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IL SB0721
Bill
AI Summary
SB0721 Summary
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Establishes new framework for expert witness testimony in Illinois civil litigation, modeled on federal Daubert standards requiring opinions be based on sufficient facts, reliable principles and methods, and reliable application to case facts.
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Requires mandatory pre-trial hearings upon motion to determine if witnesses qualify as experts and whether testimony meets admissibility requirements; courts must issue findings of fact and conclusions of law by final pre-trial conference.
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Mandates pre-trial disclosure of all expert witnesses with written reports signed by retained experts containing opinions, bases, data, qualifications, publications within 10 years, compensation, and prior testimony within 4 years; disclosures due at least 90 days before trial or within 30 days for rebuttal evidence.
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Prohibits expert compensation contingent on case outcome and limits expert testimony to fields where expert is qualified; non-expert lay witnesses may offer opinions only if rationally based on their perceptions and not involving specialized knowledge.
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Permits interlocutory appeals of expert admissibility rulings at appellate court discretion when involving constitutional challenges, criminal liability, or civil liability exceeding $75,000; applies to actions commenced after effective date and pending actions with trials scheduled 90+ days out.
Legislative Description
CIV PRO-TESTIMONY RELIABILITY
Last Action
Session Sine Die
1/9/2019