(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.)
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(735 ILCS 5/Art. VIII Pt. 4 heading) Part 4.
Account Books and Records
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(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.)
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