LRB-1400/1
RLR:jld:jf
2001 - 2002 LEGISLATURE
May 23, 2001 - Introduced by Senators Burke, Darling and Rosenzweig,
cosponsored by Representatives
Berceau, Lippert, Musser, Turner and
Sykora. Referred to Committee on Judiciary, Consumer Affairs, and
Campaign Finance Reform.
SB186,1,2
1An Act to amend 908.03 (6m) (b) (intro.) of the statutes;
relating to: admitting
2health care records into evidence in a trial or hearing.
Analysis by the Legislative Reference Bureau
Under current law, hearsay generally may not be admitted into evidence in a
trial or a hearing. "Hearsay" is a statement, including a written record, that is made
other than while a person is testifying at a trial or hearing, and that is offered at a
trial or hearing for the purpose of proving the truth of the matter asserted. An
exception to the hearsay prohibition permits a party to introduce records of regularly
conducted activities into evidence, if the custodian of the records testifies as to the
authenticity of the records. However, health care provider records may be admitted
into evidence in a trial or hearing without authentication testimony, if the party who
intends to introduce the health care records either serves a copy of the records on all
other parties, or notifies the other parties that a copy of the records is available for
inspection and photocopying at a specified location, at least 40 days before the trial
or hearing.
This bill reduces, from 40 to 20, the number of days before a trial or hearing by
which time a party must either serve health care records on the other parties or notify
the other parties of the location where the health care records may be inspected or
photocopied, in order for the health care records to be admissible into evidence at the
trial or hearing without authentication testimony for the custodian of the records.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB186, s. 1
1Section
1. 908.03 (6m) (b) (intro.) of the statutes is amended to read:
SB186,2,52
908.03
(6m) (b)
Authentication witness unnecessary. (intro.)
A The testimony
3of a custodian or other qualified witness required by sub. (6) is unnecessary if the
4party who intends to offer health care provider records into evidence at a trial or
5hearing does one of the following at least
40 20 days before the trial or hearing:
SB186,2,87
(1) This act first applies to actions commenced on the effective date of this
8subsection.
