2019 Wisconsin Statutes & Annotations
Chapter 910. Evidence — contents of writings, recordings and photographs.
910.04 Admissibility of other evidence of contents.
910.04 Admissibility of other evidence of contents. The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible if:
(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by any available judicial process or procedure; or
(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
(4) Collateral matters. The writing, recording or photograph is not closely related to a controlling issue.
History: Sup. Ct. Order, 59 Wis. 2d R1, R357 (1973); 1991 a. 32.
