Wisconsin Mock Trial Rules

Key Differences from Federal Rules of Evidence

• Wisconsin's evidence rules are codified as statutes (Wis. Stat. ch. 901-911) and closely track the FRE but with significant statutory modifications
• Wisconsin follows the Daubert standard for expert testimony under Wis. Stat. § 907.02(1) as confirmed in State v. Giese
• Wisconsin Stat. § 908.03(4) business records exception requires the record to have been made at or near the time of the event by a person with knowledge—stricter than some FRE interpretations
• Wisconsin's "Sullivan" rule (case law) requires the state to disclose other-acts evidence before trial and demonstrate by a preponderance that it occurred

Notable Rules

Key Features

• Wisconsin Circuit Courts are the sole trial courts of general jurisdiction across 69 circuits grouped in 10 judicial administrative districts
• Mandatory pretrial conferences and scheduling orders are standard in civil cases to promote case management
• Voir dire is primarily judge-conducted under Wis. Stat. § 805.08, though courts typically allow attorney follow-up questioning

• Civil juries consist of 6 jurors; verdict requires agreement of 5 of 6 under Wis. Stat. § 805.09(2)
• Criminal felony juries require 12 jurors with unanimous verdict for conviction
• Misdemeanor cases may be tried with 6 jurors under Wis. Stat. § 972.02