An Illinois Expert Referral Order is a court order issued by the Circuit Court of the State of Illinois that allows a party to obtain the services of an expert witness. This type of order is used when the expert's testimony is necessary to aid the court in determining a legal dispute. There are two types of Illinois Expert Referral Order: limited and full. A limited order only allows for the expert to testify on a limited basis, and a full order allows for the expert to testify at a hearing or trial. The court will evaluate the type of expertise required and the amount of time needed before issuing the order.
Illinois Expert Referral Order
State:
Illinois
Control #:
IL-SKU-2841
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PDF
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Expert Referral Order
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FAQ
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
Evid. 702. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Rule 902 addresses the problem of multiple proceedings that may occur intrastate and intra-circuit. Multiple proceedings may arise intra-circuit when parties file for relief under different statutory provisions (e.g., an abuse case and a simultaneous guardianship case).
If there is more than one other party in the case, the requesting party must give copies to all other parties. A party who receives interrogatories has 28 days to answer or object.
The most important aspect of Rule 213 is the requirement that parties disclose the identity of any witnesses they plan to call at trial to provide expert testimony as well as a written report detailing the opinions and basis for those opinions of the witness.
Rule 213(f)(1) permits a lay witness to give "fact or lay opinion testimony," provided that the offering party has identified "the subjects on which the witness will testify." Ill. S. Ct.