During the COVID-19 pandemic, some Illinois courts have been conducting hearings and small-claims trials via video conferencing. While public health concerns continue, this technological approach to court business has had its silver linings. Witnesses, for example, have been able to testify remotely, saving travel expense and time. Perhaps such remote court technology also will complement the increasing use of foundational affidavits for business records, since the other party will have ample opportunity to challenge foundational sources during discovery and trial. As Christopher DiPlacido writes in his October Illinois Bar Journal article, “For the Record,” the basic modern approach starts from the premise that all evidence is competent until the reverse is shown. Generally, DiPlacido shows, Illinois Supreme Court Rule 236 liberalizes the rules of evidence pertaining to regular business records by eliminating the need for the preparer’s testimony or proof of authorship.
