Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1867-05-04
Published April 3, 1867. ]
ANACT to amend chapter 1877 of the revised statutes
entitled 'of evidence"
F2-'fENERAL.

ANCT to amend chapter 1877 of the revised statutes
entitled ''Of evidence"
The people of the state of Wisconsin, represented In
senate and assembly do enact as follows:
Section l. The plaintiff in any action now pending
in any court of record which shall be hereafter
commenced in any such court, may take the testimony
of any witness witnesses residing of this state
/ at any time after suit has been commenced ana be.
fore issue Of fact has been joined In such action,
before after an Issue of law has been Joined
therein at any time before the defendant in such
action shall have served upon the plaintiff answer
to the complaint therein fToUidsd, that before any
commission shall issue take the testimony of such
witness witnesses, the plaintiff in such action or
in hi behalf shall file with the clerk of the
court in which the action Is pending, affidavit,
ting forth briefly the following facts to-wit: LIST.
That an action has been commenced, and the nature
of such action and that process has been served
the defendant In said action personally, pursuant
to an order Of publication, duly made therein. I'd.
That the witness whose testimony is desired resides
out of this state, and the names place of residence of
such witness 3D. That the testimony of such witness
is material and necessary for the party making such
| application, in the prosecution of such action.
Sec. 2. Upon filing such affidavit with such clerk,
such party shall be entitled have entered in the
common rule book kept by the clerk of the court in
which the action IS pending, rule that a commission
issue for the examination of such witness may be
named in said rule and affidavit copy of which rule
and affidavit shall be served upon the attorney or at
toneys of The defendant in such action if such de-
PENDANT has appeared in such action by attorney if
them the same shall be served upon the defendant
defendants personally and at the time shall be
served upon said defendant or his attorney copy OF
heinterrogatories TO be propounded to the witness In
tended TO be examined. Within five days after the
service of said rule affidavit and interrogatoies the
said defendant DEFENDANTS his or their attor-
ney, may the attorney Of the plaintiff apply
ing for commission, copy of the cross-interrogato-
ries which said defendant may desire TO have pro-
pounded TO the witness named in the rule and afda-
w.t. and which cross-interrogatores SHALL when ne.
ceived by the plaintiffs attorneys be annexed TO and
sent with the direct interrogat0es and shall be pro-
pounded to the witness examined with the direct in
terrogatores after the direct heterogeneous have
been propounded to said witness.
Sec. 3. Ali laws and rules relating TO the taxi ng
the testimony. Of witnesses under commissions, the
manner of executing dispositions, and returning the
same shall apply TO dispositions taken under this act
far the consistent with the provisions
herein contained.
Sec A. The testimony of all witnesses taken under
and in pursuance Of the provisions of this act may be
read In evidence upon the r al Of the for which
the taken but this language shall rot be so
construed to take away the right of the defendant
to avail himself of any objection lawfully made, the
competency materiaty or legality of any interroga-
tory propounded to such Witness any answer given
by such witness pT0Uided, that such objections ap-
pear In said depostions and in case the plaintiff shall
be n-suied in such action shall discontinue the
same, and another action shall be commenced for
the same cause, against the same defendants, or
against any defendant who had BEEN party in the
taking of the deposition, all such dispositions lawfully
taken for the first action may be used in the second
subject to the conditions and objections as if
originally taken fol the second action pr Ulded that
the said dispositions shall have been duly filed in the
court where the first action was pending, shall re-
main in the custody Of the court clerk of said
from the termination of the first action until the
commencement of the second action.
Sec. s. This act shall not be so construed as to re-
peal any law rule of court concerning the rights of
parties to take dispositions Of witnesses after issue Of
fact joined IN a case.
Sec. 6. This act shall take effect and be in force
from and after its passage
Approved April ], 1867