AB773-ASA2,3 24Section 3 . 218.0126 of the statutes is amended to read:
AB773-ASA2,5,15
1218.0126 Promotional allowances. A claim made by a franchised motor
2vehicle dealer for promotional allowances or other incentive payments shall be either
3approved or disapproved within 30 days after the claim is submitted to the
4manufacturer, importer or distributor in the manner and on the forms the
5manufacturer, importer or distributor reasonably prescribes. An approved claim
6shall be paid within 30 days after its approval. If a claim is not specifically
7disapproved in writing or by electronic transmission within 30 days after the date
8on which the manufacturer, importer or distributor receives it, the claim shall be
9considered to be approved and payment shall follow within 30 days after approval.
10A manufacturer, importer or distributor retains the right to audit a claim for a period
11of 2 years after the date on which the claim is paid and to charge back any amounts
12paid on claims that are false or unsubstantiated. If there is evidence of fraud, this
13section does not limit the right of the manufacturer to audit for longer periods and
14charge back for any fraudulent claim, subject to the limitations period under s.
15893.93 (1) (b) (cm).
AB773-ASA2,4 16Section 4. 628.46 (1) of the statutes is amended to read:
AB773-ASA2,6,617 628.46 (1) Unless otherwise provided by law, an insurer shall promptly pay
18every insurance claim. A claim shall be overdue if not paid within 30 days after the
19insurer is furnished written notice of the fact of a covered loss and of the amount of
20the loss. If such written notice is not furnished to the insurer as to the entire claim,
21any partial amount supported by written notice is overdue if not paid within 30 days
22after such written notice is furnished to the insurer. Any part or all of the remainder
23of the claim that is subsequently supported by written notice is overdue if not paid
24within 30 days after written notice is furnished to the insurer. Any payment shall
25not be deemed overdue when the insurer has reasonable proof to establish that the

1insurer is not responsible for the payment, notwithstanding that written notice has
2been furnished to the insurer. For the purpose of calculating the extent to which any
3claim is overdue, payment shall be treated as being made on the date a draft or other
4valid instrument which is equivalent to payment was placed in the U.S. mail in a
5properly addressed, postpaid envelope, or, if not so posted, on the date of delivery.
6All overdue payments shall bear simple interest at the rate of 12 7.5 percent per year.
AB773-ASA2,5 7Section 5. 801.01 (2) of the statutes is amended to read:
AB773-ASA2,6,138 801.01 (2) Scope. Chapters 801 to 847 govern procedure and practice in circuit
9courts of this state in all civil actions and special proceedings whether cognizable as
10cases at law, in equity or of statutory origin except where different procedure is
11prescribed by statute or rule. Chapters 801 to 847 shall be construed , administered,
12and employed by the court and the parties
to secure the just, speedy and inexpensive
13determination of every action and proceeding.
AB773-ASA2,6 14Section 6. 802.06 (1) of the statutes is renumbered 802.06 (1) (a).
AB773-ASA2,7 15Section 7. 802.06 (1) (b) of the statutes is created to read:
AB773-ASA2,6,2116 802.06 (1) (b) Upon the filing of a motion to dismiss under sub. (2) (a) 6., a
17motion for judgment on the pleadings under sub. (3), or a motion for more definite
18statement under sub. (5), all discovery and other proceedings shall be stayed for a
19period of 180 days after the filing of the motion or until the ruling of the court on the
20motion, whichever is sooner, unless the court finds good cause upon the motion of any
21party that particularized discovery is necessary.
AB773-ASA2,8 22Section 8. 803.08 (11) of the statutes, as affected by 2017 Supreme Court
23Order 17-03, is repealed and recreated to read:
AB773-ASA2,7,624 803.08 (11) Interlocutory appeal of class certification. (a) When
25practicable after the commencement of an action brought as a class action, the court

1shall determine by order whether it is to be so maintained. If the court finds that the
2action should be maintained as a class action, it shall certify the action accordingly
3on the basis of a written decision setting forth all reasons why the action may be
4maintained and describing all evidence in support of the determination. An order
5under this subsection may be altered, amended, or withdrawn at any time before the
6decision on the merits. The court may direct appropriate notice to the class.
AB773-ASA2,7,137 (b) An appellate court shall hear an appeal of an order granting or denying class
8action certification, or denying a motion to decertify a class action, if a notice of
9appeal is filed within 14 days after entry of the order. During the pendency of an
10appeal under this subsection, all discovery and other proceedings shall be stayed,
11except that the trial court shall retain sufficient jurisdiction over the case to consider
12and implement a settlement of the action if a settlement is reached between the
13parties.
AB773-ASA2,9 14Section 9. 804.01 (1) of the statutes is amended to read:
AB773-ASA2,7,2115 804.01 (1) Discovery methods. Parties may obtain discovery by one or more
16of the following methods: depositions upon oral examination or written questions;
17written interrogatories; production of documents or things or permission to enter
18upon land or other property, for inspection and other purposes; physical and mental
19examinations; and requests for admission. Unless the court orders otherwise under
20sub. (3), and except as provided in s. ss. 804.015, 804.045, 804.08 (1) (am), and 804.09,
21the frequency of use of these methods is not limited.
AB773-ASA2,10 22Section 10 . 804.01 (2) (a) of the statutes is amended to read:
AB773-ASA2,8,1223 804.01 (2) (a) In general. Parties may obtain discovery regarding any
24nonprivileged matter, not privileged, which that is relevant to the subject matter
25involved in the pending action, whether it relates to the
any party's claim or defense

1of the party seeking discovery or to the claim or defense of any other party, including
2the existence, description, nature, custody, condition and location of any books,
3documents, or other tangible things and the identity and location of persons having
4knowledge of any discoverable matter. It is not ground for objection that the
5information sought will be inadmissible at the trial if the information sought appears
6reasonably calculated to lead to the discovery of admissible evidence
and
7proportional to the needs of the case, considering the importance of the issues at
8stake in the action, the amount in controversy, the parties' relative access to relevant
9information, the parties' resources, the importance of the discovery in resolving the
10issues, and whether the burden or expense of the proposed discovery outweighs its
11likely benefit. Information within this scope of discovery need not be admissible in
12evidence to be discoverable
.
AB773-ASA2,11 13Section 11. 804.01 (2) (am) of the statutes is created to read:
AB773-ASA2,8,1514 804.01 (2) (am) Limitations. Upon the motion of any party, the court shall limit
15the frequency or extent of discovery if it determines that one of the following applies:
AB773-ASA2,8,1716 1. The discovery sought is cumulative or duplicative, or can be obtained from
17some other source that is more convenient, less burdensome, or less expensive.
AB773-ASA2,8,2218 2. The burden or expense of the proposed discovery outweighs its likely benefit
19or is not proportional to the claims and defenses at issue considering the needs of the
20case, the amount in controversy, the parties' resources, the complexity and
21importance of the issues at stake in the action, and the importance of discovery in
22resolving the issues.
AB773-ASA2,12 23Section 12 . 804.01 (2) (bg) of the statutes is created to read:
AB773-ASA2,9,424 804.01 (2) (bg) Third party agreements. Except as otherwise stipulated or
25ordered by the court, a party shall, without awaiting a discovery request, provide to

1the other parties any agreement under which any person, other than an attorney
2permitted to charge a contingent fee representing a party, has a right to receive
3compensation that is contingent on and sourced from any proceeds of the civil action,
4by settlement, judgment, or otherwise.
AB773-ASA2,13 5Section 13. 804.01 (2) (e) 1. of the statutes is renumbered 804.01 (2) (e) 1r.
AB773-ASA2,14 6Section 14. 804.01 (2) (e) 1g. of the statutes is created to read:
AB773-ASA2,9,107 804.01 (2) (e) 1g. A party is not required to provide discovery of any of the
8following categories of electronically stored information absent a showing by the
9moving party of substantial need and good cause, subject to a proportionality
10assessment under par. (am) 2.:
AB773-ASA2,9,1311 a. Data that cannot be retrieved without substantial additional programming
12or without transforming it into another form before search and retrieval can be
13achieved.
AB773-ASA2,9,1514 b. Backup data that are substantially duplicative of data that are more
15accessible elsewhere.
AB773-ASA2,9,1716 c. Legacy data remaining from obsolete systems that are unintelligible on
17successor systems.
AB773-ASA2,9,2518 d. Any other data that are not available to the producing party in the ordinary
19course of business and that the party identifies as not reasonably accessible because
20of undue burden or cost. In response to a motion to compel discovery or for a
21protective order, the party from whom discovery is sought is required to show that
22the information is not reasonably accessible because of undue burden or cost. If that
23showing is made, the court may order discovery from such sources only if the
24requesting party shows good cause, considering the limitations of par. (am). The
25court may specify conditions for the discovery.
AB773-ASA2,15
1Section 15. 804.01 (2) (e) 2. of the statutes is amended to read:
AB773-ASA2,10,32 804.01 (2) (e) 2. If a party fails or refuses to confer as required by subd. 1. 1r.,
3any party may move the court for relief under s. 804.12 (1).
AB773-ASA2,16 4Section 16. 804.01 (2) (e) 3. of the statutes is amended to read:
AB773-ASA2,10,95 804.01 (2) (e) 3. If after conferring as required by subd. 1. 1r., any party objects
6to any proposed request for discovery of electronically stored information or objects
7to any response under s. 804.08 (3) proposing the production of electronically stored
8information, the objecting party may move the court for an appropriate order under
9sub. (3).
AB773-ASA2,17 10Section 17. 804.01 (3) (a) 2. of the statutes is amended to read:
AB773-ASA2,10,1311 804.01 (3) (a) 2. That the discovery may be had only on specified by specifying
12terms and conditions, including a designation of the time or and place or the
13allocation of expenses, for the disclosure or discovery
;
AB773-ASA2,18 14Section 18. 804.01 (4) of the statutes is amended to read:
AB773-ASA2,10,1915 804.01 (4) Sequence and timing of discovery. Unless the parties stipulate or
16the court upon motion, for the convenience of parties and witnesses and in the
17interests of justice, orders otherwise, methods of discovery may be used in any
18sequence and the fact that a party is conducting discovery, whether by deposition or
19otherwise, shall not operate to delay any other party's discovery.
AB773-ASA2,19 20Section 19. 804.01 (8) of the statutes is created to read:
AB773-ASA2,10,2421 804.01 (8) Preservation of electronically stored information. Absent a
22court order demonstrating that the requesting party has a substantial need for
23discovery of the electronically stored information requested, a party is not required
24to preserve the following categories of electronically stored information:
AB773-ASA2,11,3
1(a) Data that cannot be retrieved without substantial additional programming
2or without transforming it into another form before search and retrieval can be
3achieved.
AB773-ASA2,11,54 (b) Backup data that are substantially duplicative of data that are more
5accessible elsewhere.
AB773-ASA2,11,76 (c) Legacy data remaining from obsolete systems that are unintelligible on
7successor systems.
AB773-ASA2,11,98 (d) Any other data that are not available to the producing party in the ordinary
9course of business.
AB773-ASA2,20 10Section 20 . 804.045 of the statutes is created to read:
AB773-ASA2,11,14 11804.045 Limits on quantity of depositions. A party shall be limited, unless
12otherwise stipulated or ordered by the court in a manner consistent with s. 804.01
13(2), to a reasonable number of depositions, not to exceed 10 depositions, none of which
14may exceed 7 hours in duration.
AB773-ASA2,21 15Section 21. 804.08 (1) (am) of the statutes is created to read:
AB773-ASA2,11,1816 804.08 (1) (am) A party shall be limited, unless otherwise stipulated or ordered
17by the court in a manner consistent with s. 804.01 (2), to a reasonable number of
18requests, not to exceed 25 interrogatories, including all subparts.
AB773-ASA2,22 19Section 22. 804.09 (2) (a) of the statutes is renumbered 804.09 (2) (a) (intro.)
20and amended to read:
AB773-ASA2,11,2421 804.09 (2) (a) (intro.) Except as provided in s. 804.015, the request may, without
22leave of court, be served upon the plaintiff after commencement of the action and
23upon any other party with or after service of the summons and complaint upon that
24party, and shall meet all of the following criteria:
AB773-ASA2,12,2
11. The request shall describe with reasonable particularity each item or
2category of items to be inspected.
AB773-ASA2,12,4 32. The request shall specify a reasonable time, place, and manner of making
4the inspection and performing the related acts.
AB773-ASA2,12,6 54. The request may specify the form or forms in which electronically stored
6information is to be produced.
AB773-ASA2,23 7Section 23 . 804.09 (2) (a) 3. of the statutes is created to read:
AB773-ASA2,12,138 804.09 (2) (a) 3. The request shall be limited, unless otherwise stipulated or
9ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable time
10period, not to exceed 5 years prior to the accrual of the cause of action. The limitation
11in this subdivision does not apply to requests for patient health care records, as
12defined in s. 146.81 (4), vocational records, educational records, or any other similar
13records.
AB773-ASA2,24 14Section 24. 804.09 (2) (b) 1. of the statutes is amended to read:
AB773-ASA2,13,515 804.09 (2) (b) 1. The party upon whom the request is served shall serve a
16written response within 30 days after the service of the request, except that a
17defendant may serve a response within 45 days after service of the summons and
18complaint upon that defendant. The court may allow a shorter or longer time. The
19response shall state, with respect to each item or category, that inspection and
20related activities will be permitted as requested, unless or state with specificity the
21grounds for objecting to
the request is objected to, in which event the reasons for
22objection shall be stated
. If objection is made to part of an item or category, the part
23shall be specified. The response may state an objection to a requested form for
24producing electronically stored information. If the responding party objects to a
25requested form, or if no form was specified in the request, the party shall state the

1form or forms it intends to use. The responding party may state that it will produce
2copies of documents or of electronically stored information instead of permitting
3inspection. The production shall be completed no later than the time for inspection
4specified in the request or another reasonable time specified in the request or
5another reasonable time specified in the response.
AB773-ASA2,25 6Section 25. 804.12 (1) (a) of the statutes is amended to read:
AB773-ASA2,13,187 804.12 (1) (a) Motion. If a deponent fails to answer a question propounded or
8submitted under s. 804.05 or 804.06, or a corporation or other entity fails to make a
9designation under s. 804.05 (2) (e) or 804.06 (1), or a party fails to answer an
10interrogatory submitted under s. 804.08, or if a party, in response to a request for
11inspection submitted under s. 804.09, fails to produce documents or fails to respond
12that inspection will be permitted as requested or fails to permit inspection as
13requested, the discovering party may move for an order compelling an answer, or a
14designation, or an order compelling inspection in accordance with the request. When
15taking a deposition on oral examination, the proponent of the question may complete
16or adjourn the examination before he or she applies for an order. If the court denies
17the motion in whole or in part, it may make such protective order as it would have
18been empowered to make on a motion made pursuant to s. 804.01 (3).
AB773-ASA2,26 19Section 26. 893.53 of the statutes is amended to read:
AB773-ASA2,13,23 20893.53 Action for injury to character or other rights. An action to recover
21damages for an injury to the character or rights of another, not arising on contract,
22shall be commenced within 6 3 years after the cause of action accrues, except where
23a different period is expressly prescribed, or be barred.
AB773-ASA2,27 24Section 27. 893.89 (1) of the statutes is amended to read:
AB773-ASA2,14,2
1893.89 (1) In this section, “exposure period" means the 10 7 years immediately
2following the date of substantial completion of the improvement to real property.
AB773-ASA2,28 3Section 28. 893.89 (3) (b) of the statutes is amended to read:
AB773-ASA2,14,84 893.89 (3) (b) If, as the result of a deficiency or defect in an improvement to real
5property, a person sustains damages during the period beginning on the first day of
6the 8th 5th year and ending on the last day of the 10th 7th year after the substantial
7completion of the improvement to real property, the time for commencing the action
8for the damages is extended for 3 years after the date on which the damages occurred.
AB773-ASA2,29 9Section 29 . 893.93 (1) (a) of the statutes is renumbered 893.93 (1m) (a).
AB773-ASA2,30 10Section 30 . 893.93 (1) (b) of the statutes is renumbered 893.93 (1m) (b).
AB773-ASA2,31 11Section 31 . 893.93 (1) (cm) of the statutes is created to read:
AB773-ASA2,14,1212 893.93 (1) (cm) An action under s. 218.0125 (7) or 218.0126.
AB773-ASA2,32 13Section 32 . 893.93 (1m) (intro.) of the statutes is created to read:
AB773-ASA2,14,1514 893.93 (1m) (intro.) The following actions shall be commenced within 3 years
15after the cause of action accrues or be barred:
AB773-ASA2,33 16Section 33. Initial applicability.
AB773-ASA2,14,1917 (1) Third-party audits. The treatment of section 177.30 (6) of the statutes first
18applies to a contract or agreement that is entered into, renewed, or modified on the
19effective date of this subsection.
AB773-ASA2,14,2420 (2) Discovery procedures. The treatment of sections 802.06 (1) (b), 804.01 (1),
21(2) (am), (bg), and (e) 1g., (3) (a) 2., (4), and (8), 804.045, 804.08 (1) (am), 804.09 (2)
22(b) 1., and 804.12 (1) (a) of the statutes, the renumbering and amendment of section
23804.09 (2) (a) of the statutes, and the creation of section 804.09 (2) (a) 3. of the
24statutes first apply to actions that are filed on July 1, 2018.
AB773-ASA2,34
1Section 34. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB773-ASA2,15,43 (1) Class actions. The treatment of section 803.08 (11) of the statutes takes
4effect on July 1, 2018.
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