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 of the context.
8-2401.Application to criminal cases.
Article VIII. Evidence · Part 24. Application to Criminal Cases · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExtends Article VIII's evidence provisions to criminal cases unless a provision says otherwise or applying it that way would conflict with the evident intent of its context.
Full Text of 735 ILCS 5/8-2401
Plain-English Summary
Everything in Article VIII of the Code of Civil Procedure — the article covering evidence — applies to criminal cases as well as civil ones, unless a provision expressly states otherwise, or unless applying it to a criminal case "would be inconsistent with the manifest intention of the context."
The practical effect: a reader of any Article VIII section, including the interpreter rules, handwriting-proof provisions, or the Medical Studies Act privilege covered elsewhere in this Part, should assume criminal-case application by default, since Article VIII isn't confined to civil litigation despite sitting inside the Code of Civil Procedure. This section doesn't add any substantive evidence rule of its own; it only sets the scope for the rest of the article.
Frequently Asked Questions
Does this section mean every Article VIII rule automatically applies in criminal cases?
As a default, yes — unless a specific provision says otherwise, or unless applying it would conflict with the manifest intention of its context.
Why would an evidence provision in the Code of Civil Procedure matter to a criminal case?
Because this section extends Article VIII's evidence rules to criminal cases as well as civil ones, subject to its own limits.
What overrides the default extension to criminal cases?
A provision's own express statement that it doesn't apply to criminal cases, or a context showing that applying it there would conflict with its manifest intent.
Does this section itself create any new evidence rule?
No — it's a scope-of-application provision, not a substantive evidence rule.
Which parts of this batch would this section's extension matter most for?
Provisions like the interpreter rules, the handwriting-proof provisions, and the Medical Studies Act privilege, where a criminal case could raise the same evidentiary question as a civil one.
Amendment History
(Source: P.A. 83-707.)
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: article VIII applies to criminal cases illinoisillinois evidence code criminal applicationcivil procedure evidence rules criminal casesevidence article applies criminal proceedings illinois