The following definitions apply under this chapter:

Terms Used In Wisconsin Statutes 908.01

  • 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
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
   (1)   Statement. A “statement” is (a) an oral or written assertion or (b) nonverbal conduct of a person, if it is intended by the person as an assertion.
   (2)   Declarant. A “declarant” is a person who makes a statement.
   (3)   Hearsay. “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.
   (4)   Statements which are not hearsay. A statement is not hearsay if:
      (a)    Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
         1.    Inconsistent with the declarant’s testimony, or
         2.    Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or
         3.    One of identification of a person made soon after perceiving the person; or
      (b)    Admission by party opponent. The statement is offered against a party and is:
         1.    The party’s own statement, in either the party’s individual or a representative capacity, or
         2.    A statement of which the party has manifested the party’s adoption or belief in its truth, or
         3.    A statement by a person authorized by the party to make a statement concerning the subject, or
         4.    A statement by the party’s agent or servant concerning a matter within the scope of the agent’s or servant’s agency or employment, made during the existence of the relationship, or
         5.    A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.

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