Wis. Stat. § 901.04
Preliminary questions
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2007
As of January 1, 2003
(1) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to sub. (2) and ss. 971.31 (11) and 972.11 (2) . In making the determination the judge is bound by the rules of evidence only with respect to privileges and as provided in s. 901.05 .
(1) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to sub. (2) and ss. 971.31 (11) and 972.11 (2) . In making the determination the judge is bound by the rules of evidence only with respect to privileges and as provided in s. 901.05 .
(2) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
(2) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
(3) Hearing out of the presence of a jury. Hearings on any of the following shall be conducted out of the presence of the jury: (a) Admissibility of confessions. (b) In actions under s. 940.22 , admissibility of evidence of the patient's or client's personal or medical history. (c) In actions under s. 940.225 , 948.02 , 948.025 or 948.095 , admissibility of the prior sexual conduct or reputation of a complaining witness. (cm) Admissibility of evidence specified in s. 972.11 (2) (d) . (d) Any preliminary matter if the interests of justice so requires.
(3) Hearing out of the presence of a jury. Hearings on any of the following shall be conducted out of the presence of the jury: (a) Admissibility of confessions. (b) In actions under s. 940.22 , admissibility of evidence of the patient's or client's personal or medical history. (c) In actions under s. 940.225 , 948.02 , 948.025 , 948.051 , 948.085 , or 948.095 , or under s. 940.302 (2) , if the court determines that the offense was sexually motivated, as defined in s. 980.01 (5) , admissibility of the prior sexual conduct or reputation of a complaining witness. (cm) Admissibility of evidence specified in s. 972.11 (2) (d) . (d) Any preliminary matter if the interests of justice so requires.
(4) Testimony by accused. The accused does not, by testifying upon a preliminary matter, subject himself or herself to cross-examination as to other issues in the case.
(4) Testimony by accused. The accused does not, by testifying upon a preliminary matter, subject himself or herself to cross-examination as to other issues in the case.
(5) Weight and credibility. This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
(5) Weight and credibility. This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.