Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2948

Introduced
1/31/24  
Refer
1/31/24  
Refer
2/6/24  

Caption

CIV PRO-TESTIMONY RELIABILITY

Impact

The immediate impact of SB2948 is to streamline the process by which expert testimony is evaluated in civil proceedings. It mandates the qualification of experts based on clearly defined criteria and reinforces the necessity of mandatory pretrial hearings to establish whether the expert's testimony meets legal standards. This change aims to reduce the potential for unreliable or irrelevant expert testimony influencing legal outcomes, thereby enhancing the integrity of judicial processes. It highlights a significant shift towards a more evidence-based approach in civil litigation, which may ultimately affect outcomes in cases where expert opinion plays a critical role.

Summary

SB2948 amends the Illinois Code of Civil Procedure by adding regulations on the admissibility and standards for expert testimony in civil cases. The bill establishes specific criteria regarding the qualifications of expert witnesses and outlines the requirements for their testimony. Key provisions include limitations on non-expert opinion testimony and requirements for pretrial disclosures and hearings to assess the qualifications and admissibility of expert evidence. The legislation emphasizes a structured approach to ensuring that expert testimony is reliable and relevant to the facts of each case.

Contention

While SB2948 is expected to improve the quality of expert testimony, there is potential contention regarding its implications for access to courts. Critics might argue that the increased requirements for expert testimony could limit the ability of plaintiffs or defendants, particularly those with limited resources, to present necessary evidence in their cases. The financial and procedural burden of obtaining qualified expert witnesses or the complexity of navigating pretrial hearings might disadvantage smaller entities or less affluent parties in civil disputes. Thus, the bill could provoke debate about balancing the need for high-quality evidence with the right to fair and equitable access to the judicial system.

Companion Bills

No companion bills found.

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