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2017 Wisconsin Statutes & Annotations
Chapter 906. Evidence — witnesses.
906.01 General rule of competency.
Universal Citation: WI Stat § 906.01 (2017)
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, filed 2-21-17, eff. 7-1-17.
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).
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