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Public Act 103-0388 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 2-1003 and 2-1007.1 as follows:
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(735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
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Sec. 2-1003. Discovery and depositions. | ||||
(a) Discovery, such as admissions of
fact and of | ||||
genuineness of documents, physical and mental examinations of | ||||
parties and other persons, the taking of any depositions, and | ||||
interrogatories,
shall be in accordance with rules.
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(b) (Blank).
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(c) (Blank).
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(d) Whenever the defendant in any litigation in this State | ||||
has the right
to demand a physical or mental examination of the | ||||
plaintiff pursuant to
statute or Supreme Court Rule, relative | ||||
to the occurrence and extent of
injuries or damages for which | ||||
claim is made, or in connection with the
plaintiff's capacity | ||||
to exercise any right plaintiff has, or would have
but for a | ||||
finding based upon such examination, the plaintiff has the
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right to have his or her attorney, or such other person as the | ||||
plaintiff
may wish, present at such physical or mental | ||||
examination. The plaintiff also has the right to designate an |
additional person to be present and video record the | ||
examination. The changes to this Section by this amendatory | ||
Act of the 103rd General Assembly apply to actions commenced | ||
or pending on or after the effective date of this amendatory | ||
Act of the 103rd General Assembly.
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(e) No person or organization shall be required to furnish | ||
claims,
loss or risk management information held or provided | ||
by an insurer, which
information is described in Section | ||
143.10a of the "Illinois Insurance Code".
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(Source: P.A. 99-110, eff. 1-1-16 .)
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(735 ILCS 5/2-1007.1) (from Ch. 110, par. 2-1007.1)
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Sec. 2-1007.1. Preference in setting for trial. | ||
(a) A party who is
an individual or, in the case of a | ||
wrongful death action, is the surviving spouse or next of kin | ||
and who has
reached the age of 67 70 years shall, upon motion | ||
by that party or the administrator of the estate of the | ||
deceased person or special administrator , be entitled
to | ||
preference in setting for trial , which shall commence within | ||
one year of the hearing on the motion, unless the court finds | ||
that the party
does not have a substantial interest in the case | ||
as a whole. The trial setting shall apply only to the moving | ||
party and to those defendants who have appeared and answered | ||
the complaint at the time notice of the motion for preference | ||
in setting for trial is served. If any new party is added to a | ||
lawsuit after the setting of a trial under this Section, any |
party may move the court to amend the trial setting to allow | ||
for trial to commence up to one year after the date a new | ||
defendant appeared and answered the complaint or up to one | ||
year after the date a plaintiff was added to the lawsuit.
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(b) The court shall may, in its discretion, grant a motion | ||
for preference in
setting for trial where a party or, in the | ||
case of a wrongful death action, the surviving spouse or next | ||
of kin shows substantial physical or financial hardship or | ||
alternatively shows good cause that the interests of
justice | ||
will be served by granting a preference in setting for trial | ||
within one year of the hearing on the motion . | ||
(c) Any party may move for a trial continuance of up to 6 | ||
months for good cause shown. Any subsequent motions for trial | ||
continuance under this Section shall be granted only to the | ||
extent necessary for trial to commence as soon as practicable. | ||
(d) The changes to this Section by this amendatory Act of | ||
the 103rd General Assembly apply to actions commenced or | ||
pending on or after the effective date of this amendatory Act | ||
of the 103rd General Assembly.
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(Source: P.A. 86-854.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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