906.01 General rule of competency. Every person is competent to be a witness except as otherwise provided in these rules.
History: Sup. Ct. Order, 59 Wis. 2d R1, R157 (1973); Sup. Ct. Order No. 16-01, 2017 WI 13, 373 Wis. 2d xiii.
The “best evidence rule" requires production of a writing to prove its contents. There is no comparable “better evidence rule" that requires the production of an item rather than testimony about the item. York v. State, 45 Wis. 2d 550, 173 N.W.2d 693 (1970).
The trial court may not declare a witness incompetent to testify, except as provided in this section. A witness's credibility is determined by the fact finder. State v. Hanson, 149 Wis. 2d 474, 439 N.W.2d 133 (Ct. App. 1989).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 906 - Evidence — witnesses.
906.01 - General rule of competency.
906.02 - Lack of personal knowledge.
906.05 - Competency of judge as witness.
906.06 - Competency of juror as witness.
906.08 - Evidence of character and conduct of witness.
906.09 - Impeachment by evidence of conviction of crime or adjudication of delinquency.
906.10 - Religious beliefs or opinions.
906.11 - Mode and order of interrogation and presentation.
906.12 - Writing used to refresh memory.
906.13 - Prior statements of witnesses.
906.14 - Calling and interrogation of witnesses by judge.