Legal Help - Civil Procedure

My question involves court procedures for the state of: Illinois

I understand that 803(8) has a few different interpretations, as I've come across a few different interpretations. However, I'm dealing with CIVIL court and the ILLINOIS rules of evidence rather than the federal rules of evidence in this situation.

Can a police report be used in civil court between two domestic parties?

Let me qualify it, for hearsay sake.

1) Person 1 calls the police to report an alleged crime that Person A is alleged of committing
2) Police officer shows up
3) Person 1 tells the police officer what happened
4) Person 2, another resident of the residence, tells the police officer her take on things from what she has observed of Person A
5) The police officer generates a police report with what Person 1 and Person 2 had to say about Person A
6) It becomes public record

Can this police report be used in civil court as evidence rather than hearsay?

Quote:

FRE 803(8) provides that records, reports, statements, or data compilation, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.

source: http://www.proskauerguide.com/litiga.../:pf_printable

Quote:

(5) Structural Change: A hearsay exception in Illinois with respect to both business and public records is recognized in civil cases by Illinois Supreme Court Rule 236, excluding police accident reports, and in criminal cases by section 115 of the Code of Criminal Procedure (725 ILCS 5/115), excluding medical records and police investigative records. The Illinois Rules of Evidence in Rule 803(6), records of regularly conducted activity (i.e., business records), and in Rule 803(8), public records and reports, while retaining the exclusions described above, removes the difference between civil and criminal business and public records in favor of the traditional and otherwise uniformly accepted division between business records, Rule 803(6), and public records and reports, Rule 803(8), both applicable in civil and criminal cases.

source: http://www.state.il.us/court/supreme...e/Evidence.htm

Quote:

(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, police accident reports and in criminal cases medical records and matters observed by police officers and other law enforcement personnel, unless the sources of information or other circumstances indicate lack of trustworthiness.

source: http://www.state.il.us/court/supreme...e/Evidence.htm ]]>