Understanding the basic rules of evidence is crucial for anyone involved in a legal proceeding, whether as a party or a witness. This knowledge can help you present your case effectively and protect your rights.

Here are some fundamental rules of evidence in Wisconsin courts:

Relevance

• Relevance: Evidence must be relevant to the case at hand. This means it must tend to prove or disprove a material fact.
• Material Fact: A material fact is a fact that is important to the outcome of the case.

Reliability

• Hearsay Rule: Generally, hearsay, or statements made by someone other than the witness testifying, is inadmissible. However, there are exceptions, such as admissions, declarations against interest, and excited utterances.
• Best Evidence Rule: Original documents, rather than copies, are generally preferred as evidence.
• Character Evidence: Character evidence is generally inadmissible to prove a person's conduct on a specific occasion. However, it may be admissible to prove a person's character trait if it is relevant to the case.

Competency

• Competent Witnesses: Witnesses must be competent to testify. This generally means they must have personal knowledge of the facts and be able to understand and respond to questions.
• Expert Witnesses: Expert witnesses must have specialized knowledge or skill in a particular field. Their testimony must be relevant and reliable.

Privilege

• Attorney-Client Privilege: Communications between an attorney and client are generally privileged and cannot be disclosed without the client's consent.
• Doctor-Patient Privilege: Communications between a doctor and patient are generally privileged.
• Spousal Privilege: In some cases, spouses may refuse to testify against each other.

Judicial Notice

• Judicial Notice: A court may take judicial notice of certain facts, such as the laws of the state or the date of a historical event.

It's important to note that these are just a few basic rules of evidence. The specific rules of evidence can be complex and vary depending on the type of case. If you are involved in a legal matter, it's advisable to consult with an attorney to fully understand the rules of evidence that apply to your case.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.