Wisconsin Statutes
Wis. Stat. § 909.015 (2026)
General provision; illustrations
✓ current as of July 2026
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909.015909.015 General provision; illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of s. 909.01:
909.015(1)(1) Testimony of witness with knowledge. Testimony of a witness with knowledge that a matter is what it is claimed to be.
909.015(2)(2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.
909.015(3)(3) Comparison by trier of fact or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
909.015(4)(4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.
909.015(5)(5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
909.015(6)(6) Telephone conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telecommunications company to a particular person or business, if:
909.015(6)(a)(a) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or
909.015(6)(b)(b) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.
909.015(7)(7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
909.015(8)(8) Ancient documents or data compilations. Evidence that a document or data compilation, in any form:
909.015(9)(9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
909.015(10)(10) Methods provided by statute or rule. Any method of authentication or identification provided by statute or by other rules adopted by the supreme court.
909.015 AnnotationAlleged statements of self-identification made in a phone call and in personal contact may not themselves be used to identify the speakers. Nischke v. Farmers & Merchants Bank & Trust, 187 Wis. 2d 96, 522 N.W.2d 542 (Ct. App. 1994).
909.015 AnnotationTapes are properly identified and authenticated when a party to the recorded conversation identifies the defendant’s voice and testifies that the tapes accurately depict the conversation. State v. Curtis, 218 Wis. 2d 550, 582 N.W.2d 409 (Ct. App. 1998), 96-2884.
909.015 AnnotationAuthentication can be done through circumstantial evidence. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968.
909.015 AnnotationText message authentication is a low standard that can be achieved with the sort of testimonial evidence of a witness with knowledge and circumstantial evidence that was presented in this case. Text and other electronic messages do not require new rules on authentication. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968.
909.015 AnnotationThe circuit court did not err in admitting a copy of a note into evidence under sub. (3). The circuit court, as the trier of fact, inspected the original note, which is self-authenticating under s. 909.02 (9), compared the original and the copy side-by-side, and observed that the copy was identical to the original. Deutsche Bank National Trust Co. v. Wuensch, 2018 WI 35, 380 Wis. 2d 727, 911 N.W.2d 1, 15-0175. See also Federal National Mortgage Ass’n v. Thompson, 2018 WI 57, 381 Wis. 2d 609, 912 N.W.2d 364, 16-1496.
909.015 AnnotationThinking Outside the “Business Records” Box: Evidentiary Foundations for Computer Records. O’Shea. Wis. Law. Feb. 2008.
909.015 AnnotationVirtual DNA: Whole Device Authentication. O’Shea. Wis. Law. July/Aug. 2019.
Notes of Decisions
Cited in 26
cases (8 in the last 5 years), 1978–2025 · leading case: State v. Smith, 2005 WI 104 (Wis. 2005).
State v. Smith, 2005 WI 104 (Wis. 2005). “In addition, we conclude that the circuit court did not erroneously exercise its discretion in admitting Exhibit 3, a copy of a certified copy of the Maine court's child support order, as it was admissible pursuant to Wis. Stat. § 909.015 (1) and (7). Accordingly, we reverse the…”
Gaethke v. Pozder, 2017 WI App 38 (Wis. Ct. App. 2017). “" Wis. Stat. § 909.015 (1), (4). ¶ 28. Significantly, Gaethke himself provided "testimony of a witness with knowledge that a matter is what it is claimed to be," by testifying that he had had the opportunity to study Exhibit 6 and, other than the top summary page, all of the…”
State v. Baldwin, 2010 WI App 162 (Wis. Ct. App. 2010). “Baldwin contends that the record fails to support the trial court's finding that R.Z. was unavailable for trial and that the trial court applied "bad law.”
State v. Kandutsch, 2011 WI 78 (Wis. 2011). “Although the EMD report was not hearsay, it was subject to the authentication requirements of Wis. Stat. § 909.015 (9). The report was properly authenticated through the testimony of the two DOC agents.”
Nischke v. Farmers & Merchants Bank & Trust, 522 N.W.2d 542 (Wis. Ct. App. 1994). “See § 909.015(1), STATS. She did not recognize the voice on the telephone as being that of a bank employee.”
State v. Giacomantonio, 2016 WI App 62 (Wis. Ct. App. 2016). “" Wis. Stat. § 909.015 (1). Additionally, authentication can be done through circumstantial evidence.”
Deutsche Bank Nat'l Trust Co. v. Thomas P. Wuensch, 911 N.W.2d 1 (Wis. 2018). “§ 909.015 (3), and its findings are not clearly erroneous.”
Wosinski v. Advance Cast Stone Co., 2017 WI App 51 (Wis. Ct. App. 2017). “" Wis. Stat. § 909.015 (8). ¶ 65. There is no dispute that the age of the As-Built Drawings complies with the ancient documents rule, as they date back to 1991.”
State v. Sarinske, 280 N.W.2d 725 (Wis. 1979). “” Section 909.015 (5), Stats., provides: “909.”
Best Price Plumbing, Inc. v. Erie Ins. Exch., 2012 WI 44 (Wis. 2012). “" Additionally, Best Price contends that the evidence is entitled to no weight because Erie failed to establish the authenticity of Best Price's signature under Wis. Stat. § 909.015 . It contends that Trimble forged Best Price's signature, and "conversion of insurance proceeds…”
State v. Peterson, 588 N.W.2d 84 (Wis. Ct. App. 1998). “Section 909.015(1), Stats., illustrates the following example of "authentication or identification conforming with the requirements of s.”
Dow Fam., LLC v. PHH Mortg. Corp., 2013 WI App 114 (Wis. Ct. App. 2013). “Wis. Stat. § 909.015 (1). On summary judgment, PHH did not submit the affidavit of any witness who claimed to have personal knowledge that PHH was in possession of the original note or that the copy of the note PHH submitted was a true and correct copy of the original.”
— Wis. Stat. § 909.015(1) — 8 cases
State v. Smith, 2005 WI 104 (Wis. 2005). “In addition, we conclude that the circuit court did not erroneously exercise its discretion in admitting Exhibit 3, a copy of a certified copy of the Maine court's child support order, as it was admissible pursuant to Wis. Stat. § 909.015 (1) and (7). Accordingly, we reverse the…”
Nischke v. Farmers & Merchants Bank & Trust, 522 N.W.2d 542 (Wis. Ct. App. 1994). “See § 909.015(1), STATS. She did not recognize the voice on the telephone as being that of a bank employee.”
State v. Peterson, 588 N.W.2d 84 (Wis. Ct. App. 1998). “Section 909.015(1), Stats., illustrates the following example of "authentication or identification conforming with the requirements of s.”
Schulz v. St. Mary's Hosp., 260 N.W.2d 783 (Wis. 1978).
State v. Billy Ray Edward Johnson (Wis. Ct. App. 2025).
— Wis. Stat. § 909.015(2) — 1 case
State Ex Rel. Ortega v. McCaughtry, 585 N.W.2d 640 (Wis. Ct. App. 1998).
— Wis. Stat. § 909.015(3) — 1 case
Deutsche Bank Nat'l Trust Co. v. Thomas P. Wuensch, 911 N.W.2d 1 (Wis. 2018). “§ 909.015 (3), and its findings are not clearly erroneous.”
— Wis. Stat. § 909.015(4) — 5 cases
Nischke v. Farmers & Merchants Bank & Trust, 522 N.W.2d 542 (Wis. Ct. App. 1994). “See § 909.015(1), STATS. She did not recognize the voice on the telephone as being that of a bank employee.”
R.S. v. Milwaukee Cnty., 454 N.W.2d 1 (Wis. Ct. App. 1990).
State v. Billy Ray Edward Johnson (Wis. Ct. App. 2025).
In Matter of Guardianship of Rs, 454 N.W.2d 1 (Wis. Ct. App. 1990).
State v. Marcella Mae LaPointe (Wis. Ct. App. 2021).
— Wis. Stat. § 909.015(5) — 2 cases
Nischke v. Farmers & Merchants Bank & Trust, 522 N.W.2d 542 (Wis. Ct. App. 1994). “See § 909.015(1), STATS. She did not recognize the voice on the telephone as being that of a bank employee.”
State v. Cristian Daniel Nunez (Wis. Ct. App. 2022).
— Wis. Stat. § 909.015(7) — 4 cases
State v. Smith, 2005 WI 104 (Wis. 2005). “In addition, we conclude that the circuit court did not erroneously exercise its discretion in admitting Exhibit 3, a copy of a certified copy of the Maine court's child support order, as it was admissible pursuant to Wis. Stat. § 909.015 (1) and (7). Accordingly, we reverse the…”
R.S. v. Milwaukee Cnty., 454 N.W.2d 1 (Wis. Ct. App. 1990).
In Matter of Guardianship of Rs, 454 N.W.2d 1 (Wis. Ct. App. 1990).
State v. Billy Ray Edward Johnson (Wis. Ct. App. 2025).
— Wis. Stat. § 909.015(9) — 1 case
State v. Billy Ray Edward Johnson (Wis. Ct. App. 2025).
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