Nov. 3, 2010 – Mummified bodies, middle-school science experiments, and amputation – these were some of the more memorable scenarios in recent cases decided by the Wisconsin appellate courts. Perhaps of greater significance to Wisconsin trial attorneys, however, these cases also allowed the courts to refine their interpretation of the Wisconsin Rules of Evidence, on matters such as expert testimony, relevance, and preliminary questions of admissibility.
The newly issued 2010 supplement to The Wisconsin Rules of Evidence: A Courtroom Handbook includes concise annotations of these and other cases that the book’s authors – the Honorable Thomas H. Barland (reserve judge) of Eau Claire and Attorney Michael J. Brose of New Richmond – have identified as the most significant evidence-related cases decided since publication of the seventh revised edition of the Evidence Handbook in 2009.
Organized around the Wisconsin Rules of Evidence, the Evidence Handbook – one of the State Bar’s best-selling PINNACLE books – covers every section of those rules, providing the full text of each, along with the complete corresponding Judicial Council Committee Notes. In addition to succinct case annotations to accompany the evidence rules involved, the handbook’s authors have also written Authors’ Notes highlighting specific evidentiary issues, related statutes, and Supreme Court Rules.
Designed for use at trial, the handbook is an on-the-spot reference to the Wisconsin Rules of Evidence. The book’s topical guide, a unique feature placed in the center of the book, clearly identifies the chapters in which readers can locate specific rules. An index, a table of cases, and a set of top tabs with topical headings help attorneys quickly locate applicable evidentiary rules and cases.
The 2010 supplement, in addition to including citations and annotations for recent, noteworthy evidentiary cases decided by the Wisconsin Supreme Court and Court of Appeals, updates the text of the Wisconsin Rules of Evidence to reflect new rules and amendments that do the following:
generally prohibit evidence concerning a victim’s sexual conduct, in a civil action involving damages for an injury resulting from sexual misconduct
create a new evidentiary privilege against disclosure of communications made by a veteran to a “veteran mentor”
establish procedures for admission of translations of writings in languages other than English
provide for a podiatrist-patient privilege
establish conditions under which a licensed sign-language interpreter may disclose a confidential communication facilitated by the interpreter
require that hearings under section 904.085 be held in camera to determine whether otherwise-privileged communications made in mediation may be admitted in another proceeding
The Evidence Handbook is available to State Bar members for $155. Purchasers who subscribe to the State Bar of Wisconsin’s automatic supplementation service will receive future updates for 10 percent off the regular update price. This title is also available to members in an electronic format as part of the State Bar’s online library, Books UnBoundTM, for $129 for a one-year subscription. (This online title is automatically available to Books UnBoundTM subscribers who already have subscriptions to the full Books UnBoundTM library.)
To order the Evidence Handbook, or for more information, contact the State Bar at (800) 728-7788 or (608) 257-3838.
