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Hearsay and Business Records

·

By

ACL

The short answer

Hearsay is an out-of-court statement offered to prove that what it says is true. It is generally inadmissible unless an exception applies. Business records are one of the most important exceptions.

Where it fits in your case

Hearsay objections arise throughout trial and are often addressed in motions in limine.

What to expect

  • Business records are admissible if made at or near the time, by someone with knowledge, in the regular course of business (Illinois Rule of Evidence 803(6)).

  • Foundation usually comes from a custodian or a written certification.

  • Party statements. An opposing party’s own statements are generally not hearsay when offered against it.

  • Emails are not automatically business records; each may need its own basis.

What we need from you

Help identifying who keeps your records and how they are created and stored.

Common misconceptions

  • “Anything in our files is admissible.” Each record needs a foundation.

  • “Hearsay means secondhand gossip.” It covers documents too.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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