reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.46 - Videotape custody and preservation.

885.46
Videotape custody and preservation.
The official shall maintain secure and proper storage of the original videotape recording and any edited videotape recording until:
(1)
The final disposition of the cause where no trial is had;
(2)
The expiration of the appeal period following trial, provided no appeal is taken;
(3)
The final determination of the cause if an appeal is taken.
History:  Sup. Ct. Order, 67 Wis. 2d 585, vii (1975); Sup. Ct. Order, 141 Wis. 2d xxxv (1987).
Judicial Council Committee's Note, 1975: Sub. (1). One of the advantages of videotape is its possible reuse in other legal proceedings but the proponent of any videotape testimony retains the responsibility for submitting a recording of sufficient quality.
Sub. (2). Release of videotape recordings may be done only by order of the court. Such release may only occur after completion of the proceeding for which the videotape has been used. [Re Order effective Jan. 1, 1976]
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.47 - Videotape playback equipment.

885.47
Videotape playback equipment.
(1)
Playback equipment. Each court may establish rules providing for the availability of playback or reproducing equipment. Such rules shall provide for an adequately trained operator. Minimum playback equipment shall be a videotape player of a commonly available type and one monitor having at least a 14 inch diagonal screen. Color equipment is not required. If a party uses videotape which is not compatible with the available playback equipment, the party shall furnish playback equipment or convert the videotape to a format compatible with the available playback equipment at the party's expense, which shall not be chargeable as costs.
History:  Sup. Ct. Order, 67 Wis. 2d xiii (1975); 1975 c. 218; Sup. Ct. Order, 101 Wis. 2d xi (1981); Sup. Ct. Order, 141 Wis. 2d xxxv (1987).
Judicial Council Committee's Note, 1975: Sub. (2) [(1)]. Each court in Wisconsin is encouraged to establish rules for making available videotape playback or reproducing equipment. Such availability could be secured through purchase, leasing, rental, or borrowing from another court. Each court establishing such rules must provide for a trained videotape operator. [Re Order effective Jan. 1, 1976]
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.50 - Statement of intent.

885.50
Statement of intent.
(1)
It is the intent of the Supreme Court that videoconferencing technology be available for use in the circuit courts of Wisconsin to the greatest extent possible consistent with the limitations of the technology, the rights of litigants and other participants in matters before the courts, and the need to preserve the fairness, dignity, solemnity, and decorum of court proceedings. Further, it is the intent of the Supreme Court that circuit court judges be vested with the discretion to determine the manner and extent of the use of videoconferencing technology, except as specifically set forth in this subchapter.
(2)
In declaring this intent, the Supreme Court finds that careful use of this evolving technology can make proceedings in the circuit courts more efficient and less expensive to the public and the participants without compromising the fairness, dignity, solemnity, and decorum of these proceedings. The Supreme Court further finds that an open-ended approach to the incorporation of this technology into the court system under the supervision and control of judges, subject to the limitations and guidance set forth in this subchapter, will most rapidly realize the benefits of videoconferencing for all concerned.
(3)
In declaring this intent, the Supreme Court further finds that improper use of videoconferencing technology, or use in situations in which the technical and operational standards set forth in this subchapter are not met, can result in abridgement of fundamental rights of litigants, crime victims, and the public, unfair shifting of costs, and loss of the fairness, dignity, solemnity, and decorum of court proceedings that is essential to the proper administration of justice.
History:  Sup. Ct. Order No. 07-12, 2008 WI 37, 305 Wis. 2d xli.
Comment, 2008: Section 885.50 is intended to recognize and summarize the larger debate concerning the use of videoconferencing technology in the courts, and to provide a clear statement of the Supreme Court's intent concerning such use, which should be helpful guidance to litigants, counsel and circuit and appellate courts in interpreting and applying these rules.
This subchapter is not intended to give circuit court judges the authority to compel county boards to acquire, maintain or replace videoconferencing equipment. Rather, it is intended to provide courts with authority and guidance in the use of whatever videoconferencing equipment might be made available to them.
Bridging the Distance: Videoconferencing in Wisconsin Circuit Courts. Leineweber. Wis. Law. July 2008.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.52 - Definitions.

885.52
Definitions.
In this subchapter:
(1)
“Circuit court" includes proceedings before circuit court judges and commissioners, and all references to circuit court judges include circuit court commissioners.
(2)
“Participants" includes litigants, counsel, witnesses while on the stand, judges, and essential court staff, but excludes other interested persons and the public at large.
(3)
“Videoconferencing" means an interactive technology that sends video, voice, and data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video monitors.
History:  Sup. Ct. Order No. 07-12, 2008 WI 37, 305 Wis. 2d xli.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.54 - Technical and operational standards.

885.54
Technical and operational standards.
(1)
Videoconferencing technology used in circuit court proceedings shall meet the following technical and operational standards:
(a)
Participants shall be able to see, hear, and communicate with each other.
(b)
Participants shall be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding.
(c)
Video and sound quality shall be adequate to allow participants to observe the demeanor and non-verbal communications of other participants and to clearly hear what is taking place in the courtroom to the same extent as if they were present in the courtroom.
(d)
Parties and counsel at remote locations shall be able, upon request, to have the courtroom cameras scan the courtroom so that remote participants may observe other persons present and activities taking place in the courtroom during the proceedings.
(e)
In matters set out in par. (g), counsel for a defendant or respondent shall have the option to be physically present with the client at the remote location, and the facilities at the remote location shall be able to accommodate counsel's participation in the proceeding from such location. Parties and counsel at remote locations shall be able to mute the microphone system at that location so that there can be private, confidential communication between them.
(f)
If applicable, there shall be a means by which documents can be transmitted between the courtroom and the remote location.
(g)
In criminal matters, and in proceedings under chs. 48, 51, 55, 938, and 980, if not in each other's physical presence, a separate private voice communication facility shall be available so that the defendant or respondent and his or her attorney are able to communicate privately during the entire proceeding.
(h)
The proceeding at the location from which the judge is presiding shall be visible and audible to the jury and the public, including crime victims, to the same extent as the proceeding would be if not conducted by videoconferencing.
(2)
The moving party, including the circuit court, shall certify that the technical and operational standards at the court and the remote location are in compliance with the requirements of sub. (1).
History:  Sup. Ct. Order No. 07-12, 2008 WI 37, 305 Wis. 2d xli; Sup. Ct. Order No. 08-21, 2008 WI 111, filed 7-30-08.
Comment, 2008: Section 885.54 is intended to establish stringent technical and operational standards for the use of videoconferencing technology over objection, and in considering approval by the circuit court of waivers or stipulations under s. 885.62. Mobile cart-based systems will not meet these standards in many or even most situations, but may still be used pursuant to a waiver or stipulation approved by the court. The effect will be to encourage the installation of multiple camera systems, while still allowing the use of cart-based systems when participants are in agreement to do so, which is likely to be much of the time.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.58 - Use in civil cases and special proceedings.

885.58
Use in civil cases and special proceedings.
(1)
Subject to the standards and criteria set forth in ss. 885.54 and 885.56 and to the limitations of sub. (2), a circuit court may, on its own motion or at the request of any party, in any civil case or special proceeding permit the use of videoconferencing technology in any pre-trial, trial, or post-trial hearing.
(2)
(a)
A proponent of a witness via videoconferencing technology at any evidentiary hearing or trial shall file a notice of intention to present testimony by videoconference technology 30 days prior to the scheduled start of the proceeding. Any other party may file an objection to the testimony of a witness by videoconferencing technology within 10 days of the filing of the notice of intention. If the time limits of the proceeding do not permit the time periods provided for in this paragraph, the court may in its discretion shorten the time to file notice of intention and objection.
(b)
The court shall determine the objection in the exercise of its discretion under the criteria set forth in s. 885.56.
History:  Sup. Ct. Order No. 07-12, 2008 WI 37, 305 Wis. 2d xli.
Comment, 2008: Regarding section 885.58, civil cases and special proceedings in general pose few problems of constitutional dimension concerning the use of videoconferencing technology and offer litigants the potential of significant savings in trial expenses. For these reasons, this technology will likely gain rapid acceptance resulting in expanding use. Where objections are raised, the rule provides that the circuit court will resolve the issue pursuant to the standards and decisional guidance set out in ss. 885.54 and 885.56.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.62 - Waivers and stipulations.

885.62
Waivers and stipulations.
Parties to circuit court proceedings may waive the technical and operational standards provided in this subchapter, or may stipulate to any different or modified procedure, as may be approved by the court.
History:  Sup. Ct. Order No. 07-12, 2008 WI 37, 305 Wis. 2d xli.
Comment, 2008: The intent of s. 885.62 is to permit litigants to take advantage of videoconferencing technology in any matter before the court regardless of whether the provisions of this subchapter would otherwise permit such use, as long as the parties are in agreement to do so and the circuit court approves. This should help to encourage innovation and experimentation in the use of videoconferencing technology, and thereby promote the most rapid realization of its benefits, while preserving to the litigants and ultimately to the courts the ability to prevent abuses and loss of the fairness, dignity, solemnity and decorum of court proceedings.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.64 - Applicability.

885.64
Applicability.
(1)
The provisions of this subchapter shall govern the procedure, practice, and use of videoconferencing in the circuit courts of this state.
(2)
All circuit court proceedings, with the exception of proceedings pursuant to s. 972.11 (2m), that are conducted by videoconference, interactive video and audio transmission, audiovisual means, live audiovisual means, closed-circuit audiovisual, or other interactive electronic communication with a video component, shall be conducted in accordance with the provisions of this subchapter.
(3)
The use of non-video telephone communications otherwise permitted by specific statutes and rules shall not be affected by this subchapter, and shall remain available as provided in those specific statutes and rules.
History:  Sup. Ct. Order No. 07-12, 2008 WI 37, 305 Wis. 2d xli.
Comment, 2008: The intent of s. 885.64 is to make it clear that all electronic communications with a video component are to be conducted under the provisions of this subchapter, regardless of the various names and terms by which such means of communication are referenced in other statutes and rules, and also to make clear that the provisions of this subchapter are to take precedence over other statutes and rules which address the use of such means of communication. Finally, sub. (3) is intended to make clear that existing authority for the use of non-video telephone communications in court proceedings remains unaffected by the new provisions of this subchapter concerning videoconferencing.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.01 - Oaths, who may administer.

887.01
Oaths, who may administer.
(1)
Within the state. An oath or affidavit required or authorized by law, except oaths to jurors and witnesses on a trial and such other oaths as are required by law to be taken before particular officers, may be taken before any judge, court commissioner, resident U.S. commissioner who has complied with ch. 140, clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk's deputy within the territory in which the officer is authorized to act, school district clerk with respect to any oath required by the elections laws; and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission. Oaths may be administered by any person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.
(2)
Without the state. Any oath or affidavit required or authorized by law may be taken in any other state, territory or district of the United States before any judge or commissioner of a court of record, master in chancery, notary public, justice of the peace or other officer authorized by the laws thereof to administer oaths, and if the oath or affidavit is properly certified by any such officer to have been taken before the officer, and has attached thereto a certificate of the clerk of a court of record of the county or district within which the oath or affidavit was taken, under the seal of his or her office, that the person whose name is subscribed to the certificate of due execution of the instrument was, at the date thereof, the officer as is therein represented to be, was empowered by law as such officer to administer the oath or affidavit, and that he or she believes the name so subscribed is the signature of the officer, the oath or affidavit may be read or used in any court within this state and before any officer, board or commission authorized to use or consider the oath or affidavit. Whenever any such oath or affidavit is certified by any notary public or clerk of a court of record and an impression of his or her official seal is thereto affixed no further attestation shall be necessary.
(3)
Officer in armed forces. In every instance where an officer in the armed forces is authorized by s. 140.13 to take an acknowledgment, the officer may administer an oath.
History:  1971 c. 41 s. 11; 1977 c. 305; 1979 c. 110; 1983 a. 484; 1983 a. 492 s. 3; 1989 a. 141; 1993 a. 486; 2019 a. 125.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.02 - Duty to administer official and election oaths; no fees.

887.02
Duty to administer official and election oaths; no fees.
(1)
Every person thereto authorized by law shall administer and certify, on demand, any official oath and any oath required on any nomination paper, petition or other instrument used in the nomination or election of any candidate for public office, or in the submission of any question to a vote of the people.
(2)
No fee shall be charged by any officer for administering or certifying any official oath, or any oath to any person relative to the person's right to be registered or to vote.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.03 - Oath, how taken.

887.03
Oath, how taken.
Any oath or affidavit required or authorized by law may be taken in any of the usual forms, and every person swearing, affirming or declaring in any such form shall be deemed to have been lawfully sworn.
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 887 - Depositions, oaths and affidavits. › 887.17 - Deposition, use of in other actions.

887.17
Deposition, use of in other actions.
When a deposition shall have been lawfully taken in any action it may be used in any trial, inquiry or assessment therein, and it may also be used in any other action between the same parties, including their respective legal representatives, involving the same controversy, if it shall have been duly filed in the first mentioned action and have since remained in the custody of the clerk of the court where the same was pending, subject to the same objections as if originally taken for such other action.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.18 - Deposition may be used on appeal.

887.18
Deposition may be used on appeal.
When an action or proceeding shall have been appealed from one court to another all depositions lawfully taken to be used in the court below may be used in the appellate court; but if any such deposition was offered in the court below, then subject to the same objections for informality or irregularity, and none other, which were duly taken in writing in such court below.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.20 - Deposition in municipal court.

887.20
Deposition in municipal court.
The municipal judge before whom any civil cause is pending may, on any day on which a trial may be had, after an application has been made for adjournment and before making an order for an adjournment, on the application of either party, showing any cause provided by law therefor, proceed to take the deposition of any witness then in attendance before the municipal judge; and no prior notice shall be required.
History:  1977 c. 305 s. 64.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.23 - Deposition relative to public institutions.

887.23
Deposition relative to public institutions.
(1)
Who may require. The department of health services, the department of corrections, the state superintendent of public instruction or the board of regents of the University of Wisconsin System may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.
(2)
Fees. Every officer who takes a deposition, and every witness who appears and testifies under this section, shall be paid the fees allowed on the taking of other depositions, and the account of the expenses incurred in taking any such deposition, being duly certified, shall be paid out of the state treasury and charged to the appropriation of the authority which ordered the deposition.
History:  1971 c. 100 s. 23; 1977 c. 305; 1989 a. 31; 1995 a. 27 ss. 7210, 9126 (19); 1997 a. 27, 252; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.25 - Witnesses sent to other states.

887.25
Witnesses sent to other states.
(1)
Upon presentation to any judge of a court of record in Wisconsin of the certificate of the judge or the clerk of any foreign court of record, under seal, stating that any person being or residing in Wisconsin is believed to be a necessary witness in any civil action pending in that court, the judge, if satisfied by such proof as the judge shall require that the testimony of the witness is necessary to the trial of the action, shall issue and attach to the certificate a subpoena commanding the witness to appear in the court where the action is pending, at the time and place stated therein, or show cause, before the judge, at a time and place fixed in the subpoena, why the witness should not appear as therein commanded. The judge may refuse to issue a subpoena or may vacate the subpoena after it is issued, if it appear that compliance will cause undue hardship to the witness.
(2)
If any person on whom the subpoena has been served, and to whom has been tendered the sum of 10 cents for each mile to be traveled to and from the court, together with the sum of $5 for each day that his or her attendance is required, neglects to attend and testify at the trial, the person shall be punished as for contempt of court unless the subpoena is vacated.
(3)
This section shall not apply to any action pending in any state, territory or country whose laws do not contain provisions similar to this section, requiring persons within their borders to attend for the purpose of testifying in any civil or criminal action pending in this state.
History:  1979 c. 257; 1993 a. 486.
Cross-reference:  For extradition of prisoners as witnesses, see s. 976.01 and, for extradition of witnesses in criminal actions, see s. 976.02.
2023 Wisconsin Statutes & Annotations › Chapter 887 - Depositions, oaths and affidavits. › 887.27 - Depositions, translations of.

887.27
Depositions, translations of.
When the witness is unable to speak the English language, the judge of the court from which the commission issues may appoint some competent and disinterested person to translate, at the expense of the noticing person, the subpoena, rules, and deposition questions and answers, or any part thereof as may be necessary, from English into the language used by the witness or vice versa; and the translation shall be transcribed and maintained as part of the deposition transcript. The translator shall append to all translations the translator's affidavit that the translator knows English and the language of the witness, and that in making such translation the translator carefully and truly translated the proceedings from English into the witness's language or from the witness's language into English, and that the translation is correct. A translation under this paragraph shall have the same effect as if all the proceedings were in English, but the circuit court, upon the deposition being offered in evidence, may admit the testimony of witnesses learned in the language of the deposed witness for the purpose of correcting errors therein; and, if it shall appear that the first translation was in any respect so incorrect as to mislead the witness, the court may, in its discretion, continue the cause for the further taking of testimony.
History:  Sup. Ct. Order No. 09-03, 2010 WI 100, filed 7-27-10, eff. 1-1-11.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.01 - Publication by state as evidence of laws.

889.01
Publication by state as evidence of laws.
Books, pamphlets and other documents purporting to be printed by the state as copies of its statutes, legislative acts and resolutions, senate and assembly journals or orders, rules, regulations or decisions of any of its boards, departments, commissions or agencies, are prima facie evidence that they are such publications as they purport to be, and are correct copies of such statutes, acts, resolutions, journals, orders, rules, regulations and decisions, respectively; and such printed journals of said houses, respectively, are prima facie evidence of their proceedings. Electronic documents purporting to be published by the legislative reference bureau under ss. 35.095 (3) (a), 35.18 (1) (b), and 35.93 as copies of Wisconsin's statutes, legislative acts, or administrative rules are prima facie evidence that they are such publications as they purport to be and are correct copies of such statutes, legislative acts, and administrative rules.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.02 - Publication by other states and United States as evidence of laws and regulations.

889.02
Publication by other states and United States as evidence of laws and regulations.
Books, pamphlets and other documents purporting to be printed by the United States or any state or territory thereof as copies of its statutes, congressional or legislative acts and resolutions or as copies of orders, rules, regulations or decisions of any state or federal board, department, commission or agency, are presumptive evidence of such statutes, acts, resolutions, orders, rules, regulations or decisions.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.03 - Copies certified by state law librarian; fees.

889.03
Copies certified by state law librarian; fees.
Matter contained in any book or pamphlet in the state law library, purporting to be a copy of the opinion of any court, or of any statute, law, act or resolution of any state, territory, the United States, or any foreign country, certified by the state law librarian, is prima facie evidence of the contents of such opinion, statute, law, act or resolution. The fee for such certification is the same as that provided for similar certification by the clerk of the supreme court.
History:  1987 a. 50.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.04 - County and municipal ordinances.

889.04
County and municipal ordinances.
Matter entered or recorded in any ordinance, record book, or other format authorized under ss. 59.23 (2) (b), 60.33 (1) and (2), 61.25 (3) and 62.09 (11) (c) or printed in any newspaper, book, pamphlet, or other form purporting to be so published, entered or recorded by any county, town, city or village in this state as a copy of its ordinance, bylaw, resolution or regulation, is prima facie evidence thereof; and after 3 years from the date of such publication, entry or recording such book or pamphlet shall be conclusive proof of the regularity of the adoption and publication of the ordinance, bylaw, resolution or regulation.
History:  1975 c. 114; 1983 a. 532 s. 36; 1995 a. 201; 2013 a. 373.
When the proof of publication of an ordinance offered at trial did not textually conform to the exhibit that was tendered as the ordinance, the city clerk's testimony that the purported ordinance was continuously in the possession of the city's keeper of documents, along with the clerk's identification of the city's “Record of Council Meetings and Actions” that recited the passage of the ordinance, raised a presumption of regularity. That presumption was conclusive under this section. City of Lake Geneva v. Smuda, 75 Wis. 2d 532, 249 N.W.2d 783 (1977).
This section applies only to procedural errors in the adoption process. County board approval of a town zoning ordinance is not part of the adoption process. Stahl v. Town of Spider Lake, 149 Wis. 2d 230, 441 N.W.2d 250 (Ct. App. 1989).
In order for a charter ordinance to be entered or recorded under this section, the procedures of s. 66.0101 must be followed, which include a two-thirds vote of approval by the common council, publication of notices, filing of a certified copy with the secretary of state, and a 60-day waiting period to allow a referendum petition to be filed. Keller v. Kraft, 2005 WI App 102, 281 Wis. 2d 784, 698 N.W.2d 843, 04-1315.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.07 - Court records and copies.

889.07
Court records and copies.
The original records, papers and files in or concerning any action or proceeding of any nature or description in any court of the state, being produced by the legal custodian thereof, shall be receivable in evidence whenever relevant; and a certified copy thereof shall be received with like effect as the original.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.08 - Copies, how certified, presumptions.

889.08
Copies, how certified, presumptions.
(1)
Whenever a certified copy is allowed by law to be evidence, the copy shall be certified by the legal custodian of the original to have been compared by the custodian with the original, and to be a true copy thereof or a correct transcript therefrom, or to be a photograph of the original. The certificate must be under the custodian's official seal or under the seal of the court, public body or board, whose custodian the custodian is, when the custodian, court, body or board is required to have or keep such seal.
(2)
The executive officer, secretary or chief clerk of any state agency, and in agencies headed by one person, the head of the agency or his or her deputy, are, for the purposes of this section and s. 889.09, the legal custodians of the files and records of their agencies. In agencies having divisions, the heads of divisions are also legal custodians of the files and records of their divisions. “State agency" as used herein means the legislature, any officer, board, commission, department or bureau of the state government and the state historical society.
(3)
Any certificate purporting to be signed, or signed and sealed, as authorized by law, shall be presumptive evidence that it was signed by the proper officer, and if sealed, that it has the proper seal affixed, except when the law requires an additional certificate of genuineness.
(4)
The seal need not be affixed to a copy of a rule or order made by a court, or of any paper filed therein, when such copy is used in the same court or before any officer thereof.
(5)
When a certified copy of any record, paper or instrument of any kind is made receivable in evidence such copy shall have the same effect as evidence as the original.
History:  1993 a. 486.
When the defendant's driving record was certified under s. 909.02 (1), the trial court erred in applying certification requirements under s. 889.08 (1). State v. Leis, 134 Wis. 2d 441, 397 N.W.2d 498 (Ct. App. 1986).
A copy of an official record may be admitted in evidence if it is certified as correct in accordance with s. 909.02 (4) even though the certification does not comply with s. 889.08 (1). 63 Atty. Gen. 605.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.09 - Certification of nonfiling.

889.09
Certification of nonfiling.
(1)
Whenever any officer to whom the legal custody of any document belongs shall certify, under his or her official seal if he or she shall have any, that the officer has made diligent examination in his or her office for the document, and that it cannot be found or that the document had not been filed or recorded in his or her office, the certificate shall be presumptive evidence of the fact so certified.
(2)
The certificate of the legal custodian of the records of any public licensing officer, board or body that the custodian has made diligent examination of the files and records of the custodian's office and that the custodian can find no record of a license issued to a named person or that none has been issued to such person, specifying the kind of license in question, shall be evidence that none has been issued.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.10 - Official certificates, etc.

889.10
Official certificates, etc.
When a public officer is required or authorized by law to make a certificate or affidavit touching an act performed by the officer or to a fact ascertained by the officer in the course of the officer's official duty and to file or deposit it in a public office such certificate or affidavit when so filed or deposited shall be received as presumptive evidence of the facts therein stated unless its effect is declared by some special provision of law.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.11 - Reporter's transcript as evidence.

889.11
Reporter's transcript as evidence.
Any writing certified by the official reporter of any court to have been carefully compared by the reporter with the reporter's minutes of testimony and proceedings taken on any trial or hearing in such court, and to be a true and correct transcript of all or a specified portion of such minutes, and to be a correct statement of the evidence and proceedings had on such trial or hearing, shall be received in evidence with the same effect as the oral testimony of such reporter to the facts so certified.
History:  1993 a. 486.
A partial transcript included in the appeal record by stipulation of the parties could not be considered competent evidence since it did not include a certification by a shorthand reporter. Fells v. State, 65 Wis. 2d 525, 223 N.W.2d 507 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.13 - Transcript of municipal court records.

889.13
Transcript of municipal court records.
A certified transcript from the original records, papers and files in or concerning any action or proceeding in municipal court is not admissible in evidence outside of the county, unless there is affixed a certificate of the clerk of the circuit court of the county, under seal, that the person who certified the transcript was, at the date thereof, a municipal judge of the county, or other person having legal custody of the books and papers; and if the judgment was rendered by another, that such other was, at the date of the rendition of the judgment, a municipal judge of the county.
History:  1977 c. 305.
Copies of records must be given to any applicant who tenders the proper fee, regardless of the purpose in requesting the copy. 58 Atty. Gen. 67.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.14 - Proof of unrecorded proceedings before municipal judge.

889.14
Proof of unrecorded proceedings before municipal judge.
The proceedings in any cause had before a municipal judge, not reduced to writing by the municipal judge, nor being the contents of any paper or document produced before the municipal judge, and the contents of any such paper or document as shall have been lost or destroyed, may be proved by the oath of the municipal judge.
History:  1985 a. 332.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.15 - Proceedings of other courts as evidence.

889.15
Proceedings of other courts as evidence.
The records and judicial proceedings of any court of the United States, or of any state or territory or district thereof and of any foreign country, and copies thereof, shall be admissible in evidence in all cases in this state when authenticated or certified in the manner directed by ss. 889.07 and 889.08 or by acts of congress, or the laws of such state, territory or district, or of such foreign country.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.16 - Judgment of foreign justice.

889.16
Judgment of foreign justice.
A certified copy of the record of the judicial proceedings of any foreign court not of record with a certificate of magistracy affixed, signed and sealed by the clerk of a court of record in the county or district where such proceedings were had, shall be admissible in evidence in all cases.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.17 - Conveyances and record thereof.

889.17
Conveyances and record thereof.
Every instrument entitled by law to be recorded or filed in the office of a register of deeds, and the record thereof and a certified copy of any such record or of any such filed instrument, is admissible in evidence without further proof thereof, and the record and copies shall have like effect with the original.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.18 - Official records.

889.18
Official records.
(1)
Chiropractors. The record by the county clerk of license or certificate under s. 446.02 shall not be evidence on behalf of the licensee or certificate holder without production of the license or certificate or competent evidence from the board or body that issued the same.
(2)
Copies as evidence. A certified copy of any written or printed matter preserved pursuant to law in any public office or with any public officer in this state, or of the United States, is admissible in evidence whenever and wherever the original is admissible, and with like effect.
(3)
Copies, duty to make. Any such officer of this state who, when tendered the legal fee therefor and requested to furnish such certified copy, shall unreasonably refuse to comply with such request, shall forfeit not less than $20 nor more than $100, one-half to the person prosecuting therefor.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R5 (1973).
This section does not make admissible police accident reports that contain hearsay or conclusions. Wilder v. Classified Risk Ins. Co. 47 Wis. 2d 286, 177 N.W.2d 109 (1970).
While sub. (2) does not refer to admission into evidence of copies of the official records from other states, other authority admits those documents. Organ v. State, 65 Wis. 2d 36, 221 N.W.2d 823 (1974).
A certified copy of an order by the transportation department revoking the defendant's driver's license was admissible under sub. (2). The identity of the defendant as the one whose license had been revoked was prima facie established where the name was not common. State v. Mullis, 81 Wis. 2d 454, 260 N.W.2d 696 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.19 - Pedigree recitals in deeds and wills.

889.19
Pedigree recitals in deeds and wills.
Any deed, mortgage, land contract or other conveyance that has been duly recorded in the proper register's office for 20 years, and any will that has been admitted to probate, containing a recital in respect to pedigree, blood relationship, marriage, celibacy, adoption or descent, and being in other respects admissible in evidence, shall be admitted as prima facie evidence that the recital is true.
History:  1999 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.23 - Acknowledged writings, evidence.

889.23
Acknowledged writings, evidence.
Every written instrument, except promissory notes and bills of exchange, and wills, may be proved or acknowledged in the manner now provided by law for taking the proof or acknowledgment of conveyances of real estate and when so proved and acknowledged shall be competent evidence whenever it is relevant. Any instrument, which is attested but which is not required by law to be witnessed, may be proved as though there were no subscribing witness thereto.
History:  Sup. Ct. Order, 59 Wis. 2d R6 (1973).
This section would not permit introduction of a copy of an insurance policy supported by an affidavit since the acknowledgment must be by the signer of the instrument. Whalen v. State Farm Mut. Auto. Ins. Co. 51 Wis. 2d 635, 187 N.W.2d 820.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.24 - Conveyance, how proved.

889.24
Conveyance, how proved.
When any grantor shall die or depart from or reside out of this state, not having acknowledged the grantor's conveyance, the due execution thereof may be proved by any competent subscribing witness thereto before any court of record; if all the subscribing witnesses to such deed shall be dead or out of this state the same may be proved before any such court by proving the handwriting of the grantor and of any subscribing witness thereto.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.241 - How made when grantor refuses.

889.241
How made when grantor refuses.
If any grantor residing in this state refuses to acknowledge his or her conveyance, the grantee or any person claiming under the grantee may apply to the circuit judge in the county where the land lies or where the grantor or any subscribing witness to the conveyance resides. The judge shall then issue a summons to the grantor to appear at a certain time and place before the judge to hear the testimony of the subscribing witnesses to the conveyance. The summons, with a copy of the conveyance annexed, shall be served at least 7 days before the time therein assigned for proving the conveyance. At the time mentioned in the summons or at any time to which the hearing may be adjourned the due execution of the conveyance may be proved by the testimony of one or more of the subscribing witnesses. If the conveyance is proved to the satisfaction of the judge, he or she shall certify the conveyance, and in such certificate the judge shall note the presence or absence of the grantor as the fact may be.
History:  1977 c. 449; 1979 c. 32.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.242 - How, when witnesses dead.

889.242
How, when witnesses dead.
If any grantor residing in this state refuses to acknowledge the grantor's conveyance and all the subscribing witnesses thereto are dead or out of the state, it may be proved before any court of record by proving the handwriting of the grantor or of any subscribing witness, upon the court first summoning the grantor to hear the testimony as provided in s. 889.241.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.243 - Witnesses, how subpoenaed; neglect to appear.

889.243
Witnesses, how subpoenaed; neglect to appear.
The court before whom any conveyance may be presented to be proved, as provided in ss. 889.24 to 889.243, may issue subpoenas to the subscribing witnesses or others, as required, to appear and testify touching the execution of such deed, which subpoenas may be served in any part of this state; and every person so subpoenaed who, without reasonable cause, neglects to appear or refuses to answer on oath touching the matters aforesaid shall be liable to the party injured in the sum of $100 damages and for such further damages as the party may sustain thereby, and may also be punished as for a contempt by the court.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.28 - Proof of age.

889.28
Proof of age.
The circuit court of any county may, upon application and satisfactory proof made, make a certificate specifying the age, place of birth and parentage of any resident of the county or of any person born in the county. Such certificate or a duplicate or a certified copy thereof, when recorded in the office of the register of deeds, shall be prima facie evidence of the facts therein stated.
History:  1977 c. 449 s. 497; 1993 a. 301.
2023 Wisconsin Statutes & Annotations › Chapter 889 - Documentary and record evidence. › 889.29 - Photographic copies of business records as evidence.

889.29
Photographic copies of business records as evidence.
(1)
If any business, institution, or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process that accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disc or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disc record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disc or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile, does not preclude admission of the original. No such record is inadmissible solely because it is in electronic format.
(2)
This section does not apply to public records.
(3)
This section shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
History:  1985 a. 180; 1993 a. 172; 1995 a. 27; 2003 a. 294; 2015 a. 196.
2023 Wisconsin Statutes & Annotations › Chapter 891 - Presumptions. › 891.03 - Lists of state lands.

891.03
Lists of state lands.
All statements or lists of lands which shall have been certified by the president of the United States, or by any other officer of the government thereof, as conveyed to the state under or by any act of congress, being produced by the proper custodians thereof, shall be received in all cases as presumptive evidence that the title of the lands therein described became thereby vested in the state.
2023 Wisconsin Statutes & Annotations › Chapter 891 - Presumptions. › 891.04 - Certificate as to public lands.

891.04
Certificate as to public lands.
The certificate of the executive secretary appointed under s. 24.55 under the official seal, that any specified piece or tract of land belongs to or is mortgaged to the state, or that the state has any interest, legal or equitable, in that land shall be presumptive evidence of the facts so stated. The certificate of the secretary of natural resources under the official seal of the department that authority has been given to any person, naming the person, to seize timber or other materials specified in ch. 26 shall be presumptive evidence of the fact so stated.
History:  1971 c. 164; 1979 c. 34 s. 2102 (32) (a); 1979 c. 176; 1993 a. 16.