River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1909-07-15
No 29s, S. Published May 3 1909
LCEAPTEG 81. LAW9 OF 1909.

No. 298, ST. Published May ;. 1909.
CHAPTER 81, LAWS OF 1909.
AN ACT to amend sUbsections I, 2, g. 4, s.,
and Of section 4090 Of the statutes, re-
lating TO examinations OF adverse party
The people Of the state of wisconsin, rep
peeented in Senate and Assembly, do en-
act as follows:
OF the statutes Is amended to read Section
1896. i. No action to obtain a discovery
under oath, Ia aid Of prosecution or defense
OF another action, shall be allowed; but the
examination OF the party, his or its assign
or, officer, agent. or emPIoye, or or the per-
son who YVES such officer agent, OF en-
ploye, at the time Of the occur
renee Of the facts made the subject Of the
examination or In c0Be q county, town, vii
Iage or city be a paI ty the ezamlnatlon OF
any officer Of such county. town, village, or
city, otherW Sc than a Witness on a trial,
may be taken by deposition at the instance
ceedlng, at any time after the commence
ment thereof and before Judgment. As many
ouch examinations may be had, Of di1erent
to be examined but no individual shall be
examined more chan once, except as herein
after otherwise pfovlC ed.
r. Such deDostion shall be taken before
q judge 8t chambers Or court comInission-
or on previous notice TO such party and
Bay other adverse party or their respective
attorneys, OF at least Ave Days; or 1t mey
he taken without the state In the manner
provided for taking other dispositions.
g. Tho attendance Of the party to be ex-
elaIned. and the production of ell paperp,
books, hles records, things, and matters IN
the possession OF such party, his or Its as
signors, officers, agents, or employees, rele,
upon subpoena end the Payment or tender
Of his fees as a witness. If the party to
be examined Is a nonresident OF this state;
the court may upon motion fix the time and
place Of such examination. he shall attend
at such time and place and submit to the
examination, and. II required. attend for the
VOttr sNT HING Of n
ton, without service Of subpoena.
e. such examination shall be subject to
the same rules as that of any other wit
ness but he shall not be compelled to dis
close anything not relevant to the contro-
versy.
fore Issue Joined, the notice OF taking the
same shfIl be accompanied by IN affidavit
of the party, his agent, or attorney, stating
that discovery Is sought to, enable the party
to plead ard the points upon which guch
d oS sbs s. df mfed snd s sufh sSxs e
the facts relevant to such pointB. unless the
court or the presiding judge thereof, on mo-
ton and one days notice, shall before the
limit the subjects to which 1t shall extend /;
but should the defendant desire On examin-
alton OF the plaintiff his or its agent, enl-
ploye, or officer, before Issue joined said de-
PENDANT shall be entitled to examine said
plaintiff agent, employee, or officer, on all
points set out in the complaint, as though
The same had been put In Issue but such
examination shall not preclude the right to
another examination after issue Joined upon
oil the Issues In the cause, and tbs party ex-
aiming shall, IN all cases, be allowed to ex-
anime upon oral heterogeneous.
g. such examinations shall not be COM
PEELED In eny other county than that in
which the party to be examined resides, ex-
cept az herelnbefore provided; provided,
how ever, that whenever plaintiff or defend
ant Is a nonresident of this state his de-
position nay be had under the provisions
% this section in the county IN which the
action Is pending. II he can be personally
served with notice and subpoena In such
county.
approved May s. 1909.