The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29
No. 29S, ST. Published May 5, 1909.
CHAPTER 81, LAWS OF 1909.

No. 29s,. 81 Published May s, 1909.
CHAPTER "a, LAWS OF 1909.
AN ACT to amend subsections l.. 2, 8. 4, 5.
and 6 of section 4O96 of the statutes, re-
lating to examinations of adverse party
before trial
The people Of the State of Wisconsin, rep
recented in Senate and Assembly, do en-
Section j. Subsection of section 1895
of the statutes is amended to read Section
1895. l. No action to obtain discovery
OF another action, shall be allowed but the
examination of the party, his or its assign
or, officer, agent. or employe, or Of the per-
son who was such officer, agent, or en-
ploye, at the time Of the occur
renee of the facts made the subject Of the
examination, or in case a county. town, vii.
lage, or city be 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-
ceedtng, at any time after the commence
ment thereof and before judgment AS many
such examinations may: be had, at different
to be examined; but no Individual shall be
examined more than once, except as herein
after otherwise provided.
2 Such deposition shall be taken before
judge at chambers or q court commtsston-
er on q previous notice to such party and
any other adverse party or their respective
be taken without the state In the manner
provided for taking other dispositions.
..
amined, and the productionSof ali papers,
books, files records, things, and matters in
the possession OF such party, his or Its as
Want to the controSersy, may be Compelled
upon subpoena and 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 If required. attend for the
TPanlnr signing
tion, without service of subpoena.
A.. 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-
Yersy.
fore issue Joined, the notice of taking. the
same shall be accompanied by an affidavit
of the party, his agent, or attorney. stating
that discovery is sought to enable the party
TO- plead and the. points upon which such
discovery. Is desired. and such exaniina.
ton shall be limited to the discovery o.
the facts relevant to such points. unless the
court or the presiding judge thereof on mo-
tion and one days notice, shall, before the
limit the subjects to which it shall extend;
but should the defendant desire an examin-
alton of the plaintiff, his or It's agent, en-
ploye, or officer, before issue Joined, said de-
PENDANT shall be entitled to examine said
plaintiff. agent, employe, or officer, on all
points set out In the complaint as though
IHG SdLHe uuU Deeu put III issue Out SuCA
examination shall not preclude the right to
another examination after issue Joined upon
ell the issues in the cause, and the party ex-
aiming shall, IN all cases. be allowed to ex-
anime upon oral interrogatories.
6. Such examinations shall not be COM
PEELED in any other county than that In
which the party to be examined resides, ex-
cept as hereinbefore provided; provided,
however, that whenever plaintiff or defend
ant is q nonresident Of this state his de-
position may be had under the provisions
OF this section in the county in which the
served with notice and subpoena In such
county.
Approved May 8. 1909.