Chapter 885, WITNESSES AND ORAL TESTIMONY

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 j…

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 ..…

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. …

885.035 Service of subpoena to a law enforcement officer or public officer or employee. (1) In this section: (a) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). (b) “Public officer” and “public employee” have the meaning given in s. 939.22 (30). (c) “Tribal …

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 …

885.05 Witness and interpreter fees. The fees of witnesses and interpreters are prescribed in s. 814.67. History: 1981 c. 317.

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 wit…

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,…

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 …

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 a…

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 crimi…

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) ATT…

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 office…

885.14 Disclosure of information and sources by news person. (1) DEFINITION. In this section, “news person” means any of the following: (a) Any business or organization that, by means of print, broadcast, photographic, mechanical, electronic, or other medium, disseminates on a re…

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 o…

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 advi…

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 ge…

885.235 Chemical tests for intoxication. (1) In this section: (a) “Alcohol concentration” means the number of grams of alcohol in 100 milliliters of a person’s blood or the number of grams of alcohol in 210 liters of a person’s breath. (b) “Controlled substance” has the meaning s…

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. (…

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 examin…

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 …

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 damage…

885.335 Actions concerning real estate abutting Great Lakes water. (1) No claim or counterclaim may be made in an action relating to the possession or title of any real estate if the claim or counterclaim is based on an assertion that the property includes portions of land that m…

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 sta…

885.37 Interpreters in municipal courts and administrative agency contested cases. (1) If a municipal court has notice that a person who is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inabili…

885.38 Interpreters in circuit and appellate courts. (1) In this section: (a) “Court proceeding” means any proceeding before a court of record. (b) “Limited English proficiency” means any of the following: 1. The inability, because of the use of a language other than English, to …

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 evide…

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)…

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 885.4…

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. …

885.44 Videotape deposition procedure. (1) OFFICIAL. Videotape depositions may be taken by persons authorized by s. 804.03. (2) REQUIRED INFORMATION. The deposition shall begin by the operator stating on camera: (a) The operator’s name and business address; (b) The name and busin…

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 sha…

885.46 Videotape custody and preservation. The official shall maintain secure and proper storage of the original videotape recording and any edited videotape recording until: (1) The final disposition of the cause where no trial is had; (2) The expiration of the appeal period fol…

885.47 Videotape playback equipment. 885.47(1)(1) Playback equipment. Each court may establish rules providing for the availability of playback or reproducing equipment. Such rules shall provide for an adequately trained operator. Minimum playback equipment shall be a videotape p…

885.50 Statement of intent. (1) It is the intent of the Supreme Court that videoconferencing technology be available for use in the circuit courts of Wisconsin to the greatest extent possible consistent with the limitations of the technology, the rights of litigants and other par…

885.52 Definitions. In this subchapter: (1) “Circuit court” includes proceedings before circuit court judges and commissioners, and all references to circuit court judges include circuit court commissioners. (2) “Participants” includes litigants, counsel, witnesses while on the s…

885.54 Technical and operational standards. (1) Videoconferencing technology used in circuit court proceedings shall meet the following technical and operational standards: (a) Participants shall be able to see, hear, and communicate with each other. (b) Participants shall be abl…

885.56 Criteria for exercise of court’s discretion. (1) In determining in a particular case whether to permit the use of videoconferencing technology and the manner of proceeding with videoconferencing, the circuit court may consider one or more of the following criteria: (a) Whe…

885.58 Use in civil cases and special proceedings. (1) Subject to the standards and criteria set forth in ss. 885.54 and 885.56 and to the limitations of sub. (2), a circuit court may, on its own motion or at the request of any party, in any civil case or special proceeding permi…

885.60 Use in criminal cases and proceedings under chapters 48, 51, 55, 938, and 980. (1) Subject to the standards and criteria set forth in ss. 885.54 and 885.56 and to the limitations of sub. (2), a circuit court may, on its own motion or at the request of any party, in any cri…

885.62 Waivers and stipulations. Parties to circuit court proceedings may waive the technical and operational standards provided in this subchapter, or may stipulate to any different or modified procedure, as may be approved by the court. History: Sup. Ct. Order No. 07-12, 2008 W…

885.64 Applicability. (1) The provisions of this subchapter shall govern the procedure, practice, and use of videoconferencing in the circuit courts of this state. (2) All circuit court proceedings, with the exception of proceedings pursuant to s. 972.11 (2m), that are conducted …