Article II. Civil Practice · Part 10. Pre-trial Steps · Last amended 2023 · Last verified July 20, 2026
In one sentenceSection 2-1003 leaves the mechanics of discovery to the Supreme Court's rules but carves out two specific protections: a plaintiff ordered to a defense medical exam may bring an attorney or chosen companion and have someone video record the exam, and no one has to hand over an insurer's claims or loss-management information described in the Insurance Code.
Full Text of 735 ILCS 5/2-1003
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(a)Discovery, such as admissions of fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories, shall be in accordance with rules. (b) (Blank). (c) (Blank).
(d)Whenever the defendant in any litigation in this State has the right to demand a physical or mental examination of the plaintiff pursuant to statute or Supreme Court Rule, relative to the occurrence and extent of injuries or damages for which claim is made, or in connection with the plaintiff's capacity to exercise any right plaintiff has, or would have but for a finding based upon such examination, the plaintiff has the right to have his or her attorney, or such other person as the plaintiff may wish, present at such physical or mental examination. The plaintiff also has the right to designate an additional person to be present and video record the examination. The changes to this Section by this amendatory Act of the 103rd General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 103rd General Assembly.
(e)No person or organization shall be required to furnish claims, loss or risk management information held or provided by an insurer, which information is described in Section 143.10a of the "Illinois Insurance Code".
Plain-English Summary
Section 2-1003 does not itself spell out how discovery works in an Illinois civil case. Admissions of fact and of the genuineness of documents, physical and mental examinations, depositions, and interrogatories are all governed by rules rather than by this statute's own detailed procedure, so practitioners look to the applicable Supreme Court rules for the day-to-day mechanics.
What the statute does add is a pair of specific protections. Whenever a defendant has the right to demand a physical or mental examination of the plaintiff regarding injuries, damages, or the plaintiff's capacity to exercise a right, Section 2-1003(d) gives the plaintiff the right to have an attorney, or any other person the plaintiff chooses, present at that examination — and separately, the right to designate someone to video record it.
The other protection runs the other direction, shielding information from discovery rather than granting a right to attend something. Section 2-1003(e) says no person or organization has to furnish claims, loss, or risk-management information held or provided by an insurer, where that information falls within the description in Section 143.10a of the Illinois Insurance Code.
Frequently Asked Questions
Does Section 2-1003 set out Illinois's discovery rules in detail?
No. It states that admissions of fact and of documents, depositions, interrogatories, and physical and mental examinations proceed in accordance with rules, leaving the detailed procedure to the applicable Supreme Court rules rather than this statute.
Can I bring someone with me to a court-ordered medical examination?
Yes. Section 2-1003(d) gives a plaintiff ordered to undergo a physical or mental examination the right to have an attorney, or any other person the plaintiff wishes, present at the examination.
Can I record my own defense medical examination?
Yes. Section 2-1003(d) also gives the plaintiff the right to designate an additional person to be present and video record the examination.
What kind of insurance information is protected from discovery under Section 2-1003?
Claims, loss, or risk-management information held or provided by an insurer, of the kind described in Section 143.10a of the Illinois Insurance Code. Section 2-1003(e) says no one is required to furnish that information.
Does subsection (d) apply to physical exams, mental exams, or both?
Both. It applies whenever a defendant has the right to demand a physical or mental examination of the plaintiff relative to injuries or damages claimed, or to the plaintiff's capacity to exercise a right.
Amendment History
(Source: P.A. 103-388, eff. 7-28-23.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois defense medical exam attorney presentrecording an independent medical examination illinoisdiscovery and depositions illinois civil procedure