2001 - 2002 LEGISLATURE
February 15, 2001 - Introduced by Senators George, Burke, Darling, Schultz and
Rosenzweig, cosponsored by Representatives Walker, Balow, Sykora, Huber,
Wade, Ryba, Pettis, Townsend, Albers, Powers, Stone, J. Lehman,
Hundertmark, Colon, Huebsch, Olsen and Staskunas. Referred to
Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.
1An Act to renumber and amend
804.03 (3); and to create
804.03 (3) (b) of the 2
statutes; relating to: contracts with persons who take depositions.
Analysis by the Legislative Reference Bureau
Under current law, a deposition may be taken before a person authorized to
administer oaths, including judges, court commissioners, administrative hearing
officers, district attorneys, and court reporters. Generally, a deposition is taken
before a court reporter, who records and transcribes the deposition. Currently, a
deposition may not be taken before a person who is a relative, employee, attorney,
or counsel of any of the parties to the action, before a relative or employee of the
attorney or counsel of any of the parties, or before a person who is financially
interested in the action.
This bill also prohibits any contract between a person financially interested in
the action and the person taking a deposition, except a contract to report and
transcribe a deposition. The bill includes the parties to the action, a real party in
interest, the insurer of a party to the action or real party in interest, and an attorney,
agent, or employee of a party to the action, real party in interest, or the insurer as
persons who are financially interested in the action, but excludes persons who take
depositions for a public agency.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB52, s. 1
804.03 (3) of the statutes is renumbered 804.03 (3) (a) and amended 2
(a) No deposition shall
be taken before a person who is a relative 4or,
or counsel of any of the parties, or
is a relative or employee 5
of such attorney or counsel, or is financially interested in the action. No contract,
6other than for the attendance to record and transcribe a deposition, may be entered
7into between a financially interested party and an officer taking a deposition related
8to that action or that officer's principal. A financially interested party includes any
9party to the action, a real party in interest, the insurer of a party to the action or real
10party in interest, or an attorney, agent, or employee of a party to the action, real party
11in interest, or the insurer.
SB52, s. 2
804.03 (3) (b) of the statutes is created to read:
(b) This subsection does not apply to an officer who records or 14
transcribes depositions for a public agency, as defined in s. 66.0825 (3) (h).