The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-07-15
No pos. : Published May :. 1909
CHAPTER 81, LAWS OF 1909.

AN ACT to amend subsections l. =. 3 4, >.
and 6 of section 4O96 of the statutes, re
before trial.
1.-The people of the State of Wisconsin. rep
recented in Senate and Assembly, do en-
act as follows:
Section l. Subsection / of section 400G
of the statutes is amended to read Section
4O96. l. No action to obtain n discovery
under oath, in 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 employee or of the per
son who was such officer, agent. or en-
poye, at the time of the occur
renee of the facts made the subject of the
examination, or in case n county, town, vii.
lage, or city be n party the examination OF
any officer of such county. town. village, or
city otherwise than as a witness on a trial
may be taken by deposition at the instance
OF the adverse party in any action or pro
ceeding at any time after the commence
mcnt thereof and before Judgment. As many
such examinations may be had. at different
times and places, as there are individuals
to be examined but no individual shall be
examined more than once, except as herein
after otherwise provided.
.. Such deposition shall be taken before
q Judge at chambers or a court commission
er on Il previous notice to such party and
any other adverse party or their respective
attorneys, of at least five days or 1t may
be taken without the state in the manner
provided for taking other dispositions.
3. The attendance of the party to be ex-
amtned. and the production of all papers,
books, files records things, and matters in
the possession of such party, his or its as
elgnors. officers. agents, or employees ree-
want to the controversy may be compelled
upon subpoena and the payment or tender
OF his fees as a witness. II the party to
be examined is nonresident of this state.
the court may upon motion fix the time and
place of such examination. He shall attend
ut such time and place and submit to the
examination, and, If required. attend for the
purpose of reading ana signing such deposit
tion, without service of subpoena.
4. Such examination shall be subject to
the same rules rs 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 shall be accompanied by an affidavit
of the party. his agent. or at torney. stating
the general nature and object OF the action.
that discovery is sought to enable the party
10 plead and the points upon which such
discovery is desired, and such eXamina.
tlon shall be limited to the discovery Of
the facts relevant 10 such points. unless the
court or the presiding judge thereof, on mo-
ton and one days notice, shall before the
examination is begun, by order. further
limit the subjects TO which it shall extend
but should the defendant desire AN eXamin-
alton of the plaintiff, his or its agent, en-
ploye, or officer before issue joined, said de
PENDANT sh,. be entitled to examine said
plaintiff agent employc, 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
all the ISSUES in the cause and the party ex-
aiming shall. in all cases, be allowed to ex-
anime upon oral interrogatores.
G. Such examinations shall not be com
PEELED in any other county than that in
which the party to be examined resides. ex-
cept as hcreinbefOre provided provided,
however. that whenever plaintiff or defend
ant is n nonresident of this state his de-
position may be had under the provisions
of this section in the county in which the
action IS pending, If he can be personally
served with notice and subpoena in such
county.
Approved May 3. 1909.