2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Part 2 - Dead-Man\'s Act
(735 ILCS 5/8‑201)
(from Ch. 110, par. 8‑201)
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,
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.)
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