8-905.Civil Proceeding.
Article VIII. Evidence · Part 9. Reporter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/8-905
Plain-English Summary
Section 8-905 is a procedural default provision. It states that all proceedings connected with obtaining an adjudication on the application described in Sections 8-903 and 8-904, to the extent Part 9 does not otherwise provide, proceed as in other civil cases.
This keeps Part 9 from having to restate the ordinary rules of civil procedure, such as service, scheduling, and general motion practice, that already govern circuit court proceedings. Part 9 supplies the special rules that make the reporter's privilege process distinct, such as the application contents, the court's consideration factors, and the required findings, while everything else defaults to standard civil procedure.
In effect, this section is the seam connecting the specialized shield-law procedure in Sections 8-901 through 8-909 to the rest of the Code of Civil Procedure that governs ordinary civil litigation.
Frequently Asked Questions
What procedural rules govern an application to divest a reporter's privilege in Illinois?
Section 8-905 says that proceedings to obtain an adjudication on the application, except as Part 9 of Article VIII otherwise provides, proceed as in other civil cases.
Why does Illinois law include a provision like Section 8-905?
It avoids restating the Code's general civil procedure rules within Part 9, letting the shield-law provisions focus on the distinctive requirements, such as the application's contents and the court's findings, while defaulting to ordinary civil procedure for everything else.
Does Section 8-905 create any special procedure of its own?
No. It is a default rule directing that, absent a specific Part 9 provision on point, ordinary civil case procedure applies to these proceedings.
How does Section 8-905 relate to Sections 8-903 and 8-904?
Sections 8-903 and 8-904 set the special requirements for who may apply and what the application must allege; Section 8-905 fills in that everything else about litigating the application follows ordinary civil procedure.
Does Section 8-905 apply to appeals from a divestiture order?
Section 8-905 addresses proceedings to obtain the adjudication itself; Section 8-908 separately addresses the privilege's continuation during the pendency of an appeal.
Amendment History
(Source: P.A. 82-280.)