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Full Text of SB1976  97th General Assembly

SB1976 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1976

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
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 that a non-expert's opinion or inference testimony is limited to opinions or inferences that are rationally based on his or her perception, helpful to a clear understanding of his or her testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge. 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; severability; and other matters. 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.


LRB097 07271 AJO 47380 b

 

 

A BILL FOR

 

SB1976LRB097 07271 AJO 47380 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)
7
Pt. 29. Reliability in Expert Testimony Standards

 
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 witness' testimony
11in the form of opinions or inferences is limited to those
12opinions or inferences which are (a) rationally based on the
13perception of the witness, (b) helpful to a clear understanding
14of the witness' testimony or the determination of a fact in
15issue, and (c) not based on scientific, technical, or other
16specialized knowledge within the scope of Section 8-2803.
 
17    (735 ILCS 5/8-2902 new)
18    Sec. 8-2902. Testimony by experts. If scientific,
19technical, or other specialized knowledge will assist the trier
20of fact to understand the evidence or to determine a fact in
21issue, a witness qualified as an expert by knowledge, skill,

 

 

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1experience, training, or education may testify thereto in the
2form of an opinion or otherwise, if (a) the testimony is based
3upon sufficient facts or data, (b) the testimony is the product
4of reliable principles and methods, and (c) the witness has
5applied the principles and methods reliably to the facts of the
6case.
 
7    (735 ILCS 5/8-2903 new)
8    Sec. 8-2903. Bases of expert opinion testimony. The facts
9or data in the particular case upon which an expert bases an
10opinion or inference may be those perceived by or made known to
11the expert at or before the hearing. If of a type reasonably
12relied upon by experts in the particular field in forming
13opinions or inferences upon the subject, the facts or data need
14not be admissible in evidence in order for the opinion or
15inference to be admitted. Facts or data that are otherwise
16inadmissible shall not be disclosed to the jury by the
17proponent of the opinion or inference unless the court
18determines that their probative value in assisting the jury to
19evaluate the expert's opinion substantially outweighs their
20prejudicial effect.
 
21    (735 ILCS 5/8-2904 new)
22    Sec. 8-2904. Bars to expert testimony.
23    (a) A witness qualified as an expert by knowledge, skill,
24experience, training, or education may only offer expert

 

 

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1testimony with respect to a particular field in which the
2expert is qualified.
3    (b) An expert witness may receive a reasonable and
4customary fee for the rendering of professional services,
5provided that the testimony of an expert witness shall not be
6admitted if any such compensation is contingent on the outcome
7of any claim or case with respect to which the testimony is
8being offered.
 
9    (735 ILCS 5/8-2905 new)
10    Sec. 8-2905. Mandatory pre-trial hearing. If the witness is
11testifying as an expert, then upon motion of a party, the court
12shall hold a pre-trial hearing to determine whether the witness
13qualifies as an expert and whether the expert's testimony
14satisfies the requirements of Sections 8-2902, 8-2903, and
158-2904. The court shall allow sufficient time for a hearing and
16shall rule on the qualifications of the witness to testify as
17an expert and whether or not the testimony satisfies the
18requirements of Sections 8-2902, 8-2903, and 8-2904. Such
19hearing and ruling shall be completed no later than the final
20pre-trial hearing. The trial court's ruling shall set forth the
21findings of fact and conclusions of law upon which the order to
22admit or exclude expert evidence is based.
 
23    (735 ILCS 5/8-2906 new)
24    Sec. 8-2906. Mandatory pre-trial disclosure of expert

 

 

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

 

 

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1evidence is intended solely to contradict or rebut evidence on
2the same subject matter identified by another party under
3paragraph (b), within 30 days after the disclosure made by the
4other party.
5    (d) A party may depose any person who has been identified
6as an expert whose opinions may be presented at trial. If a
7report from the expert is required under paragraph (b), the
8deposition shall not be conducted until after the report is
9provided.
 
10    (735 ILCS 5/8-2907 new)
11    Sec. 8-2907. Interpretation. In interpreting and applying
12this Act, the courts of this State shall follow the opinions of
13the Supreme Court of the United States in Daubert v. Merrell
14Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General
15Electric Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co.
16Ltd. v. Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley,
17528 U.S. 440 (2000), and their progeny; moreover, the courts of
18this State may draw from other precedents binding in the
19federal courts of this State applying the standards announced
20by the Supreme Court of the United States in the foregoing
21cases.
 
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 Act; (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) As the proper construction of the expert evidence
16admissibility framework prescribed by this Act is a question of
17law, the reviewing court shall apply a de novo standard of
18review in determining whether the trial court fully applied the
19proper legal standard in considering the admissibility of
20expert evidence.
21    (b) As the application of this Act to determine the
22admissibility of expert testimony is a question of fact, the
23reviewing court shall apply an abuse of discretion standard in
24determining whether the trial court properly admitted or
25excluded 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 97th 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 97th 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.