Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14
10. 29S. s. Published May 3 1909.
CHAPTER 81. LAWS OF 1909.

AN ACT to amend subsections /, 2, 3. 4, 5,
and of section 1895 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 1. Subsection 1 of section 4096
of the statutes Is amended to read Section
1895. /. No action to obtain a discovery
under oath, 10 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 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 county, town, viii
lage, or city be d party, the examination of
any officer OF sucn county. town. village. or
city. otherwise than as a witness on d trial,
may be taken by deposition at the instance
OF the adverse party in any action pro-
ceeding, at any time after the commence
ment 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.
2. Such deposition shall be taken before
a judge at chambers or a court commission
er on previous notice to such party and
any other adverse party or their respective
attorneys, of at least five days or Ii may
be taken without the state in the manner
provided for taking other dispositions.
3. The attendance of the party to be ex-
amined, and the production of all papers,
books, files, records. things, and matters in
the possession Of such party, his or Its as
signors. officers, agents, or employees, reie-
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
at such time and place and submit TO the
examination, and IL required attend for the
purpose of reading and signing such deposit
tion, without service OF subpoena,
4. Such examination shall be subject to
the same rules as that of any other wit
ness, but he shall not be compelled 10 dis
close anything not relevant TO the contro-
versy.
8. If such examination shall be taken be-
fore issue Joined, the notice OF taking the
same shall be accompanied by an affidavit
of the party. his agent, or attorney stating
the general nature and object of the action,
that discovery Is sought to enable the party
to plead and the points upon which such
discovery Is desired. and such eSaEina-
ton shall be limited to the discovery Of
the facts relevant to such points, unless the
court or the presiding judge thereof, OH mo-
tOn and one days notice shall. before the
examination Is begun. by order. further
liI1it the subjects to which 1t 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 shall be entitled to examine said
plaintiff agent employe, 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
duothef EXAMINATION dLttt ISSUE Joiheu upon
all the issues in the cause. and the party ex-
Rmining shall In all cases be allowed TO ex-
anime upon oral interrogatOries.
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 hereinbefore provided provided,
however, that whenever plaintiff or defend
ant Is a nonresident OF this state his de-
position may be had under the provisions
Of this section in the county Ia which the
action Is pending, II he can be personally
EpF wit EnhnOQnR "
county.
Approved May 8. 1909.