SB1748 EnrolledLRB103 24900 LNS 51234 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
5changing Sections 2-1003 and 2-1007.1 as follows:
6    (735 ILCS 5/2-1003)  (from Ch. 110, par. 2-1003)
7    Sec. 2-1003. Discovery and depositions.
8    (a) Discovery, such as admissions of fact and of
9genuineness of documents, physical and mental examinations of
10parties and other persons, the taking of any depositions, and
11interrogatories, shall be in accordance with rules.
12    (b) (Blank).
13    (c) (Blank).
14    (d) Whenever the defendant in any litigation in this State
15has the right to demand a physical or mental examination of the
16plaintiff pursuant to statute or Supreme Court Rule, relative
17to the occurrence and extent of injuries or damages for which
18claim is made, or in connection with the plaintiff's capacity
19to exercise any right plaintiff has, or would have but for a
20finding based upon such examination, the plaintiff has the
21right to have his or her attorney, or such other person as the
22plaintiff may wish, present at such physical or mental
23examination. The plaintiff also has the right to designate an



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1additional person to be present and video record the
2examination. The changes to this Section by this amendatory
3Act of the 103rd General Assembly apply to actions commenced
4or pending on or after the effective date of this amendatory
5Act of the 103rd General Assembly.
6    (e) No person or organization shall be required to furnish
7claims, loss or risk management information held or provided
8by an insurer, which information is described in Section
9143.10a of the "Illinois Insurance Code".
10(Source: P.A. 99-110, eff. 1-1-16.)
11    (735 ILCS 5/2-1007.1)  (from Ch. 110, par. 2-1007.1)
12    Sec. 2-1007.1. Preference in setting for trial.
13    (a) A party who is an individual or, in the case of a
14wrongful death action, is the surviving spouse or next of kin
15and who has reached the age of 67 70 years shall, upon motion
16by that party or the administrator of the estate of the
17deceased person or special administrator, be entitled to
18preference in setting for trial, which shall commence within
19one year of the hearing on the motion, unless the court finds
20that the party does not have a substantial interest in the case
21as a whole. The trial setting shall apply only to the moving
22party and to those defendants who have appeared and answered
23the complaint at the time notice of the motion for preference
24in setting for trial is served. If any new party is added to a
25lawsuit after the setting of a trial under this Section, any



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1party may move the court to amend the trial setting to allow
2for trial to commence up to one year after the date a new
3defendant appeared and answered the complaint or up to one
4year after the date a plaintiff was added to the lawsuit.
5    (b) The court shall may, in its discretion, grant a motion
6for preference in setting for trial where a party or, in the
7case of a wrongful death action, the surviving spouse or next
8of kin shows substantial physical or financial hardship or
9alternatively shows good cause that the interests of justice
10will be served by granting a preference in setting for trial
11within one year of the hearing on the motion.
12    (c) Any party may move for a trial continuance of up to 6
13months for good cause shown. Any subsequent motions for trial
14continuance under this Section shall be granted only to the
15extent necessary for trial to commence as soon as practicable.
16    (d) The changes to this Section by this amendatory Act of
17the 103rd General Assembly apply to actions commenced or
18pending on or after the effective date of this amendatory Act
19of the 103rd General Assembly.
20(Source: P.A. 86-854.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.