Section 972.09 – Hostile witness in criminal cases

May 14, 2021 | Criminal Procedure, Wisconsin

Where testimony of a witness at any preliminary examination, hearing or trial in a criminal action is inconsistent with a statement previously made by the witness, the witness may be regarded as a hostile witness and examined as an adverse witness, and the party producing the witness may impeach the witness by evidence of such prior contradictory statement. When called by the defendant, a law enforcement officer who was involved in the seizure of evidence shall be regarded as a hostile witness and may be examined as an adverse witness at any hearing in which the legality of such seizure may properly be raised.

Wis. Stat. ยง 972.09

Sup. Ct. Order, 59 Wis. 2d R1, R6 (1973); 1993 a. 486.