Chapter 904

904.12 Annotation The rule on the admissibility of statements made or writings signed by an injured party within 72 hours of an accident under sub. (1) does not to apply to releases. The supreme court’s interpretation of the predecessor statute to sub. (1) in Buckland, 160 Wis. 484 (1915), that the legislature did not intend the prohibition on such writings to apply to a release of claims is controlling. Hart v. Artisan & Truckers Casualty Co., 2017 WI App 45, 377 Wis. 2d 177, 900 N.W.2d 610, 16-1196.

904.12 Annotation Postaccident Statements by Injured Parties. La Fave. Wis. Law. Sept. 1997.

904.13 904.13 Information concerning crime victims.

904.13(1) (1) In this section:

904.13(1)(a) (a) “Crime” has the meaning described in s. 950.02 (1m).

904.13(1)(b) (b) “Family member” has the meaning described in s. 950.02 (3).

904.13(1)(c) (c) “Victim” has the meaning described in s. 950.02 (4).

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) (1) In this section:

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(1)(b) (b) “Relative” has the meaning given in s. 106.50 (1m) (q).

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) (2) 

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) (1) In this section:

904.16(1)(a) (a) “Health care provider” has the meaning given in s. 146.38 (1) (b).

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.