Wis. Stat. § 901.05 (2026)

Admissibility of certain test results

✓ current as of July 2026

Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

901.05901.05 Admissibility of certain test results.

901.05(1)(1) In this section, “HIV” means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

901.05(2)(2) Except as provided in sub. (3), the results of an HIV test, as defined in s. 252.01 (2m), are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person’s character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

901.05(2)(a)(a) The court may determine the admissibility of evidence under this section only upon a pretrial motion.

901.05(2)(b)(b) Evidence which is admissible under this section must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.

901.05(3)(3) The results of a test or tests under s. 938.296 (4) or (5) or 968.38 (4), (5), or (6) and the fact that a person has been ordered to submit to such a test or tests under s. 938.296 (4) or (5) or 968.38 (4), (5), or (6) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.

901.05 HistoryHistory: 1987 a. 70; 1989 a. 201 ss. 34, 36; 1991 a. 269; 1993 a. 32; 1995 a. 77; 1999 a. 188; 2009 a. 209; 2025 a. 107.

Notes of Decisions

Cited in 5 cases, 1968–2004 · leading case: State v. Head, 2002 WI 99 (Wis. 2002).

Sort: Relevance Newest Treatment

State v. Head, 2002 WI 99 (Wis. 2002). · cites it 4× “[2] Wis. Stat. § 901.05 governs the admissibility of certain medical test results.”

Doe v. Roe, 444 N.W.2d 437 (Wis. Ct. App. 1989). · cites it 3× “025(5) (a)9 to prohibit disclosure of HIV test results in all cases except when the health and welfare of the general public is at stake or when the evidence is offered to prove character and the procedural requirements of sec. 901.05, Stats., are met. Since neither is present…”

Kmetz v. State Historical Soc'y, 304 F. Supp. 2d 1108 (W.D. Wis. 2004). “Berger, Weinstein’s Federal Evidence, § 901.05[5] (2d ed.1997), plaintiffs testimony that the transcript is consistent with her recollection of her statements at the meeting is sufficient to authenticate the transcript.”

Besly-Welles Corp. v. Balax, Inc., 291 F. Supp. 328 (E.D. Wis. 1968). “Manual of Patent Examining Procedure, § 901.05 *334 (b), 3rd ed. (Rev. Oct. 14, 1967).”

Ladwig v. Truck Ins. Exch., 498 F. Supp. 161 (E.D. Wis. 1980). “The question with respect to Truck Insurance Exchange is technically not one of personal jurisdiction but rather is a question of whether the company may be sued pursuant to Wisconsin’s direct action statute § 901.05(10), Wis.Stats., Utz v. Nationwide Mutual Insurance Co.”

— Wis. Stat. § 901.05(10) — 1 case

Ladwig v. Truck Ins. Exch., 498 F. Supp. 161 (E.D. Wis. 1980). “The question with respect to Truck Insurance Exchange is technically not one of personal jurisdiction but rather is a question of whether the company may be sued pursuant to Wisconsin’s direct action statute § 901.05(10), Wis.Stats., Utz v. Nationwide Mutual Insurance Co.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.