Note: Deletes surplus "and".
SB436, s. 494
17Section
494. 758.19 (5) (e) 1. to 4. of the statutes are repealed.
Note: Through an engrossing error, this provision was unintentionally deleted
from
1995 Wis. Act 27. The amendment by Act 27 made subds. 1. to 4. surplusage.
SB436, s. 495
18Section
495. 767.32 (1) (b) 3. of the statutes is created to read:
SB436,196,2019
767.32
(1) (b) 3. Failure of the payer to furnish a timely disclosure under s.
20767.27 (2m).
Note: 1993 Wis. Act 16 created s. 767.32 (1) (b) 3. identical to this provision. The
original draft of Act 16 also created s. 767.27 (2m). Section 767.27 (2m) was deleted from
Act 16 as adopted rendering s. 767.32 (1) (b) 3. without effect and was subsequently
repealed by
1993 Wis. Act 491, a revisor's correction bill. As a result of the May 1993
special session of the legislature,
1993 Wis. Act 481 created section 767.27 (2m) identical
to the provision originally included in
1993 Wis. Act 16. This provision restores section
767.32 (1) (b) 3. as it was created by
1993 Wis. Act 16 and as it existed at the time
1993
Wis. Act 481 was drafted.
SB436, s. 496
1Section
496. 769.305 (2) (i) of the statutes is amended by replacing "818.02 (1)
2(f)" with "818.02 (6)".
Note: Corrects cross-reference. Section 818.02 (1) (f) was renumbered s. 818.02
(6) by
1993 Wis. Act 481.
SB436, s. 497
3Section
497. 779.01 (4) of the statutes is amended by replacing "144.76 (6) (d)"
4with "144.77 (6) (d)".
Note: Corrects cross-reference inserted by
1993 Wis. Act 453. There is no s. 144.76
(6) (d).
SB436, s. 498
5Section
498. 779.40 (1) of the statutes is amended by replacing "144.76 (6) (d)"
6with "144.77 (6) (d)".
Note: Corrects cross-reference inserted by
1993 Wis. Act 453. There is no s. 144.76
(6) (d).
SB436, s. 499
7Section
499. 802.06 (8) (a) of the statutes is renumbered 802.06 (8) (a) (intro.)
8and amended to read:
SB436,197,129
802.06
(8) (a) (intro.) A defense of lack of jurisdiction over the person or the
10property, insufficiency of process, untimeliness or insufficiency of service of process
11or another action pending between the same parties for the same cause is waived
12only
if any of the following conditions is met:
SB436,197,1413
1
) if it. The defense is omitted from a motion in the circumstances described in
14sub. (7)
, or.
SB436,197,1615
2
) if it. The defense is neither made by motion under this section nor included
16in a responsive pleading.
Note: Subdivides provision for greater readability and conformity with current
style.
SB436, s. 500
17Section
500. 802.12 (3) (d) (intro.) of the statutes is amended to read:
SB436,198,3
1802.12
(3) (d) (intro.) The parties, including any guardian ad litem for their
2child,
amy may agree to resolve any of the following issues through binding
3arbitration:
Note: Corrects transcription error.
SB436, s. 501
4Section
501. 804.07 (1) (c) of the statutes is renumbered 804.07 (1) (c) 1. (intro.)
5and amended to read:
SB436,198,86
804.07
(1) (c) 1. (intro.) The deposition of a witness other than a medical expert,
7whether or not a party, may be used by any party for any purpose if the court finds
:
81. that the any of the following:
SB436,198,9
9a. That the witness is dead
; or 2. that the.
SB436,198,13
10b. That the witness is at a greater distance than 30 miles from the place of trial
11or hearing, or is out of the state, and will not return before the termination of the trial
12or hearing, unless it appears that the absence of the witness was procured by the
13party offering the deposition
; or 3. that the.
SB436,198,15
14c. That the witness is unable to attend or testify because of age, illness,
15infirmity
, or imprisonment
; or 4. that the.
SB436,198,17
16d. That the party offering the deposition has been unable to procure the
17attendance of the witness by subpoena
; or 5. upon.
SB436,198,21
18e. Upon application and notice, that
such exceptional circumstances exist
as
19to that make it desirable, in the interest of justice and with due regard to the
20importance of presenting the testimony of witnesses orally in open court, to allow the
21deposition to be used.
SB436,198,23
222. The deposition of a medical expert may be used by any party for any purpose,
23without regard to the limitations otherwise imposed by this paragraph.
Note: Subdivides provision and replaces language for greater readability and
conformity with current style.
SB436, s. 502
1Section
502. 809.70 (1) of the statutes is renumbered 809.70 (1) (intro.) and
2amended to read:
SB436,199,53
809.70
(1) (intro.) A person may request the supreme court to take jurisdiction
4of an original action by filing a petition which may be supported by a memorandum.
5The petition must contain
statements all of
the following:
SB436,199,66
(a)
A statement of the issues presented by the controversy
;.
SB436,199,77
(b)
A statement of the facts necessary to an understanding of the issues
;.
SB436,199,88
(c)
A statement of the relief sought
; and.
SB436,199,99
(d)
A statement of the reasons why the court should take jurisdiction.
Note: Subdivides provision for greater readability and conformity with current
style.
SB436, s. 503
10Section
503. 809.83 (1) of the statutes is renumbered 809.83 (1) (a) (intro.) and
11amended to read:
SB436,199,1312
809.83
(1) (a)
(intro.)
If the court finds that an appeal was taken for the purpose
13of delay, it may award
: (a) double any of the following:
SB436,199,14
141. Double costs
; (b) a.
SB436,199,16
152. A penalty in addition to interest not exceeding 10% on the amount of the
16judgment affirmed
; (c) damages.
SB436,199,17
173. Damages occasioned by the delay
; and (d) reasonable attorneys.
SB436,199,18
184. Reasonable attorney fees.
SB436,199,21
19(b) A motion for costs, penalties, damages and fees under this subsection shall
20be filed no later than the filing of the respondent's brief or, if a cross-appeal is filed,
21the cross-respondent's brief.
Note: Subdivides provision for greater readability and conformity with current
style.
SB436, s. 504
1Section
504. 810.13 of the statutes is renumbered 810.13 (1) (intro.) and
2amended to read:
SB436,200,43
810.13
(1) (intro.) Upon the trial
, the court or jury shall find
: (1) whether all of
4the following:
SB436,200,6
5(a) Whether the plaintiff is entitled to possession of the property involved
; (2)
6whether.
SB436,200,8
7(b) Whether the defendant unlawfully took or detained the
same; (3) the 8property involved.
SB436,200,9
9(c) The value
thereof; (4) the
of the property involved.
SB436,200,11
10(d) The damages sustained by the successful party from any unlawful taking
11or unjust detention of the property to the time of the trial.
SB436,200,12
12(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.
SB436, s. 505
13Section
505. 814.70 (9) (a) 5. of the statutes is amended to read:
SB436,200,1414
814.70
(9) (a) 5. Recording a certificate of sale with
the register of deeds.
Note: Inserts missing "the".
SB436, s. 506
15Section
506. 815.58 of the statutes is amended by replacing "incumbrancer"
16with "encumbrancer" and by replacing "incumbrance" with "encumbrance".
Note: Inserts preferred spelling.
SB436, s. 507
17Section
507. 818.12 of the statutes is amended by replacing "deliver it to clerk"
18with "deliver it to the clerk".
Note: Inserts "the" for improved readability.
Note: There is no conflict of substance.
SB436, s. 509
21Section
509. 853.13 of the statutes is amended to read:
SB436,201,2
1853.13 When will is contractual. (1) A contract not to revoke a will can be
2established only by
any of the following:
SB436,201,33
(a)
provisions Provisions of the will itself sufficiently stating the contract
;.
SB436,201,54
(b)
an An express reference in the will to
such a contract
not to revoke the will 5and evidence proving the terms of the contract
; or.
SB436,201,76
(c)
if If the will makes no reference to a contract, clear and convincing evidence
7apart from the will.
SB436,201,10
8(2) This section applies to a joint will
(
, except if one of the testators has died
9prior to April 1, 1971
), as well as to any other will
; there. There is no presumption
10that the testators of a joint will have contracted not to revoke it.
Note: Replaces parentheses and punctuation consistent with current style.
SB436, s. 510
11Section
510. 853.59 (form) (2) (A) of the statutes is amended by replacing
12"education [of my descendants]" with "education".
Note: Deletes surplusage language consistent with the terminology of this
provision.
SB436, s. 511
13Section
511. 863.11 (1) of the statutes is renumbered 863.11 (1) (a) (intro.) and
14amended to read:
SB436,201,1715
863.11
(1) (a) (intro.) Except as provided in sub. (2) and s. 853.25, shares of the
16distributees abate, without any preference or priority as between real and personal
17property, in the following order:
(a) property
SB436,201,18
181. Property not disposed of by the will
; (b) residuary.
SB436,201,19
192. Residuary bequests
; (c) general.
SB436,201,20
203. General bequests
; (d) specific.
SB436,201,21
214. Specific bequests.
SB436,202,6
22(b) A general bequest charged on any specific property or fund is, for purposes
23of abatement,
deemed considered property specifically bequeathed to the extent of
1the value of the thing on which it is charged. Upon the failure or insufficiency of the
2thing on which it is charged, it is
deemed considered a general bequest to the extent
3of the failure or insufficiency. Abatement within each classification
under par. (a) 1.
4to 4. is in proportion to the amounts of that property each of the beneficiaries would
5have received had full distribution of that property been made in accordance with the
6terms of the will.
Note: Subdivides provision for greater readability and consistency with style.
SB436, s. 512
7Section
512. 879.23 (1) of the statutes is amended by replacing "persons whose
8interest are" with "persons whose interests are".
Note: Corrects spelling.
SB436, s. 513
9Section
513. 881.01 (2) of the statutes is renumbered 881.01 (2) (a) (intro.) and
10amended to read:
SB436,202,1511
881.01
(2) (a) (intro.) Notwithstanding sub. (1), a fiduciary shall not purchase
12or otherwise invest in common stocks if the percentage of the fund invested in
13common stocks immediately after such purchase or investment will exceed 50% of
14the total market value of the fund. The preceding sentence shall not be construed
15a) to
require do any of the following:
SB436,202,19
161. Require the sale or other liquidation of a portion of a fund's holdings of
17common stocks even though at any given time the market value of the common stock
18investments of the fund exceeds 50% of the total market value of the fund
, or b) to
19prevent.
SB436,202,23
202. Prevent the reinvestment of the proceeds of the sale or other disposition of
21common stocks in other common stocks even though at the time the market value of
22the common stock investments of the fund exceeds 50% of the total market value of
23the fund.
SB436,203,4
1(b) A fiduciary may rely upon published market quotations as to those
2investments for which
such published quotations are available, and upon such
3valuations of other investments as are fair and reasonable according to available
4information.
SB436,203,6
5(c) The purchase and investment limitations of this subsection are not
6applicable to any bank or trust company authorized to exercise trust powers.
Note: Subdivides provision and replaces language for greater conformity with
current style.
SB436, s. 514
7Section
514. 891.39 (1) (b) of the statutes, as affected by
1995 Wisconsin Act
827, is amended by replacing "guardian's compensation" with "guardian ad litem's
9compensation".
Note: Inserts complete term for clarity.