Wisconsin Statutes
Wis. Stat. § 910.01 (2026)
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910.01(1)(1) Writings and recordings. “Writings” and “recordings” consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation or recording.
910.01(2)(2) Photographs. “Photographs” include still photographs, X-ray films, and motion pictures.
910.01(3)(3) Original. An “original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original”.
910.01(4)(4) Duplicate. A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.
910.01 AnnotationScreen shots can be considered “originals” under the definition of “original” in sub. (3) that “if data are stored in a computer or similar device, any printout or output readable by sight, shown to reflect the data accurately, is an ‘original’.” A cell phone is a “computer or similar device” and the screen shots are “output readable by sight.” According to testimony in this case, the screen shots reflected the data accurately. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1998–2023 · leading case: State v. Booker, 2006 WI 79, 717 N.W.2d 676.
State v. Booker, 2006 WI 79, 717 N.W.2d 676. “[12] Wis. Stat. § 910.01 (2) ("`Photographs' include still photographs, X-ray films, and motion pictures.”
State v. Giacomantonio, 2016 WI App 62, 885 N.W.2d 394. “Secondly, the State argues that the screen shots can be considered "originals" under the definition of "original" set forth in Wis. Stat. § 910.01 (3): "[i]f data are stored in a computer or similar device, any printout or output readable by sight, shown to reflect the data…”
State v. Ford, 2007 WI 138, 742 N.W.2d 61. “Despite this difference, § 910.01(2) should be interpreted as including videotapes because the rule reveals no intent to otherwise exclude them or to limit the rule's reach to those types of depictions specifically listed in the statute.”
State v. Peterson, 588 N.W.2d 84 (Wis. Ct. App. 1998). “See § 910.01(2), STATS. 6 When admissibility of evidence depends upon foundation, as in this case, the court, sitting as fact-finder, determines whether the proponent has presented sufficient evidence to establish the foundation.”
Dane Cnty. v. D. F. B., 993 N.W.2d 183 (Wis. Ct. App. 2023). “§ 910.01(1), (3) (defining “original” “writings and recordings” to include printouts of electronically recorded “letters, words or numbers”); see also State v.”
Wis. Stat. § 910.01(1): 1 case
Dane Cnty. v. D. F. B., 993 N.W.2d 183 (Wis. Ct. App. 2023). “§ 910.01(1), (3) (defining “original” “writings and recordings” to include printouts of electronically recorded “letters, words or numbers”); see also State v.”
Wis. Stat. § 910.01(2): 2 cases
State v. Ford, 2007 WI 138, 742 N.W.2d 61. “Despite this difference, § 910.01(2) should be interpreted as including videotapes because the rule reveals no intent to otherwise exclude them or to limit the rule's reach to those types of depictions specifically listed in the statute.”
State v. Peterson, 588 N.W.2d 84 (Wis. Ct. App. 1998). “See § 910.01(2), STATS. 6 When admissibility of evidence depends upon foundation, as in this case, the court, sitting as fact-finder, determines whether the proponent has presented sufficient evidence to establish the foundation.”
Wis. Stat. § 910.01(4): 1 case
Dane Cnty. v. D. F. B., 993 N.W.2d 183 (Wis. Ct. App. 2023). “§ 910.01(1), (3) (defining “original” “writings and recordings” to include printouts of electronically recorded “letters, words or numbers”); see also State v.”
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