CHAPTER 885
WITNESSES AND ORAL TESTIMONY
GENERAL PROVISIONS
885.01 Subpoenas, who may issue.
885.03 Service of subpoena.
885.04 Municipal judge; subpoena served in state.
885.05 Witness and interpreter fees.
885.06 Witness' fees, prepayment.
885.07 State witnesses in civil actions and municipal witnesses in forfeiture actions, how paid.
885.08 State witnesses in criminal cases, how paid.
885.09 Compensation of nonresident or indigent witness.
885.10 Witness for indigent respondent or defendant.
885.11 Disobedient witness.
885.12 Coercing witnesses before officers and boards.
885.16 Transactions with deceased or insane persons.
885.17 Transactions with deceased agent.
885.205 Privileged communications.
885.23 Genetic tests in civil actions.
885.235 Chemical tests for intoxication.
885.237 Presumption as to operation of motor vehicle.
885.24 Actions for public moneys, immunity.
885.25 State actions vs. corporations or limited liability companies.
885.285 Settlement and advance payment of claim for damages.
885.365 Recorded telephone conversation.
885.37 Interpreters for persons with language difficulties or hearing or speaking impairments.
VIDEOTAPE PROCEDURE
885.43 Notice of videotape deposition.
885.44 Videotape deposition procedure.
885.45 Videotape costs; depositions and trials.
885.46 Videotape custody and preservation.
885.47 Videotape playback equipment.
GENERAL PROVISIONS
885.01
885.01
Subpoenas, who may issue. The subpoena need not be sealed, and may be signed and issued as follows:
885.01(1)
(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.
885.01(2)
(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.
885.01(3)
(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.
885.01(4)
(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.
885.01 Cross-reference
Cross-reference: See s.
805.07 concerning issuance of subpoenas by attorneys of record.
885.01 Annotation
See note to 71.74, citing State v. Beno, 99 W (2d) 77, 298 NW (2d) 405 (Ct. App. 1980).
885.01 Annotation
See note to 120.13, citing Racine Unified School Dist. v. Thompson, 107 W (2d) 657, 321 NW (2d) 334 (Ct. App. 1982).
885.01 Annotation
See note to 227.46, citing 68 Atty. Gen. 251.
885.02
885.02
Form of subpoena. 885.02(1)(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 ...., 19...
....(Give official title)
885.02(2)
(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).
885.03
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.
885.03 History
History: 1993 a. 486.
885.04
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.
885.04 History
History: 1977 c. 305.
885.05
885.05
Witness and interpreter fees. The fees of witnesses and interpreters are prescribed in
s. 814.67.
885.05 History
History: 1981 c. 317.
885.06
885.06
Witness' fees, prepayment. 885.06(1)
(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.
885.06(2)
(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.
885.06 History
History: 1983 a. 368,
447,
538;
1987 a. 201.
885.06 Annotation
"Witness on behalf of state" is one who is expected to provide relevant testimony or evidence for state; witness may be hostile to state. State v. Kielisch, 123 W (2d) 125, 365 NW (2d) 904 (Ct. App. 1985).
885.07
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.
885.07 History
History: 1993 a. 486.
885.08
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.
