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Home » US Law » 2022 Wisconsin Statutes & Annotations » Evidence. » Chapter 905 - Evidence — privileges.

905.01 – Privileges recognized only as provided.

905.01 Privileges recognized only as provided. Except as provided by or inherent or implicit in statute or in rules adopted by the supreme court or required by the constitution of the United States or Wisconsin, no person has a privilege to: (1) Refuse to be a witness; or (2) Refuse to disclose any matter; or […]

905.015 – Interpreters for persons with language difficulties, limited English proficiency, or hearing or speaking impairments.

905.015 Interpreters for persons with language difficulties, limited English proficiency, or hearing or speaking impairments. (1) If an interpreter for a person with a language difficulty, limited English proficiency, as defined in s. 885.38 (1) (b), or a hearing or speaking impairment interprets as an aid to a communication which is privileged by statute, rules […]

905.02 – Required reports privileged by statute.

905.02 Required reports privileged by statute. A person, corporation, association, or other organization or entity, either public or private, making a return or report required by law to be made has a privilege to refuse to disclose and to prevent any other person from disclosing the return or report, if provided by law. A public […]

905.03 – Lawyer-client privilege.

905.03 Lawyer-client privilege. (1) Definitions. As used in this section: (a) A “client” is a person, public officer, or corporation, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from the lawyer. […]

905.04 – Privilege between certain health-care providers and patients.

905.04 Privilege between certain health-care providers and patients. (1) Definitions. In this section: (a) “Chiropractor” means a person licensed under s. 446.02, or a person reasonably believed by the patient to be a chiropractor. (b) A communication or information is “confidential” if not intended to be disclosed to 3rd persons other than those present to […]

905.045 – Domestic violence or sexual assault advocate-victim privilege.

905.045 Domestic violence or sexual assault advocate-victim privilege. (1) Definitions. In this section: (a) “Abusive conduct” means abuse, as defined in s. 813.122 (1) (a), of a child, as defined in s. 813.122 (1) (b), interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), sexual […]

905.05 – Husband-wife and domestic partner privilege.

905.05 Husband-wife and domestic partner privilege. (1) General rule of privilege. A person has a privilege to prevent the person’s spouse or former spouse or domestic partner or former domestic partner from testifying against the person as to any private communication by one to the other made during their marriage or domestic partnership. As used […]

905.06 – Communications to members of the clergy.

905.06 Communications to members of the clergy. (1) Definitions. As used in this section: (a) A “member of the clergy” is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting the individual. (b) A communication is “confidential” if made privately […]

905.065 – Honesty testing devices.

905.065 Honesty testing devices. (1) Definition. In this section, “honesty testing device” means a polygraph, voice stress analysis, psychological stress evaluator or any other similar test purporting to test honesty. (2) General rule of the privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing any oral or written […]

905.07 – Political vote.

905.07 Political vote. Every person has a privilege to refuse to disclose the tenor of the person’s vote at a political election conducted by secret ballot unless the vote was cast illegally. History: Sup. Ct. Order, 59 Wis. 2d R1, R139 (1973); 1991 a. 32.

905.08 – Trade secrets.

905.08 Trade secrets. A person has a privilege, which may be claimed by the person or the person’s agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret as defined in s. 134.90 (1) (c), owned by the person, if the allowance of the privilege will not tend […]

905.09 – Law enforcement records.

905.09 Law enforcement records. The federal government or a state or a subdivision thereof has a privilege to refuse to disclose investigatory files, reports and returns for law enforcement purposes except to the extent available by law to a person other than the federal government, a state or subdivision thereof. The privilege may be claimed […]

905.10 – Identity of informer.

905.10 Identity of informer. (1) Rule of privilege. The federal government or a state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of law to a law enforcement officer or member of a […]

905.11 – Waiver of privilege by voluntary disclosure.

905.11 Waiver of privilege by voluntary disclosure. A person upon whom this chapter confers a privilege against disclosure of the confidential matter or communication waives the privilege if the person or his or her predecessor, while holder of the privilege, voluntarily discloses or consents to disclosure of any significant part of the matter or communication. […]

905.13 – Comment upon or inference from claim of privilege; instruction.

905.13 Comment upon or inference from claim of privilege; instruction. (1) Comment or inference not permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. (2) Claiming privilege without knowledge of jury. […]

905.14 – Privilege in crime victim compensation proceedings.

905.14 Privilege in crime victim compensation proceedings. (1) Except as provided in sub. (2), no privilege under this chapter exists regarding communications or records relevant to an issue of the physical, mental or emotional condition of the claimant or victim in a proceeding under ch. 949 in which that condition is an element. (2) The […]

905.15 – Privilege in use of federal tax return information.

905.15 Privilege in use of federal tax return information. (1) An employee of the department of health services, the department of children and families or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to […]

905.16 – Communications to veteran mentors.

905.16 Communications to veteran mentors. (1) Definitions. As used in this section: (a) A communication is “confidential” if not intended to be disclosed to 3rd parties other than to those persons present to further the interests of the veteran or member or to persons reasonably necessary for the transmission of the communication. (b) A “veteran […]