Supreme Court Rule 90C
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ADR Systems uses a modified version of these rules. Any specific changes to any contract rules can be made by request directly to ADR Systems.
1) Powers of ArbitratorsThe arbitrator or mediator ("neutral") shall have the power to administer oaths and affirmations to witnesses, to determine the admissibility of evidence and to decide the law and the facts of the case. Rulings on objections to evidence or on other issues consists of more than one neutral.
2) Rules of Evidence
Unless otherwise agreed by the parties, the established rules of evidence shall be followed in all hearing before neutrals.
3) Documents Presumptively Admissible
Unless a lesser time is agreed to by the parties, if at least 10 days' written notice of the intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or proof:
a) bills, records and reports of hospitals, doctors, dentists, registered nurses, licensed practical nurses and physical therapists, or other health-care providers;
b) bills for drugs, medical appliances and prostheses;
c) property repair bills or estimates, when identified and itemized setting forth the charges for labor and material used or proposed for use in the repair of the property;
(d) a report of the rate of earnings and time lost from work or lost compensation prepared by an employer;
(e) the written opinion of an expert, the deposition of a witness, the statement of a witness which the witness would be allowed to express if testifying in person, if the statement is made by affidavit or certification as provided in section 1-109 of the Code of Civil Procedure;
(f) any other document not specifically covered by any of the foregoing provisions, and which is otherwise admissible under the rules of evidence.
a) bills, records and reports of hospitals, doctors, dentists, registered nurses, licensed practical nurses and physical therapists, or other health-care providers;
b) bills for drugs, medical appliances and prostheses;
c) property repair bills or estimates, when identified and itemized setting forth the charges for labor and material used or proposed for use in the repair of the property;
(d) a report of the rate of earnings and time lost from work or lost compensation prepared by an employer;
(e) the written opinion of an expert, the deposition of a witness, the statement of a witness which the witness would be allowed to express if testifying in person, if the statement is made by affidavit or certification as provided in section 1-109 of the Code of Civil Procedure;
(f) any other document not specifically covered by any of the foregoing provisions, and which is otherwise admissible under the rules of evidence.
4) Opinions of Expert Witnesses
A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than 30 days prior to the date of hearing, unless a lesser time is agreed to by the parties, accompanied by a statement containing the identity of the expert, his qualifications, the subject matter, the basis of his conclusions, and his opinion.
5) Right to Subpoena Maker of the Document
Any other party may subpoena the author or maker of a document admissible under these rules, at that party's expense, ad examine the author or maker as if under cross-examination.
6) Adverse Examination of Parties or Agents
Any party to the arbitration or mediation, or any person for whose immediate benefit the action is prosecuted or defended, or the officers, directors, managing agents or foreman of any party to the action, may be called and examined as if under cross-examination at the instance of any adverse party. The party calling for the examination is not concluded thereby but may rebut the testimony thus given by counter testimony and may impeach the witness by proof of prior inconsistent statements.
7) Compelling Appearance of Witness at Hearing
Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the fee and mileage has been tendered. Service of a subpoena by mail may be proved prima facie by a return receipt showing delivery to the witness or his or her authorized agent by certified or registered mail at least seven days before the date on which appearance is required and an affidavit showing that the mailing was prepaid and was addressed to the witness, restricted delivery, with a check or money order for the fee and mileage enclosed.
