Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities.
Suppose a customer at an automotive repair company is injured while waiting to receive the person’s vehicle when the customer falls down a stairwell and is injured. The manager of the auto repair shop by rule prepares an incident report. The customer who was injured hires an attorney who now seeks a copy of that incident report, but the auto repair shop attorney claims that the report is privileged.
Illinois’ Rule of Evidence 801(d)(2)(A) is the operative law on why the auto repair shop must turn over the incident report. Illinois Rule of Evidence 801(d)(2)(A) is an admission by a party opponent that states: “That the statement is offered against a party and is (A) the party’s own statement, in either an individual or a representative capacity.” IRE 801(d)(2)(A).