10 Wisconsin opinions name it 2 courts 1975–2025 2 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mitchell v. Stategreen2 sentences1992Section 908.03(6), Stats., the so-called business records exception, allows the introduction of memorandum made in the course of a regularly conducted activity, which includes police reports. 2 Mitchell v. State, 84 Wis. 2d 325, 330 , 267 N.W.2d 349, 352 (1978). 1992Section 908.03(6), Stats., the so-called business records exception, allows the introduction of memorandum made in the course of a regularly conducted activity, which includes police reports. 2 Mitchell v. State, 84 Wis. 2d 325, 330 , 267 N.W.2d 349, 352 (1978). | 2 | 3 |
State v. Williamsgreen2 sentences2025Further, we note that “[r]ecords prepared in anticipation of litigation traditionally have been deemed outside the reach of the business records exception.” State v. Williams, 2002 WI 58, ¶38 , 253 Wis. 2d 99 , 644 N.W.2d 919 . ¶22 The County concedes that the circuit court’s ruling regarding the business records exception “was likely not proper” in the context of Forrest’s review. 2025Further, we note that “[r]ecords prepared in anticipation of litigation traditionally have been deemed outside the reach of the business records exception.” State v. Williams, 2002 WI 58, ¶38 , 253 Wis. 2d 99 , 644 N.W.2d 919 . ¶22 The County concedes that the circuit court’s ruling regarding the business records exception “was likely not proper” in the context of Forrest’s review. | 1 | 2 |
Deutsche Bank National Trust Co. v. Olsongreen2 sentences2021Olson, 366 Wis. 2d 720, ¶23 . ¶18 We rejected Olson’s argument and concluded that “third-party records can fall within the business records exception where the party offering the records for admission into evidence establishes that the third-party’s records are integrated into that party’s business records and that that party relies upon those records.” Id., ¶37. 2021In reaching our conclusion, we noted that “Palisades stands for the extremely narrow proposition that the hearsay exception for business records is not established when the only affiant concerning the records in question lacks personal knowledge of how the records were made.” Olson, 366 Wis. 2d 720, ¶41 (citation omitted). ¶19 Here, Ocwen provided—via the Verdooren affidavit—an explanation, based upon Verdooren’s personal knowledge, of the process Ocwen used when onboarding the records of prior loan servicers in relation to the Eckleys’ mortgage. | 1 | 1 |
Beal Bank, SSB v. Eurichgreen1 sentence2015It is well understood today that "[t]he problem of proving a debt that has been assigned several times is of great importance to mortgage lenders and financial institutions," New England Savings Bank v. Bedford Realty Corp., 717 A.2d 713, 720-21 (Conn. 1998), and as other courts have noted, the buying and selling of loans is a common practice and "[g]iven the common practice of banks buying and selling loans . . . it is normal business practice to maintain accurate business records regarding such loans and to provide them to those acquiring the loan." See Beal Bank, SSB v. Eurich, 831 N.E.2d 9 | 1 | 1 |
New England Savings Bank v. Bedford Realty Corp.green2 sentences2015It is well understood today that "[t]he problem of proving a debt that has been assigned several times is of great importance to mortgage lenders and financial institutions," New England Savings Bank v. Bedford Realty Corp., 717 A.2d 713, 720-21 (Conn. 1998), and as other courts have noted, the buying and selling of loans is a common practice and "[g]iven the common practice of banks buying and selling loans . . . it is normal business practice to maintain accurate business records regarding such loans and to provide them to those acquiring the loan." See Beal Bank, SSB v. Eurich, 831 N.E.2d 9 2015It is well understood today that "[t]he problem of proving a debt that has been assigned several times is of great importance to mortgage lenders and financial institutions," New England Savings Bank v. Bedford Realty Corp., 717 A.2d 713, 720-21 (Conn. 1998), and as other courts have noted, the buying and selling of loans is a common practice and "[g]iven the common practice of banks buying and selling loans . . . it is normal business practice to maintain accurate business records regarding such loans and to provide them to those acquiring the loan." See Beal Bank, SSB v. Eurich, 831 N.E.2d 9 | 1 | 1 |
Central Prairie Financial LLC v. Yanggreen2 sentences2015Id., 324 Wis. 2d 180, ¶ 1 . 2015See Yang, 348 Wis. 2d 583, ¶¶ 3, 7-13 . ¶ 26. | 1 | 1 |
United States v. Luis Salgado (99-5645) Wilfredo Jambu (99-5651)green1 sentence2011See, e.g., United States v. Salgado, 250 F.3d 438, 452 (6th Cir. 2001); Hardison v. Balboa Ins. | 1 | 1 |
State v. Cosgrovegreen2 sentences2002See, e.g., United States v. Baker, 855 F.2d 1353, 1359 (8th Cir. 1988); State v. Cosgrove, 436 A.2d 33, 37 (Conn. 1980); State v. Kreck, 542 P.2d 782, 785 (Wash. 1975). 2002See Baker, 855 F.2d at 1359-60 ; Cosgrove, 436 A.2d at 37 ; Kreck, 542 P.2d at 785 . 6 In contrast, we, like the court in McLana- *122 han, are mindful of the fact that state crime lab reports such as the one at issue here are "prepared during the course of criminal investigations and are requested by the State in anticipation of prosecutions." 729 N.E.2d at 474 . ¶ 43. | 1 | 1 |
Palmer v. Hoffmangreen2 sentences2002Palmer v. Hoffman, 318 U.S. 109, 113-14 (1943); McLanahan, 729 N.E.2d at 474 ; see also United States v. Blackburn, 992 F.2d 666, 670 (7th Cir. 1993) (adhering to "well-established rule" that documents made in anticipation of litigation are not admissible under the business records exception). ¶ 39. 2002Palmer v. Hoffman, 318 U.S. 109, 113-14 (1943); McLanahan, 729 N.E.2d at 474 ; see also United States v. Blackburn, 992 F.2d 666, 670 (7th Cir. 1993) (adhering to "well-established rule" that documents made in anticipation of litigation are not admissible under the business records exception). ¶ 39. | 1 | 1 |
State v. Kreckgreen2 sentences2002See, e.g., United States v. Baker, 855 F.2d 1353, 1359 (8th Cir. 1988); State v. Cosgrove, 436 A.2d 33, 37 (Conn. 1980); State v. Kreck, 542 P.2d 782, 785 (Wash. 1975). 2002See Baker, 855 F.2d at 1359-60 ; Cosgrove, 436 A.2d at 37 ; Kreck, 542 P.2d at 785 . 6 In contrast, we, like the court in McLana- *122 han, are mindful of the fact that state crime lab reports such as the one at issue here are "prepared during the course of criminal investigations and are requested by the State in anticipation of prosecutions." 729 N.E.2d at 474 . ¶ 43. | 1 | 1 |
cluster 510995green2 sentences2002See, e.g., United States v. Baker, 855 F.2d 1353, 1359 (8th Cir. 1988); State v. Cosgrove, 436 A.2d 33, 37 (Conn. 1980); State v. Kreck, 542 P.2d 782, 785 (Wash. 1975). 2002See Baker, 855 F.2d at 1359-60 ; Cosgrove, 436 A.2d at 37 ; Kreck, 542 P.2d at 785 . 6 In contrast, we, like the court in McLana- *122 han, are mindful of the fact that state crime lab reports such as the one at issue here are "prepared during the course of criminal investigations and are requested by the State in anticipation of prosecutions." 729 N.E.2d at 474 . ¶ 43. | 1 | 1 |
United States v. Charles W. Blackburngreen2 sentences2002Palmer v. Hoffman, 318 U.S. 109, 113-14 (1943); McLanahan, 729 N.E.2d at 474 ; see also United States v. Blackburn, 992 F.2d 666, 670 (7th Cir. 1993) (adhering to "well-established rule" that documents made in anticipation of litigation are not admissible under the business records exception). ¶ 39. 2002Palmer v. Hoffman, 318 U.S. 109, 113-14 (1943); McLanahan, 729 N.E.2d at 474 ; see also United States v. Blackburn, 992 F.2d 666, 670 (7th Cir. 1993) (adhering to "well-established rule" that documents made in anticipation of litigation are not admissible under the business records exception). ¶ 39. | 1 | 1 |
United States v. Paul v. Oatesgreen1 sentence2002See, e.g., United States v. Oates, 560 F.2d 45, 68 (2d Cir. 1977); State v. Rivera, 515 A.2d 182, 184, 187 (Del. | 1 | 1 |
State v. Riveragreen1 sentence2002See, e.g., United States v. Oates, 560 F.2d 45, 68 (2d Cir. 1977); State v. Rivera, 515 A.2d 182, 184, 187 (Del. | 1 | 1 |
Boyer v. Stategreen2 sentences1992See sec. 908.05, *115 Stats.; see also Boyer v. State, 91 Wis. 2d 647, 661-62 , 284 N.W.2d 30, 35-36 (1979). 1992See sec. 908.05, *115 Stats.; see also Boyer v. State, 91 Wis. 2d 647, 661-62 , 284 N.W.2d 30, 35-36 (1979). | 1 | 1 |
CESTERO v. Ferraragreen2 sentences1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera 1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera | 1 | 1 |
Noland v. Mutual of Omaha Insurancegreen1 sentence1975Co. (1973), 57 Wis. 2d 633, 641, 642 , 206 N. W. 2d 388 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Buelow
green
2 sentences2015Deutsche Bank, to the contrary, suggests that we should apply the discretionary standard, citing to State v. Buelow, 122 Wis. 2d 465, 476 , 363 N.W.2d 255 (Ct. App. 1984), and Christensen v. Economy Fire & Casualty Co., 77 Wis. 2d 50 , 55—56, 252 N.W.2d 81 (1977), for the proposition that the admissibility of business records under the business records exception is a discretionary determination that an appellate court will reverse only where the trial court either abused its discretion or exercised its discretion based upon an erroneous view of the law. ¶ 20. 2015Deutsche Bank, to the contrary, suggests that we should apply the discretionary standard, citing to State v. Buelow, 122 Wis. 2d 465, 476 , 363 N.W.2d 255 (Ct. App. 1984), and Christensen v. Economy Fire & Casualty Co., 77 Wis. 2d 50 , 55—56, 252 N.W.2d 81 (1977), for the proposition that the admissibility of business records under the business records exception is a discretionary determination that an appellate court will reverse only where the trial court either abused its discretion or exercised its discretion based upon an erroneous view of the law. ¶ 20. | 1 | 2015–2015 |
State v. Stevens
green
2 sentences2015The Olsons, citing State v. Stevens, 171 Wis. 2d 106 , 111—12, 490 N.W.2d 753 (Ct. App. 1992), suggest that the ad missibility of hearsay evidence is a question of law that we review de novo. 2015The Olsons, citing State v. Stevens, 171 Wis. 2d 106 , 111—12, 490 N.W.2d 753 (Ct. App. 1992), suggest that the ad missibility of hearsay evidence is a question of law that we review de novo. | 1 | 2015–2015 |
Christensen v. Economy Fire & Casualty Co.
green
2 sentences2015Deutsche Bank, to the contrary, suggests that we should apply the discretionary standard, citing to State v. Buelow, 122 Wis. 2d 465, 476 , 363 N.W.2d 255 (Ct. App. 1984), and Christensen v. Economy Fire & Casualty Co., 77 Wis. 2d 50 , 55—56, 252 N.W.2d 81 (1977), for the proposition that the admissibility of business records under the business records exception is a discretionary determination that an appellate court will reverse only where the trial court either abused its discretion or exercised its discretion based upon an erroneous view of the law. ¶ 20. 2015Deutsche Bank, to the contrary, suggests that we should apply the discretionary standard, citing to State v. Buelow, 122 Wis. 2d 465, 476 , 363 N.W.2d 255 (Ct. App. 1984), and Christensen v. Economy Fire & Casualty Co., 77 Wis. 2d 50 , 55—56, 252 N.W.2d 81 (1977), for the proposition that the admissibility of business records under the business records exception is a discretionary determination that an appellate court will reverse only where the trial court either abused its discretion or exercised its discretion based upon an erroneous view of the law. ¶ 20. | 1 | 2015–2015 |
PALISADES COLLECTION LLC v. Kalal
green
2 sentences2015Id., 324 Wis. 2d 180, ¶ 1 . 2015As we noted in Palisades, "a custodian or other qualified witness does not need to be the author of the records or have personal knowledge of the events recorded." See id., 324 Wis. 2d 180, ¶ 22 . | 1 | 2015–2015 |
Brawner v. Allstate Indemnity Co.
green
1 sentence2015Deutsche Bank, perhaps recognizing that Yang does not fit squarely with the facts at hand, directs our attention to the Eighth Circuit's decision in Brawner v. Allstate Indemnity Co., 591 F.3d 984 (8th Cir. 2010), which discusses an entity's integration of a third party's records in relation to Federal Rule of Evidence 803(6), the federal counterpart to Wis. Stat. § 908.03 (6). 12 ¶ 33. | 1 | 2015–2015 |
State v. Kennedy
green
1 sentence2002In declining to admit a DNA analysis under the business records exception, the court explained "[t]he DNA analysis prepared in the present case was for no other purpose but this litigation, calling into question the report's reliability as a business record." Kennedy, 7 S.W.3d at 67 n.8. | 1 | 2002–2002 |
People v. McClanahan
green
2 sentences2002Palmer v. Hoffman, 318 U.S. 109, 113-14 (1943); McLanahan, 729 N.E.2d at 474 ; see also United States v. Blackburn, 992 F.2d 666, 670 (7th Cir. 1993) (adhering to "well-established rule" that documents made in anticipation of litigation are not admissible under the business records exception). ¶ 39. 2002Palmer v. Hoffman, 318 U.S. 109, 113-14 (1943); McLanahan, 729 N.E.2d at 474 ; see also United States v. Blackburn, 992 F.2d 666, 670 (7th Cir. 1993) (adhering to "well-established rule" that documents made in anticipation of litigation are not admissible under the business records exception). ¶ 39. | 1 | 2002–2002 |
State v. Gilles
green
2 sentences2002See Mitchell v. State, 84 Wis. 2d 325, 330, 334 , 267 N.W.2d 349 (1978); State v. Gilles, 173 Wis. 2d 101, 113-14 , 496 N.W.2d 133 (Ct. App. 1992). 2002See Mitchell v. State, 84 Wis. 2d 325, 330, 334 , 267 N.W.2d 349 (1978); State v. Gilles, 173 Wis. 2d 101, 113-14 , 496 N.W.2d 133 (Ct. App. 1992). | 1 | 2002–2002 |
State v. Towne
green
1 sentence2002Id. at 1135 . 6 In two Wisconsin cases addressing the admissibility of police reports under the business records exception, courts determined that the reports at issue were not admissible under the exception. | 1 | 2002–2002 |
Bass v. Muenchow
green
2 sentences1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera 1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera | 1 | 1977–1977 |
Roland v. Beckham
green
1 sentence1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera | 1 | 1977–1977 |
Zeller v. Dahl
green
2 sentences1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera 1977(Footnotes omitted.) See Zeller v. Dahl, 262 Or. 515 , 499 P.2d 1316 (1972), recognizing that whether the statement is self-serving is a factor which may be considered by the trial judge in determining whether the statement was in fact an excited utterance; Roland v. Beckham, 408 S.W.2d 628 (Ky. 1966), noting that if a statement qualifies as to time and place, its self-serving character is not sufficient to destroy its quality as res gestae; Bass v. Muenchow, 259 Ia. 1010 , 146 N.W.2d 923 (1966), and Cestero v. Ferrara, 57 N.J. 497 , 273 A.2d 761, 763 (1971), holding that if the offered uttera | 1 | 1977–1977 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.