2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 5/ - Code of Civil Procedure. › Article VIII - Evidence

(735 ILCS 5/Art. VIII heading)
ARTICLE VIII
EVIDENCE
(735 ILCS 5/Art. VIII Pt. 1 heading)
Part 1.  
		Interested Person as Witness
(735 ILCS 5/8-101) (from Ch. 110, par. 8-101)
Sec. 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 her interest in the
event thereof, as a party or otherwise, or by reason of his or her
conviction of any crime; but such interest or conviction may be shown
for the purpose of affecting the credibility of such witness; and the
fact of such conviction may be proven like any fact not of record,
either by the witness himself or herself (who shall be compelled to testify
thereto) or by any other witness cognizant of such conviction, as
impeaching testimony, or by any other competent evidence.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 2 heading)
Part 2.  
		Dead-Man's Act.
(735 ILCS 5/8-201) (from Ch. 110, par. 8-201)
Sec. 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 a legal disability,
no adverse
party or person directly interested in the action shall be allowed to
testify on his or her own behalf to any conversation with the deceased or
person under legal disability or to any event which took place in the presence of
the deceased or person under legal disability, except in the following instances:
(a) If any person testifies on behalf of the representative to any
conversation with the deceased or person under legal disability or to any event
which took place in the presence of the deceased or person under legal disability,
any adverse party or interested person, if otherwise competent, may
testify concerning the same conversation or event.
(b) If the deposition of the deceased or person under legal disability is
admitted in evidence on behalf of the representative, any adverse party
or interested person, if otherwise competent, may testify concerning the
same matters admitted in evidence.
(c) Any testimony competent under Section 8-401 of this Act, is not
barred by this Section.
(d) No person shall be barred from testifying as to any fact
relating to the heirship of a decedent.
As used in this Section:
(a) "Person under legal disability" means any person who is adjudged by the
court in the pending civil action to be unable to testify by reason of
mental illness, an intellectual disability, or deterioration of mentality.
(b) "Representative" means an executor, administrator, heir or legatee
of a deceased person and any guardian or trustee of any such
heir or legatee, or a guardian or guardian ad
litem for a person under legal disability.
(c) "Person directly interested in the action" or "interested
person" does not include a person who is interested solely as executor,
trustee or in any other fiduciary capacity, whether or not he or she receives
or expects to receive compensation for acting in that capacity.
(d) This Section applies to proceedings filed on or
after October 1, 1973.
(Source: P.A. 97-227, eff. 1-1-12.)
(735 ILCS 5/Art. VIII Pt. 3 heading)
Part 3.  Surviving Partner or Joint Contractor
(Source: P.A. 102-558, eff. 8-20-21.)
(735 ILCS 5/8-301) (from Ch. 110, par. 8-301)
Sec. 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 adverse
party or person adversely interested in the event thereof, shall, by
virtue of Section 8-101 of this Act, be rendered a competent witness to
testify to any admission or conversation by any deceased partner or
joint contractor, unless some one or more of the surviving partners or
joint contractors were also present at the time of such admission or
conversation; and in every action or proceeding a party to the
same who has contracted with an agent of the adverse party - the agent
having since died - shall not be a competent witness as to any admission
or conversation between himself or herself and such agent, unless such admission or
conversation with the deceased agent was had or made in the
presence of a surviving agent or agents of such adverse party, and then
only except where the conditions are such that under the provisions of
Sections 8-201 and 8-401 of this Act he or she would have been permitted to
testify if
the deceased person had been a principal and not an agent.
(Source: P.A. 102-558, eff. 8-20-21.)
(735 ILCS 5/Art. VIII Pt. 4 heading)
Part 4.  
		Account Books and Records
(735 ILCS 5/8-401) (from Ch. 110, par. 8-401)
Sec. 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 or
document, any party or interested person may testify to his or her account
book, or any other record or document and the items therein contained; that
the same is a book, record, or document of original entries, and that the
entries therein were made by himself or herself, and are true and just; or
that the same were made by a deceased person, or by a disinterested person, a
non-resident person of the state at the time of the trial, and where
made by such deceased or non-resident person in the usual course of
trade, and of his or her duty or employment to the party so testifying; and
thereupon the account book and entries or any other record or
document shall be admitted as evidence in the cause. Where such book of
original entries or any other record or document has been photographed,
microphotographed, microfilmed, optical imaged, or otherwise reproduced
either in the
usual course of business, or pursuant to any statute of this State
authorizing the reproduction of public records, papers or documents, and
the reproduction, in either case, complies with the minimum standards of
quality for permanent records approved by the State Records
Commission, then such reproduction shall be deemed to be an original
record, book or document for all purposes, including introduction in
evidence in all courts or administrative agencies.
(Source: P.A. 87-205; 88-609, eff. 9-1-94.)
(735 ILCS 5/8-402) (from Ch. 110, par. 8-402)
Sec. 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 shown, and reasonable notice thereof given, to require
the parties, or either of them, to produce books or writings in their
possession or power which contain evidence pertinent to the issue.
(Source: P.A. 92-651, eff. 7-11-02.)
(735 ILCS 5/Art. VIII Pt. 5 heading)
Part 5.  
		Effect of Release or Assignment
(735 ILCS 5/8-501) (from Ch. 110, par. 8-501)
Sec. 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 of Section 8-201 or Section 8-401 of this Act, shall
not become competent by reason of any assignment or release of his or her
claim, made for the purpose of allowing such person to testify.
(Source: P.A. 87-760.)
(735 ILCS 5/Art. VIII Pt. 6 heading)
Part 6.  
		Certain Laws Unaffected
(735 ILCS 5/8-601) (from Ch. 110, par. 8-601)
Sec. 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 deceased
persons, minors, persons under legal disability who have guardians,
or to the acknowledgment or
proof of deeds and other conveyances relating to real estate, in order
to entitle the same to be recorded, or to the attestation of the
execution of last wills or of any other instrument
required by law to be attested.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 7 heading)
Part 7.  
		Broadcast or Televised Testimony
(735 ILCS 5/8-701) (from Ch. 110, par. 8-701)
Sec. 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 State if any portion of his or her testimony is to be
broadcast or televised or if motion pictures are to be taken of him or her
while he or she is testifying. This Section shall not apply to judicial proceedings.
(Source: P.A. 97-1099, eff. 8-24-12.)
(735 ILCS 5/Art. VIII Pt. 8 heading)
Part 8.  
		Privileged Communications
(735 ILCS 5/8-801) (from Ch. 110, par. 8-801)
Sec. 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
communication or admission made by either of them to the other or as to
any conversation between them during marriage, except in actions between
such husband and wife, and in actions where the custody,
support, health or welfare of
their children or children in either spouse's care, custody or control
is directly in issue, and as to matters in which either
has acted as agent for the other.
(Source: P.A. 83-408.)
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
Sec. 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 a professional character, necessary to enable him
or her professionally to serve the patient, except only (1) in trials for
homicide when the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or criminal, against
the physician for malpractice, (3) with the expressed consent of the
patient, or in case of his or her death or disability, of his or her
personal representative or other person authorized to sue for personal
injury or of the beneficiary of an insurance policy on his or her life,
health, or physical condition, or as authorized by Section 8-2001.5, (4) in all actions brought by or against the
patient, his or her personal representative, a beneficiary under a policy
of insurance, or the executor or administrator of his or her estate wherein
the patient's physical or mental condition is an issue, (5) upon an issue
as to the validity of a document as a will of the patient, (6) (blank), (7) in actions, civil or criminal, arising
from the filing of a report in compliance with the Abused and Neglected
Child Reporting Act, (8) to any department, agency, institution
or facility which has custody of the patient pursuant to State statute
or any court order of commitment, (9) in prosecutions where written
results of blood alcohol tests are admissible pursuant to Section 11-501.4
of the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section 5-11a of the
Boat Registration and Safety Act,
 (11) in criminal actions arising from the filing of a report of suspected
terrorist offense in compliance with Section 29D-10(p)(7) of the Criminal Code
of 2012, (12) upon the issuance of a subpoena pursuant to Section 38 of the Medical Practice Act of 1987; the issuance of a subpoena pursuant to Section 25.1 of the Illinois Dental Practice Act; the issuance of a subpoena pursuant to Section 22 of the Nursing Home Administrators Licensing and Disciplinary Act; or the issuance of a subpoena pursuant to Section 25.5 of the Workers' Compensation Act, (13) upon the issuance of a grand jury subpoena pursuant to Article 112 of the Code of Criminal Procedure of 1963, or (14) to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with State or federal law.
Upon disclosure under item (13) of this Section, in any criminal action where the charge is domestic battery, aggravated domestic battery, or an offense under Article 11 of the Criminal Code of 2012 or where the patient is under the age of 18 years or upon the request of the patient, the State's Attorney shall petition the court for a protective order pursuant to Supreme Court Rule 415.
In the event of a conflict between the application of this Section
and the Mental Health and Developmental Disabilities Confidentiality
Act to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act shall control.
(Source: P.A. 101-13, eff. 6-12-19.)
(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
Sec. 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 make in confidence to counselors of organizations
established to help them. On or after July 1, 1984, "rape" means an act of
forced sexual penetration or sexual conduct, as defined in Section 11-0.1 of
the Criminal Code of 2012, including acts prohibited under
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012.
Because of the fear and stigma that often results from those crimes, many
victims hesitate to seek help even where it is available at no cost to them.
As a result they not only fail to receive needed medical care and emergency
counseling, but may lack the psychological support necessary to report the
crime and aid police in preventing future crimes.
(b) Definitions.  As used in this Act:
(1) "Rape crisis organization" means any organization     or association a  major purpose of which is providing information, counseling, and psychological support to victims of any or all of the crimes of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, criminal sexual abuse and aggravated criminal sexual abuse. "Rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition.
(2) "Rape crisis counselor" means a person who is a     psychologist, social worker, employee, or volunteer in any organization or association defined as a rape crisis organization under this Section, who has undergone 40 hours of training and is under the control of a direct services supervisor of a rape crisis organization.
(3) "Victim" means a person who is the subject of, or     who seeks information, counseling, or advocacy services as a result of an aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations within families, criminal sexual abuse, aggravated criminal sexual abuse, sexual exploitation of a child, indecent solicitation of a child, public indecency, exploitation of a child, promoting juvenile prostitution as described in subdivision (a)(4) of Section 11-14.4, or an attempt to commit any of these offenses.
(4) "Confidential communication" means any     communication between a victim and a rape crisis counselor in the course of providing information, counseling, and advocacy.  The term includes all records kept by the counselor or by the organization in the course of providing services to an alleged victim concerning the alleged victim and the services provided.
(c) Waiver of privilege.
(1) The confidential nature of the communication is     not waived by: the presence of a third person who further expresses the interests of the victim at the time of the communication; group counseling; or disclosure to a third person with the consent of the victim when reasonably necessary to accomplish the purpose for which the counselor is consulted.
(2) The confidential nature of counseling records is     not waived when: the victim inspects the records; or in the case of a minor child less than 12 years of age, a parent or guardian whose interests are not adverse to the minor inspects the records; or in the case of a minor victim 12 years or older, a parent or guardian whose interests are not adverse to the minor inspects the records with the victim's consent, or in the case of an adult who has a guardian of his or her person, the guardian inspects the records with the victim's consent.
(3) When a victim is deceased, the executor or     administrator of the victim's estate may waive the privilege established by this Section, unless the executor or administrator has an interest adverse to the victim.
(4) A minor victim 12 years of age or older may     knowingly waive the privilege established in this Section.  When a minor is, in the opinion of the Court, incapable of knowingly waiving the privilege, the parent or guardian of the minor may waive the privilege on behalf of the minor, unless the parent or guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to that of the minor with respect to the waiver of the privilege.
(5)  An adult victim who has a guardian of his or her     person may knowingly waive the privilege established in this Section. When the victim is, in the opinion of the court, incapable of knowingly waiving the privilege, the guardian of the adult victim may waive the privilege on behalf of the victim, unless the guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to the victim with respect to the privilege.
(d) Confidentiality.  Except as provided in this Act, no rape crisis
counselor shall disclose any confidential communication or be examined as a
witness in any civil or criminal proceeding as to any confidential
communication without the written consent of the victim or a representative of
the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential communication
without the consent of the victim if failure to disclose is likely to
result in a clear, imminent risk of serious physical injury or death of the
victim or another person.  Any rape crisis counselor or rape crisis
organization participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any liability,
civil, criminal, or otherwise that might result from the action.
In any proceeding, civil or criminal, arising out of a disclosure under
this Section, the good faith of any rape crisis counselor
or rape crisis organization who disclosed the confidential communication
shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any confidential
communication in violation of this Act commits a Class C misdemeanor.
(Source: P.A. 102-469, eff. 1-1-22.)
(735 ILCS 5/8-802.2) (from Ch. 110, par. 8-802.2)
Sec. 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 public disclosure of statements they make in confidence to
counselors of organizations established to help them.  Because of the fear
and trauma that often results from violent crimes, many victims hesitate
to seek help even where it is available and may therefore lack the
psychological support necessary to report the crime and aid police in
preventing future crimes.
(b) Definitions.  As used in this Act, "violent crimes" include, but
are not limited to, any felony in which force or threat of force was used
against the victim or any misdemeanor which results in death or great
bodily harm to the victim.
(c) Confidentiality.  Where any victim of a violent crime makes a
statement relating to the crime or its circumstances during the course of
therapy or consultation to any counselor, employee or volunteer of a victim aid
organization, the statement or contents thereof shall not be disclosed by
the organization or any of its personnel unless the maker of the statement
consents in writing or unless otherwise directed pursuant to this Section.
If in any judicial proceeding, a party alleges that such statements are
necessary to the determination of any issue before the court and written
consent to disclosure has not been given, the party may ask the court to
consider the relevance and admissibility of the statements.  In such a
case, the court shall hold a hearing in camera on the relevance of the
statements.  If the court finds them relevant and admissible to the issue,
the court shall order the statements to be disclosed.
(Source: P.A. 86-538.)
(735 ILCS 5/8-802.3)
Sec. 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 to a community organization that acts as an intermediary in reporting to law enforcement and (ii) requests anonymity, then the identity of that individual is privileged and confidential and is not subject to discovery or admissible in evidence in a proceeding.
(b) There is no privilege under subsection (a) if a court, after a hearing in camera, finds that the party seeking discovery or the proponent of the evidence has shown that:
(1) the identity of an individual who submits     information concerning a criminal act is sought or offered in a court proceeding involving a felony or misdemeanor;
(2) the evidence is not otherwise available; and
(3) nondisclosure infringes upon a constitutional     right of an accused, or there is a need for the evidence that substantially outweighs the interest in protecting confidentiality.
(b-5) Except as provided in this subsection or under subsection (j) of Supreme Court Rule 412, if a defendant's counsel seeks to discover the identity of an informant, then the defendant's counsel shall file a motion with the court alleging a good faith factual basis for believing that the prior representation of the informant creates a serious potential for an actual conflict of interest. Upon such filing, the court: (1) may deny the motion for lack of factual basis; or (2) if it finds a sufficiently alleged factual basis, shall conduct an in camera hearing with the informant, outside the presence of all counsel, to ascertain whether an actual conflict of interest exists.  A transcript of the in camera proceeding shall be made and sealed.  After the in camera hearing, the court shall: (i) deny the motion if there is no basis to conclude that a serious potential for an actual conflict exists; or (ii) inform the petitioning counsel that his or her continued representation is a conflict.  If the court concludes that a conflict exists, it shall notify the counsel of the nature of the conflict, subject to any condition of nondisclosure that the court deems appropriate.
(c) The court may impose such sanctions as are necessary to enforce its order.
(Source: P.A. 101-436, eff. 8-20-19.)
(735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
Sec. 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 to disclose in any court, or to
any administrative board or agency, or to any public officer, a confession
or admission made to him or her in his or her professional character or
as a spiritual advisor in the course of the discipline enjoined by the rules
or practices of such religious body or of the religion which he or she professes,
nor be compelled to divulge any information which has been obtained by him
or her in such professional character or as such spiritual advisor.
(Source: P.A. 82-280.)
(735 ILCS 5/8-803.5)
Sec. 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 after termination of the agency or representative relationship with the bargaining unit member, shall not be compelled to disclose, in any court or to any administrative board or agency arbitration or proceeding, whether civil or criminal, any information he or she may have acquired in attending to his or her professional duties or while acting in his or her representative capacity.
(b) A union agent may use or reveal information obtained during the course of fulfilling his or her professional representative duties:
(1) to the extent it appears necessary to prevent the     commission of a crime that is likely to result in a clear, imminent risk of serious physical injury or death of another person;
(2) in actions, civil or criminal, against the union     agent in his or her personal or official representative capacity, or against the local union  or subordinate body thereof or international union or affiliated or subordinate body thereof or any agent thereof in their personal or official representative capacities;
(3) when required by court order; or
(4) when, after full disclosure has been provided,     the written or oral consent of the bargaining unit member has been obtained or, if the bargaining unit member is deceased or has been adjudged incompetent by a court of competent jurisdiction, the written or oral consent of the bargaining unit member's estate.
(c) In the event of a conflict between the application of this Section and any federal or State labor law to a specific situation, the provisions of the federal or State labor law shall control.
(Source: P.A. 94-22, eff. 1-1-06.)
(735 ILCS 5/8-804)
Sec. 8-804. Confidential advisor.
(a) This Section is intended to protect students at higher education institutions in this State who are survivors of sexual violence from public disclosure of communications they make in confidence to confidential advisors. Because of the fear, stigma, and trauma that often result from incidents of sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them. As a result, they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the incident of sexual violence to the higher education institution or law enforcement.
(b) In this Section:
"Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act.
"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.
"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
"Survivor" means a student who has experienced sexual violence while enrolled at a higher education institution.
(c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law. Communications include all records kept by the confidential advisor in the course of providing the survivor with services related to the incident of sexual violence.
(d) The confidential advisor may disclose confidential communications between the confidential advisor and the survivor if failure to disclose would result in a clear, imminent risk of serious physical injury to or death of the survivor or another person.
The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law.
If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering the disclosure of the communications. In such a case, communications may be disclosed if the court finds, after in camera examination of the communication, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible; that other evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by the communication or communications; and that disclosure is more important to the interests of substantial justice than protection from injury to the confidential advisor-survivor relationship, to the survivor, or to any other individual whom disclosure is likely to harm.
(e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.
(Source: P.A. 99-426, eff. 8-21-15.)
(735 ILCS 5/13-215.1)
Sec. 13-215.1. Fertility fraud limitation. Notwithstanding any other provision of the law, an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years, if brought under Section 15 of the Illinois Fertility Fraud Act, or 8 years, if brought under Section 20 of the Illinois Fertility Fraud Act, after:
(1) the procedure was performed;
(2) the 18th birthday of the child;
(3) the person first discovers evidence sufficient to     bring an action against the defendant through DNA (deoxyribonucleic acid) analysis;
(4) the person first becomes aware of the existence     of a record that provides evidence sufficient to bring an action against the defendant; or
(5) the defendant confesses to the offense.
(Source: P.A. 103-478, eff. 1-1-24.)
(735 ILCS 5/15-1515)
(Section scheduled to be repealed on June 1, 2025)
Sec. 15-1515. COVID-19 emergency sealing of court file.
(a) As used in this Section:
"Court file" means the court file created when a foreclosure action is filed with the court.
"COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19 and ending on December 31, 2021.
(b) The court may seal the file, upon motion of a mortgagor, of any foreclosure action filed during the COVID-19 emergency and economic recovery period if the action was not subject to the moratoria enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. If an action was filed during the COVID-19 emergency and economic recovery period because it qualified under an exception to one of the above moratoria, the action is not subject to being sealed under this Section. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this amendatory Act of the 103rd General Assembly and is not sealed, the court shall order the sealing of the court file.
(c) This Section applies to any action to foreclose a mortgage relating to: (i) residential real estate as defined in Section 15-1219; and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as the mortgagor's personal residence.
(d) This Section is repealed on June 1, 2025.
(Source: P.A. 103-61, eff. 6-9-23.)
(735 ILCS 5/804.5)
Sec. 804.5. Parties to a restorative justice practice.
(a) This Section is intended to encourage the use of restorative justice practices by providing a privilege for participation in such practices and ensuring that anything said or done during the practice, or in anticipation of or as a follow-up to the practice, is privileged and may not be used in any future proceeding unless the privilege is waived by the informed consent of the party or parties covered by the privilege. The General Assembly affords this privilege in recognition of restorative justice as a powerful tool in addressing the needs of victims, offenders, and the larger community in the process of repairing the fabric of community peace. The General Assembly encourages residents of this State to employ restorative justice practices, not only in justiciable matters, but in all aspects of life and law.
(b) As used in this Section:
"Circle" means a versatile restorative practice that can be used proactively, to develop relationships and build community, or reactively, to respond to wrongdoing, conflicts, and problems.
"Conference" means a structured meeting between offenders, victims, and both parties' family and friends, in which they deal with the consequences of a crime or wrongdoing and decide how best to repair the harm.
"Facilitator" means a person who is trained to facilitate a restorative justice practice.
"Party" means a person, including a facilitator, an individual who has caused harm, an individual who has been harmed, a community member, and any other participant, who voluntarily consents to participate with others who have agreed to participate in a restorative justice practice.
"Proceeding" means any legal action subject to this Code, including, but not limited to, civil, criminal, juvenile, or administrative hearings.
"Restorative justice practice" or "practice" means a gathering, such as a conference or circle, in which parties who have caused harm or who have been harmed and community stakeholders collectively gather to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process.
(c) Anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Privileged information is not subject to discovery or disclosure in any judicial or extrajudicial proceedings.
Any waiver of privilege is limited to the participation and communication of the waiving party only, and the participation or communications of any other participant remain privileged unless waived by the other participant.
(d) Evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because it was discussed or used in a restorative justice practice.
(e) The legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. In a hearing conducted pursuant to this subsection, the judge may consider information that would otherwise be privileged to the extent that the information is probative of the issue.
(f) The privilege afforded by this Section does not apply if:
(1) disclosure is necessary to prevent death, great     bodily harm, or the commission of a crime;
(2) necessary to comply with another law; or
(3) a court, tribunal, or administrative body     requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected.
(g) This Section applies to all restorative justice practices that are convened on or after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-100, eff. 7-15-21.)
(735 ILCS 5/Art. VIII Pt. 9 heading)
Part 9.  
		Reporter's Privilege
(735 ILCS 5/8-901) (from Ch. 110, par. 8-901)
Sec. 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 Part 9 of Article VIII of this Act.
(Source: P.A. 84-398.)
(735 ILCS 5/8-902) (from Ch. 110, par. 8-902)
Sec. 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 through a news
medium on a full-time or part-time basis; and includes any person who
was a reporter at the time the information sought was procured or obtained.
(b) "News medium" means any newspaper or other periodical issued at
regular intervals whether in print or electronic format and having a
general circulation; a news service whether in print or electronic format;
a radio station; a television station; a television network; a community
antenna television
service; and any person or corporation engaged in the making of news
reels or other motion picture news for public showing.
(c) "Source" means the person or means from or through which the news
or information was obtained.
(Source: P.A. 92-335, eff. 8-10-01.)
(735 ILCS 5/8-903) (from Ch. 110, par. 8-903)
Sec. 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 Article VIII of this
Act, the person or party, body or officer seeking the information so
privileged may apply in writing to the circuit court serving the county
where the hearing, action or proceeding in which the information is
sought for an order divesting the person named therein of such privilege
and ordering him or her to disclose his or her source of the information.
(b) In libel or slander cases where a person claims the privilege
conferred by Part 9 of Article VIII of this Act, the plaintiff may apply in
writing to the court for an order divesting the person named therein of
such privilege and ordering him or her to disclose his or her source of
information.
(Source: P.A. 84-398.)
(735 ILCS 5/8-904) (from Ch. 110, par. 8-904)
Sec. 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 with which he or she was connected
at the time the information sought was obtained; the specific information
sought and its relevancy to the proceedings; and, either, a specific
public interest which would be adversely affected if the factual
information sought were not disclosed, or, in libel or slander cases, the
necessity of disclosure of the information sought to the proof of
plaintiff's case. Additionally, in libel or slander cases, the plaintiff must
include in the application provided in Section 8-903 a prima facie showing
of falsity of the alleged defamation and actual harm or injury due to the
alleged defamation.
(Source: P.A. 84-398.)
(735 ILCS 5/8-905) (from Ch. 110, par. 8-905)
Sec. 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 Act
shall be as in other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/8-906) (from Ch. 110, par. 8-906)
Sec. 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 have due regard to the nature of the proceedings,
the merits of the claim or defense, the adequacy of the remedy otherwise
available, if any, the relevancy of the source, and the possibility of
establishing by other means that which it is alleged the source
requested will tend to prove.
(Source: P.A. 83-707.)
(735 ILCS 5/8-907) (from Ch. 110, par. 8-907)
Sec. 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 the court, after hearing the parties, finds:
(1) that the information sought does not concern matters, or details
in any proceeding, required to be kept secret under the laws of this
State or of the Federal government; and
(2) that all other available sources of information have been
exhausted and, either, disclosure of the information sought is essential to the
protection of the public interest involved or, in libel or slander cases,
the plaintiff's need for disclosure of the information sought outweighs the
public interest in protecting the confidentiality of sources of information
used by a reporter as part of the news gathering process under the
particular facts and  circumstances of each particular case.
If the court enters an order divesting the person of the privilege
granted in Part 9 of Article VIII of
this Act it shall also order the person to disclose the
information it has determined should be disclosed, subject to any
protective conditions as the court may deem necessary or appropriate.
(Source: P.A. 84-398.)
(735 ILCS 5/8-908) (from Ch. 110, par. 8-908)
Sec. 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 in full force and
effect during the pendency of such appeal.
(Source: P.A. 83-707.)
(735 ILCS 5/8-909) (from Ch. 110, par. 8-909)
Sec. 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, after
such order becomes final, may be adjudged in contempt of court and
punished accordingly.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 9.1 heading)
Part 9.1.  
		Voter's Privilege
(735 ILCS 5/8-910) (from Ch. 110, par. 8-910)
Sec. 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 name of any candidate for whose nomination,
election or retention in office the person voted, or whether the person
voted for or against any question of public policy, as defined in Section
1-3 of The Election Code, at any election held within this State.
(Source: P.A. 84-344.)
(735 ILCS 5/Art. VIII Pt. 9.2 heading)
Part 9.2.  
		Interpreter's Privilege
(735 ILCS 5/8-911) (from Ch. 110, par. 8-911)
Sec. 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 difficulty.
(b) If a communication is otherwise privileged, that underlying
privilege is not waived because of the presence of the language interpreter.
(c) The language interpreter shall not disclose the communication without the
express consent of the person who has the right to claim the underlying
privilege.
(Source: P.A. 95-617, eff. 9-12-07.)
(735 ILCS 5/8-912)
Sec. 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 when at least one party to the communication has a hearing loss.
(b)       An interpreter for the deaf and hard of hearing who interprets a conversation between a hearing person and a deaf person is deemed a conduit for the conversation and may not disclose or be compelled to disclose by subpoena the contents of the conversation that  he or she  facilitated without the written consent of all persons involved  who received his or her professional services.
(c)       All communications that  are recognized by law as privileged shall remain privileged even in cases where an interpreter for the deaf and hard of hearing is utilized to facilitate such communications.
(d)       Communications may be voluntarily disclosed under the  following circumstances:
(1)   the formal reporting, conferring, or consulting     with administrative superiors, colleagues, or consultants who share similar professional responsibility, in which instance all recipients of such information are similarly bound to regard the communication as privileged;
(2)   a person waives the privilege by bringing any     public charges against an interpreter for the deaf and hard of hearing, including a person licensed under the Interpreter for the Deaf Licensure Act of 2007; and
(3)   a communication reveals the intended commission     of a crime or harmful act and such disclosure is judged necessary by the interpreter for the deaf and hard of hearing to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to public safety.
(e) (Blank).
(Source: P.A. 95-617, eff. 9-12-07; 96-552, eff. 1-1-10.)
(735 ILCS 5/Art. VIII Pt. 10 heading)
Part 10.  
		Judicial Notice
(735 ILCS 5/8-1001) (from Ch. 110, par. 8-1001)
Sec. 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 to take judicial notice,
shall take judicial notice of the following:
All general ordinances of every municipal corporation within
the State.
All ordinances of every county within the State.
All laws of a public nature enacted by any state or territory
of the United States.
All rules of practice in force in the court from which a
case has been transferred by change of place of trial or otherwise.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1002) (from Ch. 110, par. 8-1002)
Sec. 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 of appellate jurisdiction shall take judicial notice of
all matters of which the circuit court was required to take judicial
notice, including all rules of practice adopted by the circuit court.
In case of the review by the Supreme Court of a judgment or order of the
appellate court, the Supreme Court shall take judicial notice of all
matters of which the circuit court was required to take judicial notice
as well as of the rules of practice adopted by the circuit court, the
judgment or order of which has been reviewed by the appellate court.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1003) (from Ch. 110, par. 8-1003)
Sec. 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 other jurisdiction of the
United States.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1004) (from Ch. 110, par. 8-1004)
Sec. 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 call upon counsel to aid it in obtaining
such information.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1005) (from Ch. 110, par. 8-1005)
Sec. 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. 82-280.)
(735 ILCS 5/8-1006) (from Ch. 110, par. 8-1006)
Sec. 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 enable a party to offer evidence of the law in
another jurisdiction or to ask that judicial notice be taken thereof,
reasonable notice shall be given to the adverse parties either in the
pleadings or otherwise.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1007) (from Ch. 110, par. 8-1007)
Sec. 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 court, but shall not be subject to the
foregoing provisions concerning judicial notice.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1008) (from Ch. 110, par. 8-1008)
Sec. 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 law of those states which enact it.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1009) (from Ch. 110, par. 8-1009)
Sec. 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.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 11 heading)
Part 11.  
		Statutes and Reports
(735 ILCS 5/8-1101) (from Ch. 110, par. 8-1101)
Sec. 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 United States, or the territories
thereof, or of any foreign jurisdiction, and to have been printed and
published by the authority of any such state, territory or foreign
jurisdiction or proved to be commonly recognized in its courts, shall be
received in the courts of this State as prima facie evidence of such
statutes.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1102) (from Ch. 110, par. 8-1102)
Sec. 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 law of those states which enact it.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1103) (from Ch. 110, par. 8-1103)
Sec. 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. 82-280.)
(735 ILCS 5/8-1104) (from Ch. 110, par. 8-1104)
Sec. 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 late
territories of the United States, purporting to be printed under the
authority of the United States, any state or territory, shall be
evidence in all courts and places in this State, of the Acts therein
contained.
(b) The acts and laws of the territory of Illinois and all of the laws
and joint resolutions passed prior to January 1, 1917, at all regular and
special sessions of the General Assemblies, printed and published by the
State of Illinois, shall be admissible in evidence in all courts and proceedings
in this State, and shall be considered as duly authenticated copies of the originals.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1105) (from Ch. 110, par. 8-1105)
Sec. 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 admissible as
evidence in any court of this State.
(Source: P.A. 83-520.)
(735 ILCS 5/8-1106) (from Ch. 110, par. 8-1106)
Sec. 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 of the several
states and the territories thereof, purporting to be published by
authority, may be read as evidence of the decisions of such courts.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 12 heading)
Part 12.  
		Records and Patents
(735 ILCS 5/8-1201) (from Ch. 110, par. 8-1201)
Sec. 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 with the Interstate Commerce
Commission, which show respectively an Interstate Commerce Commission
number, which may be stated in abbreviated form, as I.C.C. No. --, and
an effective date, shall be presumed to be correct copies of the
original schedules, classifications, tariffs and supplements on file
with the Interstate Commerce Commission, and shall be received as good
and sufficient evidence, without certification, in any court of this
State to prove such schedules, classifications, tariffs and supplements.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1202) (from Ch. 110, par. 8-1202)
Sec. 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 the custody
thereof, and the seal of the court, or by the judge of the court if
there is no clerk.
(Source: P.A. 83-707.)
(735 ILCS 5/8-1203) (from Ch. 110, par. 8-1203)
Sec. 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
thereof, certified under the signature of the clerk or the keeper thereof,
and the corporate seal, if there is any; if not, under his or
her signature and
private seal.
(Source: P.A. 83-707.)
(735 ILCS 5/8-1204) (from Ch. 110, par. 8-1204)
Sec. 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 of the secretary, clerk, cashier or other keeper of the
same. If the corporation or incorporated association has a seal, the
same shall be affixed to such certificate.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1205) (from Ch. 110, par. 8-1205)
Sec. 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 any such
papers, entries, records or ordinances, shall contain a statement that
such person is the keeper of the same, and if there is no seal, shall so
state.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1206) (from Ch. 110, par. 8-1206)
Sec. 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.)
(735 ILCS 5/8-1207) (from Ch. 110, par. 8-1207)
Sec. 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 false certificate, he or she is
punishable in the same manner as if he or she were guilty of perjury.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1208) (from Ch. 110, par. 8-1208)
Sec. 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 or matter on record in his or her
office, shall be received in evidence in any court in this State, and
shall be competent to prove the fact so certified. The certificate of
any such register, of the entry or purchase of any tract of land within
his or her district, shall be deemed and taken to be evidence of title in the
party who made such entry or purchase, or his or her legatees, heirs or assigns, and
shall enable such party, his or her legatees, heirs or assigns, to recover
or protect the
possession of the land described in such certificate, in any eviction action or action of
ejectment, unless a better legal and
paramount title be exhibited for the same. The signature of such
register or receiver may be proved by a certificate of the Secretary of
State, under his or her seal, that such signature is genuine.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/8-1209) (from Ch. 110, par. 8-1209)
Sec. 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 legatees, heirs
or assigns, than
the official certificate of any register of a land office of the United
States, of the entry or purchase of the same land.
(Source: P.A. 83-707.)
(735 ILCS 5/8-1210) (from Ch. 110, par. 8-1210)
Sec. 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 thereof, under the authority
of any law of this State, whereof the patent is issued by the
Governor, under the seal of this State, and in case the patent has been
or shall purport to be recorded in the recorder's office of the county
where the lands or lots are situated, and the patent is lost, or
out of the power of the party desiring to use it to produce in
evidence, a copy of the record of such patent, certified by the recorder
of the county, may be read in evidence in place of the original
patent, which copy certified as above stated, shall be prima facie evidence
of the issuing of such patent, and of the contents thereof. The
provisions of this section shall apply to deeds executed by the trustees
of the Illinois and Michigan canal, and to patents for land issued or
granted by the United States.
(Source: P.A. 83-707.)
(735 ILCS 5/8-1211) (from Ch. 110, par. 8-1211)
Sec. 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 by this
State or any of the officers thereof under any law of this State, certified
to be true and correct copies of such books and entries by the proper
person or officer in whose custody said books and entries may properly be,
shall be prima facie evidence of the facts stated in such books and
entries. The certificate of such officer of the purchase of or issuing of a
patent for any tract of land sold by this State or any agent of the same,
shall be deemed as evidence of title in the party certified to have made
such purchase or obtained such patent, his or her legatees, heirs or
assigns, unless a better and paramount title is exhibited for the same. The
patent for land shall be deemed a better and paramount title in the
patentee, his or her legatees, heirs and assigns, than such certificate,
and when any swamp and overflowed lands and lots heretofore have been or
hereafter may be sold under any law of this State by any proper person
or officer of the county in which such lands are located, copies of the books
and entries of the sales of such swamp and overflowed lands and lots
certified to be true and correct copies of such books and entries by the
proper person or officer in whose custody such books and entries may
properly be, shall be prima facie evidence of the facts stated in such
books and entries. The certificate of such officer of the sale or entry
of any tract or tracts of such swamp and overflowed land or lots and of
the execution of a deed for the same, giving the date of such sale or
entry, the date of the execution of the deed, the name of the purchaser
and description of the land, under the seal of his or her office, may, if the
original deed is lost, or it is out of the power of the party wishing to
use the same to produce it in evidence, and the original deed has never
been recorded, be read in evidence in place of said original deed, and
shall be prima facie evidence of the execution and delivery of a proper
deed for such land and shall be deemed as evidence of title in
the person certified to have made such entry or purchase, his or her legatees,
heirs and assigns, until a better and paramount title is exhibited for the
same. Whenever it appears that the original deed made upon any entry
or sale of such swamp and overflowed lands is lost, or not in the power
of the party wishing to use the same to produce in evidence, and the
same has never been recorded as above stated and that the books and
original entries of sale of such swamp and overflowed lands or lots have
also been lost or destroyed, and the clerk of the circuit court  or
other proper officer has made return of such sales and entries to
the State Comptroller according to law, a certified copy of such return
by the Comptroller, under his or her seal of office, may be used in evidence
with the like force and effect as hereinbefore provided.
(Source: P.A. 86-657.)
(735 ILCS 5/Art. VIII Pt. 13 heading)
Part 13.  
		Surveys
(735 ILCS 5/8-1301) (from Ch. 110, par. 8-1301)
Sec. 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 be filed with their report in court, and may hereafter be read as
evidence in all actions in reference to such corners.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 14 heading)
Part 14.  
		Interpreters
(735 ILCS 5/8-1401) (from Ch. 110, par. 8-1401)
Sec. 8-1401. 
		Language interpreter. 
		Interpreters may be sworn truly to
interpret, when
necessary.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1402) (from Ch. 110, par. 8-1402)
Sec. 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, the court in all instances shall
appoint a qualified interpreter of the deaf sign-language to interpret
the proceedings to and the testimony of such deaf person. In the case
of a deaf juror, the interpreter shall be available throughout the actual
trial and may accompany and communicate with such
juror throughout any period during which the jury is sequestered or engaged
in its deliberations.
Accommodations shall be made in accordance with the federal Americans with
Disabilities Act of 1990 so that a qualified individual with a hearing
disability may
participate as a party, witness, juror, or spectator in any legal proceeding.
The court shall determine and allow a reasonable fee for
all services provided under this Section which shall
be paid out of general county
funds.
(Source: P.A. 91-381, eff. 1-1-00.)
(735 ILCS 5/8-1403)
Sec. 8-1403. Interpreters for civil cases.
(a) Whenever any person is a party or witness in a civil action in  this State, the court shall, upon its own motion or that of a party, determine whether the person is capable of understanding the English language and is capable of expressing himself or herself in the English language so as to be understood directly by counsel, court, or jury. If the court finds the person incapable of so understanding or so expressing himself or herself, the court shall appoint an interpreter for the person whom he or she can understand and who can understand him or her. All appointments for court interpreters in civil matters shall be pursuant to the Illinois Supreme Court Language Access Policy and the judicial circuit's Language Access Plan that is appropriate for the demands and resources specific to the Illinois courts within that particular circuit.
(b) The court shall enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court.
(c) As used in this Section, "interpreter" includes a sign language interpreter.
(Source: P.A. 99-133, eff. 1-1-16.)
(735 ILCS 5/Art. VIII Pt. 15 heading)
Part 15.  
		Proof of Handwriting
(735 ILCS 5/8-1501) (from Ch. 110, par. 8-1501)
Sec. 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 properly in the files of records of the
case, admitted in evidence or treated as genuine or admitted to be
genuine, by the party against whom the evidence is offered, or proved to
be genuine to the satisfaction of the court.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1502) (from Ch. 110, par. 8-1502)
Sec. 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 case is reasonable shall first be given to the opposite party or
his or her attorney.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1503) (from Ch. 110, par. 8-1503)
Sec. 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 attorney
and witnesses, prior to the introduction in evidence of such standards
and the court may, in its discretion, impound the same with the clerk of
the court for that purpose.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 16 heading)
Part 16.  
		Proof of Deeds and Writings
(735 ILCS 5/8-1601) (from Ch. 110, par. 8-1601)
Sec. 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 disposition of real estate, or any interest therein,
or any other instrument in writing not required by law to be attested by
a subscribing witness, may be offered in evidence in any action
pending in any court of this state, and the same
appears to have been so attested, and it becomes necessary to prove
the execution of such deed or other writing otherwise than as now
provided by law, it shall not be necessary to prove the execution of the
same by a subscribing witness to the exclusion of other evidence, but
the execution of such instrument may be proved by secondary evidence
without producing or accounting for the absence of the subscribing
witness or witnesses.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 17 heading)
Part 17.  
		Title to Land of Illinois Central Railroad
(735 ILCS 5/8-1701) (from Ch. 110, par. 8-1701)
Sec. 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 Company, or of the trustees of the railroad company,
or of any person claiming title through or under the company or
trustees, to any of the lands granted by the State to the railroad
company under the provisions of the Act incorporating such company, the
record in the proper county (or a transcript of such record, duly
certified by the custodian thereof), of the list purporting to contain
the tracts of land selected by the railroad company in such county, and
purporting to be certified by the commissioner of the general land
office as being a true abstract from the original list of selections by
the company, shall be sufficient prima facie evidence of title in the
railroad company or the trustees thereof, as the case may be, to
the lands embraced in such list; and the record in the proper county (or
a duly certified copy thereof by the custodian of such record) of the
map or profile of the railroad or branches, shall be sufficient prima
facie evidence of the line of location of the railroad or its branches
in such county.
(Source: P.A. 82-280.)
(735 ILCS 5/8-1702) (from Ch. 110, par. 8-1702)
Sec. 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 any of the
original trustees (or any of their successors) named in the Act of
incorporation, certified by the Secretary of State under the great seal
of the State, or by the commissioner of the land department of the
railroad company or its president, under the common seal of the
company, as the case may be, shall be sufficient prima facie evidence of
the regular appointment and due authority of the person named as trustee
in such commission.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 18 heading)
Part 18.  
		Claims Regarding Work on Realty
(735 ILCS 5/8-1801) (from Ch. 110, par. 8-1801)
Sec. 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 cause injury
or property damage within 6 years after such performance, manufacture,
assembly, engineering or design, shall be presumptive proof that such
work, service or product was performed, manufactured, assembled,
engineered or designed with reasonable care by every person doing any of
such acts. However, all written guarantees are excluded from
this Section.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 19 heading)
Part 19.  
		Admission of Liability
(735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
Sec. 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 any person, or the offer to provide, or pay for, any one or
more of the foregoing, shall not be construed as an admission of any
liability by such person or persons. Testimony, writings, records,
reports or information with respect to the foregoing shall not be
admissible in evidence as an admission of any liability in any action of
any kind in any court or before any commission, administrative agency,
or other tribunal in this State, except at the instance of the person or
persons so making any such provision, payment or offer.
(Source: P.A. 97-1145, eff. 1-18-13.)
(735 ILCS 5/Art. VIII Pt. 20 heading)
Part 20.  
		Inspection of Records
(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
Sec. 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 home,
independent practice association, or physician hospital organization, or any
other entity where health care services are provided to any person.  The term
does not include a health care practitioner.
"Health care practitioner" means any health care practitioner, including a physician, dentist, podiatric physician, advanced practice registered nurse, registered nurse, licensed practical nurse, physician assistant, clinical psychologist, clinical social worker, therapist, or counselor. The term includes a medical office, health care clinic, health department, group practice, and any other organizational structure for a licensed professional to provide health care services. The term does not include a health care facility.
(b) Every private and public health care facility shall, upon the request of any
patient who has been treated in such health care facility, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, or as authorized by Section 8-2001.5, permit the patient,
his or her health care practitioner,

authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative to examine the health care facility
patient care records,
including but not limited to the history, bedside notes, charts, pictures
and plates, kept in connection with the treatment of such patient, and
permit copies of such records to be made by him or her or his or her
health care practitioner or authorized attorney.
(c) Every health care practitioner shall, upon the request of any patient who has been treated by the health care practitioner, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, permit the patient and the patient's health care practitioner or authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, to examine and copy the patient's records, including but not limited to those relating to the diagnosis, treatment, prognosis, history, charts, pictures and plates, kept in connection with the treatment of such patient.
(d)  A request for copies of the records shall
be in writing and shall be delivered to the administrator or manager of
such health care facility or to the health care practitioner. The
person (including patients, health care practitioners and attorneys)
requesting copies of records shall reimburse the facility or the health care practitioner at the time of such copying for all
reasonable expenses, including the costs of independent copy service companies,
incurred in connection with such copying not to
exceed a $20 handling charge for processing the
request and the actual postage or shipping charge, if any, plus: (1) for paper copies
75 cents per page for the first through 25th pages, 50
cents per page for the 26th through 50th pages, and 25 cents per page for all
pages in excess of 50 (except that the charge shall not exceed $1.25 per page
for any copies made from microfiche or microfilm; records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for purposes of calculating charges); and (2) for electronic records, retrieved from a scanning, digital imaging, electronic information or other digital format in an electronic document, a charge of 50% of the per page charge for paper copies under subdivision (d)(1). This per page charge includes the cost of each CD Rom, DVD, or other storage media. Records already maintained in an electronic or digital format shall be provided in an electronic format when so requested.
If the records system does not allow for the creation or transmission of an electronic or digital record, then the facility or practitioner shall inform the requester in writing of the reason the records can not be provided electronically. The written explanation may be included with the production of paper copies, if the requester chooses to order paper copies. These rates shall be automatically adjusted as set forth in Section 8-2006.
The facility or health care practitioner may, however, charge for the
reasonable cost of all duplication of
record material or information that cannot routinely be copied or duplicated on
a standard commercial photocopy machine such as x-ray films or pictures.
(d-5)  The handling fee shall not be collected from the patient or the patient's personal representative who obtains copies of records  under Section 8-2001.5.
(e) The requirements of this Section shall be satisfied within 30 days of the
receipt of a written request by a patient or by his or her legally authorized
representative, health care practitioner,
authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative. If the facility
or health care practitioner needs more time to comply with the request, then within 30 days after receiving
the request, the facility or health care practitioner must provide the requesting party with a written
statement of the reasons for the delay and the date by which the requested
information will be provided. In any event, the facility or health care practitioner must provide the
requested information no later than 60 days after receiving the request.
(f) A health care facility or health care practitioner must provide the public with at least 30 days prior
notice of the closure  of the facility or the health care practitioner's practice. The notice must include an explanation
of how copies of the facility's records may be accessed by patients. The
notice may be given by publication in a newspaper of general circulation in the
area in which the health care facility or health care practitioner is located.
(g) Failure to comply with the time limit requirement of this Section shall
subject the denying party to expenses and reasonable attorneys' fees
incurred in connection with any court ordered enforcement of the provisions
of this Section.
(h) Notwithstanding any other provision of the law, a health care facility or health care practitioner shall provide without charge one complete copy of a patient's records if the records are being requested by the patient or a person, entity, attorney, registered representative, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative who has provided documentation of authority to act for the patient, or by such other
requester as is authorized by statute if the patient is deceased, for the purpose of supporting a claim for: (1) federal veterans' disability benefits; (2) federal Social Security or Supplemental Security Income benefits, or both, under any title of the Social Security Act; or (3) Aid to the Aged, Blind, or Disabled benefits. Upon request, and if the
records are for at least one of the approved purposes, the requester may obtain
updated medical records not included in the original medical record free of charge if the request is accompanied by a valid authorization for the release of records signed by
the patient, the patient's legally authorized representative who has provided documentation
of authority to act for the patient, or such other requester as is authorized by statute if the
patient is deceased.
(Source: P.A. 102-183, eff. 1-1-22.)
(735 ILCS 5/8-2001.5)
Sec. 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 released upon written request of the executor or administrator of the deceased person's estate or to an agent appointed by the deceased under a power of attorney for health care. When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records must be released upon the written request of a person, who is considered to be a personal representative of the patient for the purpose of the release of a deceased patient's health care records, in one of these categories:
(1) the deceased person's surviving spouse; or
(2) if there is no surviving spouse, any one or more     of the following: (i) an  adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.
(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section.
(c) Any person who, in good faith, relies on a copy of an Authorized Relative Certification shall have the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided by Illinois law.
(d) Upon request for records of a deceased patient, the named authorized relative shall provide the facility or practitioner with a certified copy of the death certificate and a certification in substantially the following form:
AUTHORIZED RELATIVE CERTIFICATION
I, (insert name of authorized relative), certify that I am an authorized relative of the deceased (insert name of deceased). (A certified copy of the death certificate must be attached.)
I certify that to the best of my knowledge and belief that no executor or administrator  has been appointed for the deceased's estate, that no agent was authorized to act for the deceased under a power of attorney for health care, and the deceased has not specifically objected to disclosure in writing.
I certify that I am the surviving spouse of the deceased; or
I certify that there is no surviving spouse and my relationship to the deceased is (circle one):
(1) An adult son or daughter of the deceased.
(2) Either parent of the deceased.
(3) An adult brother or sister of the deceased.
I certify that I am seeking the records as a personal representative who is acting in a representative capacity and who is  authorized to seek these records under Section 8-2001.5 of the Code of Civil Procedure.
This certification is made under penalty of perjury.*
Dated: (insert date)
.................................
(Print Authorized Relative's Name)
.................................
(Authorized Relative's Signature)
.................................
(Authorized Relative's Address)
*(Note: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and is a Class 3 felony.)
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; 97-1150, eff. 1-25-13.)
(735 ILCS 5/8-2002) (from Ch. 110, par. 8-2002)
Sec. 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 or treated in any
institution, division, program or service now existing, or hereafter
acquired or created under the jurisdiction of the Department of Human
Services as successor to the Department of Mental Health and Developmental
Disabilities and the Department of
Alcoholism and Substance Abuse, or over which, in that capacity, the
Department of Human Services exercises
executive or administrative supervision.
(b) In the event of a conflict between the application of Part 20 of
Article VIII of this Act
and the Mental Health and Developmental Disabilities Confidentiality Act
or subsection (bb) of Section 30-5 of the
Substance Use Disorder Act 
to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act or subsection (bb) of
Section 30-5
of the Substance Use Disorder Act 
shall control.
The provisions of federal law concerning the confidentiality of
alcohol and drug abuse patient records, as contained in Title 21 of the
United States Code, Section 1175; Title 42 of the United States Code,
Section 4582; 42 CFR Part 2; and any other regulations promulgated pursuant
thereto, all as now or hereafter amended, shall supersede all other laws
and regulations concerning such confidentiality, except where any such
otherwise applicable laws or regulations are more stringent, in which case
the most stringent shall apply.
(Source: P.A. 100-759, eff. 1-1-19.)
(735 ILCS 5/8-2003)
Sec. 8-2003. (Repealed).
(Source: P.A. 93-87, eff. 7-2-03. Repealed by P.A. 95-478, eff. 1-1-08.)
(735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
Sec. 8-2004. 
		(Repealed).
(Source: P.A. 92-228, eff. 9-1-01.  Repealed by P.A. 93-87, eff. 7-2-03.)
(735 ILCS 5/8-2005)
Sec. 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 copying of client files, including but not limited to
satisfaction of expenses and attorney retaining liens.
Upon the request of a client, an
attorney shall permit the client's authorized attorney to examine and copy the
records kept by the attorney in connection with the representation of the
client, with the exception of attorney work product. The request for
examination and copying of the records shall be in
writing and shall be delivered to the attorney.  Within a reasonable time after
the attorney receives the written request, the attorney shall comply with the
written request at his or her office or any other place designated by him or
her.  At the time of copying, the person requesting the records shall
reimburse the attorney for all reasonable expenses, including the costs of
independent copy service companies, incurred by the attorney in connection
with the copying not to exceed a
$20 handling charge for processing the request,
and
the actual postage or shipping charges, if any, plus (1) for paper copies 75 cents per page for the first through 25th pages, 50 cents per page for the
26th through 50th pages, and 25 cents per page for all pages in excess of 50
(except that the charge shall not exceed $1.25 per page for any copies
made from microfiche or microfilm; records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for purposes of calculating charges); and (2) for electronic records, retrieved from a scanning, digital imaging, electronic information or other digital format in an electronic document, a charge of 50% of the per page charge for paper copies under subdivision (d)(1). This per page charge includes the cost of each CD Rom, DVD, or other storage media. Records already maintained in an electronic or digital format shall be provided in an electronic format when so requested. If the records system does not allow for the creation or transmission of an electronic or digital record, then the attorney shall inform the requester in writing of the reason the records cannot be provided electronically. The written explanation may be included with the production of paper copies, if the requester chooses to order paper copies.
These rates shall be automatically
adjusted as set forth in Section 8-2006.
The attorney may, however, charge for the reasonable cost of all duplication of
record material or information that cannot routinely be copied or
duplicated on a standard commercial photocopy machine such as pictures.
An attorney shall satisfy the requirements of this Section within 60
days after he or she receives a request from a client or his or her authorized
attorney.  An attorney who fails to comply with the time limit requirement of
this Section shall be required to pay expenses and reasonable attorney's fees
incurred in connection with any court-ordered enforcement of the
requirements of this Section.
(Source: P.A. 98-756, eff. 7-16-14.)
(735 ILCS 5/8-2006)
Sec. 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 or decreased, as
applicable, by a percentage equal to the percentage change in the consumer
price index-u during the preceding 12-month calendar year. "Consumer price
index-u" means the index published by the Bureau of Labor Statistics of the
United States Department of Labor that measures the average change in
prices of goods and services purchased by all urban consumers, United
States city average, all items, 1982-84 = 100. The new amount resulting
from each annual adjustment shall be determined by the Comptroller and
made available to the public via the Comptroller's official website by January 31 of every year.
(Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08 (changed from 8-27-07 by P.A. 95-480).)
(735 ILCS 5/Art. VIII Pt. 21 heading)
Part 21.  
		Medical Studies
(735 ILCS 5/8-2101) (from Ch. 110, par. 8-2101)
Sec. 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
competence, or other data of the Illinois Department of Public Health,
local health departments, the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities), the Mental Health and
Developmental
Disabilities Medical Review Board, Illinois State Medical Society, allied
medical societies, health maintenance organizations, medical
organizations under contract with health maintenance organizations or with
insurance or other health care delivery entities or facilities, tissue banks,
organ procurement agencies, physician-owned insurance companies and
their agents, committees of ambulatory surgical treatment centers or
post-surgical recovery centers or their medical staffs, or committees of
licensed or accredited hospitals or their medical staffs, including Patient
Care Audit Committees, Medical Care Evaluation Committees, Utilization Review
Committees, Credential Committees and Executive Committees, or their
designees (but not the medical records pertaining to the patient), used in
the course of internal quality control or of medical study for the purpose of
reducing morbidity or mortality, or for improving patient care or increasing
organ and tissue donation, shall be privileged, strictly confidential and
shall be used only for medical research, increasing organ and tissue
donation, the evaluation and improvement of quality care, or granting,
limiting or revoking staff privileges or agreements for services, except
that in any health maintenance organization proceeding to decide upon a
physician's services or any hospital or ambulatory surgical treatment
center proceeding to decide upon a physician's staff privileges, or in any
judicial review of either, the claim of confidentiality shall
not be invoked to deny such physician access to or use of data upon which such
a decision was based.
(Source: P.A. 92-644, eff. 1-1-03.)
(735 ILCS 5/8-2102) (from Ch. 110, par. 8-2102)
Sec. 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 of any kind in any court or before any tribunal, board, agency or
person. The disclosure of any such information or data, whether proper,
or improper, shall not waive or have any effect upon its confidentiality,
nondiscoverability, or nonadmissability.
(Source: P.A. 85-907.)
(735 ILCS 5/8-2103) (from Ch. 110, par. 8-2103)
Sec. 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 Society, allied medical societies or to in-hospital staff
committees or their authorized representatives, shall not subject any
person, hospital, sanitarium, nursing or rest home or any such agency to
any action for damages or other relief.
(Source: P.A. 82-280.)
(735 ILCS 5/8-2104) (from Ch. 110, par. 8-2104)
Sec. 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 of the attending physician and surgeon is first obtained.
(Source: P.A. 82-280.)
(735 ILCS 5/8-2105) (from Ch. 110, par. 8-2105)
Sec. 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 for the purpose of the specific study is
unlawful, and any person convicted of violating any of the provisions of
Part 21 of Article VIII of this Act
is guilty of a Class A misdemeanor.
(Source: P.A. 83-707.)
(735 ILCS 5/Art. VIII Pt. 22 heading)
Part 22.  
		Coroner's records
(735 ILCS 5/8-2201) (from Ch. 110, par. 8-2201)
Sec. 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 of any person, firm or corporation
resulting in the death of any person or for the collection of a policy
of insurance, neither the coroner's verdict returned upon the
inquisition, nor a copy thereof, shall be admissible
as evidence to prove or establish any of the facts in controversy in
such action or proceeding.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 23 heading)
Part 23.  
		Perpetuating Testimony
(735 ILCS 5/8-2301) (from Ch. 110, par. 8-2301)
Sec. 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 the
boundaries or improvements of land, the name or former name of water
course, the name or former name of any portion or district of the
county, the ancient customs, laws or usages of the inhabitants of any
part of this country, as far as they may pertain to the future
settlement of land claims or the marriage or pedigree of any person, any
other matter or thing necessary to the security of any estate, or to any
private right by filing a petition supported by affidavit in the circuit
court of the proper county. The petition shall set forth, briefly and
substantially, the petitioner's interest, claim or title in or to the subject
concerning which the petitioner desires to perpetuate evidence, the fact intended to
be established, the names of all other persons interested or supposed to
be interested therein, whether there are any persons interested therein
whose names are unknown to the petitioner (who shall be designated as
unknown owners), and the name of the witness proposed to be examined.
Except as in this Section otherwise provided, the procedure for the giving of
notice to interested persons, including unknown owners, and the manner
of taking the deposition shall be that provided by the rules of the
Supreme Court now or hereafter in effect for the taking of depositions
for the perpetuation of testimony. A deposition taken under this Section
may be used as evidence in any case in the same manner and subject to
the same conditions and objections as if it had originally been taken in
that case. The deposition is admissible against parties notified as
unknown owners to the same extent as it is against other notified
parties.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. VIII Pt. 24 heading)
Part 24.  
		Application to Criminal Cases
(735 ILCS 5/8-2401) (from Ch. 110, par. 8-2401)
Sec. 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 construction would
be inconsistent with the manifest intention of the context.
(Source: P.A. 83-707.)
(735 ILCS 5/Art. VIII Pt. 25 heading)
Part 25.  
		Expert Witness Standards
(735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
Sec. 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
following standards to determine if a witness qualifies as an expert witness
and can testify on the issue of the appropriate standard of care.
(a)
Relationship of the medical specialties of the witness to the medical
problem or problems
and the type of treatment administered in the case;
(b) Whether the witness has devoted
a
substantial portion of his or her

 time to the practice of medicine, teaching or University based research
in relation to the medical care and type of treatment at issue which gave
rise to the medical problem of which the plaintiff complains;
(c)
Whether the witness is licensed
 in the same profession as the defendant; and
(d) Whether, in the case against a nonspecialist, the witness can
demonstrate a sufficient familiarity with the standard of care practiced in
this State.
(Source: P.A. 97-1145, eff. 1-18-13.)
(735 ILCS 5/Art. VIII Pt. 26 heading)
Part 26.  
		Minors
(735 ILCS 5/8-2601) (from Ch. 110, par. 8-2601)
Sec. 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
unlawful sexual act performed in the presence of, with, by, or on the
declarant child, or testimony by such of an out-of-court statement made by
such child that he or she complained of such acts to another, is admissible
in any civil proceeding, if:  (1) the court conducts a hearing outside the
presence of the jury and finds that the time, content, and circumstances of
the statement provide sufficient safeguards of reliability; and (2) the
child either:  (i) testifies at the proceeding; or (ii) is unavailable as a
witness and there is corroborative evidence of the act which is the subject
of the statement.
(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its
determination, it shall consider the age and maturity of the child, the
nature of the statement, the circumstances under which the statement was
made, and any other relevant factors.
(c) The proponent of the statement shall give the adverse party
reasonable notice of an intention to offer the statement and the
particulars of the statement.
(Source: P.A. 85-1440.)
(735 ILCS 5/Art. VIII Pt. 27 heading)
Part 27.  
		Elder Adults
(735 ILCS 5/8-2701)
Sec. 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 Protective Services Act, who has been diagnosed by a physician to suffer
from (i) any form of dementia, developmental disability, or other form of
mental incapacity or (ii) any physical infirmity which prevents the eligible
adult's appearance in court, describing any act of  elder abuse, neglect, or
financial exploitation, or testimony by an eligible adult of an out of court
statement
made by the eligible adult that he or she complained of such acts to another,
is admissible in any civil proceeding, if:
(1) the court conducts a hearing outside the presence     of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and
(2) the eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is         corroborative evidence of the act which is the subject of the statement.
(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its determination,
it shall consider the condition of the eligible adult, the nature of the
statement, the
circumstances under which the statement was made, and any other relevant
factors.
(c) The proponent of the statement shall give the adverse party reasonable
notice of an intention to offer the statement and the particulars of the
statement.
(Source: P.A. 98-49, eff. 7-1-13.)
(735 ILCS 5/Art. VIII Pt. 28 heading)
Part 28.  Prior Sexual Activity or Reputation as Evidence
(Source: P.A. 96-307, eff. 1-1-10.)
(735 ILCS 5/8-2801)
Sec. 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 in subsections (b) and (c):
(1) evidence offered to prove that any victim engaged     in other sexual behavior; or
(2) evidence offered to prove any victim's sexual     predisposition.
(b) Exceptions.
(1) In a civil case, the following evidence is     admissible, if otherwise admissible under this Act:
(A) evidence of specific instances of sexual         behavior by the victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; and
(B) evidence of specific instances of sexual         behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.
(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under     subsection (b) must:
(A) file a written motion at least 14 days before         trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and
(B) serve the motion on all parties and notify         the victim or, when appropriate, the victim's guardian or representative.
(2) Before admitting evidence under this Section the     court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.
(Source: P.A. 96-307, eff. 1-1-10.)
(735 ILCS 5/Art. VIII Pt. 29 heading)
Part 29.  Immigration Status
(Source: P.A. 101-550, eff. 1-1-20.)
(735 ILCS 5/8-2901)
Sec. 8-2901. Admissibility of evidence; immigration status.
(a) Except as provided in subsection (b), evidence related to a person's immigration status is not admissible in any civil proceeding.
(b) Evidence otherwise inadmissible under this Act is admissible if:
(1) it is essential to prove an element of a claim or     an affirmative defense;
(2) it is offered to prove an interest or bias of a     witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature; or
(3) a person or his or her attorney voluntarily     reveals his or her immigration status to the court.
(c) A party intending to offer evidence relating to a person's immigration status shall file a written motion at least 14 days before a hearing or a trial specifically describing the evidence and stating the purpose for which it is offered. A court, for good cause, may require a different time for filing or permit filing during trial.
Upon receipt of the motion and notice to all parties, the court shall conduct an in camera hearing, with counsel present, limited to review of the probative value of the person's immigration status to the case. If the court finds that the evidence relating to a person's immigration status meets the criteria set forth in paragraph (1), (2), or (3) of subsection (b), the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence.
The motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise.
(d) A person may not, with the intent to deter any person or witness from testifying freely, fully, and truthfully to any matter before trial or in any court or before a grand jury, administrative agency, or any other State or local governmental unit, threaten to or actually disclose, directly or indirectly, a person's or witness's immigration status to any entity or any immigration or law enforcement agency. A person who violates this subsection commits a Class C misdemeanor.
(Source: P.A. 101-550, eff. 1-1-20.)