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IL HB0305

Bill

Status

Failed

1/8/2013

Primary Sponsor

Renee Kosel

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

HB0305 Summary

  • 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.

  • Limits lay witness opinions to those rationally based on their perception, helpful to understanding testimony, and not based on scientific or specialized knowledge.

  • 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.

  • 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.

  • 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.

  • Directs Illinois courts to follow U.S. Supreme Court precedent from Daubert v. Merrell Dow Pharmaceuticals and related cases in interpreting the new standards.

  • 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

Committee Referrals

Rules3/17/2011
Judiciary I - Civil Law2/8/2011
Rules1/31/2011

Full Bill Text

No bill text available