WI Specific Rules

Question 1

343.303: Preliminary Breath Screening test

Answer 1

In WI: the results of a preliminary breath test SHALL NOT be admissible except to show probable cause for arrest.

Refusal of the test cannot be used as evidence.

Question 2

346.73: Accident Report not to be used in trial

Answer 2

Motor Vehicle Accident Reports cannot be used as evidence

Question 3

901.053

Answer 3

Evidence of use or nonuse of protective headgear is not admissible in any civil action for personal injury.

Question 4

9013.01: Presumptions in general

Answer 4

WI Rule: the party relying on presumption must first prove the basic facts. Once proved, the presumption flips, and the burden of proving the nonexistent facts flipped to another party.

Different than federal: no burden flipping federally.

Question 5

904.14: Inadmissibility of statement by health care provider of apology or condolence

Answer 5

A statement, gesture, or conduct of a health care provider, made before the action was commenced, which expresses apology, or understanding is not admissible

Question 6

904.12: Statement of Injured

Answer 6

No statement made within 72 hours of time of injury shall be received in evidence.

Question 7

906.09: Impeachment by Evidence of Conviction of Crime

Answer 7

when attacking a character witnesses credibility: they may be asked only 2 questions about previous crimes:

1. have you ever been convicted of a crime?
2. How many times?

if answers consistent, inquiry ends.

Question 8

906.11: Mode and order of interrogation and presentation

Answer 8

Different than FRE in Scope: A witness may be crossed on any matter relevant to any issue in the case

FRE: witenss may be crossed ONLY on what was explored in Direct and credibility

Question 9

908.01(4)(a)1: Prior Inconsistent statements

Answer 9

any prior inconsistent statement can be used. Does not have to have been under oath like in the FRE

Question 10

908.03(5): Recorded Recollections

Answer 10

Different than FRE: No limit on how recorded statements may be received.

Question 11

908.03(6m): Patient Health Records

Answer 11

Different than FRE in that: NO authentication witness is necessary if:

40 days before trial, the proponent makes records available for review

Question 12

908.(18): Learned Treatises

Answer 12

Different than FRE:

a. Does not always require a sponsor. Judge may accept.
b. Notice Procedure (40 days)
c. may be admitted into evidence in full (not just read in)