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IL HB5807

Bill

Status

Failed

1/8/2013

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

HB5807 Summary

  • Establishes standards for lay witness opinion testimony, limiting it to opinions rationally based on the witness's perception, helpful to understanding testimony, and not requiring specialized knowledge.

  • Sets requirements for expert witness testimony, including that it must be based on sufficient facts or data, use reliable principles and methods, and reliably apply those methods to the case facts.

  • Requires courts to hold pre-trial hearings upon motion to determine expert witness qualifications and whether testimony satisfies reliability requirements, with written findings of fact and conclusions of law.

  • Mandates pre-trial disclosure of expert witnesses and, for retained or specially employed experts, submission of detailed written reports containing opinions, bases for opinions, qualifications, publications within 10 years, compensation, and prior testimony within 4 years at least 90 days before trial.

  • Prohibits expert witness compensation contingent on case outcome and applies the standards from federal Supreme Court decisions (Daubert, General Electric v. Joiner, Kumho Tire, and Weisgram) to interpret the Act.

Legislative Description

CIV PRO-TESTIMONY RELIABILITY

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules2/16/2012

Full Bill Text

No bill text available