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Vol. 70, No. 9, September
1997
Rule 904.12
Rule 904.12 of the Wisconsin Statutes provides that:
(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 section 908.03(1), (2) or (3).
(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 makes such
statement or the person's personal representative, furnish the person who
made such statement or his 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.
(3) This section does not apply to any statement taken by an officer having
the power to make arrests. |