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A quick guide to the Illinois Dead Man's Act: according to the hornbook definition, the Act is an evidentiary rule barring testimony by someone with an interest in litigation about any conversation with or event occurring in the presence of a decedent. But what does that mean? This article offers some answers.

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In the latter part of the 20th century, various Illinois legal scholars championed the abolishment, abrogation (1) and/or repeal (2) of an alleged "outdated evidentiary rule" (3) known as the dead man's act ("the act"). As is discussed in detail below, and subject to exceptions, the act forbids introduction of a dead man's--or woman's--statements at trial.

The legislature did not respond to these calls for abolition. While over half the states have eliminated their Dead Man's Act, Illinois courts have repeatedly found the statute constitutional. (4)

In the early part of the 21st Century, the Illinois Supreme Court has again interpreted the ...

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