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| | SB1748 Engrossed | | LRB103 24900 LNS 51234 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Sections 2-1003 and 2-1007.1 as follows:
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| 6 | | (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
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| 7 | | Sec. 2-1003. Discovery and depositions. |
| 8 | | (a) Discovery, such as admissions of
fact and of |
| 9 | | genuineness of documents, physical and mental examinations of |
| 10 | | parties and other persons, the taking of any depositions, and |
| 11 | | interrogatories,
shall be in accordance with rules.
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| 12 | | (b) (Blank).
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| 13 | | (c) (Blank).
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| 14 | | (d) Whenever the defendant in any litigation in this State |
| 15 | | has the right
to demand a physical or mental examination of the |
| 16 | | plaintiff pursuant to
statute or Supreme Court Rule, relative |
| 17 | | to the occurrence and extent of
injuries or damages for which |
| 18 | | claim is made, or in connection with the
plaintiff's capacity |
| 19 | | to exercise any right plaintiff has, or would have
but for a |
| 20 | | finding based upon such examination, the plaintiff has the
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| 21 | | right to have his or her attorney, or such other person as the |
| 22 | | plaintiff
may wish, present at such physical or mental |
| 23 | | examination. The plaintiff also has the right to designate an |
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| 1 | | additional person to be present and video record the |
| 2 | | examination. The changes to this Section by this amendatory |
| 3 | | Act of the 103rd General Assembly apply to actions commenced |
| 4 | | or pending on or after the effective date of this amendatory |
| 5 | | Act of the 103rd General Assembly.
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| 6 | | (e) No person or organization shall be required to furnish |
| 7 | | claims,
loss or risk management information held or provided |
| 8 | | by an insurer, which
information is described in Section |
| 9 | | 143.10a of the "Illinois Insurance Code".
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| 10 | | (Source: P.A. 99-110, eff. 1-1-16.)
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| 11 | | (735 ILCS 5/2-1007.1) (from Ch. 110, par. 2-1007.1)
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| 12 | | Sec. 2-1007.1. Preference in setting for trial. (a) A |
| 13 | | party who is
an individual or, in the case of a wrongful death |
| 14 | | action, the surviving spouse or next of kin and has
reached the |
| 15 | | age of 67 70 years shall, upon motion by that party or the |
| 16 | | administrator of the estate of the deceased person or special |
| 17 | | administrator, be entitled
to preference in setting for trial, |
| 18 | | which shall commence within one year of the hearing on the |
| 19 | | motion, unless the court finds that the party
does not have a |
| 20 | | substantial interest in the case as a whole.
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| 21 | | (b) The court shall may, in its discretion, grant a motion |
| 22 | | for preference in
setting for trial where a party or, in the |
| 23 | | case of a wrongful death action, the surviving spouse or next |
| 24 | | of kin shows substantial physical or financial hardship or |
| 25 | | alternatively shows good cause that the interests of
justice |
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| 1 | | will be served by granting a preference in setting for trial |
| 2 | | within one year of the hearing on the motion. |
| 3 | | (c) The changes to this Section by this amendatory Act of |
| 4 | | the 103rd General Assembly apply to actions commenced or |
| 5 | | pending on or after the effective date of this amendatory Act |
| 6 | | of the 103rd General Assembly.
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| 7 | | (Source: P.A. 86-854.)
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| 8 | | Section 99. Effective date. This Act takes effect upon |
| 9 | | becoming law.
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