Where in any action or proceeding, the claim or defense is founded on a book account or any other record or document, any party or interested person may testify to his or her account book, or any other record or document and the items therein contained; that the same is a book, record, or document of original entries, and that the entries therein were made by himself or herself, and are true and just; or that the same were made by a deceased person, or by a disinterested person, a non-resident person of the state at the time of the trial, and where made by such deceased or non- resident person in the usual course of trade, and of his or her duty or employment to the party so testifying; and thereupon the account book and entries or any other record or document shall be admitted as evidence in the cause. Where such book of original entries or any other record or document has been photographed, microphotographed, microfilmed, optical imaged, or otherwise reproduced either in the usual course of business, or pursuant to any statute of this State authorizing the reproduction of public records, papers or documents, and the reproduction, in either case, complies with the minimum standards of quality for permanent records approved by the State Records Commission, then such reproduction shall be deemed to be an original record, book or document for all purposes, including introduction in evidence in all courts or administrative agencies.
8-401.Account books and records.
Article VIII. Evidence · Part 4. Account Books and Records · Last amended 1994 · Last verified July 20, 2026
In one sentenceA party can authenticate and admit their own account books, records, or documents by testifying that the entries are original, true, and made by themselves or by someone with a duty to make them accurately.
Full Text of 735 ILCS 5/8-401
Plain-English Summary
Section 8-401 gives parties a way to get business records into evidence when a claim or defense rests on a book account, record, or other document. A party or interested person can testify to their own account book or record, that it is a document of original entries, and that the entries were made by themselves and are true and just. Once that foundation is laid, the record comes in as evidence.
The section also covers entries made by someone else. If the entries were made by a person who has since died, or by a disinterested person who is now a non-resident of Illinois, the proponent can still authenticate the record by showing the entries were made in the usual course of trade and as part of that person's duty or employment to the testifying party.
Reproductions get the same treatment as originals. A book, record, or document that has been photographed, microphotographed, microfilmed, optical imaged, or otherwise reproduced in the usual course of business, or under a state statute authorizing reproduction of public records, is deemed an original for all purposes, including admission in evidence, as long as the reproduction meets the State Records Commission's quality standards for permanent records.
Frequently Asked Questions
How does a party get their own business records admitted into evidence in Illinois?
Under Section 8-401, when a claim or defense is founded on a book account or other record, a party can testify that the record is one of original entries, that the entries were made by them, and that the entries are true and just, which lays the foundation for admission.
Can records be authenticated if the person who made the entries has died?
Yes. If the entries were made by a deceased person, or by a disinterested person who is now a non-resident of Illinois, the record can still be authenticated by showing the entries were made in the usual course of trade and as part of that person's duty or employment.
Do microfilmed or scanned business records count as originals?
Yes. Section 8-401 deems a properly reproduced book, record, or document, whether photographed, microfilmed, or optical imaged, to be an original for all purposes if the reproduction meets the State Records Commission's quality standards for permanent records.
Does Section 8-401 interact with the Dead-Man's Act?
Yes. Section 8-201(c) says testimony that is competent under Section 8-401 is not barred by the Dead-Man's Act, so a properly authenticated account book or record can come in even where direct testimony about a conversation with a deceased person would otherwise be excluded.
What must a party show to authenticate an account book they did not personally prepare?
They must show the entries were made by a deceased or disinterested non-resident person in the usual course of trade, and that making the entries was part of that person's duty or employment to the party now offering the record.
Amendment History
(Source: P.A. 87-205; 88-609, eff. 9-1-94.)
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 business records exceptionaccount books evidence illinoisauthenticate business records illinoisreproduced documents original illinoisbook account evidence statute