State of Illinois
91st General Assembly
Legislation

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91_HB0886eng

 
HB0886 Engrossed                               LRB9102063RCks

 1        AN ACT in relation to discovery depositions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  10.  The  Code  of Civil Procedure is amended by
 5    adding Part 28 to Article 8 as follows:

 6        (735 ILCS 5/Art 8, Part 28 heading new)
 7                   PART 28.  DISCOVERY DEPOSITIONS

 8        (735 ILCS 5/8-2801 new)
 9        Sec. 8-2801.  Discovery depositions.  Testimony given  in
10    a  discovery  deposition in a civil case is not excludable at
11    the trial of that case as hearsay, and if otherwise  relevant
12    and  admissible,  may  be  used  at the trial of that case in
13    situations in which:
14             (a)  the witness is  unable  to  be  present  or  to
15        testify  at  the  trial  because  of  death or because of
16        physical or mental illness or infirmity at  the  time  of
17        trial; or
18             (b)  the  party  offering  the  deposition  has been
19        unable to procure  the  witness'  attendance  by  process
20        unless   the  absence  of  the  witness  is  due  to  the
21        procurement or  wrongdoing  of  the  party  offering  the
22        deposition.
23             (c)  Nothing  in  this Section shall be construed as
24        affecting the  utilization  of  evidence  depositions  as
25        provided in Supreme Court Rule 212(b).

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