Illinois Court Considers Application of the Dead-Man’s Act to Deposition Testimony


In a recent case, one issue considered by Second District Appellate Court of Illinois in Balma v. Henry, No. 2-09-1301, was whether the Dead-Man’s Act (the Act) can be used to prevent statements in discovery depositions from being admitted in summary judgment proceedings and/or at trial.

Balma involved a car accident which resulted in a personal injury lawsuit. The plaintiffs alleged that the defendants’ negligence–namely rear ending the plaintiffs’ vehicle with their vehicle–caused their injuries. During the discovery phase of the proceeding, one of the defendants, Edward Henry, was deposed and then later died of causes unrelated to the accident.

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