Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-08-13
Published May 5, 1909.
q LAWS OE 1909.

M naS :. PuDIlSQeQ May ., 1903.
CHAPTER 81, LAWS OF 1909.
Az ACT to amend subsections /, 2, 3, 4, s,
and 6 Of section 1895 of the statutes, re-
Iarug to examinations Of adverse party
r75n ne0nIe of the State of Wisconsin. rep
rpcpnted in Senate and Assembly, do en-
oct is follows
Section |. Subsection / of section 4096
Of the statutes is amended to read Section
1896 ]. No action to obtain discovery
rrder 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 employe, or of the per-
son who was such officer agent, or en-
rI.rp r at the time, of the occur
renee Of the facts made the subject of the
examination, or IN case county, town, VII
lace or city be q party, the examination Of
any officer Of such county, town, village, or
CITY otherwise than as q witness on trial.
NAV be taken by deposition at the instance
Of the adverse party in any action or pro
cacd,ng at any time after the commence
mepr hereof 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
q nudge at chambers or a court commission
er on 4 previous notice to such party and
ppv 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.
amIned and the production of all papers,
books. files records, things, and matters IN
the possession Of such party, his or Its as
slgnor5, officers agents, or employees, rele-
want to the controversy, may be compelled
UDo2 subpoena and the payment or tender
@ 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
Daee.0f such examination. He shall attend
0c such time and place and submit to the
examination, Wnd If required, attend for the
t., H.. O,ri
IlCa without service of subpoena.
q. 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-
:. # such examination shaIi be taken be
fore issue joined, the notice Of taking the
same shall be accompanied by an afhdaYlt
Of the party, his agent, or attorney, stating
the general nature and object of the action,
that discovery is sought to enable the party
70 plead and the points upon which such
discovery is desired, and such examlna.
1lon 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-
poye, or Officer. before issue Joined, said de-
PENDANT sha-. be entitled to examine said
plaintiff agent. employee, or officer, on ell
points ser out in the Complaint, as though
the same had been put in issue; but such
examination shall not preclude the right to
all the issues in the cause, and the party ex-
aiming shall, in all cases, be allowed to ex-
anime upon oral interrogat0ries.
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.
Approved May s. 1909.