The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.
8-1005.Ruling reviewable.
Article VIII. Evidence · Part 10. Judicial Notice · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe court, not the jury, decides what a judicially noticed sister-state law means, and that determination can be reviewed on appeal like any other legal ruling.
Full Text of 735 ILCS 5/8-1005
Plain-English Summary
This short section answers who decides the content of a law that must be judicially noticed under the preceding sections: the court, not the jury.
Because the determination is treated as a matter for the court rather than a factual question for the jury, it carries the character of a legal ruling.
That legal character is what makes the determination reviewable. A party dissatisfied with how the trial court read another jurisdiction's common law or statute can raise that reading on appeal.
Frequently Asked Questions
Who decides what an out-of-state law means for judicial notice purposes, the judge or the jury?
The court decides, not the jury.
Can a party appeal how the trial court interpreted another state's law?
Yes. The section states that the determination shall be reviewable.
Why does the statute take this decision away from the jury?
Because it treats the content of another jurisdiction's law as a question for the court to determine, similar to other questions of law.
Which sections does this reviewability rule connect to?
Does the statute set a special standard of review for this determination?
No. It confirms the determination is reviewable without specifying a particular standard.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois judicial notice review standardjudge not jury foreign law illinoisreviewability of judicial notice illinoiswho decides foreign law illinois court