Illinois Administrative Code
Title 50 - INSURANCE
Part 9030 - ARBITRATION
Section 9030.60 - Depositions
Current through Register Vol. 48, No. 12, March 22, 2024
a) Evidence depositions of any witness may be taken before a hearing, by stipulation of the parties. If there is no agreement as to the deposition, the Arbitrator or Commissioner shall hold a hearing and may issue an order, called a dedimus potestatem, pursuant to Section 16 of the Act. In ruling on an Application for Dedimus Potestatem, the Arbitrator or Commissioner shall give consideration to the judgment of the applicant. Evidence depositions of any witness may be taken after the hearing begins only by stipulation of the parties or upon Order of the Arbitrator or Commissioner, for good cause shown. Except as provided in subsection (f), an Application for Dedimus Potestatem shall be in writing and shall contain the following:
b) The time for taking depositions pursuant to the issuance of the dedimus potestatem shall be on a date set not less than 10 days after the issuance of the dedimus potestatem.
c) Notice and Objection
d) Except as provided in subsection (f), notice of the issuance of the dedimus potestatem shall be given in sufficient time so that the receipt of the copy of the dedimus potestatem shall not be less than 10 days before the date set for the taking of the deposition. If the deposition is to be taken by written interrogatories, those interrogatories shall be filed in triplicate with the Application for Dedimus Potestatem and a copy of the interrogatories shall be attached to the copy of the dedimus potestatem mailed to each party. If cross-interrogatories are desired, they shall be filed with the Commission not more than 5 days after the receipt of the written interrogatories, and the party filing them shall mail a copy, within the same period of time, to the applicant for dedimus potestatem.
e) No dedimus potestatem shall be issued to take the depositions of any medical witnesses:
f) Exceptions
g) When any party takes an evidence deposition, that deposition shall be filed and become part of the record as an exhibit of the party who applied for the dedimus to take the deposition, unless the parties agree otherwise.
h) All objections to questions propounded or answers adduced in the evidence deposition shall be fully explained on the record of the deposition. It shall be the duty of the hearing officer to note his or her ruling on each objection in the margin of the transcript of the deposition or at a hearing on the record.