Use in criminal cases and proceedings under chapters 48, 51, 55, 938, and 980

Wis. Stat. § 885.60 — under USE OF VIDEOCONFERENCING IN THE CIRCUIT COURTS.

Wis. Stat. § 885.60

885.60 are the pertinent statutes that govern a circuit court’s consideration of a defendant’s motion for remote testimony. State v. Atwater, 2021 WI App 16, 396 Wis. 2d 535, 958 N.W.2d 533, 19-1977. At the same time the Wisconsin Supreme Court promulgated this section, it included a comment that specifically describes the intent of sub. (2). Sub. (2) is intended to prevent interlocutory appeals of a circuit court’s decision granting or denying videoconferencing testimony. Sub. (2) allows a party to argue that the court erred when it granted or denied a motion for videoconferencing testimony—just as a party can argue that the court erred with regard to any other nonfinal decision leading up to a final decision that is appealable as a matter of right. State v. Atwater, 2021 WI App 16, 396 Wis. 2d 535, 958 N.W.2d 533, 19-1977.