Der Sonntagsbote. (Milwaukee, Wis.) 1906-1912, 1909-07-11

No. POS. ST Published MAY s 1909.
CHAPTER 81. LAWS OF QnQ

O&1A4 LII Gis L&AWO OE ASuJs
AN ACT TO amend subsections /, 2. 3 A, 8.
ana 9 OF section 1896 Of the statutes. re-
before trial.
The people * the state OF Wisconsin. rep
recented In Senate and Assembly, do en-
act as follows:
Section l. Subsection / Of section 400
OF tie statutes Is amended to read Section
40e6. l.. No action to obtain a discovery
under oath, in aid Of prosecution or defense
q another action. shall be allowed but the
examination Of the party, his or its assign
or. otncer, agent. or enpioye, or OF the per
son Who was such officer. agent, or en-
pioye, at the time OF the occur
Fence OF the facts made the subject Of the
examination. or In case q county, town. vii
lage, or city be a party. the examination Of
eny oHteer q such county. town. village, or
city. otherwise than as a witness on a trial,
mes be taken BY deposition at the instance
OF the adverse party IN any action or pro-
ceeding, at any time after the commence
msnt thereof and before judgment AS many
such examinations may be had. at different
tines ana places, as there are individuals
70 be examined but no individual shall be
after otherwise provided.
2. Such deposition shall be taken before
q judge at chambers or a court commission
er on 4 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 cx-
Rmined, and the production Of all papers,
books, biea. records. things, and matters In
tie possession q such party, his or It's as
SlgnorE. officers, agents., or employees. reie-
VaHt TO the controversy, may be compelled
upon subpoena and the payment or fender
Of MS fees as O witness. II the party to
DC xamlne II a nonresident Of this state.
the court may upon motion fix the time and
pace OF such examination. He shall attend
al such time and place and submit TO the
examination, and. II required. attend for the
purpose Of reading and signing such depOsi-
zion, without service OF subpoena.
2EHFh uxumfnn finn ahnIl hQ cnhfonf -
the same rules as that Of any other Wit
ness, but be shall not be compelled TO dis
close anything not relevant to the contro-
s. II such examination shall be taken be-
Zone 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 ie sought to enable the party
e plead and the points upon which such
tian shall be limited TO the discovery Of
tie facts relevant TO such points, unless the
court or the presiding Judge thereof. on mo
tlon and one days notice. shall, before the
examination IS begun, by order, further
limit the sdb1ects TO which II shall extend
hut should the defendant desire an exRmin
alton OF the plaintiff. his or it's agent, en-
piQye. or officer, before Issue Joined, said de-
PENDANT shall be entitled to examine said
p4aintiT. agent, empioye, or officer. on all
points set out In the complaint. as though
the same haa been put In issue but such
examination shall not preclude the right to
Al+NtAAtI tAAuLApn hAArA ArcNr IotAeu upOu
all the issues IN the cause, and the party ex-
aiming shall, IN all cases. be allowed to eI-
anime upon oral interFogatories.
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 hereinhefore 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. II he can be personally
served with notice and subpoena In such
ceanty.
approved May 5. 1000.