reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.45 - Jury trials, practice.

879.45
Jury trials, practice.
(1)
Generally. Jury trials may be had in court in all cases in which a jury trial may be had of similar issues under s. 805.01 (1).
(2)
Demand. In all cases under sub. (1), any person having the right of appeal from the determination of the court may file with the court, within 10 days after notice that the matter is to be contested, a written demand for a jury trial.
(3)
Framing issues. Upon filing the demand and receipt, the court may order an issue to be framed by the parties within a fixed time, and the matter shall be placed upon the calendar.
(4)
Costs. In all jury cases costs shall be allowed as a matter of course to the prevailing party.
(5)
Selection of jurors. Jurors shall be selected under ch. 756 and trials by jury shall be under ch. 805.
(6)
Calendar. At the request of the court, the clerk shall prepare, in the order of their date of issue, a list of cases in which a trial by jury has been demanded. The list shall constitute a jury calendar. In case a continuance in any action upon the jury calendar is asked by any party, the court may grant the continuance and require payment of $10 motion fees.
(7)
Pretrial conference. The court may hold a pretrial conference under s. 802.10 (5).
History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 418 s. 929 (8m); 1977 c. 447 s. 210; 1977 c. 449; 1979 c. 32; 1981 c. 391; Sup. Ct. Order No. 95-04, 191 Wis. 2d xxi (1995); Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Neither the constitution, statutes, or common law affords the right to trial by jury in a will contest. Estate of Elvers, 48 Wis. 2d 17, 179 N.W.2d 881 (1970). See also In re Estate of Sharpley, 2002 WI App 201, 257 Wis. 2d. 152, 653 N.W.2d 124, 01-2167.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.47 - Papers, preparation and filing.

879.47
Papers, preparation and filing.
(1)
The attorney for any person desiring to file any paper in court is responsible for the preparation of the paper. Except as provided in sub. (2), all papers shall be legibly written on substantial paper and shall state the title of the proceeding in which they are filed and the character of the paper. Either uniform forms or computer-generated forms, if the forms exactly recreate the original forms in wording, format and substance, shall be used. If papers are not so written or if uniform forms or computer-generated forms that exactly recreate the original forms in wording, format and substance are not used, the court may refuse to receive and file them. The court shall show on all papers the date of their filing.
(2)
Trustees and cotrustees may submit to courts accounts in the format that they normally use for accounts submitted to beneficiaries under this subsection, if all of the information required by the court is included.
History:  1977 c. 449; 1987 a. 220; 1993 a. 130; 2013 a. 92 ss. 199, 342.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.49 - Papers, withdrawal.

879.49
Papers, withdrawal.
No paper filed in any matter may be withdrawn without leave of the court or the judge, and when a paper is withdrawn a copy thereof, attested by the judge or register in probate, shall, if required, be left in its place.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.53 - Hearings set for a day certain.

879.53
Hearings set for a day certain.
All matters in court requiring notice of hearing shall be set for hearing on a day certain, and shall be heard on the day set or as soon thereafter as counsel may be heard.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.55 - Correction of clerical errors in court records.

879.55
Correction of clerical errors in court records.
Upon verified petition to a court by any person interested or his or her successor in title praying that clerical errors in its records be corrected as specified in the petition, the court shall order a hearing thereon. The hearing shall be held without notice or upon such notice as the court requires. If the court requires notice, it shall be given to those persons interested who will be affected by the change in the records. If on hearing the court finds its record incorrect as a result of clerical error, it shall make its record conform to the truth. The corrected record shall be as valid and binding as though correctly made and entered at the proper time.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.57 - Special administrator; personal representative, guardian.

879.57
Special administrator; personal representative, guardian.
If it is found by the court to be necessary to appoint a personal representative or guardian and there appears to be no person in the state to petition for the appointment or there appears to be no suitable person to be so appointed, the court shall, upon its own motion or upon the petition of any interested party, grant administration of an estate of a decedent or guardianship of the estate of a minor or individual who is adjudicated incompetent to the interested party or a special administrator, and he or she shall thereupon take possession of the estate and protect and preserve it, and proceed with the administration and with the care and management of the estate. The authority of a special administrator in the administration or guardianship may be revoked at any time upon the appointment and qualification of a personal representative or guardian, or when for any other cause the court deems it just or expedient. Revocation of authority does not invalidate the special administrator's acts performed prior to revocation and does not impair the special administrator's rights to receive from the estate his or her legal charges and disbursements, to be determined by the court.
History:  1973 c. 90; 1977 c. 449; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.61 - Discovery proceedings.

879.61
Discovery proceedings.
Any personal representative or any person interested who suspects that any other person has concealed, stolen, conveyed or disposed of property of the estate; or is indebted to the decedent; possesses, controls or has knowledge of concealed property of the decedent; possesses, controls or has knowledge of writings which contain evidence of or tend to disclose the right, title, interest or claim of the decedent to any property; or possesses, controls or has knowledge of any will of the decedent, may file a petition in the court so stating. The court upon, such notice as it directs, may order the other person to appear before the court or a circuit court commissioner for disclosure, may subpoena witnesses and compel the production of evidence, and may make any order in relation to the matter as is just and proper.
History:  1977 c. 449; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.63 - Action by person interested to secure property for estate.

879.63
Action by person interested to secure property for estate.
Whenever there is reason to believe that the estate of a decedent as set forth in the inventory does not include property which should be included in the estate, and the personal representative has failed to secure the property or to bring an action to secure the property, any person interested may, on behalf of the estate, bring an action in the court in which the estate is being administered to reach the property and make it a part of the estate. If the action is successful, the person interested shall be reimbursed from the estate for the reasonable expenses and attorney fee incurred by the person in the action as approved by the court but not in excess of the value of the property secured for the estate.
History:  1993 a. 486.
Bringing an action under this section is not the exclusive remedy of a party challenging an omission from an inventory. In Matter of Estate of Ruediger, 83 Wis. 2d 109, 264 N.W.2d 604 (1978).
Deferred marital property under s. 861.02 (1) is property subject to administration for all purposes including the payment of claims under s. 879.63. In Matter of Estate of Moccero, 168 Wis. 2d 313, 483 N.W.2d 310 (Ct. App. 1992).
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.67 - Out-of-state service on personal representative.

879.67
Out-of-state service on personal representative.
If it is necessary to serve upon a personal representative any order, notice or process of the court, and service cannot be made in this state, service may be made under s. 801.11 (1) for the service of summons.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.69 - Court must rule on petition.

879.69
Court must rule on petition.
When the personal representative petitions for a ruling or order in regard to any matter connected with the administration of the estate, the court, after hearing on notice under s. 879.03 shall make a ruling or grant or deny the petition by order.
2023 Wisconsin Statutes & Annotations › Chapter 881 - Trust fund investments. › 881.016 - Employees and agents of a fiduciary.

881.016
Employees and agents of a fiduciary.
Unless prohibited by the terms of the instrument governing a fiduciary relationship, a fiduciary may employ attorneys, accountants, investment advisers, agents or other persons, even if they are associated with the fiduciary, to advise or assist the fiduciary in the performance of the fiduciary's duties. The fiduciary may act without independent investigation upon their recommendations or, instead of acting directly, employ one or more agents to perform any act of administration, whether or not discretionary. If the terms of the governing instrument do not address the authority of the fiduciary to delegate the fiduciary's duties, all of the following apply:
(1)
The fiduciary may delegate some, but not all, of the fiduciary's duties to an agent.
(2)
The employment of an agent by the fiduciary does not relieve the fiduciary of liability for acts of the agent that, if done by the fiduciary, would result in the liability of the fiduciary.
(3)
The employment of an agent by a fiduciary does not relieve the fiduciary of the fiduciary's duty to use reasonable care in selecting and retaining the agent.
History:  1995 a. 273.
2023 Wisconsin Statutes & Annotations › Chapter 881 - Trust fund investments. › 881.02 - Construction; court orders; written instruments.

881.02
Construction; court orders; written instruments.
Nothing contained in this chapter shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order, or other instrument creating or defining the fiduciary's duties and powers.
History:  1971 c. 41 ss. 8, 12; Stats. 1971 s. 881.02; 1995 a. 273; 2003 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 881 - Trust fund investments. › 881.03 - Jurisdiction of court.

881.03
Jurisdiction of court.
Nothing contained in this chapter shall be construed to affect the power or jurisdiction of any court of the state of Wisconsin in respect to trusts and trustees, nor as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.
History:  1971 c. 41 s. 8; Stats. 1971 s. 881.03.
2023 Wisconsin Statutes & Annotations › Chapter 881 - Trust fund investments. › 881.04 - Investments under prior laws not affected.

881.04
Investments under prior laws not affected.
Nothing contained in this chapter shall affect any investment made prior to the enactment hereof or any amendment hereof or affect any rights or interests established, accrued or created thereunder or affect any suit or action pending when this chapter or any amendment hereof becomes effective.
History:  1971 c. 41 s. 8; Stats. 1971 s. 881.04.
2023 Wisconsin Statutes & Annotations › Chapter 881 - Trust fund investments. › 881.06 - Law governing existing instruments.

881.06
Law governing existing instruments.
Subject to s. 881.01 (12), this chapter shall govern fiduciaries, including personal representatives, guardians of the estate, conservators, and trustees acting under wills, agreements, court orders, and other instruments now existing or hereafter made.
History:  1971 c. 41 s. 8; Stats. 1971 s. 881.06; 1975 c. 200; 2003 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 882 - Adoption of adults. › 882.02 - Consent.

882.02
Consent.
The consent of the adult to be adopted and the consent of the spouse of the petitioner, if that spouse has not joined in the petition under s. 882.01, shall be filed in writing with the court.
History:  1971 c. 41 ss. 8, 12; Stats. 1971 s. 882.02.
2023 Wisconsin Statutes & Annotations › Chapter 882 - Adoption of adults. › 882.03 - Jurisdiction and venue.

882.03
Jurisdiction and venue.
The circuit court shall have jurisdiction to order an adoption. The petition shall be filed in the county where the petitioner resides.
History:  1971 c. 41 s. 8; Stats. 1971 s. 882.03; 1977 c. 449 s. 497.
2023 Wisconsin Statutes & Annotations › Chapter 882 - Adoption of adults. › 882.04 - Hearing and order.

882.04
Hearing and order.
After a hearing on the petition, which may be held in chambers and which shall be attended by the petitioner and the adult to be adopted, unless the court orders otherwise, and after such investigation as the court considers advisable, if the court finds that it is to the best interests of the persons involved, an order of adoption may be granted which shall have the same legal consequences as an order of adoption of a minor under ch. 48.
History:  1971 c. 41 s. 8; Stats. 1971 s. 882.04.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.01 - Subpoenas, who may issue.

885.01
Subpoenas, who may issue.
The subpoena need not be sealed, and may be signed and issued as follows:
(1)
By any judge or clerk of a court or court commissioner or municipal judge, within the territory in which the officer or the court of which he or she is the officer has jurisdiction, to require the attendance of witnesses and their production of lawful instruments of evidence in any action, matter or proceeding pending or to be examined into before any court, magistrate, officer, arbitrator, board, committee or other person authorized to take testimony in the state.
(2)
By the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, in any court or before any magistrate and from any part of the state.
(3)
By the chairperson of any committee of any county board, town board, common council or village board to investigate the affairs of the county, town, city or village, or the official conduct or affairs of any officer thereof.
(4)
By any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee or other person authorized to take testimony, or by any member of a board, commission, authority or committee which is authorized to take testimony, within their jurisdictions, to require the attendance of witnesses, and their production of documentary evidence before them, respectively, in any matter, proceeding or examination authorized by law; and likewise by the secretary of revenue and by any agent of the department of agriculture, trade and consumer protection.
(5)
By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.
History:  1971 c. 164; 1973 c. 272, 305, 336; 1977 c. 29 s. 1650m (4); 1977 c. 305; 1979 c. 34; 1989 a. 56; 1993 a. 486; 1997 a. 191; 2007 a. 20.
Cross-reference:  See s. 805.07 concerning issuance of subpoenas by attorneys of record.
A taxpayer subpoenaed by the Department of Revenue has limited discovery rights. State v. Beno, 99 Wis. 2d 77, 298 N.W.2d 405 (Ct. App. 1980).
A school board may issue a subpoena to compel the attendance of a witness at an expulsion hearing. Racine Unified School District v. Thompson, 107 Wis. 2d 657, 321 N.W.2d 334 (Ct. App. 1982).
A John Doe judge has exclusive authority to subpoena witnesses in a John Doe proceeding based upon the language of s. 968.26. State ex rel. Hipp v. Murray, 2008 WI 67, 310 Wis. 2d 342, 750 N.W.2d 873, 07-0230.
A subpoenaed witness must attend a continued or postponed hearing and remain in attendance until excused. 68 Atty. Gen. 251.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.02 - Form of subpoena.

885.02
Form of subpoena.
(1)
The subpoena may be in the following form:
Subpoena
State of Wisconsin
.... County
The State of Wisconsin, To ....:
You are hereby required to appear before .... (designating the court, officer or person and place of appearance), on the .... day of ...., at .... o'clock in the .... noon of that day, to give evidence in a certain cause then and there to be tried between ...., plaintiff, and ...., defendant, on the part of the .... (or to give evidence in the matter [state sufficient to identify the matter or proceeding in which the evidence is to be given] then and there to be heard, on the part of ....). Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions.
Given under my hand this .... day of ...., .... (year)
....(Give official title)
(2)
For a subpoena requiring the production of materials, the following or its equivalent may be added to the foregoing form (immediately before the attestation clause): and you are further required to bring with you the following papers and documents (describing them as accurately as possible).
History:  1977 c. 305; 1979 c. 110; 1985 a. 332; 1987 a. 155; 1997 a. 250.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.03 - Service of subpoena.

885.03
Service of subpoena.
Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.
History:  1993 a. 486.
Section 972.11 (1) points in two different directions. The rules of civil procedure are applicable generally to criminal proceedings and the application of the rules of civil procedure mandates reasonable diligence for substituted service of a subpoena. On the other hand, this chapter is to apply in all criminal proceedings and this section sets forth three manners for service of a subpoena that do not include the reasonable diligence mandate. Because s. 972.11 (1) explicitly references it, this chapter is the more specific textual provision. Thus, service of a witness subpoena in a criminal proceeding is controlled by this section, which provides only that “any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode." State v. Wilson, 2017 WI 63, 376 Wis. 2d 92, 896 N.W.2d 682, 15-0671.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.04 - Municipal judge; subpoena served in state.

885.04
Municipal judge; subpoena served in state.
A subpoena to require attendance before a municipal judge may be served anywhere in the state if authorized by the municipal judge and shall require the attendance of any witness so served. A subpoena to require the attendance of the defendant, whether the defendant is within or without the state, may be served by mailing it to the defendant at the address on file with the court.
History:  1977 c. 305; 2019 a. 70; 2021 a. 240 s. 30.
Former s. 885.04, 2017 stats., does not authorize a municipal court to subpoena persons outside of the state; thus the court in this case could not order an out of state defendant to appear in person. There is no inherent authority in the court authorizing such an order. City of Sun Prairie v. Davis, 226 Wis. 2d 738, 595 N.W.2d 635 (1999), 97-1651.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.06 - Witness' fees, prepayment.

885.06
Witness' fees, prepayment.
(1)
Except when subpoenaed on behalf of the state, of a municipality in a forfeiture action, or of an indigent respondent in a paternity proceeding, no person is required to attend as a witness in any civil action, matter or proceeding unless witness fees are paid or tendered, in cash or by check, share draft or other draft, to the person for one day's attendance and for travel.
(2)
No witness on behalf of the state in any civil action, matter or proceeding, on behalf of either party in any criminal action or proceeding, on behalf of a municipality in a forfeiture action or on behalf of an indigent respondent in a paternity proceeding shall be entitled to any fee in advance, but shall be obliged to attend upon the service of a subpoena as therein lawfully required.
History:  1983 a. 368, 447, 538; 1987 a. 201.
A “witness on behalf of the state" is one who is expected to provide relevant testimony or evidence for the state. The witness may be hostile to the state. State v. Kielisch, 123 Wis. 2d 125, 365 N.W.2d 904 (Ct. App. 1985).
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.07 - State witnesses in civil actions and municipal witnesses in forfeiture actions, how paid.

885.07
State witnesses in civil actions and municipal witnesses in forfeiture actions, how paid.
Every witness on behalf of the state in any civil action or proceeding may file with the clerk of the court where the same is pending the witness's affidavit of attendance and travel, and the witness's fees shall, upon the certificate of such clerk, countersigned by the attorney general, district attorney, or acting state's attorney, be paid out of the state treasury, and shall be charged to the legal expense appropriation to the attorney general. In forfeiture actions by municipalities the clerk shall tax witness fees; however witness fees for police officers of any such municipality when collected shall be paid by the clerk to the treasurer of the municipality.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.08 - State witnesses in criminal cases, how paid.

885.08
State witnesses in criminal cases, how paid.
The fees of witnesses on the part of the state in every criminal action or proceeding, and of every person who is committed to jail in default of security for the person's appearance as a witness, shall be paid by the county in which the action or proceeding is had. The clerk of the court upon proof of the witness's or committed person's attendance, travel or confinement shall give each such witness or person a certificate of the number of days' attendance or confinement, the number of miles traveled, and the amount of compensation due the witness or committed person, which certificate shall be receipted for by such witness or person, and the county treasurer shall pay the amount thereof on surrender of the certificate.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.09 - Compensation of nonresident or indigent witness.

885.09
Compensation of nonresident or indigent witness.
If a witness attends a court of record in behalf of the state and it appears that the witness came from outside this state or is indigent, the court may order that the witness be paid a specific reasonable sum for expenses and attendance, in lieu of fees. The clerk shall give a certificate for the sum, with a copy of the order affixed, and the certificate shall be paid as other court certificates are paid.
History:  1987 a. 403.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.10 - Witness for indigent respondent or defendant.

885.10
Witness for indigent respondent or defendant.
Upon satisfactory proof of the financial inability of the respondent or defendant to procure the attendance of witnesses for his or her defense, the judge or supplemental court commissioner, in any paternity proceeding or criminal action or proceeding, or in any other case in which the respondent or defendant is represented by the state public defender or by assigned counsel under s. 977.08, to be tried or heard before him or her, may direct the witnesses to be subpoenaed as he or she determines is proper and necessary, upon the respondent's or defendant's oath or affidavit or that of the respondent's or defendant's attorney. Witnesses so subpoenaed shall be paid their fees in the manner that witnesses for the state therein are paid. Determination of indigency under s. 977.07 is proof of the respondent's or defendant's financial inability to procure the attendance of witnesses for his or her defense.
History:  1977 c. 305; 1983 a. 377, 447, 538; 1985 a. 135; 2001 a. 61; 2017 a. 359.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.11 - Disobedient witness.

885.11
Disobedient witness.
(1)
Damages recoverable. If any person obliged to attend as a witness shall fail to do so without any reasonable excuse, the person shall be liable to the aggrieved party for all damages occasioned by such failure, to be recovered in an action.
(2)
Attendance compelled. Every court, in case of unexcused failure to appear before it, may issue an attachment to bring such witness before it for the contempt, and also to testify.
(3)
Punishment in courts. Inexcusable failure to attend any court of record is a contempt of the court, punishable by a fine not exceeding $200.
(4)
Same. Unexcused failure to attend a court not of record shall be a contempt, and the witness shall be fined all the costs of the witness's apprehension, unless the witness shall show reasonable cause for his or her failure; in which case the party procuring the witness to be apprehended shall pay said costs.
(5)
Striking out pleading. If any party to an action or proceeding shall unlawfully refuse or neglect to appear or testify or depose therein, either within or without the state, the court may, also, strike out the party's pleading, and give judgment against the party as upon default or failure of proof.
History:  1987 a. 155; 1993 a. 486.
Cross-reference:  See also s. 804.12 (4) regarding failure to appear at deposition.
Sub. (5) is broad enough to include the failure to produce documents at a discovery examination, but a party cannot delay seven years before making the motion to strike the pleading. “Unlawfully" means without legal excuse, which must be determined at a hearing. Gipson Lumber Co. v. Schickling, 56 Wis. 2d 164, 201 N.W.2d 500 (1972).
The trial court did not abuse its discretion in dismissing a plaintiff's complaint for failure to comply with a discovery order. Furrenes v. Ford Motor Co., 79 Wis. 2d 260, 255 N.W.2d 511 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.12 - Coercing witnesses before officers and boards.

885.12
Coercing witnesses before officers and boards.
If any person, without reasonable excuse, fails to attend as a witness, or to testify as lawfully required before any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee, or other officer or person authorized to take testimony, or to produce a book or paper which the person was lawfully directed to bring, or to subscribe the person's deposition when correctly reduced to writing, any judge of a court of record or a circuit court commissioner in the county where the person was obliged to attend may, upon sworn proof of the facts, issue an attachment for the person, and unless the person shall purge the contempt and go and testify or do such other act as required by law, may commit the person to close confinement in the county jail until the person shall so testify or do such act, or be discharged according to law. The sheriff of the county shall execute the commitment.
History:  1973 c. 272; 1993 a. 486; 2001 a. 61.
Cross-reference:  See s. 785.06.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.15 - Immunity.

885.15
Immunity.
(1)
No person may be excused from attending, testifying or producing books, papers, and documents before any court in a prosecution under s. 134.05 on the ground or for the reason that the testimony or evidence required of him or her may tend to incriminate him or her, or to subject him or her to a penalty or forfeiture. No person who testifies or produces evidence in obedience to the command of the court in the prosecution may be liable to any suit or prosecution, civil or criminal, for or on account of testifying or producing evidence; provided, that no person may be exempted from prosecution and punishment for perjury committed in so testifying.
(2)
The immunity provided under sub. (1) is subject to the restrictions under s. 972.085.
History:  1989 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.205 - Privileged communications.

885.205
Privileged communications.
No dean of men, dean of women or dean of students at any institution of higher education in this state, or any school psychologist at any school in this state, shall be allowed to disclose communications made to such dean or psychologist or advice given by such dean or psychologist in the course of counseling a student, or in the course of investigating the conduct of a student enrolled at such university or school, except:
(1)
This prohibition may be waived by the student.
(2)
This prohibition does not include communications which such dean needs to divulge for the dean's own protection, or the protection of those with whom the dean deals, or which were made to the dean for the express purpose of being communicated to another, or of being made public.
(3)
This prohibition does not extend to a criminal case when such dean has been regularly subpoenaed to testify.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.23 - Genetic tests in civil actions.

885.23
Genetic tests in civil actions.
Whenever it is relevant in a civil action to determine the parentage or identity of any child, person or corpse, the court, by order, shall direct any party to the action and any person involved in the controversy to submit to one or more genetic tests as provided in s. 767.84. The results of the tests shall be receivable as evidence in any case where exclusion from parentage is established or where a probability of parentage is shown to exist. Whenever the court orders the genetic tests and one of the parties refuses to submit to the tests that fact shall be disclosed upon trial.
History:  1979 c. 352; 1995 a. 100; 2005 a. 443 s. 265.
Section 767.80 (1) does not permit a man alleging he is the father to bring a paternity action for the sole purpose of establishing paternity of a stillborn so that he may bring a wrongful death action. The proper vehicle for determining parentage is a motion by the father under this section for a determination of parentage within the pending wrongful death action. Shannon E.T. v. Alicia M.V.M., 2007 WI 29, 299 Wis. 2d 601, 728 N.W.2d 636, 05-0077.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.237 - Presumptions as to operation and registration of motor vehicle.

885.237
Presumptions as to operation and registration of motor vehicle.
(1)
The fact that a motor vehicle is located on a highway, as defined in s. 340.01 (22), is prima facie evidence, for purposes of ch. 341, that the motor vehicle has been operated on a highway by the owner.
(2)
Notwithstanding s. 341.04, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle. This subsection does not apply to violations of ordinances enacted under s. 341.65, but this subsection does apply to violations of ordinances enacted under s. 341.65, 2003 stats.
History:  1991 a. 233; 1997 a. 27; 1999 a. 80; 2005 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.24 - Actions for public moneys, immunity.

885.24
Actions for public moneys, immunity.
(1)
No witness or party in an action brought upon the bond of a public officer, or in an action by the state or any municipality to recover public money received by or deposited with the defendant, or in any action, proceeding or examination, instituted by or in behalf of the state or any municipality, involving the official conduct of any officer thereof, may be excused from testifying on the ground that his or her testimony may expose him or her to prosecution for any crime or forfeiture. No person may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or producing evidence, documentary or otherwise, in the action, proceeding or examination, except a prosecution for perjury committed in giving the testimony.
(2)
The immunity provided under sub. (1) is subject to the restrictions under s. 972.085.
History:  1989 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.25 - State actions vs. corporations or limited liability companies.

885.25
State actions vs. corporations or limited liability companies.
(1)
No corporation or limited liability company shall be excused from producing books, papers, tariffs, contracts, agreements, records, files or documents, in its possession, or under its control, in obedience to the subpoena of any court or officer authorized to issue subpoenas, in any civil action which is now or hereafter may be pending, brought by the state against it to recover license fees, taxes, penalties or forfeitures, or to enforce forfeitures, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of it, may subject it to a penalty or forfeiture, or be excused from making a true answer under oath, by and through its properly authorized officer or agent, when required by law to make such answer to any pleading in any such civil action upon any such ground or for such reason.
(2)
No officer, clerk, agent, employee or servant of any corporation or limited liability company in any such action may be excused from attending or testifying or from producing books, papers, tariffs, contracts, agreements, records, files or documents, in his or her possession or under his or her control, in obedience to the subpoena of any court in which any such civil action is pending or before any officer or court empowered or authorized to take deposition or testimony in any such action, in obedience to the subpoena of the officer or court, or of any officer or court empowered to issue a subpoena in that behalf, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her, may tend to incriminate him or her or subject him or her to a penalty or a forfeiture, but no such officer, clerk, agent, employee or servant shall be prosecuted, or subjected to any penalty or forfeiture, for or on account of testifying or producing evidence, documentary or otherwise, before the court or officer, or any court or officer empowered to issue subpoena in that behalf, or in any such case or proceeding except a prosecution for perjury or false swearing in giving the testimony.
(2m)
The immunity provided under sub. (2) is subject to the restrictions under s. 972.085.
(3)
In case of the failure or neglect of any corporation or limited liability company, or of any such officer, clerk, agent, employee or servant, to produce any such book, paper, tariff, contract, agreement, record, file or document, secondary evidence of the contents of any or either of the same may be given, and such secondary evidence shall be of the same force and effect as the original.
History:  1989 a. 122; 1993 a. 112.
Since the immunity that attaches under sub. (2) or s. 77.61 (12) is merely coextensive with a defendant's rights against self-incrimination, which does not attach to the records of a corporation, a defendant's claim of immunity for delivering corporate records has no merit. State v. Alioto, 64 Wis. 2d 354, 219 N.W.2d 585 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.285 - Settlement and advance payment of claim for damages.

885.285
Settlement and advance payment of claim for damages.
(1)
No admission of liability shall be inferred from the following:
(a)
A settlement with or any payment made to an injured person, or to another on behalf of any injured person, or any person entitled to recover damages on account of injury or death of such person; or
(b)
A settlement with or any payment made to a person or on the person's behalf to another for injury to or destruction of property.
(2)
Any settlement or payment under sub. (1) is not admissible in any legal action unless pleaded as a defense.
(3)
Any settlement or advance payment under sub. (1) shall be credited against any final settlement or judgment between the parties. Upon motion to the court in the absence of the jury and on submission of proper proof prior to entry of judgment on a verdict, the court shall apply the provisions of s. 895.045 and then shall reduce the amount of the damages so determined by the amount of the payments made. Any rights of contribution between joint tort-feasors shall be determined on the amount of the verdict prior to reduction because of a settlement or advance payment.
(4)
The period fixed for the limitation for the commencement of actions shall be as provided by s. 893.12.
History:  1975 c. 327, 421; 1979 c. 323.
A property payment under sub. (1) extends the limitation under s. 893.12, but only if made within the three-year limit of s. 893.54 (1). Abraham v. Milwaukee Mutual Insurance Co., 115 Wis. 2d 678, 341 N.W.2d 414 (Ct. App. 1983).
To be a payment under this section that will toll or extend the statute of limitations, the payment must be related to fault or liability. Gurney v. Heritage Mutual Insurance Co., 188 Wis. 2d 68, 523 N.W.2d 193 (Ct. App. 1994).
The waiver by the defendant medical provider in a medical malpractice action of the copayment portion of the amount due for the plaintiff's medical treatment did not constitute a payment under this section or s. 893.12. Young v. Aurora Medical Center of Washington County, Inc., 2004 WI App 71, 272 Wis. 2d 300, 679 N.W.2d 549, 03-0224.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.365 - Recorded telephone conversation.

885.365
Recorded telephone conversation.
(1)
Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 to 968.37.
(2)
Subsection (1) shall not apply where:
(a)
Such recording is made in a manner other than by interception and the person whose conversation is being recorded is informed at that time that the conversation is being recorded and that any evidence thereby obtained may be used in a court of law; or such recording is made through a recorder connector provided by the telecommunications utility as defined in s. 196.01 (10) or a telecommunications carrier as defined in s. 196.01 (8m) in accordance with its tariffs and which automatically produces a distinctive recorder tone that is repeated at intervals of approximately 15 seconds;
(b)
The recording is made by a telecommunications utility as defined in s. 196.01 (10), a telecommunications carrier as defined in s. 196.01 (8m) or its officers or employees for the purpose of or incident to the construction, maintenance, conduct or operation of the services and facilities of such public utilities, or to the normal use by such public utilities of the services and facilities furnished to the public by such public utility; or
(c)
The recording is made by a fire department or law enforcement agency to determine violations of, and in the enforcement of, s. 941.13.
History:  1971 c. 40 s. 93; 1977 c. 173 s. 168; 1985 a. 297; 1987 a. 399; 1993 a. 496.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.40 - Applicability.

885.40
Applicability.
Sections 885.40 to 885.47 apply to all trial courts of record in this state in the receipt and utilization of testimony and other evidence recorded on videotape and to the review of cases on appeal where the record on appeal contains testimony or other evidence recorded on videotape. These sections are not intended to preclude or limit the presentation of evidence by other technical procedures.
History:  Sup. Ct. Order, 67 Wis. 2d vii (1975).
Judicial Council Committee's Note, 1975: The contents of these rules are not meant to exclude present practice whereby movies and photographs are introduced into evidence in appropriate situations. [Re Order effective Jan. 1, 1976]
Sections 885.40 to 885.47 did not apply to police videotape of a drunk driver. State v. Haefer, 110 Wis. 2d 381, 328 N.W.2d 894 (Ct. App. 1982).
Legal Applications of Videotape. Benowitz. WBB June 1974.
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.41 - Definitions.

885.41
Definitions.
(1)
Videotaping. Videotaping is a visual or simultaneous audiovisual electronic recording.
(2)
Operator. Operator means a person trained to operate video equipment and may be an official qualified under s. 804.03.
History:  Sup. Ct. Order, 67 Wis. 2d vii (1975); 1987 a. 403.
Judicial Council Committee's Note, 1975: The definition of videotaping recognizes that videotaping can be used for visual purposes with no audio recording present. The definition of operator recognizes that an operator of videotape equipment could be the same individual before whom depositions can presently be taken as authorized by s. 804.03. [Re Order effective Jan. 1, 1976]
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.42 - When available.

885.42
When available.
(1)
Depositions. Any deposition may be recorded by audiovisual videotape without a stenographic transcript. Any party to the action may arrange at the party's expense to have a simultaneous stenographic record made. Except as provided by ss. 885.40 to 885.47, ch. 804 governing the practice and procedure in depositions and discovery shall apply.
(2)
Other evidence. Such other evidence as is appropriate may be recorded by videotape and be presented at a trial. The court may direct a party or the court reporter to prepare a transcript of an audio or audiovisual recording presented under this subsection in accordance with SCR 71.01 (2) (e).
(3)
Entire trial testimony and evidence. All trial proceedings, including evidence in its entirety, may be presented at a trial by videotape upon the approval of all parties and the trial judge. In determining whether to approve a videotape trial, the trial judge, after consultation with counsel, shall consider the cost involved, the nature of the action, and the nature and amount of testimony. The trial judge shall fix a date prior to the date of trial when all recorded testimony must be filed with the clerk of court.
(4)
Trial record. At trial, videotape depositions shall be reported unless accompanied with a certified transcript submitted in accordance with SCR 71.01 (2) (d).
History:  Sup. Ct. Order, 67 Wis. 2d 585, xii (1975); 1975 c. 218; 1987 a. 403; Sup. Ct. Order No. 10-06, 2010 WI 128, 329 Wis. 2d xxvii.
Judicial Council Committee's Note, 1975: Sub. (1). The definition of depositions is meant to include adverse examinations prior to trial.
Sub. (2). This subsection anticipates that certain other evidence, such as the scene of an accident or the lifestyle of an accident victim, may be presented at trial by means of videotape. This provision would also allow the majority of a trial to be conducted by means of videotape.
Sub. (3). This subsection would authorize an entire videotape trial in Wisconsin. Such a trial could only occur upon the approval of all parties and the presiding judge. Appropriate safeguards are included to ensure that this provision would be used only when clearly appropriate. Procedure for a videotape trial is subject to agreement among the parties and the court.
Sub. (4). This subsection establishes that matters presented by videotape at trial are made a part of the trial record in anticipation of a possible appeal. [Re Order effective Jan. 1, 1976]
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.43 - Notice of videotape deposition.

885.43
Notice of videotape deposition.
Every notice for the taking of a videotape deposition and subpoena for attendance at such deposition shall state that the deposition is to be visually recorded and preserved pursuant to the provisions of ss. 885.44 and 885.46.
History:  Sup. Ct. Order, 67 Wis. 2d 585, xii (1975); Sup. Ct. Order, 141 Wis. 2d xxxv (1987).
Judicial Council Committee's Note, 1975: This provision recognizes that there should be adequate notice that a deposition by videotape is to be taken. The section requires that the notice make reference to the provisions on filing and preserving of videotape depositions. [Re Order effective Jan. 1, 1976]
Judicial Council Note, 1988: Videotape depositions are no longer required to be filed in court. [Re Order effective Jan. 1, 1988]
2023 Wisconsin Statutes & Annotations › Chapter 885 - Witnesses and oral testimony. › 885.45 - Videotape costs; depositions and trials.

885.45
Videotape costs; depositions and trials.
(1)
The expense of videotape as a material shall be borne by the proponent.
(2)
The reasonable expense of recording testimony on videotape shall be costs in the action.
(3)
The expense of playing the videotape recording at trial shall be borne by the proponent of the testimony. If the proponent is entitled to costs, the expense under this subsection shall be costs in the action, not to exceed for each witness or expert witness the maximum allowable cost for witness fees under ss. 814.04 (2) and 814.67 (1) (b) and (c).
(4)
The expense of an audio reproduction of the videotape recording sound track used by the court in ruling on objections shall be costs in the action.
(5)
The expense of playing the videotape recording for the purpose of ruling upon objections shall be borne by one or more parties as apportioned by the court in an equitable manner. If the party bearing the expense is entitled to costs, the expense under this subsection shall be costs in the action in an amount determined by the court.
(6)
The expense of producing the edited version of the videotape recording shall be costs in the action, provided that the expense of the videotape, as a material, shall be borne by the proponent of the testimony.
(7)
The expense of a copy of the videotape recording and the expense of an audiotape recording of the videotape sound track shall be borne by the party requesting the copy.
History:  Sup. Ct. Order, 67 Wis. 2d vii (1975); 1983 a. 256.
Judicial Council Committee's Note, 1975: This provision sets out the application of costs in the use of videotape procedure. Costs are allocated in an equitable manner between the proponent and the court or are considered costs in the action. [Re Order effective Jan. 1, 1976]