Any person may take the deposition of a witness to perpetuate the remembrance of any fact, matter or thing, relating to the boundaries or improvements of land, the name or former name of water course, the name or former name of any portion or district of the county, the ancient customs, laws or usages of the inhabitants of any part of this country, as far as they may pertain to the future settlement of land claims or the marriage or pedigree of any person, any other matter or thing necessary to the security of any estate, or to any private right by filing a petition supported by affidavit in the circuit court of the proper county. The petition shall set forth, briefly and substantially, the petitioner's interest, claim or title in or to the subject concerning which the petitioner desires to perpetuate evidence, the fact intended to be established, the names of all other persons interested or supposed to be interested therein, whether there are any persons interested therein whose names are unknown to the petitioner (who shall be designated as unknown owners), and the name of the witness proposed to be examined. Except as in this Section otherwise provided, the procedure for the giving of notice to interested persons, including unknown owners, and the manner of taking the deposition shall be that provided by the rules of the Supreme Court now or hereafter in effect for the taking of depositions for the perpetuation of testimony. A deposition taken under this Section may be used as evidence in any case in the same manner and subject to the same conditions and objections as if it had originally been taken in that case. The deposition is admissible against parties notified as unknown owners to the same extent as it is against other notified parties.
8-2301.Perpetuation of testimony.
Article VIII. Evidence · Part 23. Perpetuating Testimony · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets anyone petition the circuit court to take a deposition preserving testimony on land boundaries, place names, old land-related customs, marriage or pedigree, or other matters necessary to protect an estate or private right.
Full Text of 735 ILCS 5/8-2301
Plain-English Summary
This section allows testimony to be preserved, before it's lost, on a defined list of subjects: the boundaries or improvements of land, the name or former name of a watercourse, the name or former name of any portion or district of the county, the ancient customs, laws, or usages of the inhabitants of any part of the country as they bear on the future settlement of land claims, the marriage or pedigree of a person, or any other matter necessary to the security of an estate or a private right.
The process starts with a petition supported by affidavit, filed in the circuit court of the proper county. The petition must set out, briefly and substantially, the petitioner's interest, claim, or title in the subject; the fact intended to be established; the names of other interested persons, with any unknown owners designated as such; and the name of the proposed witness. Except as this section otherwise provides, notice to interested persons (including unknown owners) and the manner of taking the deposition follow the Illinois Supreme Court's rules for depositions to perpetuate testimony.
A deposition taken this way may later be used as evidence in any case on the same terms and subject to the same conditions and objections as if it had originally been taken in that case, and it's admissible against parties notified as unknown owners to the same extent as against other notified parties.
Frequently Asked Questions
What subjects can a petition under this section cover?
Land boundaries or improvements, the name or former name of a watercourse or of a county area or district, ancient customs, laws, or usages bearing on future land-claim settlement, a person's marriage or pedigree, or any other matter necessary to the security of an estate or a private right.
How does someone start this process?
By filing a petition, supported by affidavit, in the circuit court of the proper county.
What must the petition include?
The petitioner's interest, claim, or title in the subject; the fact intended to be established; the names of other interested persons, designating any as unknown owners if their names are unknown; and the name of the proposed witness.
What procedure governs notice and the deposition itself?
Except as this section otherwise provides, the Illinois Supreme Court's rules for taking depositions to perpetuate testimony.
Can a deposition taken under this section be used in a later, unrelated case?
Yes — it can be used as evidence in any case on the same terms and subject to the same conditions and objections as if it had originally been taken in that case, including against parties notified as unknown owners.
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: perpetuate testimony illinoispreserve testimony before lawsuit illinoisdeposition to perpetuate evidence illinois landillinois pedigree marriage deposition