The circuit courts shall have power, in any action pending before them, upon motion, and good and sufficient cause shown, and reasonable notice thereof given, to require the parties, or either of them, to produce books or writings in their possession or power which contain evidence pertinent to the issue.
8-402.Production of books and writings.
Article VIII. Evidence · Part 4. Account Books and Records · Last amended 2002 · Last verified July 20, 2026
In one sentenceCircuit courts can order a party, on motion and for good cause with reasonable notice, to produce books or writings in their possession that hold evidence relevant to the case.
Full Text of 735 ILCS 5/8-402
Plain-English Summary
Section 8-402 gives circuit courts express power to compel production of documents during a pending action. On motion, with good and sufficient cause shown and reasonable notice given, the court can require either party to produce books or writings they possess or control that hold evidence pertinent to the issues in the case.
The section is brief because it is a general grant of authority rather than a detailed procedure. It works alongside Section 8-401's rule for admitting account books and records once they are before the court, giving a party a mechanism to first get hold of records the opposing party is holding.
The requirements are modest but real: a motion, a showing of good and sufficient cause, and reasonable notice to the other side. The statute does not spell out further procedural detail, leaving the mechanics of scheduling and enforcement to the court's ordinary case management authority.
Frequently Asked Questions
Can a court in Illinois force a party to produce documents they are holding?
Yes. Section 8-402 lets a circuit court, on motion and for good and sufficient cause shown, order a party to produce books or writings in their possession or control that contain evidence pertinent to the case.
What must a party show to get an order compelling document production under this section?
The statute requires a motion, a showing of good and sufficient cause, and reasonable notice to the party from whom production is sought.
Does Section 8-402 apply only to account books?
No. It covers books or writings generally, so long as they contain evidence pertinent to the issue in the pending action, not just formal account records.
How does Section 8-402 relate to Section 8-401?
Section 8-402 is the mechanism for getting books or writings produced before the court; Section 8-401 governs how those records, once produced, can be authenticated and admitted as evidence.
Is reasonable notice required before a production order under Section 8-402?
Yes. The statute requires reasonable notice of the motion in addition to good and sufficient cause before the court will order production.
Amendment History
(Source: P.A. 92-651, eff. 7-11-02.)
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 compel document productionproduce books and writings illinoiscircuit court order to produce documentsdiscovery of records illinois civil case