AB378,169,9
4(2) Solicitation of a retainer for an attorney. Except as provided under SCR
520.08 20:7.1 to 20:7.5, no person may communicate directly or indirectly with any
6attorney or person acting in the attorney's behalf for the purpose of aiding, assisting
7or abetting the attorney in the solicitation of legal matters or the procurement
8through solicitation of a retainer, written or oral, or any agreement authorizing the
9attorney to perform or render legal services.
AB378,169,14
10(3) Employment by attorney of person to solicit legal matters. Except as
11provided under SCR
20.08 20:7.1 to 20:7.5, no attorney may employ any person for
12the purpose of soliciting legal matters or the procurement through solicitation of a
13retainer, written or oral, or of any agreement authorizing the attorney to perform or
14render legal services.
Note: Corrects cross-reference.
AB378,169,1817
767.001
(7) "Support collection designee" means the county support collection
18designee under s.
59.07 (97m) 59.53 (5m).
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,170,1913
767.262
(4) (b) The court may order payment of costs under this section by a
14county in an action in which the court finds that the record of payments and
15arrearages kept by the clerk of court under s. 59.40 (2) (h) or the support collection
16designee under s.
59.07 (97m) 59.53 (5m) (b) 1. is substantially incorrect and that the
17clerk of court or support collection designee has failed to correct the record within 30
18days after having received information that the court determines is sufficient for
19making the correction.
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
Note: There is no conflict of substance.
AB378,172,116
767.29
(1) All orders or judgments providing for temporary or permanent
7maintenance, child support or family support payments shall direct the payment of
8all such sums to the clerk of the court, or support collection designee in a county that
9has designated a support collection designee under s.
59.07 (97m) 59.53 (5m), for the
10use of the person for whom the same has been awarded. A party securing an order
11for temporary maintenance, child support or family support payments shall
12forthwith file the order, together with all pleadings in the action, with the clerk of the
13court or support collection designee. Except as provided in sub. (1m), the clerk or
14support collection designee shall disburse the money so received under the judgment
15or order within 15 days and take receipts therefor, unless the clerk or support
16collection designee is unable to disburse the moneys because they were paid by check
17or other draft drawn upon an account containing insufficient funds. All moneys
18received or disbursed under this section shall be entered in a record kept by the clerk
19or support collection designee, whichever is appropriate, which shall be open to
20inspection by the department for the administration of the child and spousal support
21and establishment of paternity program under s. 49.22, the parties to the action and
22their attorneys, and the family court commissioner. If the maintenance, child
23support or family support payments adjudged or ordered to be paid shall not be paid
24to the clerk or support collection designee at the time provided in the judgment or
1order, the clerk or support collection designee or the family court commissioner of the
2county shall take such proceedings as he or she considers advisable to secure the
3payment of the sum including enforcement by contempt proceedings under ch. 785
4or by other means. Copies of any order issued to compel the payment shall be mailed
5to counsel who represented each party when the maintenance, child support or
6family support payments were awarded. In case any fees of officers in any of the
7proceedings, including the compensation of the family court commissioner at the rate
8of $50 per day unless the commissioner is on a salaried basis, is not collected from
9the person proceeded against, the fees shall be paid out of the county treasury upon
10the order of the presiding judge and the certificate of the clerk of court or support
11collection designee.
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
Note: There is no conflict of substance.
AB378,172,2317
767.455
(5g) (form) 1. You have been named in a petition alleging paternity.
18A judgment of paternity would legally designate the child as your child, grant
19parental rights to you, create the right of inheritance for the child, obligate you to pay
20child support until the child reaches the age of 18, or the age
of 19 if the child is
21enrolled full-time in high school or its equivalent, and make your failure to pay child
22support punishable by imprisonment as a contempt of court or as a criminal
23violation.
Note: Inserts missing word.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,173,139
767.52
(2m) Representation by an attorney appointed under sub. (1) shall be
10provided only after the results of any genetic tests that were ordered by the court
11have been completed and only if all of the results fail to show that the alleged father
12is excluded and fail to give rise to the rebuttable presumption under
s. 767.48 (1m) that
13the alleged father is the father of the child.
genetic
Note: There is no conflict of substance.
AB378,174,1318
779.01
(4) Priority of construction lien. The lien provided in sub. (3) shall
19be prior to any lien which originates subsequent to the visible commencement in
20place of the work of improvement, except as otherwise provided by ss.
144.77 (6) (d) 21215.21 (4) (a), 292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new
1construction is the principal improvement involved, commencement is
deemed 2considered to occur no earlier than the beginning of substantial excavation for the
3foundations, footings or base of the new construction, except where the new
4construction is to be added to a substantial existing structure, in which case the
5commencement is the time of the beginning of substantial excavation or the time of
6the beginning of substantial preparation of the existing structure to receive the
7added new construction, whichever is earlier. The lien also shall be prior to any
8unrecorded mortgage given prior to the commencement of the work of improvement,
9if the lien claimant has no actual notice of the mortgage before the commencement.
10Lien claimants who perform work or procure its performance or furnish any labor or
11materials or plans or specifications for an improvement prior to the visible
12commencement of the work of improvement shall have lien rights, but shall have
13only the priority accorded to other lien claimants.
AB378,175,516
779.40
(1) Any person who shall perform any labor for an employer not the
17owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
18preparing stone for use or for manufacturing lime and any bona fide holder of any
19draft, time check or order for the payment of money due for any such labor issued by
20such employer, shall have a lien for wages owed and for the amount due on such draft,
21check or order upon the personal property connected with such industry owned by
22such employer, including interest in the product of such quarry or factory and
23machinery and other personal property used in the operation of such quarry or
1factory, and all interest in any lease of the real estate connected with such business,
2which lien shall take precedence of all other debts, judgments, decrees, liens or
3mortgages against such employer, except taxes, fines or penalties and mortgages or
4judgments recorded or entered before such labor is performed and except liens under
5ss. 292.31 (8) (i),
144.77 292.41 (6) (d) and 292.81.
AB378, s. 488
8Section
488. 803.01 (2) of the statutes is amended to read:
AB378,175,169
803.01
(2) Representatives. A personal representative, executor,
10administrator, guardian, bailee, trustee of an express trust, a party with whom or in
11whose name a contract has been made for the benefit of another, or a party authorized
12by statute may sue in the party's
own name without joining the person for whose
13benefit the action is brought. A partner asserting a partnership claim may sue in the
14partner's
own name without joining the other members of the partnership, but the
15partner shall indicate in the pleading that the claim asserted belongs to the
16partnership.
AB378, s. 489
17Section
489. 803.03 (3) (intro.) of the statutes is amended to read:
AB378,176,418
803.03
(3) Determination by court whenever joinder not feasible. (intro.)
19If any such person has not been so joined, the judge to whom the case has been
20assigned shall order that the person be made a party. If the
party person should join
21as a plaintiff but refuses to do so, the
party person may be made a defendant, or, in
22a proper case, an involuntary plaintiff. If a person as described in subs. (1) and (2)
1cannot be made a party, the court shall determine whether in equity and good
2conscience the action should proceed among the parties before it, or should be
3dismissed, the absent person being thus regarded as indispensable. The factors to
4be considered by the court include:
AB378, s. 490
5Section
490. 804.01 (2) (d) (intro.), 1. and 2. of the statutes are amended to
6read:
AB378,176,97
804.01
(2) (d)
Trial preparation: experts. (intro.) Discovery of facts known and
8opinions held by experts, otherwise discoverable under par. (a) and acquired or
9developed in anticipation of litigation or for trial, may be obtained
only as follows:
AB378,176,1610
1. A party may through written interrogatories require any other party to
11identify each person whom the other party expects to call as an expert witness at
12trial.
A party may depose any person who has been identified as an expert whose
13opinions may be presented at trial. Upon motion, the court may order further
14discovery by other means, subject to such restrictions as to scope and such provisions,
15pursuant to subd. 3. concerning fees and expenses as the court
may deem considers 16appropriate.
AB378,176,2217
2. A party may
, through written interrogatories or by deposition, discover facts
18known or opinions held by an expert who has been retained or specially employed by
19another party in anticipation of litigation or preparation for trial and who is not
20expected to be called as a witness at trial only upon
a motion showing
of that 21exceptional circumstances
exist under which it is impracticable for the party seeking
22discovery to obtain facts or opinions on the same subject by other means.
Note: Effectuates the treatment of this provision by Supreme Court Order 95-03
which was inadvertently not included in the 1995-96 Statutes.
AB378, s. 491
23Section
491. 804.05 (2) (c) of the statutes is amended to read:
AB378,177,7
1804.05
(2) (c) The court may upon motion order that the testimony at a
2deposition be recorded by other than stenographic means or videotape means as
3provided in ss. 885.40 to 885.47, in which event the order shall designate the manner
4of recording, preserving
, and filing the deposition
, and may include other provisions
5to assure that the recorded testimony will be accurate and trustworthy. If the order
6is made, a party may nevertheless arrange to have a stenographic transcription
7made at the party's
own expense.
AB378,177,1510
808.03
(1) Appeals as of right. (intro.) A final judgment or a final order of a
11circuit court may be appealed as a matter of right to the court of appeals unless
12otherwise expressly provided by law. A final judgment or final order is a judgment,
13order or disposition
court record that disposes of the entire matter in litigation as to
14one or more of the parties, whether rendered in an action or special proceeding, and
15that is one of the following:
AB378,177,1818
808.075
(4) (fn) 4. Hearing for
child
juvenile held in custody under s. 938.21.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
Note: There is no conflict of substance.
AB378, s. 495
1Section
495. 809.19 (8) (b) 3. b. of the statutes is amended to read:
AB378,178,42
809.19
(8) (b) 3. b. If a monospaced font is used: 10 characters per inch;
3double-spaced;
a 1.5 inch margin on the left side and
1 inch margins a one-inch 4margin on
the all other
3 sides.
Note: Corrects spelling.
AB378, s. 496
5Section
496. 812.44 (4) (form) 2. of the statutes is amended to read:
AB378,178,116
812.44
(4) (form) 2. You receive aid to families with dependent children, relief
7funded by a relief block grant under ch. 49, relief provided by counties under section
859.07 (154) of the Wisconsin Statutes, medical assistance, supplemental security
9income, food stamps, or veterans benefits based on need under
38 USC 501 to
562 10or section
45.
351 (1) of the Wisconsin Statutes, or have received these benefits within
11the past 6 months.
Note: Inserts missing number.
AB378,179,514
814.61
(12) (b)
Maintenance payments and support. (intro.) Except in counties
15that have designated a county support collection designee under s.
59.07 (97m) 59.53
16(5m), for receiving and disbursing money deposited as payment for maintenance
17payments, child support or family support payments, under interim or final orders
18in an action affecting the family, and for maintaining the records required under s.
1959.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make
20payments. Except in counties that have designated a county support collection
21designee under s.
59.07 (97m) 59.53 (5m), the court shall order each party ordered
22to make payments to pay the annual fee under this paragraph at the time of, and in
23addition to, the first payment to the clerk in each year for which payments are
1ordered. At the time of ordering the payment of an annual fee under this paragraph,
2the court shall notify each party ordered to make payments of the requirement to pay
3the annual fee and of the amount of the annual fee. If the annual fee under this
4paragraph is not paid when due, the clerk may not deduct the annual fee from the
5maintenance or support payment, but:
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
AB378,179,22
8814.612 Fees of designee for receiving and disbursing support. (intro.)
9In a county that has designated a county support collection designee under s.
59.07
10(97m) 59.53 (5m), the support collection designee, for receiving and disbursing
11money deposited as payment for maintenance payments, child support or family
12support payments, under interim or final orders in an action affecting the family, and
13for maintaining the records required under s.
59.07 (97m) 59.53 (5m) (b) 1., shall
14collect an annual fee of up to $25 to be paid by each party ordered to make payments.
15In such a county, the court shall order each party ordered to make payments to pay
16the annual fee under this section at the time of, and in addition to, the first payment
17to the support collection designee in each year for which payments are ordered. At
18the time of ordering the payment of an annual fee under this section, the court shall
19notify each party ordered to make payments of the requirement to pay the annual
20fee and of the amount of the annual fee. If the annual fee under this section is not
21paid when due, the support collection designee may not deduct the annual fee from
22the maintenance or support payment, but:
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
Note: Section 885.235 (5) is renumbered to s. 885.235 (1) by this bill.
Note: There is no conflict of substance. This provision is renumbered to s. 885.235
(1g) (a) 1. by this bill.
Note: There is no conflict of substance. This provision is renumbered to s. 885.235
(1g) (a) 2. by this bill.
Note: Relocates definitions to the beginning of the section for conformity with
current style.