909.015 General provision; illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of s. 909.01: (1) TESTIMONY OF WITNESS WITH KNOWLEDGE. Testimony of a witness with knowledge that a matter is what it is claimed to be. (2) NONEXPERT OPINION ON HANDWRITING. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation. (3) COMPARISON BY TRIER OF FACT OR EXPERT WITNESS.
Self-authentication. Subscribing witness’ testimony unnecessary.
History: Sup. Ct. Order, 59 Wis. 2d R1, R332 (1973); 1985 a. 297; 1999 a. 85. Alleged statements of self-identification made in a phone call and in personal contact may not themselves be used to identify the speakers. Nischke v. Farmers & Merchants Bank & Trust, 187 Wis. 2d 96, 522 N.W.2d 542 (Ct. App. 1994). Tapes are properly identified and authenticated when a party to the recorded conversation identifies the defendant’s voice and testifies that the tapes accurately depict the conversation. State v. Curtis, 218 Wis. 2d 550, 582 N.W.2d 409 (Ct. App. 1998), 96-2884. Authentication can be done through circumstantial evidence. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968. Text message authentication is a low standard that can be achieved with the sort of testimonial evidence of a witness with knowledge and circumstantial evidence that was presented in this case. Text and other electronic messages do not require new rules on authentication. State v. Giacomantonio, 2016 WI App 62, 371 Wis. 2d 452, 885 N.W.2d 394, 15-0968. The circuit court did not err in admitting a copy of a note into evidence under sub. (3). The circuit court, as the trier of fact, inspected the original note, which is self-authenticating under s. 909.02 (9), compared the original and the copy side-by-side, and observed that the copy was identical to the original. Deutsche Bank National Trust Co. v. Wuensch, 2018 WI 35, 380 Wis. 2d 727, 911 N.W.2d 1, 15-0175. See also Federal National Mortgage Ass’n v. Thompson, 2018 WI 57, 381 Wis. 2d 609, 912 N.W.2d 364, 16-1496. Thinking Outside the “Business Records” Box: Evidentiary Foundations for Computer Records. O’Shea. Wis. Law. Feb. 2008. Virtual DNA: Whole Device Authentication. O’Shea. Wis. Law. July/Aug. 2019.