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 thereof, shall, by virtue of Section 8-101 of this Act, be rendered a competent witness to testify to any admission or conversation by any deceased partner or joint contractor, unless some one or more of the surviving partners or joint contractors were also present at the time of such admission or conversation; and in every action or proceeding a party to the same who has contracted with an agent of the adverse party - the agent having since died - shall not be a competent witness as to any admission or conversation between himself or herself and such agent, unless such admission or conversation with the deceased agent was had or made in the presence of a surviving agent or agents of such adverse party, and then only except where the conditions are such that under the provisions of Sections 8-201 and 8-401 of this Act he or she would have been permitted to testify if the deceased person had been a principal and not an agent.
8-301.Surviving partner or joint contractor.
Article VIII. Evidence · Part 3. Surviving Partner or Joint Contractor · Last amended 2021 · Last verified July 20, 2026
In one sentenceWhen a surviving partner, joint contractor, or agent is sued or sues, an adverse party generally cannot testify about admissions or conversations with a now-deceased partner, joint contractor, or agent unless a survivor was present.
Full Text of 735 ILCS 5/8-301
Plain-English Summary
Section 8-301 extends the logic of the Dead-Man's Act to business relationships. In a case by or against a surviving partner or joint contractor, Section 8-101's general rule that interest does not disqualify a witness does not make an adverse party competent to testify about an admission or conversation with a deceased partner or joint contractor, unless a surviving partner or joint contractor was also present when it happened.
The section adds a parallel rule for agents. If a party dealt with an agent of the adverse party and that agent has since died, the party cannot testify about an admission or conversation with the deceased agent unless a surviving agent of the same adverse party was present for it. Even then, the party can testify only under the same conditions that would let them testify under Sections 8-201 and 8-401 if the deceased person had been a principal rather than an agent.
The provision fills a gap the plain text of Section 8-101 would otherwise leave open: without it, a party could try to testify about a deceased partner's or agent's statements just because Section 8-101 says interest alone does not disqualify a witness. Section 8-301 makes clear that the Dead-Man's Act's concerns about testimony against someone who cannot answer back apply with equal force to partnerships, joint ventures, and agency relationships.
Frequently Asked Questions
Does the Dead-Man's Act apply to a deceased business partner?
Yes, through Section 8-301. In a suit by or against a surviving partner or joint contractor, an adverse party cannot testify about an admission or conversation with a deceased partner or joint contractor unless a surviving partner or joint contractor was present at the time.
What happens if the person who died was an agent rather than a partner?
The same restriction applies. A party cannot testify about an admission or conversation with a deceased agent of the adverse party unless a surviving agent of that party was present, and even then only under the conditions that would apply if the deceased person had been a principal.
Why does Section 8-301 exist alongside Section 8-101?
Section 8-101 says interest alone does not disqualify a witness. Without Section 8-301, that rule might be read to let a party testify freely about a deceased partner's or agent's statements. Section 8-301 preserves the Dead-Man's Act's protections in the partnership and agency context.
Does it matter if a surviving partner was present during the conversation?
Yes. Presence of a surviving partner or joint contractor at the time of the admission or conversation removes the bar, since that survivor can confirm or dispute what was said.
Which other sections does Section 8-301 cross-reference?
It refers to Section 8-101 for the general competency rule, and to Sections 8-201 and 8-401 for the conditions under which testimony about a deceased agent would be treated as if the agent had been a principal.
Amendment History
(Source: P.A. 102-558, eff. 8-20-21.)
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: dead man's act business partner illinoissurviving partner testimony illinoisdeceased agent testimony illinoisjoint contractor evidence rulepartnership dead man's act