My experience with the hearsay evidence rules usually involves trying to get a business record like an invoice or spreadsheet into evidence at trial or on summary judgment. The business records hearsay exception is found at Illinois Evidence Rule 803(6) and mirrors the Federal counterpart. “Exception” in the context of hearsay evidence means a document is hearsay (an …
Tag Archives: 803(6)
Bank’s Guaranty Claims Prevail Over Guarantor’s Estate (Part II of II)
In addition to affirming the trial court’s striking the Estate’s affirmative defenses, the First District in JPMorgan Chase Bank, N.A. v. East-West Logistics, LLC, 2014 IL App (1st) 121111 also upheld the Section 2-615 dismissal of the Estate’s fraud-based counterclaims and the summary judgment awarded the plaintiff bank on its breach of guaranty claim against the Estate. Fraud and Consumer Fraud To state …
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Contractor Invoices Not Hearsay Where Offered to Show “Effect On Recipient”
In In re 3RC Mechanical & Contracting Services, LLC v. Climatemp, Inc., 2013 WL 6172673 (N.D.Ill. 2013), the Debtor’s trustee sued the defendant for breach of a construction contract. The defendant moved for summary judgment and supported the motion with its project manager’s affidavit and over 30 exhibits – mainly invoices and bills. The Trustee moved to strike about …
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