Illinois Compiled Statutes
735 ILCS 5/8-201 (2026)
Dead-Man's Act
✓ current as of May 2026
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(735 ILCS 5/8-201)
(from Ch. 110, par. 8-201)
Sec. 8-201. Dead-Man's Act. In the trial of any action in which any party sues or defends
as the representative of a deceased person or person under a legal disability,
no adverse
party or person directly interested in the action shall be allowed to
testify on his or her own behalf to any conversation with the deceased or
person under legal disability or to any event which took place in the presence of
the deceased or person under legal disability, except in the following instances:
(a) If any person testifies on behalf of the representative to any
conversation with the deceased or person under legal disability or to any event
which took place in the presence of the deceased or person under legal disability,
any adverse party or interested person, if otherwise competent, may
testify concerning the same conversation or event.
(b) If the deposition of the deceased or person under legal disability is
admitted in evidence on behalf of the representative, any adverse party
or interested person, if otherwise competent, may testify concerning the
same matters admitted in evidence.
(c) Any testimony competent under Section 8-401 of this Act, is not
barred by this Section.
(d) No person shall be barred from testifying as to any fact
relating to the heirship of a decedent.
As used in this Section:
(a) "Person under legal disability" means any person who is adjudged by the
court in the pending civil action to be unable to testify by reason of
mental illness, an intellectual disability, or deterioration of mentality.
(b) "Representative" means an executor, administrator, heir or legatee
of a deceased person and any guardian or trustee of any such
heir or legatee, or a guardian or guardian ad
litem for a person under legal disability.
(c) "Person directly interested in the action" or "interested
person" does not include a person who is interested solely as executor,
trustee or in any other fiduciary capacity, whether or not he or she receives
or expects to receive compensation for acting in that capacity.
(d) This Section applies to proceedings filed on or
after October 1, 1973.
(Source: P.A. 97-227, eff. 1-1-12.)
(735 ILCS 5/Art. VIII Pt. 3 heading) Part 3. Surviving Partner or Joint Contractor
(Source: P.A. 102-558, eff. 8-20-21.) |
Notes of Decisions
Cited in 90
cases (23 in the last 5 years), 1993–2026 · leading case: Gunn v. Sobucki, 837 N.E.2d 865 (Ill. 2005).
Gunn v. Sobucki, 837 N.E.2d 865 (Ill. 2005). “As noted earlier in this opinion, the court subsequently denied Gunn's motion for entry of judgment on his alternative claim for conversion.”
In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). “Ellizzette argued, inter alia, that the “plain text” of section 8-201(d) of the Dead Man’s Act provides that “[n]o person shall be barred from testifying as to any fact relating to the heirship of a decedent.”
Fleming v. Moswin, 2012 IL App (1st) 103475-B (Ill. App. Ct. 2012). “79 (1986); and (2) evidence was admitted at trial in violation of both the Dead-Man’s Act (735 ILCS 5/8-201 (West 2008)) and the general rule against hearsay.”
Gen. Auto Serv. Station, LLC v. Garrett, 2016 IL App (1st) 151924 (Ill. App. Ct. 2016). “General Auto then moved for summary judgment, and Monah responded arguing that the doctrine of laches barred General Auto's suit, and further, that the Dead-Man's Act (735 ILCS 5/8-201 (West 2012)) operated to No.”
In re Est. of McDonald, 2022 IL 126956 (Ill. 2022). “The Dead Man’s Act ¶ 79 In this case, the trial court granted Shawn’s motion in limine and barred Ellizzette from testifying at trial regarding her marriage and heirship, based on its finding that section 8-201 of the Code of Civil Procedure, commonly referred to as the Dead…”
Evans v. Brown, 925 N.E.2d 1265 (Ill. App. Ct. 2010). “The record is not clear to what extent, if any, the court accepted defense counsel's musings that Romann's statements to his coworker would not be admissible under the Dead-Man's Act (Act) (735 ILCS 5/8-201 (West 2008)), but given the important nature of this testimony, it was…”
In re Est. of Walsh, 2012 IL App (2d) 110938 (Ill. App. Ct. 2012). “Paul’s testimony that he was employed by or performed services for the decedent was objected to on the ground of the Dead-Man’s Act (735 ILCS 5/8-201 (West 2010)) and was stricken, as was his testimony that he did not receive any payment in return for his labor.”
Smith v. Haran, 652 N.E.2d 1167 (Ill. App. Ct. 1995). “8-201 (now 735 ILCS 5/8-201 (West 1992))); and (4) the evidence rebuts the presumption of consideration.”
In re Est. of Crawford, 2019 IL App (1st) 182703 (Ill. App. Ct. 2021). “In the case at bar, the probate court found that claimant was prohibited from testifying as to the alleged loans by the Dead-Man’s Act (Act) (735 ILCS 5/8-201 (West 2016)). The Act is set forth in section 8-201 of the Code and provides, in relevant part: “In the trial of any…”
Kresse v. Union Planters Bank, NA, 742 N.E.2d 874 (Ill. App. Ct. 2001). “During trial, the court barred a portion of Kresse's *876 testimony based upon section 8-201 of the Code of Civil Procedure (Code), often referred to as the Dead-Man's Act (alternately referred to herein as the Act) (735 ILCS 5/8-201 (West 1998)). Kresse appeals, arguing that…”
Danhauer v. Danhauer, 2013 IL App (1st) 123537 (Ill. App. Ct. 2014). “The petitioners further objected to evidence of the decedent’s intentions through the testimony of Peterson based on the Dead-Man’s Act (735 ILCS 5/8-201 (West 2012)). The court, however, determined that Peterson was not an interested party and, therefore, her testimony was…”
Ellington v. Bilsel, 626 N.E.2d 386 (Ill. App. Ct. 1993). “8-201 (now 735 ILCS 5/8-201 (West 1992))) such that the plaintiff was denied a fair trial; and (3) whether the jury was properly instructed.”
— 735 ILCS 5/8-201(a) — 14 cases
Fleming v. Moswin, 2012 IL App (1st) 103475-B (Ill. App. Ct. 2012). “79 (1986); and (2) evidence was admitted at trial in violation of both the Dead-Man’s Act (735 ILCS 5/8-201 (West 2008)) and the general rule against hearsay.”
Ball v. Kotter, 746 F. Supp. 2d 940 (N.D. Ill. 2010).
Argueta v. Krivickas, 2011 IL App (1st) 102166 (Ill. App. Ct. 2011).
In re Est. of Walsh, 2012 IL App (2d) 110938 (Ill. App. Ct. 2012). “Paul’s testimony that he was employed by or performed services for the decedent was objected to on the ground of the Dead-Man’s Act (735 ILCS 5/8-201 (West 2010)) and was stricken, as was his testimony that he did not receive any payment in return for his labor.”
Eyster v. Conrad, 2020 IL App (5th) 180261 (Ill. App. Ct. 2021).
— 735 ILCS 5/8-201(c) — 2 cases
In re Est. of Crawford, 2019 IL App (1st) 182703 (Ill. App. Ct. 2021). “In the case at bar, the probate court found that claimant was prohibited from testifying as to the alleged loans by the Dead-Man’s Act (Act) (735 ILCS 5/8-201 (West 2016)). The Act is set forth in section 8-201 of the Code and provides, in relevant part: “In the trial of any…”
Zang v. All. Fin. Servs. of Illinois, Ltd., 875 F. Supp. 2d 865 (N.D. Ill. 2012).
— 735 ILCS 5/8-201(d) — 3 cases
In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). “Ellizzette argued, inter alia, that the “plain text” of section 8-201(d) of the Dead Man’s Act provides that “[n]o person shall be barred from testifying as to any fact relating to the heirship of a decedent.”
In re Est. of McDonald, 2022 IL 126956 (Ill. 2022). “The Dead Man’s Act ¶ 79 In this case, the trial court granted Shawn’s motion in limine and barred Ellizzette from testifying at trial regarding her marriage and heirship, based on its finding that section 8-201 of the Code of Civil Procedure, commonly referred to as the Dead…”
In re Est. of McDonald, 2020 IL App (2d) 191113 (Ill. App. Ct. 2021).
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