909.015 – General provision; illustrations.
909.015 General provision; illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of s. 909.01: (1) Testimony of witness with knowledge. Testimony of a witness with knowledge that a matter is what it is claimed to be. (2) Nonexpert opinion […]
909.02 – Self-authentication.
909.02 Self-authentication. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to any of the following: (1) Public documents under seal. A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal […]
909.03 – Subscribing witness’ testimony unnecessary.
909.03 Subscribing witness’ testimony unnecessary. The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. History: Sup. Ct. Order, 59 Wis. 2d R1, R349 (1973).
910.01 – Definitions.
910.01 Definitions. For purposes of this chapter the following definitions are applicable. (1) Writings and recordings. “Writings” and “recordings” consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation or recording. (2) Photographs. “Photographs” include still […]
908.045 – Hearsay exceptions; declarant unavailable.
908.045 Hearsay exceptions; declarant unavailable. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: (1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of another proceeding, […]
908.05 – Hearsay within hearsay.
908.05 Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in this chapter. History: Sup. Ct. Order, 59 Wis. 2d R1, R323 (1973). The admission of double hearsay did not violate the defendant’s right […]
908.06 – Attacking and supporting credibility of declarant.
908.06 Attacking and supporting credibility of declarant. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the […]
908.08 – Audiovisual recordings of statements of children.
908.08 Audiovisual recordings of statements of children. (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the audiovisual recording of an oral statement of […]
908.04 – Hearsay exceptions; declarant unavailable; definition of unavailability.
908.04 Hearsay exceptions; declarant unavailable; definition of unavailability. (1) “Unavailability as a witness” includes situations in which the declarant: (a) Is exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of the declarant’s statement; or (b) Persists in refusing to testify concerning the subject matter of the […]
907.06 – Court appointed experts.
907.06 Court appointed experts. (1) Appointment. The judge may on the judge’s own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The judge may appoint any expert witnesses agreed upon by the parties, and […]