Full Text of HB1032 97th General Assembly
HB1032ham002 97TH GENERAL ASSEMBLY | Rep. Randy Ramey, Jr. Filed: 4/8/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1032
| 2 | | AMENDMENT NO. ______. Amend House Bill 1032, AS AMENDED, by | 3 | | replacing the title with the following: | 4 | | "AN ACT concerning civil law."; and
| 5 | | by inserting immediately after Sec. 22 of Section 5-915 the | 6 | | following: | 7 | | "ARTICLE 10. PRODUCT LIABILITY | 8 | | Section 10-1. Purpose.
| 9 | | (a) The General Assembly finds and declares that:
| 10 | | (1) "An Act to amend certain Acts in relation to civil
| 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
| 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.
| 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
| 7 | | concerning these provisions is necessary.
| 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.
| 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.
| 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)
| 2 | | Sec. 2-2101. Definitions. For purposes of this Part, the | 3 | | terms listed
have
the following meanings:
| 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.
| 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
| 15 | | (i), (ii), (iii), or (iv).
| 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.
| 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.
| 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.
| 10 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 11 | | (735 ILCS 5/2-2102)
| 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.
| 17 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 18 | | (735 ILCS 5/2-2103)
| 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.
| 5 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 6 | | (735 ILCS 5/2-2104)
| 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.
| 20 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 21 | | (735 ILCS 5/2-2105)
| 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.
| 11 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 12 | | (735 ILCS 5/2-2106)
| 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
| 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.
| 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
| 4 | | stream of commerce.
| 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
| 10 | | in a product liability action.
| 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.
| 19 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 20 | | (735 ILCS 5/2-2106.5)
| 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.
| 5 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 6 | | (735 ILCS 5/2-2107)
| 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
| 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
| 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.
| 24 | | (Source: P.A. 89-7, eff. 3-9-95 .)
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| 1 | | (735 ILCS 5/2-2108)
| 2 | | Sec. 2-2108. No cause of action created. Nothing in this | 3 | | Part shall be
construed to create a cause of action.
| 4 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 5 | | (735 ILCS 5/2-2109)
| 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.
| 10 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 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:
| 14 | | (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
| 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
| 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.
| 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.
| 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
| 11 | | commenced only in the county in which the transaction or some | 12 | | part thereof occurred out of which the cause of action arose
| 13 | | any county .
| 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.
| 24 | | The changes made by this amendatory Act of the 97th General | 25 | | Assembly apply to actions filed on or after its effective date.
| 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)
| 2 | | Sec. 2-102. Residence of corporations, voluntary | 3 | | unincorporated associations
and partnerships defined.
For | 4 | | purposes of venue, the following definitions apply:
| 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.
| 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.
| 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
| 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.
| 4 | | (Source: P.A. 83-901.)
| 5 | | (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
| 6 | | Sec. 2-103. Public corporations - Local actions - Libel - | 7 | | Insurance
companies . | 8 | | (a) Actions must be brought against a public, municipal,
| 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
| 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
| 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
| 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.
| 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.
| 12 | | (c) Any action which is made local by any statute must be | 13 | | brought in
the county designated in the statute.
| 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
| 21 | | either of which cases the action may be commenced in any county | 22 | | in which
the libel was circulated or published.
| 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)
| 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.
| 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)
| 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:
| 20 | | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
| 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
| 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.
| 16 | | (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)".
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