904.10 Annotation
A defendant's agreement to sign a written confession, after being told by the district attorney that the state would stand silent regarding sentencing if the defendant gave a truthful statement, was not the result of plea negotiations but negotiations for a confession, and therefore was not inadmissible under this section. State v. Nicholson,
187 Wis. 2d 687,
523 N.W.2d 573 (Ct. App. 1994).
904.10 Annotation
Section 908.01 (4) (b) deals with admissions by a party as a general rule, but admissions incidental to an offer to plead are a special kind of party admission: they are impossible to segregate from the offer itself because the offer is implicit in the reasons advanced therefor. This section trumps s. 908.01 (4) (b) because it excludes only this particular category of party admissions and therefore is more specialized than the latter statute. State v. Norwood,
2005 WI App 218,
287 Wis. 2d 679,
706 N.W.2d 683,
04-1073.
904.10 Annotation
This section prohibits the use of incriminating testimony a defendant gave in order to keep the possibility of a plea bargain open. The state's assertion that this section does not apply when, as here, a prosecutor offers to allow the defendant to plead guilty, failed. Not only does this ignore the basic principle that a defendant can plead guilty with or without the prosecutor's consent, but it would require adding the words "to allow" to the statute. State v. Myrick,
2014 WI 55,
354 Wis. 2d 828,
848 N.W.2d 743,
12-2513.
904.11
904.11
Liability insurance. Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.
904.11 History
History: Sup. Ct. Order, 59 Wis. 2d R1, R97 (1973);
1991 a. 32.
904.12
904.12
Statement of injured; admissibility; copies. 904.12(1)(1) In actions for damages caused by personal injury, no statement made or writing signed by the injured person within 72 hours of the time the injury happened or accident occurred, shall be received in evidence unless such evidence would be admissible as a present sense impression, excited utterance or a statement of then existing mental, emotional or physical condition as described in
s. 908.03 (1),
(2) or
(3).
904.12(2)
(2) Every person who takes a written statement from any injured person or person sustaining damage with respect to any accident or with respect to any injury to person or property, shall, at the time of taking such statement, furnish to the person making such statement, a true, correct and complete copy thereof. Any person taking or having possession of any written statement or a copy of said statement, by any injured person, or by any person claiming damage to property with respect to any accident or with respect to any injury to person or property, shall, at the request of the person who made such statement or the person's personal representative, furnish the person who made such statement or the person's personal representative, a true, honest and complete copy thereof within 20 days after written demand. No written statement by any injured person or any person sustaining damage to property shall be admissible in evidence or otherwise used or referred to in any way or manner whatsoever in any civil action relating to the subject matter thereof, if it is made to appear that a person having possession of such statement refused, upon the request of the person who made the statement or the person's personal representatives, to furnish such true, correct and complete copy thereof as herein required.
904.12(3)
(3) This section does not apply to any statement taken by any officer having the power to make arrests.
904.12 History
History: Sup. Ct. Order, 59 Wis. 2d R1, R99 (1973);
1991 a. 32.
904.12 Annotation
Postaccident Statements by Injured Parties. LaFave. Wis. Law. Sept. 1997.
904.13
904.13
Information concerning crime victims. 904.13(2)
(2) In any action or proceeding under
ch. 938 or
chs. 967 to
979, evidence of the address of an alleged crime victim or any family member of an alleged crime victim or evidence of the name and address of any place of employment of an alleged crime victim or any family member of an alleged crime victim is relevant only if it meets the criteria under
s. 904.01. District attorneys shall make appropriate objections if they believe that evidence of this information, which is being elicited by any party, is not relevant in the action or proceeding.
904.13 History
History: 1985 a. 132;
1995 a. 77.
904.14
904.14
Inadmissibility of statement by health care provider of apology or condolence. 904.14(1)(a)
(a) "Health care provider" has the meaning given in
s. 146.81 (1) and includes an ambulatory surgery center, an adult family home as defined in
s. 50.01 (1), and a residential care apartment complex, as defined in
s. 50.01 (6d), that is certified or registered by the department of health services.
904.14(2)
(2) A statement, a gesture, or the conduct of a health care provider, or a health care provider's employee or agent, that satisfies all of the following is not admissible into evidence in any civil action, administrative hearing, disciplinary proceeding, mediation, or arbitration regarding the health care provider as evidence of liability or as an admission against interest:
904.14(2)(a)
(a) The statement, gesture, or conduct is made or occurs before the commencement of the civil action, administrative hearing, disciplinary proceeding, mediation, or arbitration.
904.14(2)(b)
(b) The statement, gesture, or conduct expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or his or her relative or representative.
904.14 History
History: 2013 a. 242.
904.15
904.15
Communication in farmer assistance programs. 904.15(1)(1) Except as provided under
sub. (2), no oral or written communication made in the course of providing or receiving advice or counseling under
s. 93.51 or in providing or receiving assistance under
s. 93.41 or
93.52 is admissible in evidence or subject to discovery or compulsory process in any judicial or administrative proceeding.
904.15(2)(a)(a) Subsection (1) does not apply to information relating to possible criminal conduct.
904.15(2)(b)
(b) Subsection (1) does not apply if the person receiving advice or counseling under
s. 93.51 or assistance under
s. 93.41 or
93.52 consents to admission or discovery of the communication.
904.15(2)(c)
(c) A court may admit evidence otherwise barred by this section if necessary to prevent a manifest injustice.
904.15 History
History: 1997 a. 264.
904.16
904.16
Health care reports. 904.16(1)(b)
(b) "Regulatory agency" means the department of safety and professional services or the division within the department of health services that conducts quality assurance activities related to health care providers.
904.16(2)
(2) Except as provided in
sub. (3), the following may not be used as evidence in a civil or criminal action brought against a health care provider:
904.16(2)(a)
(a) Reports that a regulatory agency requires a health care provider to give or disclose to that regulatory agency.
904.16(2)(b)
(b) Statements of, or records of interviews with, employees of a health care provider related to the regulation of the health care provider obtained by a regulatory agency.
904.16(3)
(3) This section does not prohibit the use of the reports, statements, and records described in
sub. (2) in any administrative proceeding conducted by a regulatory agency. This section does not apply to reports protected under
s. 146.997.
904.16 History
History: 2011 a. 2;
2013 a. 166.
