Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1909-07-15
NO. 2eS, s: Published May ). 1909
CAAPTER 81 I.AWS OF 1909.

NO. 29S; 81 Published May ) 1909.
CHAPTER "a, LAWS OF 1909.
IAN ACT to amend subsections /. 2, 3, 4, 5,
! and of section 1895 of the statutes re-
iaCIng 20 examinations of adverse party
before trial
FFHThe people of the State of Wisconsin, rep
act as follows:
Section l.. Subsection 1 of section 4096
OF the statutes is amended to read Section
| 1896. /. No action to obtain a discovery
under OATH in aid of prosecution or defense
.o1 another action, shall be allowed but the
examination of the party. his or it assign
OF; ofleer, agent. or empioye, or OF the per
son who was such officer, agent. or en-
pIoye 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 a party, the examination OF
any officer of such county. town. village, or
city, otherwise than as a witness on trial,
may be taken by deposition at the instance
OF the adverse party in any action or pro-
ceedlng. 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.
=. Such deposition shall be taken before
Judge at chambers or a court commission
er on o previous notice to such party and
any other adverse party or their respective
attorneys, of at least five days; or it may
be taken without the state in the manner
provided for taking other dispositions
). 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. rele-
upon subpoena and the payment or tender
OF Lis fees as a witness. II 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
purpose of reading and signing such depoSl-
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 TO dis
close anything not relevant to the cOntro-
versy.
). 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 exam1na.
ton shall be limited to the discovery OF
the facts relevant to 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 ofEoer. before issue joined. said de
PENDANT sha., be entitled to examine said
plaintiff agent employe, 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 heterogeneous.
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 a 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.