | itself; (ii)
personal physical injury, illness, or death; (iii) | ||||||
12 | mental anguish or emotional
harm to
the extent recognized by | ||||||
13 | applicable law; (iv) any loss of consortium or
services; or (v) | ||||||
14 | other loss deriving from any type of harm described in item
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15 | (i), (ii), (iii), or (iv).
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16 | "Manufacturer" means (i) any person who is engaged in a | ||||||
17 | business to design or
formulate and to produce, create, make, | ||||||
18 | or construct any product or component
part of a product; (ii) a | ||||||
19 | product seller with respect to all component parts of
a product | ||||||
20 | or a component part of a product that is created or affected | ||||||
21 | when,
before placing the product in the stream of commerce, the | ||||||
22 | product seller
designs
or formulates and produces, creates, | ||||||
23 | makes, or constructs an aspect of a
product or a component part | ||||||
24 | of a product made by another; or (iii) any product
seller not | ||||||
25 | described in (ii) that holds itself out as a manufacturer to |
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1 | the
user of the product.
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2 | "Product liability action" means a civil action brought on | ||||||
3 | any theory against
a manufacturer or product seller for harm | ||||||
4 | caused by a product.
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5 | "Product seller" means a person who, in the course of a | ||||||
6 | business conducted
for that purpose, sells, distributes, | ||||||
7 | leases, installs, prepares, blends,
packages, labels, markets, | ||||||
8 | repairs, maintains, or otherwise is involved in
placing a | ||||||
9 | product in the stream of commerce.
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10 | (Source: P.A. 89-7, eff. 3-9-95 .)
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11 | (735 ILCS 5/2-2102)
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12 | Sec. 2-2102. Effect on other laws. Except as may be | ||||||
13 | provided by other
laws, any civil action that conforms to the | ||||||
14 | definition of a product liability
action as defined in Section | ||||||
15 | 2-2101 of this Part shall be governed by the
provisions of this | ||||||
16 | Part.
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17 | (Source: P.A. 89-7, eff. 3-9-95 .)
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18 | (735 ILCS 5/2-2103)
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19 | Sec. 2-2103. Federal and State standards; presumption. In a | ||||||
20 | product
liability action, a product or product component shall | ||||||
21 | be presumed to be
reasonably safe if the aspect of the product | ||||||
22 | or product component that
allegedly caused the harm was | ||||||
23 | specified or required, or if the aspect is
specifically | ||||||
24 | exempted for particular applications or users, by a federal or
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1 | State statute or regulation promulgated by an agency of the | ||||||
2 | federal or State
government responsible for the safety or use | ||||||
3 | of the product before the product
was distributed into the | ||||||
4 | stream of commerce.
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5 | (Source: P.A. 89-7, eff. 3-9-95 .)
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6 | (735 ILCS 5/2-2104)
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7 | Sec. 2-2104. No practical and feasible alternative design; | ||||||
8 | presumption.
If the design of a product or product component | ||||||
9 | is in issue in a product
liability action, the design shall be | ||||||
10 | presumed to be reasonably safe
unless, at the time the product | ||||||
11 | left the control of the manufacturer, a
practical and | ||||||
12 | technically feasible alternative design was available that | ||||||
13 | would
have prevented the harm without significantly impairing | ||||||
14 | the usefulness,
desirability, or marketability of the product. | ||||||
15 | An alternative design is
practical and feasible if the | ||||||
16 | technical, medical, or scientific knowledge
relating to safety | ||||||
17 | of the alternative design was, at the time the product left
the | ||||||
18 | control of the manufacturer, available and developed for | ||||||
19 | commercial use and
acceptable in the marketplace.
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20 | (Source: P.A. 89-7, eff. 3-9-95 .)
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21 | (735 ILCS 5/2-2105)
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22 | Sec. 2-2105. Changes in design or warning; | ||||||
23 | inadmissibility. When measures
are taken which, if taken | ||||||
24 | previously, would have made an event
less likely to occur, |
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1 | evidence of the subsequent measures is not admissible to
prove | ||||||
2 | a defect in a product, negligence, or culpable conduct in | ||||||
3 | connection with
the event. In a product liability action | ||||||
4 | brought under any theory or doctrine,
if the feasibility of a | ||||||
5 | design change or change in warnings is not
controverted, then a | ||||||
6 | subsequent design change or change in warnings shall not
be | ||||||
7 | admissible into evidence. This rule does not require the | ||||||
8 | exclusion of
evidence of subsequent measures when offered for | ||||||
9 | another purpose such as
proving ownership, control, or | ||||||
10 | impeachment.
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11 | (Source: P.A. 89-7, eff. 3-9-95 .)
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12 | (735 ILCS 5/2-2106)
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13 | Sec. 2-2106. Provision of written warnings to users of | ||||||
14 | product;
nonliability. | ||||||
15 | (a) The warning, instructing, or labeling of a product or | ||||||
16 | specific product
component shall be deemed to be adequate if | ||||||
17 | pamphlets, booklets, labels,
or other written warnings were | ||||||
18 | provided that gave adequate notice to reasonably
anticipated | ||||||
19 | users or knowledgeable intermediaries of the material risks of
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20 | injury, death, or property damage connected with the reasonably | ||||||
21 | anticipated use
of the product and instructions as to the | ||||||
22 | reasonably anticipated uses,
applications, or limitations of | ||||||
23 | the product
anticipated by the defendant.
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24 | (b) In the defense of a product liability action, warnings, | ||||||
25 | instructions or
labeling shall be deemed to be adequate if the |
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1 | warnings, instructions or labels
furnished with the product | ||||||
2 | were in conformity with the generally recognized
standards in | ||||||
3 | the industry at the time the product was distributed into the
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4 | stream of commerce.
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5 | (c) Notwithstanding subsections (a) and (b), a defendant | ||||||
6 | shall not be liable
for failure to warn of material risks that | ||||||
7 | were obvious to a reasonably prudent
product user and material | ||||||
8 | risks that were a matter of common knowledge to
persons in the | ||||||
9 | same position as or similar positions to that of the plaintiff
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10 | in a product liability action.
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11 | (d) In any product liability action brought against a | ||||||
12 | manufacturer or
product seller for harm allegedly caused by a | ||||||
13 | failure to provide adequate
warnings or instructions, a | ||||||
14 | defendant manufacturer or product seller shall not
be liable | ||||||
15 | if, at the time the product left the control of the | ||||||
16 | manufacturer, the
knowledge of the danger that caused the harm | ||||||
17 | was not reasonably available or
obtainable in light of existing | ||||||
18 | scientific, technical, or medical
information.
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19 | (Source: P.A. 89-7, eff. 3-9-95 .)
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20 | (735 ILCS 5/2-2106.5)
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21 | Sec. 2-2106.5. Inherent characteristics of products; | ||||||
22 | nonliability. In a
product liability action, a manufacturer or | ||||||
23 | product seller shall not be liable
for harm allegedly caused by | ||||||
24 | a product if the alleged harm was caused by an
inherent | ||||||
25 | characteristic of the product which is a generic aspect of the |
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1 | product
that cannot be eliminated without substantially | ||||||
2 | compromising the product's
usefulness or desirability and | ||||||
3 | which is recognized by the ordinary person with
the ordinary | ||||||
4 | knowledge common to the community.
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5 | (Source: P.A. 89-7, eff. 3-9-95 .)
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6 | (735 ILCS 5/2-2107)
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7 | Sec. 2-2107. Punitive damages. In a product liability | ||||||
8 | action, punitive damages shall not be awarded
against a | ||||||
9 | manufacturer or product seller if the conduct of the defendant
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10 | manufacturer, seller, or reseller that allegedly caused the | ||||||
11 | harm was approved
by or was in compliance with standards set | ||||||
12 | forth in an applicable federal or
State statute or in a | ||||||
13 | regulation or other administrative action promulgated by
an | ||||||
14 | agency of the federal or State government responsible for the | ||||||
15 | safety or use
of the
product, which statute or regulation was | ||||||
16 | in effect at the time of the
manufacturer's or product seller's | ||||||
17 | alleged misconduct, unless the plaintiff
proves by clear and | ||||||
18 | convincing evidence that the manufacturer or product seller
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19 | intentionally withheld from or misrepresented to Congress, the | ||||||
20 | State
legislature, or the relevant federal or State agency | ||||||
21 | material information
relative to the safety or use of the | ||||||
22 | product that would or could have resulted
in a
changed decision | ||||||
23 | relative to the law, standard, or other administrative
action.
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24 | (Source: P.A. 89-7, eff. 3-9-95 .)
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1 | (735 ILCS 5/2-2108)
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2 | Sec. 2-2108. No cause of action created. Nothing in this | ||||||
3 | Part shall be
construed to create a cause of action.
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4 | (Source: P.A. 89-7, eff. 3-9-95 .)
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5 | (735 ILCS 5/2-2109)
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6 | Sec. 2-2109. This amendatory Act of the 97th General | ||||||
7 | Assembly
1995 adding Part 21 to the Code
of Civil Procedure | ||||||
8 | applies to causes of action accruing on or after its
effective | ||||||
9 | date.
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10 | (Source: P.A. 89-7, eff. 3-9-95 .)
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11 | ARTICLE 15. VENUE | ||||||
12 | Section 15-5. The Code of Civil Procedure is amended by | ||||||
13 | changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
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14 | (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
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15 | Sec. 2-101. Generally. Except as otherwise provided in this | ||||||
16 | Act, every action must be
commenced (1) in the county of | ||||||
17 | residence of any defendant who is joined
in good faith and with | ||||||
18 | probable cause for the purpose of obtaining a
judgment against | ||||||
19 | him or her and not solely for the purpose of fixing venue in
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20 | that county, or (2) in the county in which the transaction or | ||||||
21 | some part
thereof occurred out of which the cause of action | ||||||
22 | arose.
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23 | If a check, draft, money order, or other instrument for the |
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1 | payment of
child support payable to or delivered to the State | ||||||
2 | Disbursement Unit
established under Section 10-26 of the | ||||||
3 | Illinois Public Aid Code is returned by
the bank or depository | ||||||
4 | for any reason, venue for the enforcement of any
criminal | ||||||
5 | proceedings or civil cause of action for recovery and attorney | ||||||
6 | fees
shall be in the county where the principal office of the | ||||||
7 | State Disbursement
Unit is located.
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8 | If no
all defendants that are joined in good faith and with | ||||||
9 | probable cause for the purpose of obtaining a judgment against | ||||||
10 | them are residents
nonresidents of the State, an action may be
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11 | commenced only in the county in which the transaction or some | ||||||
12 | part thereof occurred out of which the cause of action arose
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13 | any county .
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14 | If the corporate limits of a city, village or town extend | ||||||
15 | into more
than one county, then the venue of an action or | ||||||
16 | proceeding
instituted by that
municipality to enforce any fine, | ||||||
17 | imprisonment, penalty or forfeiture
for violation of any | ||||||
18 | ordinance of that municipality,
regardless of the county in | ||||||
19 | which the violation was committed or occurred, may
be in the | ||||||
20 | appropriate court (i) in the county
wherein the office of the | ||||||
21 | clerk of the municipality is located
or (ii) in any county
in | ||||||
22 | which at least 35% of the territory within the municipality's | ||||||
23 | corporate
limits is located.
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24 | The changes made by this amendatory Act of the 97th General | ||||||
25 | Assembly apply to actions filed on or after its effective date.
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26 | (Source: P.A. 91-212, eff. 7-20-99.)
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1 | (735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
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2 | Sec. 2-102. Residence of corporations, voluntary | ||||||
3 | unincorporated associations
and partnerships defined.
For | ||||||
4 | purposes of venue, the following definitions apply:
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5 | (a) Any private corporation or railroad or bridge company, | ||||||
6 | organized
under the laws of this State, and any foreign | ||||||
7 | corporation authorized to
transact business in this State is a | ||||||
8 | resident of any county in which it
has its registered office or | ||||||
9 | other office or is doing business . A
foreign corporation not | ||||||
10 | authorized to transact business in this State is
a nonresident | ||||||
11 | of this State.
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12 | (b) A partnership sued in its firm name is a resident of | ||||||
13 | any county
in which any partner resides or in which the | ||||||
14 | partnership has an office
or is doing business . A partnership | ||||||
15 | sued in its firm name, of which all
partners are nonresidents | ||||||
16 | of this State and which does not have an
office or do business | ||||||
17 | in this State, is a nonresident of this State.
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18 | (c) A voluntary unincorporated association sued in its own | ||||||
19 | name is a
resident of any county in which the association has | ||||||
20 | an office or, if on
due inquiry no office can be found, in | ||||||
21 | which any officer of the association
resides . A voluntary | ||||||
22 | unincorporated association sued in its own name, of
which all | ||||||
23 | its members are nonresidents of this State and which does not
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24 | have an office or do business
in this State, is a nonresident | ||||||
25 | of this State.
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1 | (d) The changes made by this amendatory Act of the 97th | ||||||
2 | General Assembly apply to actions filed on or after its | ||||||
3 | effective date.
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4 | (Source: P.A. 83-901.)
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5 | (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
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6 | Sec. 2-103. Public corporations - Local actions - Libel - | ||||||
7 | Insurance
companies . | ||||||
8 | (a) Actions must be brought against a public, municipal,
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9 | governmental or quasi-municipal corporation in the county in | ||||||
10 | which its
principal office is located or in the county in which | ||||||
11 | the transaction or
some part thereof occurred out of which the | ||||||
12 | cause of action arose.
Except as otherwise provided in Section | ||||||
13 | 7-102 of this Code, if the cause of
action is
related to an | ||||||
14 | airport owned by a unit of local government or the property or
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15 | aircraft
operations thereof, however, including an action | ||||||
16 | challenging the
constitutionality of
this amendatory
Act of the | ||||||
17 | 93rd General Assembly, the action must be brought in the county | ||||||
18 | in
which the
unit of local government's principal office is | ||||||
19 | located.
Actions to recover damage to real estate
which may be | ||||||
20 | overflowed or otherwise damaged by reason of any act of the
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21 | corporation may be brought in the county where the real estate | ||||||
22 | or some
part of it is situated, or in the county where the | ||||||
23 | corporation is
located, at the option of the party claiming to | ||||||
24 | be injured.
Except as otherwise provided in Section 7-102 of | ||||||
25 | this Code, any cause of
action
that is related to an airport |
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1 | owned by a unit of local government, and that is
pending on or | ||||||
2 | after the effective date of
this amendatory Act of the 93rd | ||||||
3 | General Assembly in a county other than the
county in which the
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4 | unit of local government's principal office is located, shall | ||||||
5 | be transferred,
upon motion of any
party under Section 2-106 of | ||||||
6 | this Code, to the county in which the unit of
local | ||||||
7 | government's
principal office is located.
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8 | (b) Any action to quiet title to real estate, or to | ||||||
9 | partition or
recover possession thereof or to foreclose a | ||||||
10 | mortgage or other lien
thereon, must be brought in the county | ||||||
11 | in which the real estate or some
part of it is situated.
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12 | (c) Any action which is made local by any statute must be | ||||||
13 | brought in
the county designated in the statute.
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14 | (d) Every action against any owner, publisher, editor, | ||||||
15 | author or
printer of a newspaper or magazine of general | ||||||
16 | circulation for libel
contained in that newspaper or magazine | ||||||
17 | may be commenced only in the
county in which the defendant | ||||||
18 | resides or has his, her or its principal office
or in which the | ||||||
19 | article was composed or printed, except when the
defendant | ||||||
20 | resides or the article was printed without this State, in
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21 | either of which cases the action may be commenced in any county | ||||||
22 | in which
the libel was circulated or published.
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23 | (e) (Blank).
Actions against any insurance company | ||||||
24 | incorporated under the law
of this State or doing business in | ||||||
25 | this State may also be brought in any
county in which the | ||||||
26 | plaintiff or one of the plaintiffs may reside.
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1 | (f) The changes made by this amendatory Act of the 97th | ||||||
2 | General Assembly apply to actions filed on or after its | ||||||
3 | effective date. | ||||||
4 | (Source: P.A. 93-450, eff. 8-6-03.)
| ||||||
5 | (735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
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6 | Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a) | ||||||
7 | No order or
judgment is void because rendered in the wrong | ||||||
8 | venue, except in case of
judgment by confession as provided in | ||||||
9 | subsection (c) of Section 2-1301 of
this Act. No action shall | ||||||
10 | abate or be dismissed because commenced in
the wrong venue if | ||||||
11 | there is a proper venue to which the cause may be
transferred. | ||||||
12 | If no defendants are residents of this State, and the | ||||||
13 | transaction, or some part thereof, out of which the cause of | ||||||
14 | action arose did not occur in this State, the action must be | ||||||
15 | dismissed for lack of proper venue.
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16 | (b) All objections of improper venue are waived by a | ||||||
17 | defendant
unless a motion to transfer to a proper venue or a | ||||||
18 | motion to dismiss for lack of proper venue is made by the | ||||||
19 | defendant on or
before the date upon which he or she is | ||||||
20 | required to appear or within any
further time that may be | ||||||
21 | granted him or her to answer or move with respect to
the | ||||||
22 | complaint, except that if a defendant upon whose residence | ||||||
23 | venue
depends is dismissed upon motion of plaintiff, a | ||||||
24 | remaining defendant may
promptly move for transfer as though | ||||||
25 | the dismissed defendant had not
been a party.
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1 | (c) Motions to dismiss or for transfer to a proper venue | ||||||
2 | may be supported and
opposed by affidavit. In determining | ||||||
3 | issues of fact raised by
affidavits, any competent evidence | ||||||
4 | adduced by the parties shall also be
considered. The | ||||||
5 | determination of any issue of fact in connection with a
motion | ||||||
6 | to transfer does not constitute a determination of the merits | ||||||
7 | of
the case or any aspect thereof.
| ||||||
8 | (d) The changes made by this amendatory Act of the 97th | ||||||
9 | General Assembly apply to actions filed on or after its | ||||||
10 | effective date.
| ||||||
11 | (Source: P.A. 83-707.)
| ||||||
12 | ARTICLE 20. EXPERT WITNESSES | ||||||
13 | Section 20-5. The Code of Civil Procedure is amended by | ||||||
14 | adding Part 29 to Article VIII as follows: | ||||||
15 | (735 ILCS 5/Art. VIII Pt. 29 heading new) | ||||||
16 | Part 29. Reliability in Expert Testimony Standards | ||||||
17 | (735 ILCS 5/8-2901 new) | ||||||
18 | Sec. 8-2901. Opinion testimony by lay witnesses. If the | ||||||
19 | witness is not testifying as an expert, the witness' testimony | ||||||
20 | in the form of opinions or inferences is limited to those | ||||||
21 | opinions or inferences which are (a) rationally based on the | ||||||
22 | perception of the witness, (b) helpful to a clear understanding |
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1 | of the witness' testimony or the determination of a fact in | ||||||
2 | issue, and (c) not based on scientific, technical, or other | ||||||
3 | specialized knowledge within the scope of Section 8-2903. | ||||||
4 | (735 ILCS 5/8-2902 new) | ||||||
5 | Sec. 8-2902. Testimony by experts. If scientific, | ||||||
6 | technical, or other specialized knowledge will assist the trier | ||||||
7 | of fact to understand the evidence or to determine a fact in | ||||||
8 | issue, a witness qualified as an expert by knowledge, skill, | ||||||
9 | experience, training, or education may testify thereto in the | ||||||
10 | form of an opinion or otherwise, if (a) the testimony is based | ||||||
11 | upon sufficient facts or data, (b) the testimony is the product | ||||||
12 | of reliable principles and methods, and (c) the witness has | ||||||
13 | applied the principles and methods reliably to the facts of the | ||||||
14 | case. | ||||||
15 | (735 ILCS 5/8-2903 new) | ||||||
16 | Sec. 8-2903. Bases of expert opinion testimony. The facts | ||||||
17 | or data in the particular case upon which an expert bases an | ||||||
18 | opinion or inference may be those perceived by or made known to | ||||||
19 | the expert at or before the hearing. If of a type reasonably | ||||||
20 | relied upon by experts in the particular field in forming | ||||||
21 | opinions or inferences upon the subject, the facts or data need | ||||||
22 | not be admissible in evidence in order for the opinion or | ||||||
23 | inference to be admitted. Facts or data that are otherwise | ||||||
24 | inadmissible shall not be disclosed to the jury by the |
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1 | proponent of the opinion or inference unless the court | ||||||
2 | determines that their probative value in assisting the jury to | ||||||
3 | evaluate the expert's opinion substantially outweighs their | ||||||
4 | prejudicial effect. | ||||||
5 | (735 ILCS 5/8-2904 new) | ||||||
6 | Sec. 8-2904. Bars to expert testimony. | ||||||
7 | (a) A witness qualified as an expert by knowledge, skill, | ||||||
8 | experience, training, or education may only offer expert | ||||||
9 | testimony with respect to a particular field in which the | ||||||
10 | expert is qualified. | ||||||
11 | (b) An expert witness may receive a reasonable and | ||||||
12 | customary fee for the rendering of professional services, | ||||||
13 | provided that the testimony of an expert witness shall not be | ||||||
14 | admitted if any such compensation is contingent on the outcome | ||||||
15 | of any claim or case with respect to which the testimony is | ||||||
16 | being offered. | ||||||
17 | (735 ILCS 5/8-2905 new) | ||||||
18 | Sec. 8-2905. Mandatory pre-trial hearing. If the witness is | ||||||
19 | testifying as an expert, then upon motion of a party, the court | ||||||
20 | shall hold a pre-trial hearing to determine whether the witness | ||||||
21 | qualifies as an expert and whether the expert's testimony | ||||||
22 | satisfies the requirements of Sections 8-2902, 8-2903, and | ||||||
23 | 8-2904. The court shall allow sufficient time for a hearing and | ||||||
24 | shall rule on the qualifications of the witness to testify as |
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1 | an expert and whether or not the testimony satisfies the | ||||||
2 | requirements of Sections 8-2902, 8-2903, and 8-2904. Such | ||||||
3 | hearing and ruling shall be completed no later than the final | ||||||
4 | pre-trial hearing. The trial court's ruling shall set forth the | ||||||
5 | findings of fact and conclusions of law upon which the order to | ||||||
6 | admit or exclude expert evidence is based. | ||||||
7 | (735 ILCS 5/8-2906 new) | ||||||
8 | Sec. 8-2906. Mandatory pre-trial disclosure of expert | ||||||
9 | testimony. | ||||||
10 | (a) Whether or not any party elects to request a pre-trial | ||||||
11 | hearing contemplated in Section 8-2905, all parties shall | ||||||
12 | disclose to other parties the identity of any person who may be | ||||||
13 | used at trial to present expert evidence. | ||||||
14 | (b) Except as otherwise stipulated or directed by the | ||||||
15 | court, this disclosure shall, with respect to a witness who is | ||||||
16 | retained or specially employed to provide expert testimony in | ||||||
17 | the case or whose duties as an employee of the party regularly | ||||||
18 | involve giving expert testimony, be accompanied by a written | ||||||
19 | report prepared and signed by the witness. The report shall | ||||||
20 | contain a complete statement of all opinions to be expressed | ||||||
21 | and the basis and reasons therefor; the data or other | ||||||
22 | information considered by the witness in forming the opinions; | ||||||
23 | any exhibits to be used as a summary of or support for the | ||||||
24 | opinions; the qualifications of the witness, including a list | ||||||
25 | of all publications authored by the witness within the |
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1 | preceding 10 years; the compensation to be paid for the study | ||||||
2 | and testimony; and a listing of any other cases in which the | ||||||
3 | witness has testified as an expert at trial or by deposition | ||||||
4 | within the preceding 4 years. | ||||||
5 | (c) These disclosures shall be made at the times and in the | ||||||
6 | sequence directed by the court. In the absence of other | ||||||
7 | directions from the court or stipulation by the parties, the | ||||||
8 | disclosures shall be made at least 90 days before the trial | ||||||
9 | date or the date the case is to be ready for trial or, if the | ||||||
10 | evidence is intended solely to contradict or rebut evidence on | ||||||
11 | the same subject matter identified by another party under | ||||||
12 | paragraph (b), within 30 days after the disclosure made by the | ||||||
13 | other party. | ||||||
14 | (d) A party may depose any person who has been identified | ||||||
15 | as an expert whose opinions may be presented at trial. If a | ||||||
16 | report from the expert is required under paragraph (b), the | ||||||
17 | deposition shall not be conducted until after the report is | ||||||
18 | provided. | ||||||
19 | (735 ILCS 5/8-2907 new) | ||||||
20 | Sec. 8-2907. Interpretation. In interpreting and applying | ||||||
21 | this Act, the courts of this State shall follow the opinions of | ||||||
22 | the Supreme Court of the United States in Daubert v. Merrell | ||||||
23 | Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General | ||||||
24 | Electric Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co. | ||||||
25 | Ltd. v. Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley, |
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1 | 528 U.S. 440 (2000), and their progeny; moreover, the courts of | ||||||
2 | this State may draw from other precedents binding in the | ||||||
3 | federal courts of this State applying the standards announced | ||||||
4 | by the Supreme Court of the United States in the foregoing | ||||||
5 | cases. | ||||||
6 | (735 ILCS 5/8-2908 new) | ||||||
7 | Sec. 8-2908. Interlocutory appeal. Interlocutory appeal of | ||||||
8 | a ruling on the admissibility of expert evidence shall be | ||||||
9 | available at the discretion of the appellate court. In deciding | ||||||
10 | whether to grant the interlocutory appeal, the court shall | ||||||
11 | consider whether: (i) the ruling involved any challenge to the | ||||||
12 | constitutionality of this Act; (ii) the ruling will help prove | ||||||
13 | or disprove criminal liability; or (iii) the ruling will help | ||||||
14 | establish civil liability at or above $75,000, where the | ||||||
15 | testimony could be outcome-determinative for establishing | ||||||
16 | liability or determining damages. Neither a party's failure to | ||||||
17 | seek interlocutory appeal nor an appellate court's decision to | ||||||
18 | deny a motion for interlocutory appeal shall waive a party's | ||||||
19 | right to appeal a ruling on the admissibility of expert | ||||||
20 | evidence after an entry of judgment in the case. | ||||||
21 | (735 ILCS 5/8-2909 new) | ||||||
22 | Sec. 8-2909. Standard of review. | ||||||
23 | (a) As the proper construction of the expert evidence | ||||||
24 | admissibility framework prescribed by this Act is a question of |
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1 | law, the reviewing court shall apply a de novo standard of | ||||||
2 | review in determining whether the trial court fully applied the | ||||||
3 | proper legal standard in considering the admissibility of | ||||||
4 | expert evidence. | ||||||
5 | (b) As the application of this Act to determine the | ||||||
6 | admissibility of expert testimony is a question of fact, the | ||||||
7 | reviewing court shall apply an abuse of discretion standard in | ||||||
8 | determining whether the trial court properly admitted or | ||||||
9 | excluded particular expert evidence. | ||||||
10 | (735 ILCS 5/8-2910 new)
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11 | Sec. 8-2910. Application. This Part applies to all actions | ||||||
12 | commenced on or after the effective date of this amendatory Act | ||||||
13 | of the 97th General Assembly
and to all pending actions in | ||||||
14 | which trial has not been scheduled or in which trial has been | ||||||
15 | scheduled in excess of 90 days after the effective date of this | ||||||
16 | amendatory Act of the 97th General Assembly. | ||||||
17 | ARTICLE 25. JOINT AND SEVERAL LIABILITY | ||||||
18 | Section 25-5. The Code of Civil Procedure is amended by | ||||||
19 | changing Section 2-1117 as follows:
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20 | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
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21 | Sec. 2-1117. Joint liability. Except as provided in Section | ||||||
22 | 2-1118,
in actions on account of bodily injury or death or |
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1 | physical damage to
property, based on negligence, or product | ||||||
2 | liability based on strict tort
liability, all defendants found | ||||||
3 | liable are jointly and
severally liable for plaintiff's past | ||||||
4 | and future medical and medically
related expenses. Any | ||||||
5 | defendant whose fault, as determined by the
trier of fact, is | ||||||
6 | less than 25% of the total fault attributable to the
plaintiff, | ||||||
7 | the defendants sued by the plaintiff, and any third party
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8 | defendant who could have been sued by the plaintiff except the | ||||||
9 | plaintiff's employer , shall be severally
liable for all other | ||||||
10 | damages. Any defendant whose fault, as
determined by the trier | ||||||
11 | of fact, is 25% or greater of the total fault
attributable to | ||||||
12 | the plaintiff, the defendants sued by the plaintiff, and
any | ||||||
13 | third party defendants who could have been sued by the | ||||||
14 | plaintiff except the plaintiff's employer , shall
be jointly and | ||||||
15 | severally liable for all other damages.
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16 | (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)".
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