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Givens v. Renteria12/12/2003
e was taken at that hearing. In the absence of findings which would justify foregoing an evidentiary hearing, the circuit court erred in not having such a hearing." Smith, 201 Ill. App. 3d at 1009, citing Beno v. McNew, 186 Ill. App. 3d 359 (1989).
The Smith case is inapposite to this one. First and foremost, Smith does not deal with the necessity of an evidentiary hearing when a violation of Rule 91 is implicated. Second, Smith recognizes the chance for circumstances when, as now, the trial court is sufficiently well informed so as to be able to render a proper decision. Third, Smith did not address the impact of an offer of proof on this type of case. Here the defendants were afforded the opportunity to fully brief the matter, orally argue it and make an offer of proof. The offer consisted of a narrative of the proposed testimony to be given by those persons whose affidavits were already before the trial court. The trial court considered all of those things yet did not see the necessity for live testimony to repeat the information contained in the affidavits attached to the pleadings. Additionally, the trial court was well aware of the supreme court rule stating that " n arbitrator may not be called to testify as to what transpired before the arbitrators and no reference to the fact of the conduct of the arbitration hearing may be made at trial." 166 Ill. 2d R. 93(b). Based upon our review of the record in this case, we cannot say the trial court's decision or conduct was an abuse of discretion.
CONCLUSION
In light of the foregoing, the decision of the trial court is hereby affirmed.
Affirmed.
Campbell, P.J. and Hartigan, J., concur.
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