Chapter 735 — CIVIL PROCEDURE

(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 …

(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 c…

(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 t…

(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 dementi…

(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…

(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 …

(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 the…

(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…

(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 ei…

(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…

(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 th…

(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 …

(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…

(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 …

(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 organization…

(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 confi…

(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 enfor…

(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 t…

(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 …

(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. Bec…

(735 ILCS 5/8-804.5) Sec. 8-804.5. 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 practic…

(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 includ…

(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 pr…

(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 obtaine…

(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 defens…

(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…

(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 punis…

(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 o…

(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, th…

(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 h…

(735 ILCS 5/804.5) This Section was renumbered as Section 8-804.5 by P.A. 104-417) Sec. 804.5. (Renumbered). (Source: P.A. 102-100, eff. 7-15-21. Renumbered by P.A. 104-417, eff. 8-15-25.)

(735 ILCS 5/9-101) (from Ch. 110, par. 9-101) Sec. 9-101. Forcible entry prohibited. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. (Source: P.…

(735 ILCS 5/9-102) (from Ch. 110, par. 9-102) Sec. 9-102. When action may be maintained. (a) The person entitled to the possession of lands or tenements may be restored thereto under any of the following circumstances: (1) When a forcible entry is made thereon. (2) When a peaceab…

(735 ILCS 5/9-103) (from Ch. 110, par. 9-103) Sec. 9-103. Mobile home site. The rental of land upon which a mobile home is placed or the rental of a mobile home and the land on which it is placed, for more than 30 days, shall be construed as a lease of real property. However, not…

(735 ILCS 5/9-104) (from Ch. 110, par. 9-104) Sec. 9-104. Demand - Notice - Return. The demand required by Section 9-102 of this Act may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person of the age of 13 years or upwards, residing on, …

(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1) Sec. 9-104.1. Demand; notice; return; condominium and contract purchasers. (a) In case there is a contract for the purchase of such lands or tenements or in case of condominium property, the demand shall give the purchaser under s…

(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2) Sec. 9-104.2. Condominiums: demand, notice, termination of lease, and eviction. (a) Unless the Board of Managers is seeking to evict a tenant or other occupant of a unit under an existing lease or other arrangement with the owner …

(735 ILCS 5/9-104.3) (from Ch. 110, par. 9-104.3) Sec. 9-104.3. Applicability of Article. All common interest community associations electing pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this Article made applicable to such association shall follow the sam…

(735 ILCS 5/9-105) (from Ch. 110, par. 9-105) Sec. 9-105. Growing crops. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him or her and grown or growing on the premises at the time of the fili…

(735 ILCS 5/9-106) (from Ch. 110, par. 9-106) Sec. 9-106. Pleadings and evidence. (a) On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is enti…

(735 ILCS 5/9-106.1) (from Ch. 110, par. 9-106.1) Sec. 9-106.1. Action for condominium assessments not barred or waived by acceptance of assessments for time periods not covered by demand. An action brought under paragraph (7) of subsection (a) of Section 9-102 of this Act is nei…

(735 ILCS 5/9-106.2) Sec. 9-106.2. Affirmative defense for violence; barring persons from property. (a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is: (1) based s…

(735 ILCS 5/9-106.3) Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status. (a) It is an affirmative defense to an action maintained under this Article if the court finds that: (1) the landlord's demand for possession is based solely or in part on …

(735 ILCS 5/9-107) (from Ch. 110, par. 9-107) Sec. 9-107. Constructive service. If the plaintiff, his or her agent, or attorney files an eviction action, with or without joinder of a claim for rent in the complaint, and is unable to obtain personal service on the defendant or unk…

(735 ILCS 5/9-107.10) Sec. 9-107.10. Military personnel in military service; eviction action. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the P…

(735 ILCS 5/9-107.5) Sec. 9-107.5. Notice to unknown occupants. (a) Service of process upon an unknown occupant may be had by delivering a copy of the summons and complaint naming "unknown occupants" to the tenant or any unknown occupant or person of the age of 13 or upwards occu…

(735 ILCS 5/9-108) (from Ch. 110, par. 9-108) Sec. 9-108. Jury trial. In any case relating to premises used for residence purposes, either party may demand trial by jury, notwithstanding any waiver of jury trial contained in any lease or contract. (Source: P.A. 82-280.)