State of Illinois
2013 and 2014


Introduced , by Rep. Dwight Kay


735 ILCS 5/Art. VIII Pt. 29 heading new
735 ILCS 5/8-2901 new
735 ILCS 5/8-2902 new
735 ILCS 5/8-2903 new
735 ILCS 5/8-2904 new
735 ILCS 5/8-2905 new
735 ILCS 5/8-2906 new
735 ILCS 5/8-2907 new
735 ILCS 5/8-2908 new
735 ILCS 5/8-2909 new
735 ILCS 5/8-2910 new

    Amends the Code of Civil Procedure. Provides limitations upon a non-expert's opinion or inference testimony. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pre-trial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; and severability. Applies to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act. Effective immediately.

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HB2221LRB098 05536 HEP 35573 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 adding
5Part 29 to Article VIII as follows:
6    (735 ILCS 5/Art. VIII Pt. 29 heading new)
Part 29. Expert Testimony

8    (735 ILCS 5/8-2901 new)
9    Sec. 8-2901. Opinion testimony by lay witnesses. If the
10witness is not testifying as an expert, the testimony of the
11witness in the form of opinions or inferences is limited to
12those opinions or inferences which are (i) rationally based on
13the perception of the witness; (ii) helpful to a clear
14understanding of the testimony of the witness or the
15determination of a fact in issue; and (iii) not based on
16scientific, technical, or other specialized knowledge within
17the scope of Section 8-2903 of this Code.
18    (735 ILCS 5/8-2902 new)
19    Sec. 8-2902. Testimony by experts. If scientific,
20technical, or other specialized knowledge will assist the trier
21of fact to understand the evidence or to determine a fact in



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1issue, a witness qualified as an expert by knowledge, skill,
2experience, training, or education may testify in the form of
3an opinion or otherwise, if (i) the testimony is based upon
4sufficient facts or data; (ii) the testimony is the product of
5reliable principles and methods; and (iii) the witness has
6applied the principles and methods reliably to the facts of the
8    (735 ILCS 5/8-2903 new)
9    Sec. 8-2903. Bases of expert opinion testimony. The facts
10or data in the particular case upon which an expert bases an
11opinion or inference may be those perceived by or made known to
12the expert at or before the hearing. If of a type reasonably
13relied upon by experts in the particular field in forming
14opinions or inferences upon the subject, the facts or data need
15not be admissible in evidence in order for the opinion or
16inference to be admitted. Facts or data that are otherwise
17inadmissible shall not be disclosed to the jury by the
18proponent of the opinion or inference, unless the court
19determines that the probative value in assisting the jury to
20evaluate the expert's opinion substantially outweighs the
21prejudicial effect.
22    (735 ILCS 5/8-2904 new)
23    Sec. 8-2904. Bars to expert testimony.
24    (a) A witness qualified as an expert by knowledge, skill,



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1experience, training, or education may only offer expert
2testimony with respect to a particular field in which the
3expert is qualified.
4    (b) An expert witness may receive a reasonable and
5customary fee for the rendering of professional services,
6provided that the testimony of an expert witness shall not be
7admitted if any compensation is contingent on the outcome of a
8claim or case with respect to which the testimony is being
10    (735 ILCS 5/8-2905 new)
11    Sec. 8-2905. Mandatory pre-trial hearing. If the witness is
12testifying as an expert, then upon motion of a party, the court
13shall hold a pre-trial hearing to determine whether the witness
14qualifies as an expert and whether the expert's testimony
15satisfies the requirements of Sections 8-2902, 8-2903, and
168-2904 of this Code. The court shall allow sufficient time for
17a hearing and shall rule on the qualifications of the witness
18to testify as an expert and whether the testimony satisfies the
19requirements of Sections 8-2902, 8-2903, and 8-2904 of this
20Code. The hearing and ruling shall be completed no later than
21the final pre-trial hearing. The trial court's ruling shall set
22forth the findings of fact and conclusions of law upon which
23the order to admit or exclude expert evidence is based.
24    (735 ILCS 5/8-2906 new)



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1    Sec. 8-2906. Mandatory pre-trial disclosure of expert
3    (a) Whether or not any party elects to request a pre-trial
4hearing under Section 8-2905 of this Code, each party shall
5disclose to the other parties the identity of any person who
6may be used at trial to present expert evidence.
7    (b) Except as otherwise stipulated or directed by the
8court, disclosure under this Section shall, with respect to a
9witness who is retained or specially employed to provide expert
10testimony in the case or whose duties as an employee of the
11party regularly involve giving expert testimony, be
12accompanied by a written report prepared and signed by the
13witness. The report shall contain a complete statement of all
14opinions to be expressed and the basis and reasons for each;
15the data or other information considered by the witness in
16forming the opinions; any exhibits to be used as a summary of
17or support for the opinions; the qualifications of the witness,
18including a list of all publications authored by the witness
19within the preceding 10 years; the compensation to be paid for
20the study and testimony; and a listing of any other cases in
21which the witness has testified as an expert at trial or by
22deposition within the preceding 4 years.
23    (c) Disclosures under this Section shall be made at the
24times and in the sequence directed by the court. In the absence
25of other directions from the court or stipulation by the
26parties, the disclosures shall be made at least 90 days before



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1the trial date or the date the case is to be ready for trial or,
2if the evidence is intended solely to contradict or rebut
3evidence on the same subject matter identified by another party
4under subsection (b), within 30 days after the disclosure made
5by the other party.
6    (d) A party may depose any person who has been identified
7as an expert whose opinions may be presented at trial. If a
8report from the expert is required under paragraph (b), the
9deposition shall not be conducted until after the report is
11    (735 ILCS 5/8-2907 new)
12    Sec. 8-2907. Interpretation. In interpreting and applying
13this Part, the courts of this State shall follow the opinions
14of the United States Supreme Court in Daubert v. Merrell Dow
15Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric
16Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co. Ltd. v.
17Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley, 528 U.S.
18440 (2000), and their progeny; moreover, the courts of this
19State may draw from other precedents applying the standards
20announced by the United States Supreme Court in the foregoing
21cases and binding in the federal courts of this State.
22    (735 ILCS 5/8-2908 new)
23    Sec. 8-2908. Interlocutory appeal. Interlocutory appeal of
24a ruling on the admissibility of expert evidence shall be



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1available at the discretion of the appellate court. In deciding
2whether to grant the interlocutory appeal, the court shall
3consider whether: (i) the ruling involved any challenge to the
4constitutionality of this Part; (ii) the ruling will help prove
5or disprove criminal liability; or (iii) the ruling will help
6establish civil liability at or above $75,000, where the
7testimony could be outcome-determinative for establishing
8liability or determining damages. Neither a party's failure to
9seek interlocutory appeal nor an appellate court's decision to
10deny a motion for interlocutory appeal shall waive a party's
11right to appeal a ruling on the admissibility of expert
12evidence after an entry of judgment in the case.
13    (735 ILCS 5/8-2909 new)
14    Sec. 8-2909. Standard of review.
15    (a) The proper construction of the expert evidence
16admissibility framework under this Part is a question of law;
17therefore, the reviewing court shall apply a de novo standard
18of review in determining whether the trial court fully applied
19the proper legal standard in considering the admissibility of
20expert evidence.
21    (b) The application of this Part to determine the
22admissibility of expert testimony is a question of fact;
23therefore, the reviewing court shall apply an abuse of
24discretion standard in determining whether the trial court
25properly admitted or excluded particular expert evidence.



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1    (735 ILCS 5/8-2910 new)
2    Sec. 8-2910. Application. This Part applies to all actions
3commenced on or after the effective date of this amendatory Act
4of the 98th General Assembly and to all pending actions in
5which trial has not been scheduled or in which trial has been
6scheduled in excess of 90 days after the effective date of this
7amendatory Act of the 98th General Assembly.
8    Section 97. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.