The short answer
What Illinois families should know.
Business records can provide reliable evidence of transactions and income when the required foundation is established. Illinois Rule of Evidence 803(6) addresses records of regularly conducted activity. A document does not qualify merely because it came from a company or appears on business letterhead.
Understand how the record was created
The rule concerns records made at or near the event by, or from information supplied by, someone with knowledge, kept in a regularly conducted activity as a regular practice. A custodian or other qualified witness can establish the foundation. A spreadsheet created only for litigation may require a different analysis from a ledger routinely maintained during ordinary operations.
A certification may replace part of the foundation
Rule 902(11) provides a certification route for qualifying records. The certification must address the required elements, and the opposing parties must receive the specified notice and opportunity to inspect and challenge the material. Obtaining records through a subpoena does not automatically supply this foundation. Counsel should request the appropriate supporting certification early enough to address defects.
Check the source of each important statement
A business record may include information supplied by an outsider or a statement with a separate hearsay problem. The regularity of the recordkeeping does not necessarily validate every embedded assertion. Identify who supplied the information and why the business recorded it. Counsel can evaluate whether additional testimony or another evidentiary basis is necessary for the particular fact being offered.
Challenge meaning and reliability with specifics
Even admissible records may be incomplete, mislabeled, corrected, or misunderstood. Compare statements across periods, reconcile totals, and distinguish transfers from income. Rule 803(6) also permits a trustworthiness challenge. A focused explanation of a missing entry or flawed method is more helpful than declaring all of the other spouse’s records unreliable. Preserve both the records and the explanation of how the calculations were made.
Prepare
Useful next steps
- Collect complete records for the relevant period and any correcting entries.
- Identify the custodian or person familiar with the recordkeeping system.
- Ask counsel whether a certification and advance notice are needed.
Avoid
Common missteps
- Assuming a subpoena makes every produced document admissible.
- Treating a litigation-created summary as an ordinary business record without analysis.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.