Illinois Compiled Statutes 735 Civil Procedure: Article VIII - Evidence

Part 1. Interested Person as Witness

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-101
  Interested witness. No person shall be disqualified as a witness in any action or proceeding, except as hereinafter stated, by reason of his or...

Part 2. Dead-man's Act.

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-201
  Dead-Man's Act. In the trial of any action in which any party sues or defends as the representative of a deceased person or person under...

Part 3. Surviving Partner or Joint-contractor

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-301
  Surviving partner or joint-contractor. In any action or proceeding by or against any surviving partner or partners, or joint contractor or joint contractors, no...

Part 4. Account Books and Records

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-401
  Account books and records. Where in any action or proceeding, the claim or defense is founded on a book account or any other record...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-402
  Production of books and writings. The circuit courts shall have power, in any action pending before them, upon motion, and good and sufficient cause...

Part 5. Effect of Release or Assignment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-501
  Release or assignment. In any action or proceeding, any person who would, if a party thereto, be incompetent to testify therein under the provisions...

Part 6. Certain Laws Unaffected

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-601
  Laws not affected. Nothing in this Article shall in any manner affect the laws now existing relating to the settlement of the estates of...

Part 7. Broadcast or Televised Testimony

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-701
  Broadcast or televised testimony. No witness shall be compelled to testify in any proceeding conducted by a commission, administrative agency or other tribunal in this...

Part 8. Privileged Communications

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-801
  Husband and wife. In all actions, husband and wife may testify for or against each other, provided that neither may testify as to any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-802
  Physician and patient. No physician or surgeon shall be permitted to disclose any information he or she may have acquired in attending any patient in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-802.1
  Confidentiality of Statements Made to Rape Crisis Personnel. (a) Purpose. This Section is intended to protect victims of rape from public disclosure of statements they...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-802.2
  Confidentiality of statements made to personnel counseling victims of violent crimes. (a) Purpose. This Section is intended to protect victims of violent crimes from...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-802.3
  Informant's privilege. (a) Except as provided in subsection (b), if an individual (i) submits information concerning a criminal act to a law enforcement agency or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-803
  Clergy. A clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs, shall not be compelled...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-803.5
  Union agent and union member. (a) Except when required in subsection (b) of this Section, a union agent, during the agency or representative relationship or...

Part 9. Reporter's Privilege

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-901
  Source of information. No court may compel any person to disclose the source of any information obtained by a reporter except as provided in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-902
  Definitions. As used in this Act: (a) "Reporter" means any person regularly engaged in the business of collecting, writing or editing news for publication...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-903
  Application to court. (a) In any case, except a libel or slander case, where a person claims the privilege conferred by Part 9 of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-904
  Contents of application. The application provided in Section 8-903 of this Act shall allege: the name of the reporter and of the news medium...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-905
  Civil Proceeding. All proceedings in connection with obtaining an adjudication upon the application not otherwise provided in Part 9 of Article VIII of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-906
  Consideration by court. In granting or denying divestiture of the privilege provided in Part 9 of Article VIII of this Act the court shall...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-907
  Court's findings. An order granting divestiture of the privilege provided in Part 9 of Article VIII of this Act shall be granted only if...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-908
  Privilege continues during pendency of appeal. In case of an appeal the privilege conferred by Part 9 of Article VIII of this Act remains...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-909
  Contempt. A person refusing to testify or otherwise comply with the order to disclose the source of the information as specified in such order,...

Part 9.1. Voter's Privilege

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-910
  No person shall be compelled to disclose, in any proceeding conducted by a court, commission, administrative agency or other tribunal in the State, the...

Part 9.2. Interpreter's Privilege

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-911
  Language interpreter's privilege. (a) A "language interpreter" is a person who aids a communication when at least one party to the communication has a language...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-912
  Interpreter for the deaf and hard of hearing's privilege. (a) An "interpreter for the deaf and hard of hearing" is a person who aids communication...

Part 10. Judicial Notice

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1001
  Courts of original jurisdiction. Every court of original jurisdiction, in addition to the matters of which courts of original jurisdiction have heretofore been required...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1002
  Courts of appellate jurisdiction. Upon the review by any court of appellate jurisdiction of a judgment or order of a circuit court the court...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1003
  Common law and statutes. Every court of this state shall take judicial notice of the common law and statutes of every state, territory and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1004
  Information of the court. The court may inform itself of such laws in such manner as it may deem proper, and the court may...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1005
  Ruling reviewable. The determination of such laws shall be made by the court and not by the jury, and shall be reviewable. (Source: P.A.
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1006
  Evidence as to laws of other jurisdictions. Any party may also present to the trial court any admissible evidence of such laws, but, to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1007
  Foreign country. The law of a jurisdiction other than those referred to in Section 8-1003 of this Act shall be an issue for the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1008
  Interpretation. Sections 8-1003 through 8-1007 of this Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1009
  Short title of uniform Act. Sections 8-1003 through 8-1008 of this Act may be cited as the Uniform Judicial Notice of Foreign Law Act....

Part 11. Statutes and Reports

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1101
  Publications covered by uniform Act. Printed books or pamphlets purporting on their face to be the session or other statutes of any of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1102
  Uniformity of interpretation. Section 8-1101 of this Act shall be so interpreted and construed as to effectuate its general purposes to make uniform the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1103
  Short title of uniform Act. Sections 8-1101 and 8-1102 of this Act may be cited as the Uniform Proof of Statutes Act. (Source: P.A.
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1104
  Printed statutes. (a) The printed statute books of the United States, and of this State, and of the several states, of the territories and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1105
  Foreign statutes. The laws of the other states and territories, when certified by the Secretary of State of that state or territory, shall be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1106
  Reports of courts. The books of reports of decisions of the supreme court, and other courts of the United States, of this state, and...

Part 12. Records and Patents

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1201
  Printed copies. Printed copies of schedules, classifications and tariffs of rates, fares and charges, and supplements to any such schedules, classifications and tariffs filed...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1202
  Court records. The papers, entries and records of courts may be proved by a copy thereof certified under the signature of the clerk having...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1203
  Municipal records. The papers, entries, records and ordinances, or parts thereof, of any city, village, town or county, may be proved by a copy...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1204
  Corporate records. The papers, entries and records of any corporation or incorporated association may be proved by a copy thereof, certified under the signature...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1205
  Form of certificate. The certificate of any such clerk of a court, city, village, town, county, or secretary, clerk, cashier, or other keeper of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1206
  Sworn copies. Any such papers, entries, records and ordinances may be proved by copies examined and sworn to by credible witnesses. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1207
  Penalty. If any officer, clerk, secretary, cashier, or other person authorized to certify copies of any papers, entries, records or ordinances, knowingly makes a...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1208
  Official certificate - Land office. The official certificate of any register or receiver of any land office of the United States, to any fact...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1209
  Patents for land. A patent for land shall be deemed and considered a better legal and paramount title in the patentee, his or her...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1210
  State patents. In all cases where any lands or lots have been or may be sold by this State or any of the officers...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1211
  State land sales. Copies of the books and entries of the sale of all lands or lots heretofore or that hereafter may be sold...

Part 13. Surveys

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1301
  Surveys. All testimony that has been or may hereafter be taken by commissions of surveyors for the establishing of original corners of land, shall...

Part 14. Interpreters

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1401
  Language interpreter. Interpreters may be sworn truly to interpret, when necessary. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1402
  Accommodation for hearing disability. Whenever any deaf person is a party to any legal proceeding of any nature, or a juror or witness therein,...

Part 15. Proof of Handwriting

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1501
  Comparison. In all courts of this State it shall be lawful to prove handwriting by comparison made by the witness or jury with writings...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1502
  Notice. Before a standard of writing is admitted in evidence by the court for comparison, such notice thereof as under all circumstances of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1503
  Opportunity to examine. A reasonable opportunity to examine such proposed standards shall on motion duly made be accorded the opposite party, his or her...

Part 16. Proof of Deeds and Writings

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1601
  Execution of deed. Whenever any deed, mortgage, conveyance, release, power of attorney or other writing of, or relating to the sale, conveyance or other...

Part 17. Title to Land of Illinois Central Railroad

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1701
  Commissioner's tract list, map, etc. - evidence. Whenever it becomes necessary, in any judicial proceeding, to prove the title of the Illinois Central Railroad...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1702
  Appointment of trustees. A copy of the commission issued by the governor or by the president of the railroad company to any successor of...

Part 18. Claims Regarding Work on Realty

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1801
  Presumptive proof. Any work or service on real property or any product incorporated therein to become part of such real property which does not...

Part 19. Admission of Liability

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-1901
  Admission of liability - Effect. The providing of, or payment for, medical, surgical, hospital, or rehabilitation services, facilities, or equipment by or on behalf of...

Part 20. Inspection of Records

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2001
  Examination of health care records. (a) In this Section: "Health care facility" or "facility" means a public or private hospital, ambulatory surgical treatment center, nursing...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2001.5
  Authorization for release of a deceased patient's records. (a) In addition to disclosure allowed under Section 8-802, a deceased person's health care records must be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2002
  Application. (a) Part 20 of Article VIII of this Act does not apply to the records of patients, inmates, or persons being examined, observed...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2003
  (Repealed). (Source: P.A. 93-87, eff. 7-2-03. Repealed by P.A. 95-478, eff. 1-1-08.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2004
  (Repealed). (Source: P.A. 92-228, eff. 9-1-01. Repealed by P.A. 93-87, eff. 7-2-03.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2005
  Attorney's records. This Section applies only if a client and his or her authorized attorney have complied with all applicable legal requirements regarding examination and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2006
  Copying fees; adjustment for inflation. Beginning in 2003, every January 20, the copying fee limits established in Sections 8-2001 and 8-2005 shall automatically be increased...

Part 21. Medical Studies

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2101
  Information obtained. All information, interviews, reports, statements, memoranda, recommendations, letters of reference or other third party confidential assessments of a health care practitioner's professional...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2102
  Admissibility as evidence. Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence, nor discoverable in any action...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2103
  Furnishing information. The furnishing of such information in the course of a research project to the Illinois Department of Public Health, Illinois State Medical...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2104
  Interviews. No patient, patient's relatives, or patient's friends named in any medical study, shall be interviewed for the purpose of such study unless consent...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2105
  Improper disclosure. The disclosure of any information, records, reports, statements, notes, memoranda or other data obtained in any such medical study except that necessary...

Part 22. Coroner's Records

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2201
  Admissibility of coroner's records. In actions or proceedings for the recovery of damages arising from or growing out of injuries caused by the negligence...

Part 23. Perpetuating Testimony

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2301
  Perpetuation of testimony. Any person may take the deposition of a witness to perpetuate the remembrance of any fact, matter or thing, relating to...

Part 24. Application to Criminal Cases

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2401
  Application to criminal cases. The provisions of Article VIII of this Act shall apply to criminal cases, unless expressly provided otherwise or unless such...

Part 25. Expert Witness Standards

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2501
  Expert Witness Standards. In any case in which the standard of care given by a medical profession is at issue, the court shall apply the...

Part 26. Minors

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2601
  (a) An out-of-court statement made by a child under the age of 13 describing any act of child abuse or any conduct involving an...

Part 27. Elder Adults

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2701
  Admissibility of evidence; out of court statements; elder abuse. (a) An out of court statement made by an eligible adult, as defined in the Adult...

Part 28. Prior Sexual Activity or Reputation as Evidence (Source: P. A. 96-307, Eff. 1-1-10.)

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 8-2801
  Admissibility of evidence; prior sexual activity or reputation. (a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided...

Last modified: February 18, 2015