Functions of judge and jury

Wis. Stat. § 910.08 — under EVIDENCE — CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS.

Wis. Stat. § 910.08

910.08 Functions of judge and jury. When the admissibility of other evidence of contents of writings, recordings or photographs under chs. 901 to 911 depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the judge to determine. However,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

910.08

EVIDENCE — WRITINGS, RECORDINGS AND PHOTOGRAPHS

when any of the following issues is raised, the issue is for the trier of fact to determine as in the case of other issues of fact: (1) Whether the asserted writing ever existed. (2) Whether another writing, recording or photograph produced at the trial is the original.

Updated 23-24 Wis. Stats.

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(3) Whether other evidence of contents correctly reflects the contents. History: Sup. Ct. Order, 59 Wis. 2d R1, R364 (1973); 1993 a. 213.

May 22, 2026, are designated by NOTES. (Published 5-22-26)