906.01 General rule of competency. Every person is competent to be a witness except as otherwise provided in these rules. History: Sup. Ct. Order, 59 Wis. 2d R1, R157 (1973); Sup. Ct. Order No. 16-01, 2017 WI 13, 373 Wis. 2d xiii. The “best evidence rule” requires production of a writing to prove its contents. […]
906.02 Lack of personal knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness. This rule is subject to the provisions of […]
906.03 Oath or affirmation. (1) Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness’s conscience and impress the witness’s mind with the witness’s duty to do so. (2) The oath may be administered substantially in the […]
906.04 Interpreters. An interpreter is subject to the provisions of chs. 901 to 911 relating to qualification as an expert and the administration of an oath or affirmation that the interpreter will make a true translation. History: Sup. Ct. Order, 59 Wis. 2d R1, R162 (1973); 1981 c. 390; 1991 a. 32.
906.05 Competency of judge as witness. The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. History: Sup. Ct. Order, 59 Wis. 2d R1, R163 (1973). A judge who carefully considered the transcribed record and the judge’s recollection of […]
906.06 Competency of juror as witness. (1) At the trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which the member is sitting as a juror. If the juror is called so to testify, the opposing party shall be afforded an opportunity […]
906.07 Who may impeach. The credibility of a witness may be attacked by any party, including the party calling the witness. History: Sup. Ct. Order, 59 Wis. 2d R1, R169 (1973); 1991 a. 32.
906.08 Evidence of character and conduct of witness. (1) Opinion and reputation evidence of character. Except as provided in s. 972.11 (2), the credibility of a witness may be attacked or supported by evidence in the form of reputation or opinion, but subject to the following limitations: (a) The evidence may refer only to character […]
906.09 Impeachment by evidence of conviction of crime or adjudication of delinquency. (1) General rule. For the purpose of attacking character for truthfulness, a witness may be asked whether the witness has ever been convicted of a crime or adjudicated delinquent and the number of such convictions or adjudications. If the witness’s answers are consistent […]
906.10 Religious beliefs or opinions. Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness’s credibility is impaired or enhanced. History: Sup. Ct. Order, 59 Wis. 2d R1, R184 (1973); 1991 a. 32.
906.11 Mode and order of interrogation and presentation. (1) Control by judge. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to do all of the following: (a) Make the interrogation and presentation effective for the ascertainment of the truth. (b) Avoid needless consumption of […]
906.12 Writing used to refresh memory. If a witness uses a writing to refresh the witness’s memory for the purpose of testifying, either before or while testifying, an adverse party is entitled to have it produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which […]
906.13 Prior statements of witnesses. (1) Examining witness concerning prior statement. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown or its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing […]
906.14 Calling and interrogation of witnesses by judge. (1) Calling by judge. The judge may, on the judge’s own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called. (2) Interrogation by judge. The judge may interrogate witnesses, whether called by the judge or by […]
906.15 Exclusion of witnesses. (1) At the request of a party, the judge or a circuit court commissioner shall order witnesses excluded so that they cannot hear the testimony of other witnesses. The judge or circuit court commissioner may also make the order of his or her own motion. (2) Subsection (1) does not authorize […]
906.16 Bias of witness. For the purpose of attacking the credibility of a witness, evidence of bias, prejudice, or interest of the witness for or against any party to the case is admissible. History: Sup. Ct. Order No. 16-02A, 2017 WI 92, 378 Wis. 2d xiii. NOTE: Sup. Ct. Order No. 16-02A states that: “The […]
