Introducing documents as exhibits is a crucial part of presenting evidence in a Wisconsin court case. Whether you're in small claims, or a more formal circuit court setting, knowing the proper procedure is essential. This guide breaks down the steps to help you effectively present your documentary evidence. This is just an overall guide; each case and document can have specific nuances and rules. 

Why Exhibits Matter

Exhibits, especially documents, provide tangible proof to support your claims. They can include contracts, receipts, emails, letters, photos, and more. Properly introducing them ensures they are considered as evidence by the judge or jury.

Step-by-Step Guide:

1. Marking the Exhibit:

   • Before you attempt to introduce a document, it needs to be marked as an exhibit.
   • Typically, the clerk or bailiff will handle this.
   • You will ask the court to mark the document. For example, you might say, "Your Honor, I request that this document be marked as Plaintiff's Exhibit 1."
   • The court will then assign a number or letter to the document, and it will be officially marked.

2. Foundation:

   • This is the most critical step. You must establish a "foundation" for the document's admissibility. This means proving that the document is what you claim it to be and that it's relevant to the case.
   • To establish a foundation, you'll typically ask questions of a witness who has knowledge of the document.
   • Authentication: You must authenticate the document. This means proving that the document is genuine.
     • For example:
       • "Do you recognize this document?"
       • "What is this document?"
       • "Where did you obtain this document?"
       • "Is this a true and accurate copy of the original?"
       • "Is this your signature?"
       • "Was this document created in the normal course of business?"
   • Relevance: You must also show that the document is relevant to the issues in the case.
     • For example:
       • "How does this document relate to the events we are discussing?"
       • "How does this document prove your claim?"

3. Offering the Exhibit:

   • Once you've established a foundation, you can offer the document into evidence.
   • You would say something like, "Your Honor, I offer Plaintiff's Exhibit 1 into evidence."

4. Objections:

   • The opposing party has the right to object to the admission of the document.
   • Common objections include:
     • Hearsay: If the document contains out-of-court statements offered to prove the truth of the matter asserted.
     • Lack of Foundation: If the proper foundation has not been established.
     • Relevance: If the document is not relevant to the case.
     • Best Evidence Rule: If a copy is offered when the original is required.
     • Authentication: If the document has not been sufficiently authenticated.
   • If an objection is made, the judge will rule on it.

5. Admission:

   • If the judge overrules any objections, the document will be admitted into evidence.
   • The judge might say, "Plaintiff's Exhibit 1 is admitted."
   • The document then becomes part of the official record of the case.

Important Considerations:

• Copies vs. Originals: In some cases, copies are admissible, but the original document is generally preferred. Be prepared to explain why you are using a copy.
• Business Records Exception: If the document is a business record, you may be able to introduce it under the business records exception to the hearsay rule.
• Electronic Evidence: Introducing electronic evidence (emails, text messages) requires special attention to authentication and preservation.
• Rules of Evidence: The Wisconsin Rules of Evidence govern the admissibility of evidence. Familiarize yourself with these rules.
• Preparation: Organize your documents and prepare your questions in advance. This will make the process smoother.

Example Scenario:

Imagine you're trying to introduce a signed contract as evidence.

1. "Your Honor, I request that this document be marked as Plaintiff's Exhibit 1."
2. (After it is marked) "Ms. Witness, do you recognize this document?"
3. "Yes, I do."
4. "What is this document?"
5. "It's the contract we signed on January 1st, 2023."
6. "Is this your signature on the contract?"
7. "Yes, it is."
8. "How does this contract relate to the dispute before the court?"
9. "This contract outlines the agreement for the work that was done, that I am now seeking payment for."
10. "Your Honor, I offer Plaintiff's Exhibit 1 into evidence."

By following these steps, you can confidently introduce documents as exhibits in your Wisconsin court case. Remember to consult with an attorney if you have any doubts about the proper procedure.

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