reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.555 - Civil liability exemption; anhydrous ammonia.

895.555
Civil liability exemption; anhydrous ammonia.
(1)
Liability exemption. Except as provided under sub. (2), any person who owns, maintains, or installs anhydrous ammonia equipment, as defined in s. 101.10 (1) (b), or who uses anhydrous ammonia for any legal purpose is immune from any civil liability for acts or omissions relating to the anhydrous ammonia equipment or to anhydrous ammonia that cause damage or injury to an individual, if that damage or injury occurs during the individual's violation of s. 101.10 (3) (c), (d), (e), or (f).
(2)
Exception. A person is not immune from civil liability under sub. (1) if the damage or injury is caused by the person's reckless or wanton acts or omissions or by acts or omissions intended by the person to cause damage or injury.
History:  2001 a. 3; 2005 a. 14, 155.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.56 - Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation.

895.56
Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation.
(1)
In this section:
(a)
“Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, as defined in s. 1.12 (1) (b), or federal agency.
(b)
“Petroleum-contaminated soil" means soil contaminated with material derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
(2)
A person is immune from liability arising under s. 292.11 and from any liability for the removal or remedying of petroleum-contaminated soil or for damages resulting from the person's actions or omissions relating to petroleum-contaminated soil if all of the following apply:
(a)
The acts or omissions by the person occurred while performing a contract entered into under s. 84.06 (2), including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract entered into under s. 84.06 (2) to perform labor or furnish materials.
(b)
In the course of performing a contract described in par. (a), petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
(c)
The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
(3)
Subsection (2) does not apply to any person to whom any of the following applies:
(a)
The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in s. 292.01 (5).
(b)
The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
(c)
The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
(d)
The person is under a previous or separate contract with a state agency, as defined in s. 1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
(e)
The person causes personal injury or wrongful death.
History:  1997 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.57 - Damages and immunity; unauthorized release of animals.

895.57
Damages and immunity; unauthorized release of animals.
(1)
In this section:
(ag)
“Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
(am)
“Humane officer" means an officer appointed under s. 173.03.
(b)
“Local health officer" has the meaning given in s. 250.01 (5).
(c)
“Peace officer" has the meaning given in s. 939.22 (22).
(2)
A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12 percent per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.
(3)
Subsection (2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
(4)
(a)
In this subsection, “security device" includes any of the following:
1.
Any fence enumerated under s. 90.02.
2.
A theft alarm signal device, a burglar alarm or any other security alarm system or device.
3.
A dog.
(b)
Subject to par. (d), an owner or custodian of a confined animal is immune from civil liability for any damages to a person who suffers the damages while violating or attempting to violate s. 943.75 (2) or (2m).
(c)
An owner or custodian of an animal that is released in violation of s. 943.75 (2) or (2m) is immune from liability for any damages caused by that released animal.
(d)
The immunity provided to an owner or custodian of a confined animal under par. (b) does not apply if the injury was caused by a security device that is intended or likely to cause death or great bodily harm, as defined in s. 939.22 (14).
History:  1991 a. 20, 269; 1993 a. 27; 1995 a. 79; 1997 a. 27, 192, 248; 1999 a. 45; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.58 - Liability exemption; use of special waste under public works contracts.

895.58
Liability exemption; use of special waste under public works contracts.
(1)
In this section:
(a)
“Department" means the department of natural resources.
(b)
“Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
(c)
“Public works project" means any work done under contract to a state agency or local governmental unit.
(cr)
“Solid waste" has the meaning given in s. 289.01 (33).
(d)
“Special waste" means any type of solid waste for which the department has granted a waiver or an exemption under s. 289.43 (3), (4), (7), or (8) or that is exempt by rule promulgated under s. 289.05 (4).
(2)
The department may characterize a special waste as suitable for beneficial use in public works projects. The department shall compile and maintain a list of special wastes that are suitable for use in specified types of public works projects in a format readily available to the general public and only those special wastes may be required by contracting agencies to be used in a public works project. The list may include conditions under which the special waste may be used in the public works project in order for subs. (3) and (4) to be applicable. The list under this subsection is not a rule under s. 227.01 (13).
(3)
Special waste, when used in a public works project, is exempt from regulation as solid waste under ch. 289 if all of the applicable conditions included in the list compiled under sub. (2) are met.
(4)
A person is immune from liability for the use of special waste on a public works project or for damages resulting from the person's actions or omissions relating to the use of the special waste on a public works project if all of the following apply:
(a)
The acts or omissions by the person occurred while performing work under a contract for a public works project including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract for a public works project to perform labor or furnish materials.
(b)
The acts or omissions involving the special wastes were required or permitted in a contract for a public works project and the acts or omissions conformed to the provisions of the contract.
(5)
Subsection (4) does not apply to any person to whom either of the following applies:
(a)
The person's act or omission involved reckless, wanton or intentional misconduct.
(b)
The person's act or omission resulted in injury or death to an individual.
History:  1999 a. 9, 185; 2003 a. 88; 2005 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.66 - Mandatory disclosures.

895.66
Mandatory disclosures.
Not less than 5 business days before a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, that contains all of the following:
(1)
The amounts and due dates of the structured settlement payments to be transferred.
(2)
The aggregate amount of the payments.
(3)
The discounted present value of the payments to be transferred and the amount of the applicable federal rate used in calculating the discounted present value.
(4)
The gross advance amount.
(5)
An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's petition for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements.
(6)
The net advance amount.
(7)
The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.
(8)
A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the 3rd business day after the date the agreement is signed by the payee.
(9)
The effective annualized rate of interest on the net advance amount, calculated by treating the transferred structured settlement payments as if they were installment payments on a loan, with each payment applied first to accrued unpaid interest and then to principal, and written in the following format: “YOU WILL BE PAYING THE EQUIVALENT OF AN INTEREST RATE OF __% PER YEAR.".
(10)
A statement that the transferee's attorney does not represent the payee in connection with the proposed transfer.
(11)
A statement informing the payee that structured settlement transfers have financial consequences and advising the payee to seek independent professional advice regarding the transfer agreement.
History:  2015 a. 94; 2017 a. 365 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.67 - Approval of transfers of structured settlement payment rights.

895.67
Approval of transfers of structured settlement payment rights.
(1)
No direct or indirect transfer of structured settlement payment rights may take effect and no structured settlement obligor or annuity issuer may be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless, after the hearing required under s. 895.69 (2), the transfer has been approved in advance in a final court order based on express findings by the court that all of the following are true:
(a)
The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.
(b)
The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice.
(c)
The transfer does not contravene any applicable statute or the order of any court or other government authority.
(2)
A court may consider any of the following when making a determination under sub. (1) (a):
(a)
Whether the payee understands the financial ramifications of the transfer agreement and is entering into the agreement voluntarily.
(b)
The financial terms of the transfer agreement.
(c)
Whether the payee is delinquent in the payment of taxes in this state or in any payments required to be made pursuant to a restitution order in a criminal or juvenile delinquency proceeding, or pursuant to a child support order.
(d)
Any other considerations the court deems appropriate.
(3)
In addition to the considerations in sub. (2), if the payee is a minor or has been adjudicated incompetent, the court shall consider all of the following when making a determination under sub. (1) (a):
(a)
The physical and mental health of the payee.
(b)
The payee's overall financial situation.
History:  2015 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.68 - Effects of transfer of structured settlement payment rights.

895.68
Effects of transfer of structured settlement payment rights.
A transfer of structured settlement payment rights under this subchapter includes the following effects:
(1)
The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
(2)
The transferee shall be liable to the structured settlement obligor and the annuity issuer for all of the following:
(a)
Any taxes incurred by such parties as a consequence of the transfer, if the transfer contravenes the terms of the structured settlement.
(b)
Any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or arising as a consequence of the transferee's failure to comply with this subchapter.
(3)
Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between multiple transferees or assignees.
History:  2015 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.69 - Procedure.

895.69
Procedure.
(1)
A petition for approval of a transfer of structured settlement payment rights shall be brought by the transferee in the county in which the payee is domiciled at the time the transfer agreement is signed by the payee or, if the payee is not domiciled in this state, then in the county in this state in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court that approved the structured settlement agreement.
(2)
A hearing must be held on a petition for approval of a transfer agreement. The payee must attend the hearing in person unless the court determines that appearance via audiovisual technology is appropriate or that good cause exists for the payee not to appear.
(3)
Not less than 20 days prior to the hearing required under sub. (2), the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the petition for its authorization, including with the notice all of the following:
(a)
A copy of the transferee's petition.
(b)
A copy of the transfer agreement.
(c)
A copy of the disclosure statement required under s. 895.66.
(d)
A listing of each of the payee's dependents, together with each dependent's age.
(e)
Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's petition, either in person or by counsel, by submitting written comments to the court or by participating in the hearing.
(f)
Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the petition must be filed in order to be considered by the court. Written responses may not be due less than 15 days after service of the notice.
(g)
An affidavit from the payee stating whether the payee is delinquent in the payment of taxes in this state or in any payments required to be made pursuant to a restitution order in a criminal or juvenile delinquency proceeding, or pursuant to a child support order.
(4)
Notwithstanding the general service of process requirements under s. 801.11, service by overnight mail with proof of delivery or its equivalent constitutes adequate service of process for purposes of the notice requirement under sub. (3).
History:  2015 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.70 - General provisions.

895.70
General provisions.
(1)
The provisions of this subchapter may not be waived by any payee.
(2)
Any transfer agreement entered into by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, may be determined in and under the laws of this state. No transfer agreement may authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(3)
No transfer of structured settlement payment rights shall extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for periodically confirming the payee's survival, and giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(4)
No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this subchapter.
(5)
This subchapter may not be construed to authorize any transfer of structured settlement payment rights in contravention of any law.
(6)
Compliance with the requirements set forth in ss. 895.66 and 895.67 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.
(7)
Following any transfer of structured settlement payment rights under this subchapter, any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this subchapter, at the time of such further transfer.
History:  2015 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.02 - Notice to plaintiff.

898.02
Notice to plaintiff.
The person shall cause notice to be given to the plaintiff in the action, the plaintiff's agent or attorney, in writing, that at a time and place specified in the notice the person will apply to the circuit judge or circuit court commissioner of the county in which the person is so confined for the purpose of obtaining a discharge from imprisonment.
History:  1977 c. 449; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.03 - Notice, how served.

898.03
Notice, how served.
Such notice shall be served by delivering a copy thereof to the plaintiff, the plaintiff's agent or attorney 24 hours before the time for the hearing of such application, if the plaintiff lives within 20 miles of the place designated for the hearing; and for every additional 20 miles or part thereof that the plaintiff resides from such place 24 hours shall be added to the time of such service.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.04 - Prisoner to be examined.

898.04
Prisoner to be examined.
At the time and place specified in the notice the person shall be taken, under the custody of the jailer, the sheriff or the sheriff's deputy, before the circuit judge or circuit court commissioner, who shall examine the prisoner on oath concerning his or her estate and effects and the disposal thereof and the prisoner's ability to pay the judgment for which he or she is committed; and who shall also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.
History:  1977 c. 449; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.05 - Interrogatories.

898.05
Interrogatories.
The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry and they shall, if required by the creditor, be proposed and answered in writing and the answers shall be signed and sworn to by the prisoner; and the plaintiff in the action may have a copy of the interrogatories and answers certified by the officer before whom such examination is had, upon paying therefor the legal fees.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.06 - Oath on discharge.

898.06
Oath on discharge.
If upon such examination such officer shall be satisfied that the prisoner is entitled to his or her discharge the officer shall administer to the prisoner the following oath:
I, .... do solemnly swear that I have not any estate, real or personal, to the amount of $20, except such as is by law exempt from being taken on execution, and that I have not any other estate, nor conveyed or concealed or in any way disposed of any portion of my estate, real or personal, with design to secure the same to my use or to defraud my creditors. So help me God.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.07 - Certificate to sheriff.

898.07
Certificate to sheriff.
(1)
After administering the oath the officer before whom such examination shall be held shall make a certificate under the officer's hand as follows:
To the sheriff or jailer of the county of .... : I do hereby certify that .... , confined in your jail upon an execution at the suit of ...., is entitled to be discharged from imprisonment, if he or she be imprisoned for no other cause.
(2)
The sheriff, or jailer, upon receiving such certificate, shall forthwith discharge the prisoner, if the prisoner be imprisoned for no other cause.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.08 - Other applications for discharge.

898.08
Other applications for discharge.
If upon such examination aforesaid the prisoner be not discharged the prisoner shall be entitled to apply for his or her discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.09 - Effect of discharge.

898.09
Effect of discharge.
The prisoner, after being so discharged, shall be forever exempt from arrest or imprisonment for the same debt unless the prisoner shall be convicted for having willfully sworn falsely upon his or her examination aforesaid or in taking the oath before prescribed.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.10 - Judgment to remain in force.

898.10
Judgment to remain in force.
The judgment against any prisoner who is discharged as aforesaid shall remain in full force against any estate which may then or at any time afterwards belong to the prisoner; and the plaintiff in the action may take out a new execution against the goods and estate of the prisoner in like manner as if the prisoner had never been committed on the execution.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.11 - Inability to pay fees.

898.11
Inability to pay fees.
If the prisoner is unable to pay in whole or in part the fees of the circuit court in the proceedings, the proceedings shall continue without charge to the prisoner.
History:  1977 c. 449; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.12 - Payment and discharge.

898.12
Payment and discharge.
If the debtor shall satisfy the execution the debtor shall not be entitled to his or her discharge until the debtor has paid all the charges for his or her support in prison, in addition to the sum due on the execution, and the costs and charges thereon.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.15 - Jail liberties.

898.15
Jail liberties.
A space of ground in a square, the center of each of whose sides shall be one mile distant from the jail, is declared as the liberties of the jail of each county of the state. The sheriff of each county, where such liberties have not been heretofore so designated, shall, at the expense of the county, designate by visible and permanent marks the extent and limits of such liberties.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.16 - When prisoner to have.

898.16
When prisoner to have.
Every person who shall be in the custody of the sheriff of any county by virtue of an order of arrest, or writ of ne exeat or surrender by the person's bail upon an order of arrest, execution except when issued in a civil action for the recovery of a forfeiture or penalty, or attachment in proceedings for contempts, not criminal, issued for nonpayment of costs or of any sum of money ordered to be paid in a civil action shall be entitled to be admitted to such jail liberties upon executing the bond prescribed in s. 898.17.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.17 - Bond to be given.

898.17
Bond to be given.
Such bond shall be executed by the prisoner and one or more sureties, to be approved by the sheriff, in a sum not less than double the amount of the sum in which the sheriff was required to hold the defendant to bail, or double the amount directed to be collected by the execution, or double the amount of the costs or sum of money ordered to be paid, as the case may be, and shall be conditioned that such defendant shall remain a true and faithful prisoner and shall not escape or go without the limits of such jail liberties until discharged by due course of law. Every such bond shall be held for the indemnity of the sheriff taking the same and of the party at whose suit or for whose benefit such prisoner is confined.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.18 - Commitment if surety not good.

898.18
Commitment if surety not good.
If a sheriff who shall have taken any such bond shall discover that any surety to such bond is insufficient, the sheriff may commit the prisoner, who executed the same, to close confinement in such jail until other good and sufficient sureties shall be substituted.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.19 - Surrender of principal.

898.19
Surrender of principal.
The sureties in any such bond may surrender their principal at any time before judgment shall be rendered against them thereon by taking such principal and delivering the principal to the keeper of the jail, when upon the written requirement of such sureties the keeper of the jail shall endorse upon such bond an acknowledgment of the surrender of the principal and shall also, if required, give such sureties a certificate acknowledging such surrender; but such surrender shall not exonerate such sureties from any liability incurred by them previous to such surrender.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.20 - What is an escape.

898.20
What is an escape.
The going at large of any prisoner who shall have executed such bond or of any prisoner who would be entitled to the liberties of any jail, upon executing such bond, within the limits of the liberties of the jail of the county in which the prisoner shall be in custody, shall not be deemed an escape of such prisoner; but in case any such prisoner shall go at large without the jail liberties of such county, without the assent of the party at whose suit such prisoner shall be in custody, the same shall be deemed an escape and forfeiture of the bond so executed; and the sheriff in whose custody such prisoner shall have been shall have the same authority to pursue and retake such prisoner as if such escape had been made from the jail.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.21 - Escape of prisoners.

898.21
Escape of prisoners.
In case of the escape of any prisoner by reason of the insufficiency of the jail, whereby the sheriff or any other person shall be made liable to any party at whose suit such prisoner was committed or to whose use any forfeiture was adjudged against the prisoner, the county shall reimburse and pay all sums of money recovered of the sheriff or such other person by such party by reason of such escape.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.22 - Voluntary return.

898.22
Voluntary return.
In every suit brought by a sheriff on such bond the defendants may plead a voluntary return of the prisoner to the jail from which the prisoner escaped, or the liberties thereof, or the recapture of such prisoner by the sheriff from whose custody the prisoner escaped before the commencement of such suit, and may give evidence thereof in mitigation of the damages or judgment claimed, but upon such answer of a voluntary return judgment shall be rendered against the defendant in the action for $25 for each day or part of day such defendant was outside of such liberties, together with the costs of the action; and such defendants shall be entitled to make such or any other defense to such suit which might be made by such sheriff to an action against the sheriff for such escape.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.23 - Effect of judgment against sheriff.

898.23
Effect of judgment against sheriff.
But if an action shall have been brought against such sheriff for such escape and due notice thereof shall have been given to the prisoner and the prisoner's sureties, who executed such bond, the judgment against such sheriff shall be conclusive evidence of the sheriff's right to recover against such prisoner and the prisoner's sureties as to all matters which were or might have been controverted in the action against the sheriff.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.24 - Suit on bond.

898.24
Suit on bond.
In every suit brought by a sheriff on the bond if it appears to the court that judgment has been rendered against the sheriff for the escape of the prisoner and that due notice of the pendency of the action against the sheriff was given to the prisoner and his or her sureties, to enable them to defend the action, the court shall render judgment in the suit upon the bond after the summons is served, upon the complaint being filed and 20 days' notice of the application for the judgment has been given to the defendants in the action.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.25 - Defense by sureties.

898.25
Defense by sureties.
If it shall appear, on the hearing of such motion, that the defendants have any meritorious cause of defense, which was not controverted in the action against the sheriff and which by law could not have been so controverted, the court shall enter judgment as provided in s. 898.24 and suspend proceedings thereon until a trial in such action be had; but such judgment shall remain as a security for the sheriff. If such defense be established the court shall vacate such judgment and render judgment as in other cases.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.26 - Evidence; costs.

898.26
Evidence; costs.
In every action brought by a sheriff on such bond the recovery of a judgment against the sheriff for the escape of the prisoner shall be evidence of the damages sustained by the sheriff in the same manner as if such judgment had been collected; and such sheriff shall be entitled to recover the costs and the sheriff's reasonable expenses in defending the suit against the sheriff as part of the sheriff's damages.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.27 - Assignment of bond.

898.27
Assignment of bond.
If any bond given under s. 898.17 is forfeited, the party at whose suit the person executing the bond shall have been confined or, in case of his or her death, that party's personal representative, shall be entitled to an assignment of the bond, which shall be made by the sheriff taking the same or, in case of a vacancy in the sheriff's office, by the sheriff's undersheriff.
History:  1993 a. 486; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.28 - Suit on bond; damages.

898.28
Suit on bond; damages.
The party to whom such assignment shall have been made may maintain an action on such bond, as assignee of the sheriff taking the same, in the same cases in which such action might be maintained by such sheriff, and shall recover damages for breaches of the condition of such bond as follows:
(1)
If the prisoner escaping was confined by virtue of an execution or by virtue of an attachment for nonpayment of costs or of any sum of money ordered to be paid by a court or judge the measure of the plaintiff's damages shall be the amount directed to be levied by such execution or attachment, with interest thereon to the time of such recovery;
(2)
If the prisoner was confined by virtue of an order of arrest or writ of ne exeat, or upon a surrender by the prisoner's bail upon an order of arrest, made before or after judgment rendered against the prisoner, the plaintiff shall recover only the actual damages sustained by the plaintiff.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.30 - Defense in actions by assignee.

898.30
Defense in actions by assignee.
In every action brought by the assignee of such bond the defendants shall be entitled to plead a voluntary return of the prisoner to the liberties of the jail before the commencement of such action, in mitigation thereof, as provided in s. 898.22; and to make any defense which they would be entitled to make if such action had been brought in the name and for the benefit of the sheriff to whom such bond was executed.
2023 Wisconsin Statutes & Annotations › Chapter 898 - Persons in jail on civil process. › 898.31 - When suit against sheriff stayed.

898.31
When suit against sheriff stayed.
In case the party at whose suit any person shall have been confined to the liberties of a jail shall refuse or neglect to take an assignment of the bond executed by such person, as hereinbefore provided, and shall prosecute any sheriff for the escape of such person the court in which such action shall be pending shall, by order, stay all the proceedings upon the judgment against such sheriff until the sheriff shall have had a reasonable time to prosecute the bond taken by the sheriff and to collect the amount of any judgment the sheriff may recover thereon. But this section shall not authorize such stay of proceedings in any action where the judgment shall have been recovered against any sheriff for any escape committed with the assent, aid or assistance of such sheriff.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.01 - Scope.

901.01
Scope.
Chapters 901 to 911 govern proceedings in the courts of the state of Wisconsin except as provided in ss. 911.01 and 972.11.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R9 (1973).
Evidence: A collection of rules not in the statutes. Marion, WBB July, 1985.
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.02 - Purpose and construction.

901.02
Purpose and construction.
Chapters 901 to 911 shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R9 (1973); 1981 c. 390.
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.05 - Admissibility of certain test results.

901.05
Admissibility of certain test results.
(1)
In this section, “HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
(2)
Except as provided in sub. (3), the results of an HIV test, as defined in s. 252.01 (2m), are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:
(a)
The court may determine the admissibility of evidence under this section only upon a pretrial motion.
(b)
Evidence which is admissible under this section must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.
(3)
The results of a test or tests under s. 938.296 (4) or (5) or 968.38 (4) or (5) and the fact that a person has been ordered to submit to such a test or tests under s. 938.296 (4) or (5) or 968.38 (4) or (5) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.
History:  1987 a. 70; 1989 a. 201 ss. 34, 36; 1991 a. 269; 1993 a. 32; 1995 a. 77; 1999 a. 188; 2009 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.053 - Admissibility of evidence relating to use of protective headgear while operating certain motor vehicles.

901.053
Admissibility of evidence relating to use of protective headgear while operating certain motor vehicles.
Evidence of use or nonuse of protective headgear by a person, other than a person required to wear protective headgear under s. 23.33 (3g), 23.335 (8) (a) or (b), or 347.485 (1), who operates or is a passenger on a utility terrain vehicle, as defined in s. 23.33 (1) (ng), a motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, is not admissible in any civil action for personal injury or property damage. This section does not apply to the introduction of such evidence in a civil action against the manufacturer or producer of the protective headgear arising out of any alleged deficiency or defect in the design or manufacture of the protective headgear or, with respect to such use of protective headgear, in a civil action on the sole issue of whether the protective headgear contributed to the personal injury or property damage incurred by another person.
History:  2003 a. 148; 2011 a. 208; 2015 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.055 - Admissibility of results of dust testing for the presence of lead.

901.055
Admissibility of results of dust testing for the presence of lead.
The results of a test for the presence of lead in dust are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding unless the test was conducted by a person certified for this purpose by the department of health services.
History:  1999 a. 113; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.06 - Limited admissibility.

901.06
Limited admissibility.
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R21 (1973).
Admissibility for the purpose of establishing identity prevails over inadmissibility for another purpose. State v. Stawicki, 93 Wis. 2d 63, 286 N.W.2d 612 (Ct. App. 1979).
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.07 - Remainder of or related writings or statements.

901.07
Remainder of or related writings or statements.
When any part of a writing or statement, whether recorded or unrecorded, is introduced by a party, an adverse party may require the party at that time to introduce any other part or any other writing or statement which ought in fairness to be considered contemporaneously with it to provide context or prevent distortion.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R22 (1973); 1991 a. 32; Sup. Ct. Order No. 16-02A, 2017 WI 92, 378 Wis. 2d xiii.
NOTE:  Sup. Ct. Order No. 16-02A states that: “The Judicial Council Notes to Wis. Stats. §§ 901.07, 906.08, 906.09, and 906.16 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
Judicial Council Note, 2017:  This amendment is consistent with State v. Eugenio, 219 Wis. 2d 391, 410, 579 N.W.2d 642, 651 (1998), which acknowledged that the rule of completeness is applicable to oral testimony, and with  State v. Anderson, 230 Wis. 2d 121, 600 N.W.2d 913 (Ct. App. 1999), review denied, 230 Wis. 2d 275, 604 N.W.2d 573 (1999), which provided guidance on how, and when, to apply the rule of completeness.
“The rule of completeness, however, should not be viewed as an unbridled opportunity to open the door to otherwise inadmissible evidence. Under the rule of completeness the court has discretion to admit only those statements which are necessary to provide context and prevent distortion. The circuit court must closely scrutinize the proffered additional statements to avert abuse of the rule ... '[A]n out-of-court statement that is inconsistent with the declarant's trial testimony does not carry with it, like some evidentiary Trojan Horse, the entire regiment of other out-of-court statements that might have been made contemporaneously.'" Eugenio, 219 Wis. 2d at 412 (citations omitted).
The rule of completeness requires a statement, including otherwise inadmissible evidence, be admitted in its entirety when necessary to explain an admissible portion of a statement. The rule is not restricted to writings or recorded statements. State v. Sharp, 180 Wis. 2d 640, 511 N.W.2d 316 (Ct. App. 1993).
A party's use of an out-of-court statement to show an inconsistency does not automatically give the opposing party the right to introduce the whole statement. Under the rule of completeness, the court has discretion to admit only those statements necessary to provide context and prevent distortion. State v. Eugenio, 219 Wis. 2d 391, 579 N.W.2d 642 (1998), 96-1394.
This section applies to written and recorded statements. The rule of completeness for oral statements is encompassed within s. 906.11. State v. Eugenio, 219 Wis. 2d 391, 579 N.W.2d 642 (1998), 96-1394.
2023 Wisconsin Statutes & Annotations › Chapter 901 - Evidence — general provisions. › 901.08 - Admissibility of sexual conduct.

901.08
Admissibility of sexual conduct.
(1)
In this section:
(a)
“Sexual conduct" means any conduct or behavior relating to sexual activities, including prior experience of sexual intercourse or sexual contact, use of contraceptives, and sexual life-style.
(b)
“Sexual misconduct" includes a violation of s. 940.22 (2), 940.225 (1), (2), or (3), 940.32, 942.08, 942.09, 948.02, 948.025, 948.05 (1) or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.081, 948.09, 948.095, 948.10, or 948.11 (2) and includes sexual harassment, as defined in s. 111.32 (13).
(c)
“Victim" means a person against whom sexual misconduct allegedly has been committed.
(2)
In a civil action involving damages for an injury resulting from sexual misconduct, any evidence concerning a victim's sexual conduct, opinions of the victim's sexual conduct, and reputation as to the victim's sexual conduct, offered to prove that the victim engaged in other sexual conduct or to prove the victim's sexual predisposition may not be admitted into evidence during the course of any hearing or trial, nor may any reference to such sexual conduct be made in the presence of the jury, except the following:
(a)
Evidence of the specific, consensual sexual conduct between the alleged offender and the victim.
(b)
Evidence of specific instances of sexual conduct by the alleged victim after an in camera showing by the party requesting the admission that the sexual conduct was the actual cause of the victim's injury for which damages are requested in the action.
History:  2009 a. 138; 2017 a. 128.