reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.03 - Oath or affirmation.

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 following form: Do you solemnly swear that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God.
(3)
Every person who shall declare that the person has conscientious scruples against taking the oath, or swearing in the usual form, shall make a solemn declaration or affirmation, which may be in the following form: Do you solemnly, sincerely and truly declare and affirm that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth; and this you do under the pains and penalties of perjury.
(4)
The assent to the oath or affirmation by the person making it may be manifested by the uplifted hand.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R161 (1973); 1991 a. 32.
A witness who is a young child need not be formally sworn to meet the oath or affirmation requirement. State v. Hanson, 149 Wis. 2d 474, 439 N.W.2d 133 (1989).
The purpose of an oath or affirmation is to impress upon the swearing individual an appropriate sense of obligation to tell the truth. The statutes do not invoke specific, mandated language or formulaic procedures in the administration of an oath or affirmation. The oath or affirmation requirement is an issue of substance, not form. State v. Moeser, 2022 WI 76, 405 Wis. 2d 1, 982 N.W.2d 45, 19-2184.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.04 - Interpreters.

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.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.05 - Competency of judge as witness.

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 a previous proceeding involving the defendant did not impermissibly testify. State v. Meeks, 2002 WI App 65, 251 Wis. 2d 361, 643 N.W.2d 526, 01-0263.
Reversed on other grounds. 2003 WI 104, 263 Wis. 2d 794, 666 N.W.2d 859, 01-0263.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.07 - Who may impeach.

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.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.10 - Religious beliefs or opinions.

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.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.12 - Writing used to refresh memory.

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 relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this rule, the judge shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the judge in the judge's discretion determines that the interests of justice so require, declaring a mistrial.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R193 (1973); 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.13 - Prior statements of witnesses.

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 counsel upon the completion of that part of the examination.
(2)
Extrinsic evidence of prior inconsistent statement of a witness.
(a)
Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless any of the following is applicable:
1.
The witness was so examined while testifying as to give the witness an opportunity to explain or to deny the statement.
2.
The witness has not been excused from giving further testimony in the action.
3.
The interests of justice otherwise require.
(b)
Paragraph (a) does not apply to admissions of a party-opponent as defined in s. 908.01 (4) (b).
History:  Sup. Ct. Order, 59 Wis. 2d R1, R197 (1973); 1991 a. 32; 1999 a. 85.
A witness for the defense could be impeached by prior inconsistent statements to the district attorney even though made in the course of plea bargaining as to a related offense. Taylor v. State, 52 Wis. 2d 453, 190 N.W.2d 208 (1971).
A statement by a defendant, not admissible as part of the prosecution's case because it was taken without the presence of the defendant's counsel, may be used on cross-examination for impeachment if the statement is trustworthy. Wold v. State, 57 Wis. 2d 344, 204 N.W.2d 482 (1973).
A bright line test for determining whether a defendant's prior inconsistent statement is admissible for impeachment is whether it was compelled. State v. Pickett, 150 Wis. 2d 720, 442 N.W.2d 509 (Ct. App. 1989).
This section is applicable in criminal cases. A defense investigator's reports of witness interviews are statements under sub. (1) but only must be disclosed if defense counsel has examined the witness concerning the statements made to the investigator. State v. Hereford, 195 Wis. 2d 1054, 537 N.W.2d 62 (Ct. App. 1995), 94-1596.
A prior inconsistent statement is admissible under sub. (2) without first confronting the witness with that statement. Under sub. (2) (a) 2. and 3. extrinsic evidence of prior inconsistent statements is admissible if the witness has not been excused from giving further testimony in the case or if the interest of justice otherwise requires its admission. State v. Smith, 2002 WI App 118, 254 Wis. 2d 654, 648 N.W.2d 15, 01-1662.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.14 - Calling and interrogation of witnesses by judge.

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 a party.
(3)
Objections. Objections to the calling of witnesses by the judge or to interrogation by the judge may be made at the time or at the next available opportunity when the jury is not present.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R200 (1973); 1991 a. 32.
A trial judge's elicitation of trial testimony is improper if the cumulative effect of the judge's questioning and direction of the course of the trial has a substantial prejudicial effect on the jury. Schultz v. State, 82 Wis. 2d 737, 264 N.W.2d 245 (1978).
The practice of judicial interrogation is a dangerous one but does not require that no court should be allowed to call and question a witness prior to completion of the presentation of evidence. State v. Carprue, 2004 WI 111, 274 Wis. 2d 656, 683 N.W.2d 31, 02-2781.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.15 - Exclusion of witnesses.

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 exclusion of any of the following:
(a)
A party who is a natural person.
(b)
An officer or employee of a party which is not a natural person designated as its representative by its attorney.
(c)
A person whose presence is shown by a party to be essential to the presentation of the party's cause.
(d)
A victim, as defined in s. 950.02 (4), in a criminal case or a victim, as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the judge or circuit court commissioner finds that exclusion of the victim is necessary to provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile. The presence of a victim during the testimony of other witnesses may not by itself be a basis for a finding that exclusion of the victim is necessary to provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile.
(3)
The judge or circuit court commissioner may direct that all excluded and non-excluded witnesses be kept separate until called and may prevent them from communicating with one another until they have been examined or the hearing is ended.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R202 (1973); 1991 a. 32; 1997 a. 181; 2001 a. 61.
Under sub. (3), a circuit court has the authority to prevent an attorney from sharing with a nonparty witness who has yet to testify the testimony of prior witnesses during a recess, including barring a witness from reading a transcript of that testimony. State v. Copeland, 2011 WI App 28, 332 Wis. 2d 283, 798 N.W.2d 250, 08-2713.
2023 Wisconsin Statutes & Annotations › Chapter 906 - Evidence — witnesses. › 906.16 - Bias of witness.

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 Judicial Council Notes to Wis. Stats. §§ 901.07, 906.08, 906.09, and 906.16 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
Judicial Council Note, 2017:  This rule is adopted from the Uniform Rules of Evidence 616, which codifies United States v. Abel, 469 U.S. 45, 105 S. Ct. 465, 83 L.Ed.2d 450 (1984). The rule codifies the common law in Wisconsin . See State v. Long, 2002 WI App 114, ¶18, 255 Wis. 2d 729, 647 N.W.2d 884 (“Wisconsin law is in accordance with the principle set forth in Abel."). The committee viewed codification of the rule as useful, however, to reiterate that bias, prejudice, or interest of a witness is a fact of consequence under Wis. Stat. § 904.01. Further, the rule should make it clear that bias, prejudice, or interest is not a collateral matter, and can be established by extrinsic evidence. State v. Williamson, 84 Wis. 2d 370, 383, 267 N.W.2d 337, 343 (1978) (“The bias or prejudice of a witness is not a collateral issue and extrinsic evidence may be used to prove that a witness has a motive to testify falsely. . . . The extent of the inquiry with respect to bias is a matter within the discretion of the trial court.").
2023 Wisconsin Statutes & Annotations › Chapter 907 - Evidence — opinions and expert testimony. › 907.01 - Opinion testimony by lay witnesses.

907.01
Opinion testimony by lay witnesses.
If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are all of the following:
(1)
Rationally based on the perception of the witness.
(2)
Helpful to a clear understanding of the witness's testimony or the determination of a fact in issue.
(3)
Not based on scientific, technical, or other specialized knowledge within the scope of a witness under s. 907.02 (1).
History:  Sup. Ct. Order, 59 Wis. 2d R1, R205 (1973); 1991 a. 32; 2011 a. 2.
When a victim admitted injecting heroin about 72 hours before testifying, the trial court properly denied the defendant's request that the witness display his arm in the presence of the jury in an attempt to prove that the injection was more recent. Edwards v. State, 49 Wis. 2d 105, 181 N.W.2d 383 (1970).
An attorney, not qualified as an expert, could testify regarding negotiations in which the attorney was an actor, including expressing opinions about the transaction, but could not testify as to what a reasonably competent attorney would or should do in similar circumstances. Hennig v. Ahearn, 230 Wis. 2d 149, 601 N.W.2d 14 (Ct. App. 1999), 98-2319.
Using Lay Opinion Evidence at Trial. Coaty. Wis. Law. May 2009.
2023 Wisconsin Statutes & Annotations › Chapter 907 - Evidence — opinions and expert testimony. › 907.04 - Opinion on ultimate issue.

907.04
Opinion on ultimate issue.
Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R211 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 907 - Evidence — opinions and expert testimony. › 907.05 - Disclosure of facts or data underlying expert opinion.

907.05
Disclosure of facts or data underlying expert opinion.
The expert may testify in terms of opinion or inference and give the reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R213 (1973); 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 907 - Evidence — opinions and expert testimony. › 907.07 - Reading of report by expert.

907.07
Reading of report by expert.
An expert witness may at the trial read in evidence any report which the witness made or joined in making except matter therein which would not be admissible if offered as oral testimony by the witness. Before its use, a copy of the report shall be provided to the opponent.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R219 (1973); 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 908 - Evidence — hearsay. › 908.02 - Hearsay rule.

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 necessary to explain an admissible portion of the statement. The rule is not restricted to writings or recorded statements. State v. Sharp, 180 Wis. 2d 640, 511 N.W.2d 316 (Ct. App. 1993).
Prisoner disciplinary hearings are governed by administrative rules that permit consideration of hearsay evidence. State ex rel. Ortega v. McCaughtry, 221 Wis. 2d 376, 585 N.W.2d 640 (Ct. App. 1998), 97-2972.
As long as motive and opportunity have been shown and there is also some evidence to directly connect a third person to the crime charged that is not remote in time, place, or circumstances, the evidence should be admissible. State v. Knapp, 2003 WI 121, 265 Wis. 2d 278, 666 N.W.2d 881, 00-2590.
A mechanistic application of the law of hearsay should not defeat a defendant's right to obtain a fair trial through the presentation of reliable hearsay evidence. Evidence that qualifies for admission under an exception to the hearsay rule and is critical to the defense implicates constitutional rights directly affecting the ascertainment of guilt and should be admitted under Chambers, 410 U.S. 284 (1973). State v. Knapp, 2003 WI 121, 265 Wis. 2d 278, 666 N.W.2d 881, 00-2590.
Computer-stored records, which memorialize the assertions of human declarants, are distinct from computer-generated records, which are the result of a process free of human intervention. The hearsay rule is designed to protect against the four testimonial infirmities of ambiguity, insincerity, faulty perception, and erroneous memory. A record created as a result of a computerized or mechanical process cannot lie, forget, or misunderstand and is not hearsay. Because such a report is not hearsay, it is subject only to the statutory authentication requirements, and it is properly authenticated under s. 909.01 through the testimony of experienced operators. State v. Kandutsch, 2011 WI 78, 336 Wis. 2d 478, 799 N.W.2d 865, 09-1351.
2023 Wisconsin Statutes & Annotations › Chapter 908 - Evidence — hearsay. › 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 declarant's statement despite an order of the judge to do so; or
(c)
Testifies to a lack of memory of the subject matter of the declarant's statement; or
(d)
Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(e)
Is absent from the hearing and the proponent of the declarant's statement has been unable to procure the declarant's attendance by process or other reasonable means.
(2)
A declarant is not unavailable as a witness if the declarant's exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of the declarant's statement for the purpose of preventing the witness from attending or testifying.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R302 (1973); 1991 a. 32.
Adequate medical evidence of probable psychological trauma is required to support an unavailability finding based on trauma, absent an emotional breakdown on the witness stand. State v. Sorenson, 152 Wis. 2d 471, 449 N.W.2d 280 (Ct. App. 1989).
The state must show by a preponderance of the evidence that the declarant's absence is due to the defendant's misconduct under sub. (2). State v. Frambs, 157 Wis. 2d 700, 460 N.W.2d 811 (Ct. App. 1990).
When testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is confrontation. “Testimonial statements" applies at a minimum to prior testimony at a preliminary hearing, before a grand jury, or at a former trial and to police interrogations. Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
A finding of unavailability of a witness due to mental illness, made on the basis of a confused and stale record, deprived the defendant of the right to confront witnesses, but the error was harmless. Burns v. Clusen, 599 F. Supp. 1438 (1984).
Hearsay and the Confrontation Clause. Biskupic. Wis. Law. May 2004.
2023 Wisconsin Statutes & Annotations › Chapter 908 - Evidence — hearsay. › 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 to confront witnesses. State v. Lenarchick, 74 Wis. 2d 425, 247 N.W.2d 80 (1976).
Evidence of 911 calls, including tapes and transcripts of the calls, is not inadmissible hearsay. Admission does not violate the right to confront witnesses. State v. Ballos, 230 Wis. 2d 495, 602 N.W.2d 117 (Ct. App. 1999), 98-1905.
Before entertaining the question of whether proffered evidence is hearsay or falls under a hearsay exception, courts must engage in an analysis of whether the evidence is relevant. In this case, because testimony as to the victim's character and personal history was not relevant to the defendant's guilt or innocence, testimony on those issues was not admissible regardless of the applicability of any hearsay exceptions. State v. Jacobs, 2012 WI App 104, 344 Wis. 2d 142, 822 N.W.2d 885, 11-1852.
2023 Wisconsin Statutes & Annotations › Chapter 908 - Evidence — hearsay. › 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 declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R325 (1973); 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 909 - Evidence — authentication and identification. › 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).
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 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 photographs, X-ray films, and motion pictures.
(3)
Original. An “original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original".
(4)
Duplicate. A “duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R351 (1973); 1995 a. 225; 2003 a. 294.
Screen shots can be considered “originals” under the definition of “original” in sub. (3) that “if data are stored in a computer or similar device, any printout or output readable by sight, shown to reflect the data accurately, is an `original'.” A cell phone is a “computer or similar device” and the screen shots are “output readable by sight.” According to testimony in this case, the screen shots reflected the data accurately. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968.
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.02 - Requirement of original.

910.02
Requirement of original.
To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in chs. 901 to 911, s. 137.21, or by other statute.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R354 (1973); 1981 c. 390; 2003 a. 294.
There is no “best evidence rule" applicable to photographs of objects that requires that the object itself be introduced rather than the photograph. A photograph of a wrench bearing the owner's initials and found in defendant's automobile was relevant. Anderson v. State, 66 Wis. 2d 233, 223 N.W.2d 879 (1974).
Screen shots can be considered “originals” under the definition of “original” in s. 910.01 (3) that “if data are stored in a computer or similar device, any printout or output readable by sight, shown to reflect the data accurately, is an `original'.” A cell phone is a “computer or similar device” and the screen shots are “output readable by sight.” According to testimony in this case, the screen shots reflected the data accurately. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968.
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.03 - Admissibility of duplicates.

910.03
Admissibility of duplicates.
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. No duplicate is inadmissible solely because it is in electronic format.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R356 (1973); 2003 a. 294.
Photostatic copies of hospital records were admissible under this section. Schulz v. St. Mary's Hospital, 81 Wis. 2d 638, 260 N.W.2d 783 (1978).
Even if screen shots of text messages on a cell phone were considered duplicates, there was no “genuine question as to the authenticity of the original” barring their use in this case. Because the defendant never asserted that the screen shots did not accurately depict the content of the messages on the phone, this section did not demand that the state present the messages on the phone itself or some sort of forensic printout. Even if the text messages had been altered, the phone or a printout would not necessarily display a more trustworthy version of the messages than what appeared in the screen shots. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968.
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.04 - Admissibility of other evidence of contents.

910.04
Admissibility of other evidence of contents.
The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible if:
(1)
Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2)
Original not obtainable. No original can be obtained by any available judicial process or procedure; or
(3)
Original in possession of opponent. At a time when an original was under the control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
(4)
Collateral matters. The writing, recording or photograph is not closely related to a controlling issue.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R357 (1973); 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.05 - Public records.

910.05
Public records.
The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with s. 909.02 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R361 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.06 - Summaries.

910.06
Summaries.
The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that they be produced in court.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R362 (1973).
A chart prepared by the prosecutor during trial, in the jury's presence, to categorize testimony was not a summary under this section, but was a “pedagogical device" admissible within the court's discretion under s. 906.11. State v. Olson, 217 Wis. 2d 730, 579 N.W.2d 802 (Ct. App. 1998), 96-2142.
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.07 - Testimony or written admission of party.

910.07
Testimony or written admission of party.
Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by the party's written admission, without accounting for the nonproduction of the original.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R363 (1973); 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 910 - Evidence — contents of writings, recordings and photographs. › 910.08 - Functions of judge and jury.

910.08
Functions of judge and jury.
When the admissibility of other evidence of contents of writings, recordings or photographs under chs. 901 to 911 depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the judge to determine. However, when any of the following issues is raised, the issue is for the trier of fact to determine as in the case of other issues of fact:
(1)
Whether the asserted writing ever existed.
(2)
Whether another writing, recording or photograph produced at the trial is the original.
(3)
Whether other evidence of contents correctly reflects the contents.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R364 (1973); 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 911 - Evidence — miscellaneous rules. › 911.01 - Applicability of rules of evidence.

911.01
Applicability of rules of evidence.
(1)
Courts and court commissioners. Chapters 901 to 911 apply to the courts of the state of Wisconsin, including municipal courts and circuit, supplemental, and municipal court commissioners, in the proceedings and to the extent hereinafter set forth except as provided in s. 972.11. The word “judge" in chs. 901 to 911 means judge of a court of record, municipal judge, or circuit, supplemental, or municipal court commissioner.
(2)
Proceedings generally. Chapters 901 to 911 apply generally to proceedings in civil and criminal actions.
(3)
Privileges; oath. Chapter 905 with respect to privileges applies at all stages of all actions, cases and proceedings; s. 906.03 applies at all stages of all actions, cases and proceedings except as provided in ss. 901.04 (1) and 911.01 (4), and ch. 908.
(4)
Rules of evidence inapplicable. Chapters 901 to 911, other than ch. 905 with respect to privileges or s. 901.05 with respect to admissibility, do not apply in the following situations:
(a)
Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the judge under s. 901.04 (1).
(b)
Grand jury; John Doe proceedings. Proceedings before grand juries or a John Doe proceeding under s. 968.26.
(c)
Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; hearings for the freezing of assets of a person charged with financial exploitation of an elder person under s. 971.109; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.
(d)
Small claims actions. Proceedings under ch. 799, except jury trials.
(5)
Restitution hearings.
(a)
In a restitution hearing under s. 973.20 (13), the rules of evidence are subject to waiver under s. 973.20 (14) (d).
(b)
When hearing evidence as to the factors that determine a restitution order under s. 800.093, the rules of evidence are subject to waiver under s. 800.093 (8) (b).
History:  Sup. Ct. Order, 59 Wis. 2d R1, R366 (1973); 1977 c. 305 s. 64; 1977 c. 345; 1979 c. 32 s. 92 (16); 1981 c. 183, 367, 390, 391; 1987 a. 208, 398; 1991 a. 40, 269; 2001 a. 61, 109; 2005 a. 434; 2009 a. 24, 28, 214, 261, 349; 2011 a. 38, 257; 2011 a. 260 s. 81; 2013 a. 165; 2021 a. 76.
Judicial Council Committee's Note, 1981: Sub. (4) (c) has been amended to exempt so-called McCredden hearings under s. 971.14 (1) (c) from the rules of evidence. [Bill 765-A]
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.022 - Electronic filing.

938.022
Electronic filing.
Section 801.18 shall govern the electronic filing of documents under this chapter. Electronic filing may be made through a custom data exchange between the court case management system and the automated information system used by district attorneys.
History:  Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.03 - Time and place of court; absence or disability of judge.

938.03
Time and place of court; absence or disability of judge.
(1)
Time and place of court. The court shall set apart a time and place to hold court on juvenile matters.
(2)
Absence or disability of judge. In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses under s. 753.073.
History:  1995 a. 77; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.067 - Powers and duties of intake workers.

938.067
Powers and duties of intake workers.
To carry out the objectives of this chapter, intake workers shall do all of the following:
(1)
Screening. Provide intake services 24 hours a day, 7 days a week, for the purpose of screening juveniles taken into custody and not released under s. 938.20 (2).
(2)
Interviewing. Interview, if possible, any juvenile who is taken into physical custody and not released, and, if appropriate, other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile's parent or a responsible adult. No juvenile may be placed in a juvenile detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.
(3)
Whether juvenile should be held. Determine whether the juvenile shall be held under s. 938.205 and policies promulgated under s. 938.06 (1) or (2).
(4)
Where juvenile should be held. If the juvenile is not released, determine where the juvenile shall be held.
(5)
Crisis counseling. Provide any necessary crisis counseling during the intake process.
(6)
Request for petition; deferred prosecution. Receive referral information, conduct intake inquiries, request that a petition be filed, and enter into deferred prosecution agreements under policies promulgated under s. 938.06 (1) or (2).
(6g)
Victims' rights. Provide information and notices to and confer with victims as required under s. 938.346 (1m).
(6m)
Multidisciplinary screen. Conduct the multidisciplinary screen in counties that have a pilot program under s. 938.547.
(7)
Referrals. Make referrals of cases to other agencies if their assistance is needed or desirable.
(8)
Interim recommendations. Make interim recommendations to the court concerning juveniles awaiting final disposition under s. 938.355.
(8m)
Taking juveniles into custody. Take juveniles into custody under ss. 938.355 (6d) (a), (b) and (c) and 938.534 (1) (b) and (c).
(9)
Other functions. Perform any other functions ordered by the court, and, when the court or chief judge requests, assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties.
History:  1995 a. 77; 1997 a. 80, 181, 205; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.069 - Powers and duties of disposition staff.

938.069
Powers and duties of disposition staff.
(1)
Duties. The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:
(a)
Supervise and assist a juvenile under a deferred prosecution agreement, a consent decree or an order of the court.
(b)
Offer individual and family counseling.
(c)
Make an affirmative effort, and investigate and develop resources, to obtain necessary or desired services for the juvenile and the juvenile's family.
(d)
Prepare reports for the court recommending a plan of rehabilitation, treatment and care.
(dj)
Provide aftercare services for a juvenile released from a juvenile correctional facility or a secured residential care center for children and youth.
(dm)
Take juveniles into custody under ss. 938.355 (6d) (a), (b) and (c) and 938.534 (1) (b) and (c).
(e)
Perform any other court‐ordered functions consistent with this chapter.
(2)
Agency approval needed. Licensed child welfare agencies and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.
(3)
Intake services. A court or county department responsible for disposition staff may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.
(4)
Qualifications of disposition staff. Disposition staff employed to perform the duties specified in sub. (1) after November 18, 1978, shall have the qualifications required under the county merit system.
History:  1995 a. 77; 1997 a. 205; 1999 a. 9; 2005 a. 344; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.07 - Additional sources of court services.

938.07
Additional sources of court services.
If the county board of supervisors has complied with s. 938.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources:
(2)
Licensed child welfare agency. The court may request the services of a child welfare agency licensed under s. 48.60 in accordance with procedures established by that agency. The agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.
(3)
County department in populous counties. In counties having a population of 750,000 or more, the court may order the director of the county department to provide emergency shelter care services to any juvenile whose need for the services, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided under s. 938.207.
(4)
County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a juvenile if special treatment or care has been ordered under s. 938.34 (6) and if s. 938.362 (4) applies.
History:  1995 a. 77; 2005 a. 344; 2011 a. 260 s. 81; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.08 - Duties of person furnishing services to court.

938.08
Duties of person furnishing services to court.
(1)
Investigations; reports. A person appointed to furnish services to the court under ss. 938.06 and 938.07 shall make any investigations and exercise any discretionary powers that the court may direct, keep a written record of the investigations, and submit a report to the court. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report on the conduct and condition as the court directs.
(2)
Power to take juvenile into custody; limits. Except as provided in sub. (3) and ss. 938.355 (6d) and 938.534 (1), a person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily, is suffering from illness or injury, or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.
(3)
Conditions for certain other persons to take juvenile into custody.
(a)
In addition to the law enforcement authority under sub. (2), personnel of the department of corrections designated by that department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:
1.
If they are in prompt pursuit of a juvenile who has run away from a juvenile correctional facility or a residential care center for children and youth.
2.
If the juvenile has failed to return to a juvenile correctional facility or a residential care center for children and youth after any authorized absence.
(b)
A juvenile who is taken into custody under par. (a) may be returned directly to the juvenile correctional facility or residential care center for children and youth and shall have a hearing regarding placement in disciplinary status in accordance with ch. 227.
History:  1995 a. 77, 352; 1997 a. 205; 1999 a. 9; 2001 a. 59; 2005 a. 344; 2007 a. 97; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.09 - Representation of the interests of the public.

938.09
Representation of the interests of the public.
The interests of the public shall be represented in proceedings under this chapter as follows:
(1)
Delinquency. By the district attorney, in any matter under s. 938.12.
(2)
Civil law violation. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that year.
(3)
Municipal ordinance violation. By the city, village, or town attorney, in any matter concerning a city, village, or town ordinance violation, respectively, under s. 938.125.
(4)
County ordinance violation. By an appropriate person designated by the county board of supervisors in any matter concerning a county ordinance violation under s. 938.125.
(5)
Juvenile in need of protection or services. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that year.
(6)
Interstate compact. By an appropriate person designated by the county board of supervisors in any matter arising under s. 938.14.
History:  1995 a. 77; 2005 a. 344; 2015 a. 197 s. 51.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.10 - Power of the judge to act as intake worker.

938.10
Power of the judge to act as intake worker.
The duties of the intake worker may be carried out by the judge at his or her discretion, except that if a request to file a petition is made, a citation is issued, or a deferred prosecution agreement is entered into, the judge is disqualified from participating further in the proceedings.
History:  1995 a. 77; 1997 a. 80; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.125 - Jurisdiction over juveniles alleged to have violated civil laws or ordinances.

938.125
Jurisdiction over juveniles alleged to have violated civil laws or ordinances.
The court has exclusive jurisdiction over a juvenile alleged to have violated a law punishable by forfeiture or a county, town, or other municipal ordinance, except as follows:
(1)
As provided under s. 938.17.
(2)
The court has exclusive jurisdiction over a juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed as provided in s. 118.16 (5m).
History:  1995 a. 77; 1997 a. 35, 239; 2005 a. 344.