Legislative Developments

Daubert and Federal Rules of Evidence

Illinois Courts still apply the Frye test for the admissibility of expert testimony. A pending bill is attempting to change that. House Bill 5293 (Kosel, R-Mokena) amends the Code of Civil Procedure to adopt Federal Rules of Evidence 701-703 governing opinion testimony by lay witnesses and expert witnesses and the bases of expert opinion testimony. Creates new statute changing disclosure of expert witnesses that includes a mandatory pre-trial hearing for them. Also requires that Illinois courts follow Daubert and Kumho and their progeny. Currently in the House Judiciary Committee.

Venue in Civil Actions

House Bill 5289 (Tracy, R-Mt. Sterling) makes several changes to the venue statute, including the following. (1) A corporation is resident of a county where it has its registered office or other office. (Not where it is doing business.) (2) An insurance company may be sued only in the county in which some part of the transaction occurred or where it is considered to be a resident. Currently in the House Judiciary Committee.

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