Wisconsin Statutes
Wis. Stat. § 910.04 (2026)
Admissibility of other evidence of contents
✓ current as of July 2026
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910.04910.04 Admissibility of other evidence of contents. The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible if:
910.04(1)(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
910.04(2)(2) Original not obtainable. No original can be obtained by any available judicial process or procedure; or
910.04(3)(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
910.04(4)(4) Collateral matters. The writing, recording or photograph is not closely related to a controlling issue.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1995–2023 · leading case: State v. Ford, 2007 WI 138 (Wis. 2007).
State v. Ford, 2007 WI 138 (Wis. 2007). “In addition, we determine that because the surveillance tape was unplayable, and the State made reasonable efforts to restore it to playability, the circuit court did not err in concluding that the tape was destroyed within the meaning of Wis. Stat. § 910.04 (1). We therefore…”
Ritt v. Dental Care Assocs., S.C., 543 N.W.2d 852 (Wis. Ct. App. 1995). “Defendants argue that the appointment book was admissible as "other evidence of the contents" of the records within the meaning of § 910.04, STATS., because the treatment records were lost or destroyed and the loss did not occur through the bad faith of Dr.”
Dane Cnty. v. D. F. B. (Wis. Ct. App. 2023). “§ 910.04(4) (allowing admission of writing contents without original for “collateral matters” when the writing is not “closely related to a controlling issue”).”
— Wis. Stat. § 910.04(1) — 1 case
State v. Ford, 2007 WI 138 (Wis. 2007). “In addition, we determine that because the surveillance tape was unplayable, and the State made reasonable efforts to restore it to playability, the circuit court did not err in concluding that the tape was destroyed within the meaning of Wis. Stat. § 910.04 (1). We therefore…”
— Wis. Stat. § 910.04(4) — 1 case
Dane Cnty. v. D. F. B. (Wis. Ct. App. 2023). “§ 910.04(4) (allowing admission of writing contents without original for “collateral matters” when the writing is not “closely related to a controlling issue”).”
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