Index. Adjudicative Facts Judicial notice, Administrative Rules Judicial notice,

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1 Index References in this index from 900 to 911 are to sections of the Wisconsin Rules of Evidence, and references from 1 to 33 are to chapters of this book. A Adjudicative Facts Judicial notice, Administrative Rules Judicial notice, Admissibility Limited purpose, Preliminary questions on, Relevance, rules governing, Admission of Evidence Relevance, rules governing, Admissions By party opponent, (4)(b) Affirmation or Oath Requirement for witness, Ancient Documents Authentication, (8) Applicability of Rules of Evidence Generally, Attorney-Client Privilege, Authentication and Identification Generally, ch. 909 Acknowledgment, certificate of, (8) Ancient documents, (8) Commercial paper and related documents, (9) Comparison with authenticated specimens, (3) Distinctive characteristics, (4) Examples, Foreign public documents, (3) General provisions, , Governmental publications, (5) Handwriting, (2) Method provided by statute or rule, (10) Newspapers, (6) Official publications, (5) Patient health care records, (11) Periodicals, (6) Process or system, accuracy of data, (9) Public documents under seal, (1) without seal, (2) Public records, , , Self-authentication, Statutory authentication, (10), (10) Subscribing witness s testimony, Telephone conversations, (6) Trade inscriptions, (7) Voice identification, (5) October 2017, State Bar of Wisconsin PINNACLE Index-1

2 Availability Declarant s availability immaterial, hearsay exception, Declarant unavailable, hearsay exception, B Baptismal Certificate Hearsay exception, (12) Best Evidence Rule Application, Business Records Hearsay exceptions, Self-authentication, (12), (13) Summaries, C Calculations Admissibility, Certificate of Acknowledgment Authentication of documents, (8) Certificates Marriage, baptismal, and similar, hearsay exception, (12) Character Evidence Generally, Accused, character of, (1)(a) HIV test results, Habit or routine practice, Impeachment of witnesses (See Impeachment of Witnesses) Methods of proving, , Other crimes, wrongs, or acts, (2) Specific instances of conduct, (2), (2) Victim, character of, (1)(b) Witness, character of, (1)(c), Charts Admissibility, Children Audiovisual recordings of statements, admissibility, Juvenile adjudications, admissibility, Chiropractor-Patient Clergy Communications to, privileged, Co-conspirators Statement by, admissibility, (4)(b) Collateral Matters Evidence of contents of writing, recording, or photograph, (4) Collateral Sources Evidence of payments or benefits, (6m)(bm) Common-Law Privileges Not recognized, Competency of Witnesses General rule, Judge as witness, Juror as witness, Oath or affirmation, Personal knowledge required, Index-2 October 2017, State Bar of Wisconsin PINNACLE

3 Compromise Admissibility, Compulsion Privileged matter disclosed under, Conduct Character evidence as admissible to prove, Specific instances as method of proving character, (2), (2) Specific instances as method of proving habit or routine practice, Confessions Preliminary question of admissibility, Confrontation Clause, ch. 27 Confusion Relevant evidence excluded on grounds of, Construction of Rules Wisconsin rules of evidence, Conviction of Crime Evidence of, admissibility, (2), Hearsay exception, (22) Court Commissioners Applicability of rules of evidence, (1) Crawford Cases, ch. 27 Credibility See also Impeachment of Witnesses Character opinion and reputation evidence, (1) specific instances of conduct, (2) Conviction of crime or adjudication of delinquency, Cross-examination on, (2) Hearsay declarant, Religious beliefs and opinions, Who may attack, Crime Attorney-client privilege, furtherance as exception, (4) Impeachment by evidence of conviction, Other crimes evidence, (2) Cross-examination Court-appointed experts, Disclosure of facts or data underlying expert s opinion, Scope, (2) Specific instances of conduct, (2) Cumulative Evidence Relevant evidence, exclusion as, D Data Compilations Authentication, (7), (8) Public records, contents of, Death Hearsay declarant, unavailability of, (1) Impending, hearsay exception for statement under belief of, (3) October 2017, State Bar of Wisconsin PINNACLE Index-3

4 Declarant Attacking and supporting credibility of, Defined, (2) Hearsay exceptions declarant s availability immaterial, declarant unavailable, Depositions Former testimony, hearsay exception, (1) Use at trial, ch. 28 Writing to refresh recollections before or while testifying, Disclosure See Compulsion; In Camera Disclosure; Privileges Doctor-Patient Documents Ancient, (8) Authentication, illustrations, Public, contents of, Public, self-authentication, Self-authentication, Domestic Partner Privilege, Domestic Violence Victim advocate, privileged communications, Duplicates Admissibility, Defined, (4) Dying Declarations Hearsay exception, (3) E Emotional Condition Hearsay exception, (3) Erroneous Ruling Harmless error, determination, Plain error, Excited Utterances Hearsay exception, (2) Statement of injured person as, Exclusion of Evidence Character evidence, Compromise, Crime victim information, Farmer assistance programs, communications in, Irrelevant evidence, Liability insurance, Mediation, Objections, Offer of proof, Offer or plea of guilty or no contest, Offers to compromise, Payment of medical and hospital expenses, Prejudice, confusion, or waste of time, Protective headgear use or nonuse, Statement of injured person, Subsequent remedial measures, Withdrawn plea of guilty, Exclusion of Witnesses Generally, Exculpatory Statements Hearsay exception, (4) Index-4 October 2017, State Bar of Wisconsin PINNACLE

5 Expert Testimony Generally, Bases of opinion testimony by expert, , Court-appointed experts, Criminal cases, (5) Facts or data underlying expert opinion, , Lay testimony, distinctions, Reading expert s report into evidence, Ultimate issue, opinion on, F Family History, hearsay exception, (19), (23) Records, hearsay exception, (13) Farmer Assistance Programs Communication inadmissible, Foreign Records and Documents Self-authentication, Translations, Forfeiture See Waiver Former Testimony Hearsay exception, (1) Fraud Attorney-client privilege, furtherance as exception, (4) G Grand Juries Applicability of rules of evidence, (4) Greater Latitude Rule, (2) Guilty Plea Withdrawn plea, admissibility, H HIV Admissibility of test results, Habit Admissibility, Handwriting Nonexpert opinion as to genuineness, (2) Harmless Error Determination, Health Care Provider See also Privileges Statement of apology or condolence, inadmissibility, Health Care Provider Records See Patient Health Care Records Health Care Regulatory Agency Reports Inadmissibility, Hearsay Generally, ch. 908 Admissions, (4)(b) Availability of declarant immaterial, hearsay exceptions, October 2017, State Bar of Wisconsin PINNACLE Index-5

6 Co-conspirator, (4)(b) Declarant, (2) Declarant s credibility, Defined, (3) Exceptions, , , , see also (4) ancient documents, statements in, (16) comparable guarantees of trustworthiness, materials with, (24), (6) excited utterance, (2) family records, (13) former testimony, (1) hospital records, (6m) impending death, statement under belief of, (3) judgment as to history or boundaries, (23) judgment of conviction, (22) market reports and commercial documents, (17) marriage, baptismal, and other certificates, (12) medical diagnosis or treatment, statements relating to, (4) mental, emotional, or physical condition, then existing, (3) personal or family history statement, (5), (5m) present sense impression, (1) public records and reports, (8), (10) recorded recollection, (5) records, absence of entry in, (7), (10) records of documents affecting property interest, (15) records of regularly conducted activity, (6), (7) records of religious organizations, (11) records of vital statistics, (9) reputation as to character, (21) reputation concerning boundaries or general history, (20) reputation concerning personal or family history, (19) statement against interest, (4) statement in document affecting property interest, (15) treatises, (18) Nonverbal conduct, (1) Prior statements by witnesses, (4) Rule, Statement defined, (1) excluded categories, (4) Unavailability of declarant death or infirmity, (1)(d) definition, Within hearsay, Helmet Evidence of use or nonuse, Honesty Testing Devices Privilege, Husband and Wife and Domestic Partner Privilege, Identification Authentication and, ch. 909 Other crimes evidence as proof of, (2) Statement of, (4) I Index-6 October 2017, State Bar of Wisconsin PINNACLE

7 Impeachment of Witnesses By whom, Character evidence, Conviction of crime or adjudication of delinquency, evidence of, Hearsay declarant, Nolo contendere pleas, Opinion evidence, Pendency of appeal of conviction or delinquency adjudication, (5) Prior inconsistent statements, (2) Religious belief, evidence of, Reputation, (1) Specific instances of conduct, (2) In Camera Disclosure Communications in mediation, (4) Informer privilege, (3) Writings, used to refresh memory, Inconsistent Statements Prior, (2), (4)(a) Inferences Experts, basis of, Facts underlying, Lay witness, Ultimate issue, Infirmity Hearsay declarant, unavailability of, (1) Informer Privilege, Injured Person Evidence of protective headgear or nonuse, Statement by, admissibility, Insurance Evidence regarding, admissibility, Intent Other crimes evidence as proof, (2) Interpreters Privilege, Witness rules, Interrogation By judge, Mode and order, Irrelevant Evidence Admissibility, John Doe Proceedings Applicability of rules of evidence, (4) J Judges Calling and interrogation of witnesses by, Control of interrogation of witnesses, Definition, (1) Determination of admissibility, Incompetency as witness, October 2017, State Bar of Wisconsin PINNACLE Index-7

8 Judgment Hearsay exception as to personal, family, or general history, or boundaries, (23) of previous conviction, (22) Judicial Notice Adjudicative facts, Administrative rules, Foreign laws, Ordinances, Juror Competency as witness, Jury Hearings outside presence of, , Inadmissible evidence, Validity of verdict or indictment, (2) Jury Instructions Judicial notice, Presumptions in criminal cases, L Law Enforcement Informer privilege, Privilege for investigatory files, Lawyer-Client Privilege, Lay Opinion Testimony by lay witness, Lead Dust testing results, admissibility, Leading Questions When used, (3) Learned Treatises Hearsay exception, (18) Liability Insurance Admissibility, Limited Admissibility Application of rule, M Marriage Certificate, hearsay exception, (12) Husband-wife privilege, Religious record of, hearsay exception, (11) Marriage and Family Therapist Patient Mediation See also Negotiations Privilege, Medical and Similar Expenses, Payment of Admissibility, Medical Diagnosis or Treatment Hearsay exception for statements relating to, (4) Memory Writings, used to refresh, Index-8 October 2017, State Bar of Wisconsin PINNACLE

9 Mental, Emotional, or Physical Condition Hearsay exception, (3) Statement of injured person, Mental Incapacity Competency of witness, Hearsay declarant, unavailability of, Minors See Children Motion to Strike Admission of evidence, Motive Other crimes evidence as proof of, (2) Prior statement by witness to rebut, (4) State of mind, hearsay exception, (3) Municipal Courts Applicability of rules of evidence, (1) N Negotiations Conduct occurring during, Newspapers Self-authentication, (6) Nolo Contendere (No Contest) Pleas Admissibility, Nurse-Patient O Oath or Affirmation Requirement for witness, Objection Admission of evidence, Exclusion of evidence, Offer of Proof Requirement, Offer to Plead Guilty or No Contest Admissibility, Official Publications Self-authentication, (5) Opinion on Ultimate Issue Admissibility, Opinion Testimony Expert witnesses, , , Handwriting, nonexpert opinion, (2) Lay witnesses, Method of proving character, (1), (1) Method of proving habit or routine practice, Opportunity Other crimes evidence as proof of, (2) Ordinances Judicial notice, Original Defined, (3) Duplicates, admissibility, October 2017, State Bar of Wisconsin PINNACLE Index-9

10 Required to prove contents of writing, recording, or photograph, Unavailable, admissibility of other evidence of contents, Other Crimes Evidence Admissibility, (2) Pamphlet Hearsay exception, (18) Patient Health Care Records Authentication, (11) Hearsay exception, (6m) Payment of Medical Expenses As evidence of liability, Periodicals Hearsay exception, (18) Self-authentication, (6) Personal History Statements of, hearsay exception, (5), (5m) Personal Injury Evidence of protective headgear use or nonuse, Statement of injured person, Personal Knowledge Lay witness opinion testimony, requirement, Recorded recollection, requirement, (5) Witness s testimony, requirement for, P Photographs Contents proved through adverse party s admission, Defined, (2) Duplicates, admissibility, Original evidence determination, function of trier of fact, Original required to prove contents, Summaries, Physical Condition Hearsay exceptions, (3), (4), (6m) Impending death, hearsay exception, (3) Statement of injured person, Physician-Patient Plain Error Determination, Plan Other crimes evidence as proof of, (2) Pleas and Plea Discussions Exclusion, Podiatrist-Patient Political Vote Privilege, Polygraphs Privilege, Prejudicial Relevant evidence, excluded as, , , Index-10 October 2017, State Bar of Wisconsin PINNACLE

11 Preliminary Hearings Jury presence, (3) Testimony of accused, (4) Preliminary Questions Generally, Applicability of the rules of evidence, (4) Conviction of crime or delinquency adjudication, (3) Preparation Other crimes evidence as proof of, (2) Present Sense Impression Hearsay exception, (1) Statement of injured person as, Presumptions Generally, Criminal cases, Prior Inconsistent Statements Generally, (2), (4)(a) Prior Statements by Witness Generally, , (4)(a) Privileged Matter Disclosure under compulsion, Forfeiture, attorney-client privilege, (5) Waiver, Privileges Applicability in proceedings, Attorney-client, Chiropractor-patient, Clergy, communications to, Comments by judge or counsel, Crime victim compensation proceedings, Disclosure of privileged matter compulsion, forfeiture, (5) waiver, Domestic partner, Domestic violence or sexual abuse victim advocate, Existence of privilege, preliminary questions, Farmer assistance programs, Federal tax returns, General rule, Honesty testing devices, Husband-wife, Identity of informers, Inference from claim, Interpreters, Jury instruction, Law enforcement records, Marriage and family therapist patient, Nurse-patient, Physician-patient, Podiatrist-patient, Political vote, Professional counselor patient, Psychologist-patient, Report required by law, Self-incrimination, , (3) Sexual abuse or domestic violence victim advocate, Social worker patient, Trade secrets, Veteran mentors, Waiver by voluntary disclosure, Probative Value vs. Prejudice Test Exclusion of evidence of conviction of a crime or adjudication of delinquency, Exclusion of HIV test results, Exclusion of relevant evidence, October 2017, State Bar of Wisconsin PINNACLE Index-11

12 Products Liability Subsequent remedial measures, Professional Counselor Patient Property Records Hearsay exception, (15) Protective Headgear Evidence of use or nonuse, Psychologist-Patient Public Documents Self-authentication, Public Records Authentication, (7), Certified copies, self-authentication, Contents, how proved, Hearsay exceptions, (8), (10) Purpose of Rules Generally, R Rape Shield Law Generally, (1)(b) See also , (1), (3)(cm), (1), (1) Recollection Recorded, hearsay exception, (5) Refreshing memory, Recordings Contents proved through adverse party s admission, Defined, (1) Duplicates, admissibility, Original evidence determination, function of trier of fact, Original required to prove contents, Related, admissibility, Summaries, Records Authentication business records, (12), (13) public records, (7), Hearsay exceptions, (6), (6m), (7), (8), (9), (10), (11), (13), (14) Refreshing Memory Writings, use of, Rehabilitation of Witnesses Character opinion and reputation evidence, (1) specific instances of conduct, (2) Religious beliefs or opinions, Relevant Evidence Admissibility rules, Conditioned on fact, (2) Definition, Exclusion, grounds of, Religious Beliefs Impeachment by evidence of, Religious Records Hearsay exception, (11) Marriage, baptismal, and similar certificates, hearsay exception, (12) Repair After Event Admissibility, Index-12 October 2017, State Bar of Wisconsin PINNACLE

13 Reports Expert s, Health care regulatory agency, inadmissibility, Hearsay exception, (8), (17) Law enforcement, privileged, Prepared in course of regularly conducted business, hearsay exception, (6) Required by statute, privileged, Reputation Character, hearsay exception, (21) Complaining witness in certain actions, (3) Concerning boundaries or general history, hearsay exception, (20) Concerning personal and family history, hearsay exception, (19) Method of proving character, (1), (1) Restitution Hearings Applicability of rules of evidence, (5) Routine Practice Admissibility, Rulings on Evidence Generally, Scope Generally, S Seals Domestic public documents, authentication under seal, (1) without seal, (2) Self-Authentication Generally, Self-Incrimination Comment on privilege in civil case, (4) Credibility testimony not waiver of privilege, (3) Sentencing Inapplicability of rule of evidence, (4) Settlement Conduct occurring during negotiations, exclusion of, In mediation, Sexual Abuse or Assault See also Rape Shield Law Victim advocate, privileged communications, Victim s past behavior, relevance, (3)(c) Sexual Conduct Admissibility, generally, in civil action for damages, Preliminary question of admissibility, Small Claims Court Inapplicability of rules of evidence, (4) Social Worker Patient October 2017, State Bar of Wisconsin PINNACLE Index-13

14 State of Mind Hearsay exception, (3) Statement Defined, (1) Of apology or condolence, by health care provider, inadmissibility, Of injured person, admissibility, Statements Against Interest Admissions, Hearsay exception, (4) Subsequent Remedial Measures Admissibility, Summaries Admissibility, T Telephone Calls Authentication, (6) Testimony Cross-examination, Expert testimony, , Interpreters, Oath or affirmation, Opinion testimony by lay witnesses, Personal knowledge, Personal presence at trial, Trade Inscriptions Self-authentication, (7) Trade Secrets Privilege, Truthfulness Character evidence, U Ultimate Issue Opinion on, Unavailability Definition, Hearsay exceptions, Uniform Commercial Code Self-authentication of documents under, (9) Uniform Judicial Notice of Foreign Law Act Generally, V Victims Character evidence, Crime victim compensation proceedings, privilege, Crime victim, information about, Domestic violence or sexual abuse, communications to victim advocate, Sexual assault victim s past behavior, relevance, Vital Statistics Hearsay exception, (9) Voice Identification Authentication, (5) Treatises Hearsay exception, (18) Index-14 October 2017, State Bar of Wisconsin PINNACLE

15 W Waiver Privilege forfeiture, attorney-client privilege, (5) waiver by voluntary disclosure, Waste of Time Relevant evidence excluded as, Witnesses Calling by judge, (1) Character of, (1)(c), Competency, Credibility, Cross-examination, Exclusion, Expert, ch. 907 Impeachment (See Impeachment of Witnesses) Interrogation by judge, (2) Interpreters, Judge as witness, Juror as witness, Lay witnesses, Mode of interrogation, Oath or affirmation, Personal knowledge requirement, Prior statements, Privileges (See Privileges) Qualification, determination by preliminary questions, Rehabilitation (See Rehabilitation of Witnesses) Religious beliefs, Sexual conduct, (3)(c) Work Product Attorney-client privilege, Used to refresh memory, Written Statement Copies, Related writings, Writings Contents proved through adverse party s admission, Definition, (1) Duplicates, admissibility, Foreign languages, submission, translation, Original evidence determination, function of trier of fact, Original required to prove contents, Related, admissibility, Summaries, Used to refresh memory, October 2017, State Bar of Wisconsin PINNACLE Index-15

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