Wis. Stat. » CHAPTER 906 — EVIDENCE — WITNESSES
Wisconsin Statutes

Wis. Stat. § 906.01 (2026)

General rule of competency

✓ current as of July 2026
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906.01906.01 General rule of competency. Every person is competent to be a witness except as otherwise provided in these rules.
906.01 HistoryHistory: Sup. Ct. Order, 59 Wis. 2d R1, R157 (1973); Sup. Ct. Order No. 16-01, 2017 WI 13, 373 Wis. 2d xiii.
906.01 AnnotationThe “best evidence rule” requires production of a writing to prove its contents. There is no comparable “better evidence rule” that requires the production of an item rather than testimony about the item. York v. State, 45 Wis. 2d 550, 173 N.W.2d 693 (1970).
906.01 AnnotationThe trial court may not declare a witness incompetent to testify, except as provided in this section. A witness’s credibility is determined by the fact finder. State v. Hanson, 149 Wis. 2d 474, 439 N.W.2d 133 (Ct. App. 1989).
Notes of Decisions
Cited in 24 cases, 1973–2014 · leading case: Commonwealth v. Hutchinson, 25 A.3d 277 (Pa. 2011).
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Commonwealth v. Hutchinson, 25 A.3d 277 (Pa. 2011). · cites it 6× “2d 505, 510 (1975) (stating that, pursuant to the new Wisconsin rule of evidence set forth at Wis. Stat. § 906.01 , "every witness is competent to testify (with certain noted exceptions) and [ ] all former competency issues now are issues of credibility to be dealt with by the…”
State v. Erick O. Magett, 2014 WI 67 (Wis. 2014). · cites it 7× “¶56 Because there is no exception in Wis. Stat. § 906.01 for defendants who have entered an NGI plea,18 Magett was competent to testify.”
State v. Hanson, 439 N.W.2d 133 (Wis. 1989). · cites it 7× “” The State of Wisconsin (State) appealed and the court of appeals reversed, holding that under sec. 906.01, Stats. 1987-88, 1 the witness was competent to testify.”
State v. Williquette, 526 N.W.2d 144 (Wis. 1995). · cites it 3× “This is evidenced in sec. 906.01, Stats., which states that "[e]very person is competent to be a witness except as .”
State v. Burns, 332 N.W.2d 757 (Wis. 1983). · cites it 2× “See also sec. 906.01, Stats. 1981-82; 59 Wis. 2d R157-R160; Weinstein and Berger, Weinstein's Evidence, par.”
State v. Williquette, 510 N.W.2d 708 (Wis. Ct. App. 1993). · cites it 3× “We further conclude that sec. 906.01, Stats., pertains to competency of witnesses, not to a rule prohibiting impeachment of juries' verdicts.”
State v. Daniels, 343 N.W.2d 411 (Wis. Ct. App. 1983). · cites it 2× “Effective Janu *16 ary 1, 1974, 2 the supreme court adopted new rules of evidence which specifically replaced the old competency statute with sec. 906.01, Stats. 3 The judicial council committee notes to this particular evidentiary rule read in part as follows: Adoption of s.”
State v. Albright, 291 N.W.2d 487 (Wis. 1980). “"(2) In all criminal actions and proceedings the party charged shall, at his own request, but not otherwise, be a competent witness; but his refusal or omission to testify shall create no presumption against him or any other party thereto.”
In Re Marriage of Hughes v. Hughes, 588 N.W.2d 346 (Wis. Ct. App. 1998). · cites it 2× “" The trial court rejected this argument, explaining that Julie was competent to testify, but that did not compel the court to permit her to do so.”
Schimpf v. Gerald, Inc., 52 F. Supp. 2d 976 (E.D. Wis. 1999). · cites it 2× “5 *987 See also Wis.Stat. § 906.01 (“Every person is competent to be a witness except as provided by [§§ ] 885.”
Gerczak v. Est. of Gerczak, 2005 WI App 168 (Wis. Ct. App. 2005). · cites it 2× “16, first codified in 1858, [n]o party or person in the party's or person's own behalf or interest, and no person from, through or under whom a party derives the party's interest or title, shall be examined as a witness in respect to any transaction or communication by the party…”
State v. Dwyer, 422 N.W.2d 121 (Wis. Ct. App. 1988). · cites it 2× “This section was repealed, and the corresponding provision of the evidence code as it now exists provides "every person is competent to be a witness except as provided by ss.”
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