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2005 Illinois 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, mental retardation 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. 82‑280.)

      (735 ILCS 5/Art. VIII Pt. 3 heading)
Part 3. Surviving Partner or Joint‑Contractor

    (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. 82‑280.)

      (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 court, 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.
(Source: P.A. 82‑280.)

      (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, (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) in any criminal action where the charge is either first degree murder by abortion, attempted abortion or abortion, (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, or (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 1961.
    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. 87‑803; 92‑854, eff. 12‑5‑02.)

    (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 12‑12 of the Criminal Code of 1961, as amended, including acts prohibited under Sections 12‑13 through 12‑16 of the Criminal Code of 1961, as amended. 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 the 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.
        (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, 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.
        (3) When a victim is deceased or has been adjudged
    
incompetent by a court of competent jurisdiction, the victim's guardian or the executor or administrator of the victim's estate may waive the privilege established by this Section, unless the guardian, 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.
    (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. 88‑33; 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)

    (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.
    (c) The court may impose such sanctions as are necessary
    
to enforce its order.
(Source: P.A. 94‑174, eff. 1‑1‑06.)

    (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/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. Interpreter's privilege.
    (a) An "interpreter" is a person who aids a communication when at least one party to the communication has a hearing or speaking impairment or a language difficulty.
    (b) If a communication is otherwise privileged, that underlying privilege is not waived because of the presence of the interpreter.
    (c) The 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. 87‑409.)

      (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 action of ejectment or forcible entry and detainer, 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. 83‑707.)

    (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/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.
    (a) 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.
    (b) Any expression of grief, apology, or explanation provided by a health care provider, including, but not limited to, a statement that the health care provider is "sorry" for the outcome to a patient, the patient's family, or the patient's legal representative about an inadequate or unanticipated treatment or care outcome that is provided within 72 hours of when the provider knew or should have known of the potential cause of such outcome shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. The disclosure of any such information, whether proper, or improper, shall not waive or have any effect upon its confidentiality or inadmissibility. As used in this Section, a "health care provider" is any hospital, nursing home or other facility, or employee or agent thereof, a physician, or other licensed health care professional. Nothing in this Section precludes the discovery or admissibility of any other facts regarding the patient's treatment or outcome as otherwise permitted by law.
    (c) The changes to this Section made by this amendatory Act of the 94th General Assembly apply to causes of action accruing on or after its effective date.
(Source: P.A. 94‑677, eff. 8‑25‑05.)

      (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 records.
    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 an organizational structure whose records are subject to Section 8‑2003.
    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, permit the patient, his or her physician, 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 physician or authorized attorney. 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. The health care facility shall be reimbursed by the person requesting copies of records at the time of such copying for all reasonable expenses, including the costs of independent copy service companies, incurred by the health care facility in connection with such copying not to exceed a $20 handling charge for processing the request for copies, and 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), and actual shipping costs. These rates shall be automatically adjusted as set forth in Section 8‑2006. The health care facility 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.
    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, physician, 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 health care facility needs more time to comply with the request, then within 30 days after receiving the request, the facility 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 must provide the requested information no later than 60 days after receiving the request.
    A health care facility must provide the public with at least 30 days prior notice of the closure of the facility. 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 is located.
    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.
(Source: P.A. 93‑87, eff. 7‑2‑03; 94‑155, eff. 1‑1‑06.)

    (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 Alcoholism and Other Drug Abuse and Dependency 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 Alcoholism and Other Drug Abuse and Dependency 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. 88‑670, eff. 12‑2‑94; 89‑507, eff. 7‑1‑97.)

    (735 ILCS 5/8‑2003) (from Ch. 110, par. 8‑2003)
    Sec. 8‑2003. Records of health care practitioners. In this Section, "practitioner" means any health care practitioner, including a physician, dentist, podiatrist, advanced practice nurse, physician assistant, clinical psychologist, or clinical social worker. 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 as defined in Section 8‑2001.
    Every practitioner shall, upon the request of any patient who has been treated by such practitioner, permit the patient and the patient's practitioner or authorized attorney 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. Such request for examining and copying of the records shall be in writing and shall be delivered to such practitioner. Such written request shall be complied with by the practitioner within a reasonable time after receipt by him or her at his or her office or any other place designated by him or her.
    The requirements of this Section shall be satisfied within 30 days of the receipt of a written request. If the practitioner needs more time to comply with the request, then within 30 days after receiving the request, the 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 practitioner must provide the requested information no later than 60 days after receiving the request.
    The practitioner shall be reimbursed by the person requesting such records at the time of such copying, for all reasonable expenses, including the costs of independent copy service companies, incurred by the practitioner in connection with such copying not to exceed a $20 handling charge for processing the request for copies, and 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), and actual shipping costs. These rates shall be automatically adjusted as set forth in Section 8‑2006. The physician or other 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.
    A health care practitioner must provide the public with at least 30 days prior notice of the closure of the practitioner's practice. The notice must include an explanation of how copies of the practitioner'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 practitioner's practice is located.
    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.
(Source: P.A. 92‑228, eff. 9‑1‑01; 93‑87, eff. 7‑2‑03.)

    (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 for copies, and 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), and actual shipping costs. 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. 92‑228, eff. 9‑1‑01.)

    (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, 8‑2003, 8‑2004, 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 on January 20 of every year.
(Source: P.A. 92‑228, eff. 9‑1‑01.)

      (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 applicable to a medical professional 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) Whether the witness is board certified or board eligible, or has completed a residency, in the same or substantially similar medical specialties as the defendant and is otherwise qualified by significant experience with the standard of care, methods, procedures, and treatments relevant to the allegations against the defendant;
    (b) Whether the witness has devoted a majority of his or her work 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 with the same class of license as the defendant if the defendant is an individual; 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.
    An expert shall provide evidence of active practice, teaching, or engaging in university‑based research. If retired, an expert must provide evidence of attendance and completion of continuing education courses for 3 years previous to giving testimony. An expert who has not actively practiced, taught, or been engaged in university‑based research, or any combination thereof, during the preceding 5 years may not be qualified as an expert witness.
    The changes to this Section made by this amendatory Act of the 94th General Assembly apply to causes of action accruing on or after its effective date.
(Source: P.A. 94‑677, eff. 8‑25‑05.)

      (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 Elder Abuse and Neglect 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. 90‑628, eff. 1‑1‑99.)

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