Full Text of SB0074 102nd General Assembly
SB0074 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0074 Introduced 2/3/2021, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/Art. VIII Pt. 30 heading new | | 735 ILCS 5/8-3001 new | | 735 ILCS 5/8-3002 new | | 735 ILCS 5/8-3003 new | | 735 ILCS 5/8-3004 new | | 735 ILCS 5/8-3005 new | | 735 ILCS 5/8-3006 new | | 735 ILCS 5/8-3007 new | | 735 ILCS 5/8-3008 new | | 735 ILCS 5/8-3009 new | | 735 ILCS 5/8-3010 new | |
| Amends the Code of Civil Procedure. Provides limitations upon a nonexpert's opinion or inference testimony. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pretrial 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; and severability. Provides that the new provisions apply 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | adding Part 30 to Article VIII as follows: | 6 | | (735 ILCS 5/Art. VIII Pt. 30 heading new) | 7 | | Part 30. Expert Testimony | 8 | | (735 ILCS 5/8-3001 new) | 9 | | Sec. 8-3001. Opinion testimony by lay witnesses. If the | 10 | | witness is not testifying as an expert, the testimony of the | 11 | | witness in the form of opinions or inferences is limited to | 12 | | those opinions or inferences which are (i) rationally based on | 13 | | the perception of the witness; (ii) helpful to a clear | 14 | | understanding of the testimony of the witness or the | 15 | | determination of a fact in issue; and (iii) not based on | 16 | | scientific, technical, or other specialized knowledge within | 17 | | the scope of Section 8-3003. | 18 | | (735 ILCS 5/8-3002 new) | 19 | | Sec. 8-3002. Testimony by experts. If scientific, | 20 | | technical, or other specialized knowledge will assist the | 21 | | trier of fact to understand the evidence or to determine a fact |
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| 1 | | in issue, a witness qualified as an expert by knowledge, | 2 | | skill, experience, training, or education may testify in the | 3 | | form of an opinion or otherwise, if (i) the testimony is based | 4 | | upon sufficient facts or data; (ii) the testimony is the | 5 | | product of reliable principles and methods; and (iii) the | 6 | | witness has applied the principles and methods reliably to the | 7 | | facts of the case. | 8 | | (735 ILCS 5/8-3003 new) | 9 | | Sec. 8-3003. Bases of expert opinion testimony. The facts | 10 | | or data in the particular case upon which an expert bases an | 11 | | opinion or inference may be those perceived by or made known to | 12 | | the expert at or before the hearing. If of a type reasonably | 13 | | relied upon by experts in the particular field in forming | 14 | | opinions or inferences upon the subject, the facts or data | 15 | | need not be admissible in evidence in order for the opinion or | 16 | | inference to be admitted. Facts or data that are otherwise | 17 | | inadmissible shall not be disclosed to the jury by the | 18 | | proponent of the opinion or inference, unless the court | 19 | | determines that the probative value in assisting the jury to | 20 | | evaluate the expert's opinion substantially outweighs the | 21 | | prejudicial effect. | 22 | | (735 ILCS 5/8-3004 new) | 23 | | Sec. 8-3004. Bars to expert testimony. | 24 | | (a) A witness qualified as an expert by knowledge, skill, |
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| 1 | | experience, training, or education may offer expert testimony | 2 | | only with respect to a particular field in which the expert is | 3 | | qualified. | 4 | | (b) An expert witness may receive a reasonable and | 5 | | customary fee for the rendering of professional services; | 6 | | however, the testimony of an expert witness shall not be | 7 | | admitted if any compensation is contingent on the outcome of a | 8 | | claim or case with respect to which the testimony is being | 9 | | offered. | 10 | | (735 ILCS 5/8-3005 new) | 11 | | Sec. 8-3005. Mandatory pretrial hearing. If the witness is | 12 | | testifying as an expert, then upon motion of a party, the court | 13 | | shall hold a pretrial hearing to determine whether the witness | 14 | | qualifies as an expert and whether the expert's testimony | 15 | | satisfies the requirements of Sections 8-3002, 8-3003, and | 16 | | 8-3004. The court shall allow sufficient time for a hearing | 17 | | and shall rule on the qualifications of the witness to testify | 18 | | as an expert and whether the testimony satisfies the | 19 | | requirements of Sections 8-3002, 8-3003, and 8-3004. The | 20 | | hearing and ruling shall be completed no later than the final | 21 | | pretrial hearing. The trial court's ruling shall set forth the | 22 | | findings of fact and conclusions of law upon which the order to | 23 | | admit or exclude expert evidence is based. | 24 | | (735 ILCS 5/8-3006 new) |
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| 1 | | Sec. 8-3006. Mandatory pretrial disclosure of expert | 2 | | testimony. | 3 | | (a) Regardless of whether any party elects to request a | 4 | | pretrial hearing under Section 8-3005, each party shall | 5 | | disclose to the other parties the identity of any person who | 6 | | may be used at trial to present expert evidence. | 7 | | (b) Except as otherwise stipulated or directed by the | 8 | | court, disclosure under this Section shall, with respect to a | 9 | | witness who is retained or specially employed to provide | 10 | | expert testimony in the case or whose duties as an employee of | 11 | | the party regularly involve giving expert testimony, be | 12 | | accompanied by a written report prepared and signed by the | 13 | | witness. The report shall contain a complete statement of all | 14 | | opinions to be expressed and the basis and reasons for each; | 15 | | the data or other information considered by the witness in | 16 | | forming the opinions; any exhibits to be used as a summary of | 17 | | or support for the opinions; the qualifications of the | 18 | | witness, including a list of all publications authored by the | 19 | | witness within the preceding 10 years; the compensation to be | 20 | | paid for the study and testimony; and a listing of any other | 21 | | cases in which the witness has testified as an expert at trial | 22 | | or by deposition within the preceding 4 years. | 23 | | (c) Disclosures under this Section shall be made at the | 24 | | times and in the sequence directed by the court. In the absence | 25 | | of other directions from the court or stipulation by the | 26 | | parties, the disclosures shall be made at least 90 days before |
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| 1 | | the trial date or the date the case is to be ready for trial | 2 | | or, if the evidence is intended solely to contradict or rebut | 3 | | evidence on the same subject matter identified by another | 4 | | party under subsection (b), within 30 days after the | 5 | | disclosure made by the other party. | 6 | | (d) A party may depose any person who has been identified | 7 | | as an expert whose opinions may be presented at trial. If a | 8 | | report from the expert is required under paragraph (b), the | 9 | | deposition shall not be conducted until after the report is | 10 | | provided. | 11 | | (735 ILCS 5/8-3007 new) | 12 | | Sec. 8-3007. Interpretation. In interpreting and applying | 13 | | this Part, the courts of this State shall follow the opinions | 14 | | of the United States Supreme Court in Daubert v. Merrell Dow | 15 | | Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric | 16 | | Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co. Ltd. v. | 17 | | Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley, 528 U.S. | 18 | | 440 (2000), and their progeny; moreover, the courts of this | 19 | | State may draw from other precedents applying the standards | 20 | | announced by the United States Supreme Court in the foregoing | 21 | | cases and binding in the federal courts of this State. | 22 | | (735 ILCS 5/8-3008 new) | 23 | | Sec. 8-3008. Interlocutory appeal. Interlocutory appeal of | 24 | | a ruling on the admissibility of expert evidence shall be |
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| 1 | | available at the discretion of the appellate court. In | 2 | | deciding whether to grant the interlocutory appeal, the court | 3 | | shall consider whether: (i) the ruling involved any challenge | 4 | | to the constitutionality of this Part; (ii) the ruling will | 5 | | help prove or disprove criminal liability; or (iii) the ruling | 6 | | will help establish civil liability at or above $75,000, where | 7 | | the testimony could be outcome-determinative for establishing | 8 | | liability or determining damages. Neither a party's failure to | 9 | | seek interlocutory appeal nor an appellate court's decision to | 10 | | deny a motion for interlocutory appeal shall waive a party's | 11 | | right to appeal a ruling on the admissibility of expert | 12 | | evidence after an entry of judgment in the case. | 13 | | (735 ILCS 5/8-3009 new) | 14 | | Sec. 8-3009. Standard of review. | 15 | | (a) The proper construction of the expert evidence | 16 | | admissibility framework under this Part is a question of law; | 17 | | therefore, the reviewing court shall apply a de novo standard | 18 | | of review in determining whether the trial court fully applied | 19 | | the proper legal standard in considering the admissibility of | 20 | | expert evidence. | 21 | | (b) The application of this Part to determine the | 22 | | admissibility of expert testimony is a question of fact; | 23 | | therefore, the reviewing court shall apply an abuse of | 24 | | discretion standard in determining whether the trial court | 25 | | properly admitted or excluded particular expert evidence. |
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| 1 | | (735 ILCS 5/8-3010 new)
| 2 | | Sec. 8-3010. Application. This Part applies to all actions | 3 | | commenced on or after the effective date of this amendatory | 4 | | Act of the 102nd General Assembly
and to all pending actions in | 5 | | which trial has not been scheduled or in which trial has been | 6 | | scheduled in excess of 90 days after the effective date of this | 7 | | amendatory Act of the 102nd General Assembly. | 8 | | Section 97. Severability. The provisions of this Act are | 9 | | severable under Section 1.31 of the Statute on Statutes.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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