Wis. Stat. § 908.02

Hearsay rule

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908.02908.02 Hearsay rule. Hearsay is not admissible except as provided by these rules or by other rules adopted by the supreme court or by statute.

908.02 HistoryHistory: Sup. Ct. Order, 59 Wis. 2d R1, R248 (1973).

908.02 AnnotationThe rule of completeness requires that a statement, including otherwise inadmissible evidence including hearsay, be admitted in its entirety when necessary to explain an admissible portion of the statement. The rule is not restricted to writings or recorded statements. State v. Sharp, 180 Wis. 2d 640, 511 N.W.2d 316 (Ct. App. 1993).

908.02 AnnotationPrisoner disciplinary hearings are governed by administrative rules that permit consideration of hearsay evidence. State ex rel. Ortega v. McCaughtry, 221 Wis. 2d 376, 585 N.W.2d 640 (Ct. App. 1998), 97-2972.

908.02 AnnotationAs long as motive and opportunity have been shown and there is also some evidence to directly connect a third person to the crime charged that is not remote in time, place, or circumstances, the evidence should be admissible. State v. Knapp, 2003 WI 121, 265 Wis. 2d 278, 666 N.W.2d 881, 00-2590.

908.02 AnnotationA mechanistic application of the law of hearsay should not defeat a defendant’s right to obtain a fair trial through the presentation of reliable hearsay evidence. Evidence that qualifies for admission under an exception to the hearsay rule and is critical to the defense implicates constitutional rights directly affecting the ascertainment of guilt and should be admitted under Chambers, 410 U.S. 284 (1973). State v. Knapp, 2003 WI 121, 265 Wis. 2d 278, 666 N.W.2d 881, 00-2590.

908.02 AnnotationComputer-stored records, which memorialize the assertions of human declarants, are distinct from computer-generated records, which are the result of a process free of human intervention. The hearsay rule is designed to protect against the four testimonial infirmities of ambiguity, insincerity, faulty perception, and erroneous memory. A record created as a result of a computerized or mechanical process cannot lie, forget, or misunderstand and is not hearsay. Because such a report is not hearsay, it is subject only to the statutory authentication requirements, and it is properly authenticated under s. 909.01 through the testimony of experienced operators. State v. Kandutsch, 2011 WI 78, 336 Wis. 2d 478, 799 N.W.2d 865, 09-1351.

Notes of Decisions

Cited in 57 cases (22 in the last 5 years), 1978–2026 · leading case: State v. Jorgensen

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State v. Jorgensen (2008) wis · cites it 4× “See Wis. Stat. § 908.02 . (4) The admission of information before the jury that was not subject to confrontation, such as the judge's remarks and the prosecutor's commentary regarding the preliminary breath test, their personal observations of Jorgensen on November 10, and their…”

State v. James R. Hunt (2014) wis · cites it 4× “Wis. Stat. § 908.02 . However, Wis. Stat.”

State v. Brown (2005) wis · cites it 8× “Kotkin's report was admissible under Wis. Stat. § 908.02 because it was required to be filed with the court under Wis.”

State v. Tucker (2003) wis · cites it 4× “Wis. Stat. § 908.02 . One exception to the hearsay rule is the admission of an unavailable declarant's statement against his or her penal interest.”

State v. Kleser (2010) wis · cites it 4× “2d 230 (citing Wis. Stat. § 908.02 ). The rules of evidence, including the general prohibition on hearsay, apply to reverse waiver hearings.”

State v. Williams (2002) wis · cites it 2× “See Wis. Stat. § 908.02 ; State v. Cardenas-Hernandez, 219 Wis.”

State v. Kutz (2003) wisctapp · cites it 2× “The supreme court referred to the witness's testimony as "admittedly hearsay insofar as it relates to [the victim's] statements" and went on to decide that the trial court had erred in not admitting those statements under the exception for excited utterance, Wis. Stat. § 908.02…”

State v. Brown (2004) wisctapp · cites it 7× “We conclude that although, as the State argues, the report also may have been admissible as residual hearsay, it was admissible "by statute" under Wis. Stat. §§ 908.02 and 980.08(3). We also conclude that the evidence was sufficient to support the circuit court's conclusion.”

State v. Nelson (1987) wis · cites it 2× “03(4) [2] statements for purposes of medical diagnosis or treatmentwe hold that the statements were properly admitted into evidence as an exception to the hearsay rule.”

State v. Charles E. Butts (2014) wis · cites it 2× “038 permitting the admission of hearsay evidence at a preliminary examination and permitting a court to make the probable cause determination "in whole or in part" based on hearsay evidence. It provides: (1) Notwithstanding s.”

Sullivan v. Waukesha County (1998) wis · cites it 4× “See Wis. Stat. § 908.02 . 3 The circuit court sustained the objection on the ground that the pamphlet was hearsay and did not fit within the hearsay exception for public records and *464 reports provided in Wis.”

State v. Cardenas-Hernandez (1998) wis · cites it 2× “See Wis. Stat. § 908.02 . Hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”

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