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§ 901.03, Objection/Offer of Proof — Format (Q & A Encouraged but not Required)

State v. Richard Dodson, 219 Wis.2d 65, 580 N.W.2d 181 (1998), unpublished decision below
For Dodson: Michael J. Backes

Issue: Whether an offer of proof must be in question-and-answer form.

Holding:

¶15 The court in Milenkovich did not say, and we do not say now, that every offer of proof should be accompanied by a question and answer format. There are cases in which the evidentiary problem posed is easily resolved by statements of counsel. Other considerations, such as concerns of or for the alleged victim, may well encourage the court to resolve the matter without the question and answer format. Nevertheless, in a close case we encourage the circuit courts to engage in the question and answer format.

 

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