Wisconsin Evidence

Question 1

Prior Inconsistent Statements

Answer 1

In Wisconsin, any prior inconsistent statement is admissible for substantive as well as impeachment purposes. The prior inconsistent statement need not have been made under penalty of perjury.

Question 2

Haseltine Rule

Answer 2

In Wisconsin, a witness is generally not permitted to give an opinion as to whether another witness has testified truthfully. This prohibition is known as the Haseltine rule. However, Wisconsin permits a witness who is being cross-examined about conflicting testimony by a prior witness to be asked, “Was he lying?” regarding the other witness.

Question 3

Prior Convictions

Answer 3

In general, Wisconsin permits any witness to be impeached by any criminal conviction of that witness. However, the court may refuse to permit such impeachment if the probative value of the crime is substantially outweighed by the danger of unfair prejudice.