Wisconsin Statutes 901.04 – Preliminary questions
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Terms Used In Wisconsin Statutes 901.04
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to sub. (2) and ss. 971.31 (11) and 972.11 (2). In making the determination the judge is bound by the rules of evidence only with respect to privileges and as provided in s. 901.05.
(2) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
(3) Hearing out of the presence of a jury. Hearings on any of the following shall be conducted out of the presence of the jury:
(a) Admissibility of confessions.
(b) In actions under s. 940.22, admissibility of evidence of the patient’s or client’s personal or medical history.
(c) In actions under s. 940.225, 948.02, 948.025, 948.051, 948.085, or 948.095, or under s. 940.302 (2), if the court determines that the offense was sexually motivated, as defined in s. 980.01 (5), admissibility of the prior sexual conduct or reputation of a complaining witness.
(cm) Admissibility of evidence specified in s. 972.11 (2) (d).
(d) Any preliminary matter if the interests of justice so requires.
(4) Testimony by accused. The accused does not, by testifying upon a preliminary matter, subject himself or herself to cross-examination as to other issues in the case.
(5) Weight and credibility. This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.