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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) General rule. For the purpose of attacking character for truthfulness, a witness may be asked whether the witness has ever been convicted of a crime or adjudicated delinquent and the number of such convictions or adjudications. If the witness's answers are consistent with the previous determination of the court under sub. (3), then no further inquiry may be made unless it is for the purpose of rehabilitating the witness's character for truthfulness.
(2) Exclusion. Evidence of a conviction of a crime or an adjudication of delinquency may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Factors for a court to consider in evaluating whether to admit evidence of prior convictions for the purpose of attacking a witness's truthful character include:
(a) The lapse of time since the conviction.
(b) The rehabilitation or pardon of the person convicted.
(c) The gravity of the crime.
(d) The involvement of dishonesty or false statement in the crime.
(e) The frequency of the convictions.
(f) Any other relevant factors.
(3) Admissibility of conviction or adjudication. No question inquiring with respect to a conviction of a crime or an adjudication of delinquency, nor introduction of evidence with respect thereto, shall be permitted until the court determines pursuant to s. 901.04 whether the evidence should be excluded.
(5) Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction or a delinquency adjudication inadmissible. Evidence of the pendency of an appeal is admissible.
Cite this article: FindLaw.com - Wisconsin Statutes Evidence (Ch. 901 to 937) § 906.09. Impeachment by evidence of conviction of crime or adjudication of delinquency - last updated January 01, 2025 | https://codes.findlaw.com/wi/evidence-ch-901-to-937/wi-st-906-09/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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