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IL HB0305
Bill
Status
1/8/2013
Primary Sponsor
Renee Kosel
Click for details
AI Summary
HB0305 Summary
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Establishes "Reliability in Expert Testimony Standards" as Part 29 of Article VIII of the Code of Civil Procedure, creating a framework for admitting expert and lay witness testimony.
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Limits lay witness opinions to those rationally based on their perception, helpful to understanding testimony, and not based on scientific or specialized knowledge.
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Requires expert witnesses to be qualified by knowledge, skill, experience, training, or education; base testimony on sufficient facts or data; use reliable principles and methods; and prohibits compensation contingent on case outcomes.
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Mandates pre-trial hearings upon motion to determine expert qualifications and compliance with admissibility requirements, with courts required to set forth findings of fact and conclusions of law by the final pre-trial hearing.
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Requires parties to disclose expert witnesses at least 90 days before trial, including detailed written reports containing opinions, bases, qualifications, publications, compensation, and prior testimony history for retained experts.
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Directs Illinois courts to follow U.S. Supreme Court precedent from Daubert v. Merrell Dow Pharmaceuticals and related cases in interpreting the new standards.
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Applies to actions commenced after the effective date and pending actions with trials scheduled more than 90 days after enactment; takes effect immediately.
Legislative Description
CIV PRO-TESTIMONY RELIABILITY
Last Action
Session Sine Die
1/8/2013