908.01 Definitions. The following definitions apply under this chapter: (1) Statement. A “statement” is (a) an oral or written assertion or (b) nonverbal conduct of a person, if it is intended by the person as an assertion. (2) Declarant. A “declarant” is a person who makes a statement. (3) Hearsay. “Hearsay” is a statement, other […]
908.02 Hearsay rule. Hearsay is not admissible except as provided by these rules or by other rules adopted by the supreme court or by statute. History: Sup. Ct. Order, 59 Wis. 2d R1, R248 (1973). The rule of completeness requires that a statement, including otherwise inadmissible evidence including hearsay, be admitted in its entirety when […]
908.03 Hearsay exceptions; availability of declarant immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. (2) Excited utterance. A […]
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 […]
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. 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. 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. (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 […]
