Flavin argued and the trial court found that this statement was absolutely privileged pursuant to section 587 of the Restatement. In a defamation action, a claim of absolute privilege is treated as an affirmative defense. Lykowski v. Bergman, 299 c. App. 3d 157, 165 (1998). Where a defendant moves for summary judgment based on an affirmative defense, the defendant must present admissible evidentiary matter sufficient to establish a factual basis for the affirmative defense raised. Soderlund Brothers, Inc. v. Carrier Corp., 278 Ill. App. 3d 606, 615 (1995). Section 587 of the Restatement provides: “A party to private litigation or a private prosecutor or defendant in a criminal prosecution is absolutely privileged to publish defamatory matte , 234 Ill. App. 3d 257, 260 (2d Dist. 1992) (<HOLDING>). Neither the First District nor our supreme
recognizing rule recognizing the same rule in texas courts holding that when a statute directly and irreconcilably conflicts with a supreme court rule on a matter within the courts authority the rule prevails holding that exclusionary rule to be applied as a matter of state law is no broader than the federal rule recognizing public or official writings exception and noting that the same rule prevails in the courts of all of the states of this union