1995 Wisconsin Act 225

225,497 Section 497 . 779.01 (4) of the statutes is amended by replacing “144.76 (6) (d)" with “144.77 (6) (d)".

Note: Corrects cross-reference inserted by 1993 Wis. Act 453. There is no s. 144.76 (6) (d).

225,498 Section 498 . 779.40 (1) of the statutes is amended by replacing “144.76 (6) (d)" with “144.77 (6) (d)".

Note: Corrects cross-reference inserted by 1993 Wis. Act 453. There is no s. 144.76 (6) (d).

225,499 Section 499 . 802.06 (8) (a) of the statutes is renumbered 802.06 (8) (a) (intro.) and amended to read:

802.06 (8) (a) (intro.) A defense of lack of jurisdiction over the person or the property, insufficiency of process, untimeliness or insufficiency of service of process or another action pending between the same parties for the same cause is waived only if any of the following conditions is met:

1) if it. The defense is omitted from a motion in the circumstances described in sub. (7), or.

2) if it. The defense is neither made by motion under this section nor included in a responsive pleading.

Note: Subdivides provision for greater readability and conformity with current style.

225,500 Section 500 . 802.12 (3) (d) (intro.) of the statutes is amended to read:

802.12 (3) (d) (intro.) The parties, including any guardian ad litem for their child, amy may agree to resolve any of the following issues through binding arbitration:

Note: Corrects transcription error.

225,501 Section 501 . 804.07 (1) (c) of the statutes is renumbered 804.07 (1) (c) 1. (intro.) and amended to read:

804.07 (1) (c) 1. (intro.) The deposition of a witness other than a medical expert, whether or not a party, may be used by any party for any purpose if the court finds: 1. that the any of the following:

a. That the witness is dead; or 2. that the.

b. That the witness is at a greater distance than 30 miles from the place of trial or hearing, or is out of the state, and will not return before the termination of the trial or hearing, unless it appears that the absence of the witness was procured by the party offering the deposition; or 3. that the.

c. That the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment ; or 4. that the.

d. That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5. upon.

e. Upon application and notice, that such exceptional circumstances exist as to that make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

2. The deposition of a medical expert may be used by any party for any purpose, without regard to the limitations otherwise imposed by this paragraph.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,502 Section 502 . 809.70 (1) of the statutes is renumbered 809.70 (1) (intro.) and amended to read:

809.70 (1) (intro.) A person may request the supreme court to take jurisdiction of an original action by filing a petition which may be supported by a memorandum. The petition must contain statements all of the following:

(a) A statement of the issues presented by the controversy;.

(b) A statement of the facts necessary to an understanding of the issues;.

(c) A statement of the relief sought; and.

(d) A statement of the reasons why the court should take jurisdiction.

Note: Subdivides provision for greater readability and conformity with current style.

225,503 Section 503 . 809.83 (1) of the statutes is renumbered 809.83 (1) (a) (intro.) and amended to read:

809.83 (1) (a) (intro.) If the court finds that an appeal was taken for the purpose of delay, it may award: (a) double any of the following:

1. Double costs; (b) a.

2. A penalty in addition to interest not exceeding 10% on the amount of the judgment affirmed; (c) damages .

3. Damages occasioned by the delay; and (d) reasonable attorneys.

4. Reasonable attorney fees.

(b) A motion for costs, penalties, damages and fees under this subsection shall be filed no later than the filing of the respondent's brief or, if a cross-appeal is filed, the cross-respondent's brief.

Note: Subdivides provision for greater readability and conformity with current style.

225,504 Section 504 . 810.13 of the statutes is renumbered 810.13 (1) (intro.) and amended to read:

810.13 (1) (intro.) Upon the trial, the court or jury shall find: (1) whether all of the following:

(a) Whether the plaintiff is entitled to possession of the property involved; (2) whether.

(b) Whether the defendant unlawfully took or detained the same; (3) the property involved.

(c) The value thereof; (4) the of the property involved.

(d) The damages sustained by the successful party from any unlawful taking or unjust detention of the property to the time of the trial.

(2) Judgment shall go be entered in accordance with s. 810.14.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,505 Section 505 . 814.70 (9) (a) 5. of the statutes is amended to read:

814.70 (9) (a) 5. Recording a certificate of sale with the register of deeds.

Note: Inserts missing “the".

225,506 Section 506 . 815.58 of the statutes is amended by replacing “incumbrancer" with “encumbrancer" and by replacing “incumbrance" with “encumbrance".

Note: Inserts preferred spelling.

225,507 Section 507 . 818.12 of the statutes is amended by replacing “deliver it to clerk" with “deliver it to the clerk".

Note: Inserts “the" for improved readability.

225,508 Section 508 . The amendment of 818.20 of the statutes by 1993 Wisconsin Act 481 is not repealed by 1993 Wisconsin Act 486. Both amendments stand.

Note: There is no conflict of substance.

225,509 Section 509 . 853.13 of the statutes is amended to read:

853.13 When will is contractual. (1) A contract not to revoke a will can be established only by any of the following:

(a) provisions Provisions of the will itself sufficiently stating the contract;.

(b) an An express reference in the will to such a contract not to revoke the will and evidence proving the terms of the contract; or.

(c) if If the will makes no reference to a contract, clear and convincing evidence apart from the will.

(2) This section applies to a joint will (, except if one of the testators has died prior to April 1, 1971) , as well as to any other will; there. There is no presumption that the testators of a joint will have contracted not to revoke it.

Note: Replaces parentheses and punctuation consistent with current style.

225,510 Section 510 . 853.59 (form) (2) (A) of the statutes is amended by replacing “education [of my descendants]" with “education".

Note: Deletes surplusage language consistent with the terminology of this provision.

225,511 Section 511 . 863.11 (1) of the statutes is renumbered 863.11 (1) (a) (intro.) and amended to read:

863.11 (1) (a) (intro.) Except as provided in sub. (2) and s. 853.25, shares of the distributees abate, without any preference or priority as between real and personal property, in the following order: (a) property

1. Property not disposed of by the will; (b) residuary.

2. Residuary bequests; (c) general .

3. General bequests; (d) specific .

4. Specific bequests.

(b) A general bequest charged on any specific property or fund is, for purposes of abatement, deemed considered property specifically bequeathed to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it is deemed considered a general bequest to the extent of the failure or insufficiency. Abatement within each classification under par. (a) 1. to 4. is in proportion to the amounts of that property each of the beneficiaries would have received had full distribution of that property been made in accordance with the terms of the will.

Note: Subdivides provision for greater readability and consistency with style.

225,512 Section 512 . 879.23 (1) of the statutes is amended by replacing “persons whose interest are" with “persons whose interests are".

Note: Corrects spelling.

225,513 Section 513 . 881.01 (2) of the statutes is renumbered 881.01 (2) (a) (intro.) and amended to read:

881.01 (2) (a) (intro.) Notwithstanding sub. (1), a fiduciary shall not purchase or otherwise invest in common stocks if the percentage of the fund invested in common stocks immediately after such purchase or investment will exceed 50% of the total market value of the fund. The preceding sentence shall not be construed a) to require do any of the following:

1. Require the sale or other liquidation of a portion of a fund's holdings of common stocks even though at any given time the market value of the common stock investments of the fund exceeds 50% of the total market value of the fund, or b) to prevent.

2. Prevent the reinvestment of the proceeds of the sale or other disposition of common stocks in other common stocks even though at the time the market value of the common stock investments of the fund exceeds 50% of the total market value of the fund.

(b) A fiduciary may rely upon published market quotations as to those investments for which such published quotations are available, and upon such valuations of other investments as are fair and reasonable according to available information.

(c) The purchase and investment limitations of this subsection are not applicable to any bank or trust company authorized to exercise trust powers.

Note: Subdivides provision and replaces language for greater conformity with current style.

225,514 Section 514 . 891.39 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing “guardian's compensation" with “guardian ad litem's compensation".

Note: Inserts complete term for clarity.

225,515 Section 515 . 895.055 of the statutes is renumbered 895.055 (1) and amended to read:

895.055 (1) All promises, agreements, notes, bills, bonds, or other contracts, mortgages, conveyances or other securities, where the whole or any part of the consideration of such the promise, agreement, note, bill, bond, mortgage, conveyance or other security shall be for money or other valuable thing whatsoever won or lost, laid or staked, or betted at or upon any game of any kind or under any name whatsoever, or by any means, or upon any race, fight, sport or pastime, or any wager, or for the repayment of money or other thing of value, lent or advanced at the time and for the purpose, of any game, play, bet or wager, or of being laid, staked, betted or wagered thereon shall be absolutely void; provided, however, that.

(2) This section does not apply to contracts of insurance made in good faith for the security or indemnity of the party insured shall be lawful and valid.

(3) This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under chs. 561 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

Note: Subdivides provision and reorganizes and replaces text for greater readability and conformity with current style. See also the next section of this bill.

225,516 Section 516 . 895.056 of the statutes is renumbered 895.056 (1) (intro.) and amended to read:

895.056 (1) (intro.) Any In this section:

(b) “Wagerer" means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight, sport or pastime or on the issue or event thereof, or on any future contingent or unknown occurrence or result in respect to anything whatever, shall have put up, staked or deposited any property with any stakeholder or 3rd person any money, property or thing in action, or shall have lost and delivered the same any property to any winner thereof may, within.