Public Act 103-0388
 
SB1748 EnrolledLRB103 24900 LNS 51234 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1003 and 2-1007.1 as follows:
 
    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)
    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.
    (b) (Blank).
    (c) (Blank).
    (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
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.
    (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".
(Source: P.A. 99-110, eff. 1-1-16.)
 
    (735 ILCS 5/2-1007.1)  (from Ch. 110, par. 2-1007.1)
    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.
    (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.
(Source: P.A. 86-854.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2023