906.05 Competency of judge as witness. The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.
History: Sup. Ct. Order, 59 Wis. 2d R1, R163 (1973).
A judge who carefully considered the transcribed record and the judge's recollection of a previous proceeding involving the defendant did not impermissibly testify. State v. Meeks, 2002 WI App 65, 251 Wis. 2d 361, 643 N.W.2d 526, 01-0263.
Reversed on other grounds. 2003 WI 104, 263 Wis. 2d 794, 666 N.W.2d 859, 01-0263.
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.