AB925,76,9
8(2) Guardianship of the estate. A guardianship of the estate shall terminate
9when any of the following occurs:
AB925,76,1010
(a)
When a A minor ward attains his or her majority.
AB925,76,1211
(b)
When a A minor ward lawfully marries and the court approves
such the 12termination.
AB925,76,1413
(c)
When the The court adjudicates a former incompetent or a spendthrift to
14be capable of handling his or her property.
AB925,76,1615
(d)
When a A ward dies
(unless, except when the estate can be settled as
16provided by s. 880.28
).
Note: Replaces parentheses and amends the (intro.) subsections and the
subsequent paragraphs in conformity with current style.
AB925, s. 165
17Section
165. 880.60 (2) of the statutes is amended to read:
AB925,77,218
880.60
(2) Administrator as party in interest. (a) The administrator shall be
19a party in interest in any proceeding for the appointment or removal of a guardian
20or for the removal of the disability of minority or mental incapacity of a ward, and
21in any suit or other proceeding affecting in any manner the administration by the
22guardian of the estate of any present or former ward whose estate includes assets
1derived in whole or in part from benefits heretofore or hereafter paid by the U.S.
2department of veterans affairs.
AB925,77,7
3(b) Not less than 15 days prior to a hearing in
such matter a suit or proceeding
4described in par. (a), notice in writing of the time and place
thereof of the hearing 5shall be given by mail
(, unless
notice is waived in writing
), to the office of the U.S.
6department of veterans affairs having jurisdiction over the area in which
any such 7the suit or
any such proceeding is pending.
Note: Replaces parentheses, subdivides provision and inserts specific references
for improved readability and conformity with current style.
AB925, s. 166
8Section
166. 885.44 (12) of the statutes is renumbered 885.44 (12) (a) (intro.)
9and amended to read:
AB925,77,1210
885.44
(12) (a) (intro.) The original videotape shall not be affected by any
11editing process. In its order for editing the court may
: (a) order do any of the
12following:
AB925,77,15
131. Order the official to keep the original videotape intact and make an edited
14copy of the videotape
which that deletes all references to objections and objectionable
15material
; (b) order.
AB925,77,17
162. Order the person showing the original videotape at trial to suppress the
17objectionable audio portions of the videotape
; or (c) order.
AB925,77,19
183. Order the person showing the original videotape at trial to suppress the
19objectionable audio and video portions of the videotape.
AB925,77,22
20(b) If the court
uses alternative (b) enters an order under par. (a) 2., it shall, in
21jury trials, instruct the jury to disregard the video portions of the presentation when
22the audio portion is suppressed.
AB925,78,3
1(c) If the court
uses alternative (c) enters an order under par. (a) 3., it shall, in
2jury trials, instruct the jury to disregard any deletions apparent in the playing of the
3videotape.
Note: Subdivides provision in outline form and amends the (intro.) paragraph and
the subsequent subdivisions for improved readability and conformity with current style.
AB925, s. 167
4Section
167. 891.23 of the statutes is renumbered 891.23 (1) and amended to
5read:
AB925,78,156
891.23
(1) Copies of the entries in the books of any life or mutual benefit
7insurance corporation or association engaged in doing business on the level premium
8or assessment plan, together with statements verified by the custodian of the books,
9showing the number of members insured in or belonging to the corporation or
10association, and the number of members in each class or grade thereof, and the
11aggregate amount
which that would be due from them upon a single assessment, and
12that the copies are true and are taken from the regular books of the corporation or
13association used and kept for the transaction of its business, and that the books are
14now in his or her custody or under his or her control, shall be received in all
15proceedings as prima facie evidence of the entries or statements.
AB925,79,2
16(2) No officer of any
such corporation or association
described in sub. (1) may
17be compelled
(unless by special order of the court or officer before whom the action
18or proceeding is pending) to produce any books or records
thereof of the corporation
19or association, except by special order of the court or officer before whom the action
20or proceeding is pending. Verified copies and statements shall be furnished to the
21attorney who reasonably requires them, at least 6 days before the time set for the
22trial or hearing of the action or proceeding, and the books and records shall be subject
1to the inspection of any interested party or his or her attorney to the extent
2prescribed by the court or officer.
Note: Subdivides long paragraph, inserts specific reference and cross-reference
and relocates text to accommodate the removal of parentheses for improved readability
and conformity with current style. Replaces "which" with "that" to correct grammar.
AB925, s. 168
3Section
168. 893.17 (2) of the statutes is renumbered 893.17 (2) (intro.) and
4amended to read:
AB925,79,115
893.17
(2) (intro.)
If Except as provided in sub. (2m), if a person entitled to
6commence any action for the recovery of real property or to make an entry or defense
7founded on the title to real property or to rents or services out of the
same real
8property is, at the time
such the title shall first descend or accrue,
either: within 9under any of the following disabilities, the time during which the disability continues
10is not a part of the time limited by this chapter for the commencement of the action
11or the making of the entry or defense:
AB925,79,12
12(a) The person is under the age of 18 years
; or.
AB925,79,13
13(b) The person is insane
; or.
AB925,79,18
14(c) The person is imprisoned on a criminal charge or in execution upon
15conviction of a criminal offense, for a term less than for life
, the time during which
16such disability shall continue shall not be deemed any portion of the time in this
17chapter limited for the commencement of such action or the making of such entry or
18defense; but such.
AB925,79,23
19(2m) An action
under sub. (2) may be commenced or entry or defense made,
20after the time limited and within 5 years after the disability
shall cease ceases or
21after the death of the person entitled
, who shall die dies, if the person dies while 22under
such the disability
;, but
such the action shall not be commenced or entry or
23defense made after that period.
Note: Subdivides provision in outline form and amends the (intro.) paragraph and
the subsequent paragraphs for improved readability and conformity with current style
and s. 893.18 (2), a similar and related provision.
AB925, s. 169
1Section
169. 893.18 (2) (intro.) of the statutes is amended to read:
AB925,80,82
893.18
(2) (intro.)
If a person entitled to bring an action mentioned in this
3chapter, Except as provided in sub. (2m), and except
in actions for the recovery of a
4penalty or forfeiture
or, actions against a sheriff or other officer for an escape, or
5actions for the recovery
or possession of real property
or the possession thereof is,,
6if a person entitled to bring an action mentioned in this chapter was at the time the
7cause of action accrued
, either under any of the following disabilities, the time of the
8disability is not a part of the time limited for the commencement of the action:
Note: Moves text from s. 893.18 (2) (c) and amends provision in order to conform
the style of this (intro.) subsection and the numbering of the subsection to current style.
Changes "is" to "was" for internal agreement, using the past tense as this section applies
only to actions accruing prior to 7-1-80. See the next section of this bill.
AB925, s. 170
9Section
170. 893.18 (2) (a) to (c) of the statutes are amended to read:
AB925,80,1110
893.18
(2) (a)
Within The person is under the age of 18 years, except for actions
11against health care providers
; or.
AB925,80,1212
(b)
Insane; The person is insane.
AB925,80,1513
(c)
Imprisoned The person is imprisoned on a criminal charge or in execution
14under sentence of a criminal court for a term less than life
, the time of such disability
15is not a part of the time limited for the commencement of the action, except that the.
AB925,80,19
16(2m) The period within which
the an action must be brought cannot be
17extended
under sub. (2) more than 5 years by any
such disability, except infancy
;, nor
18can
it that period be so extended
, in any case
, longer than one year after the disability
19ceases.
Note: Separates language that does not fit within the subject matter of s. 893.18
(2) (c) into a separate sub. (2m) and amends pars. (a) to (c) in accordance with the
treatment of s. 893.18 (2) (intro.) by the previous section of this bill.
AB925, s. 171
1Section
171. 895.01 (1) of the statutes is renumbered 895.01 (1) (intro.) and
2amended to read:
AB925,81,43
895.01
(1) (intro.) In addition to the causes of action that survive at common
4law,
all of the following
shall also survive:
causes
AB925,81,5
5(a) Causes of action to determine paternity
,.
AB925,81,7
6(b) Causes of action for the recovery of personal property or the unlawful
7withholding or conversion of personal property
,.
AB925,81,9
8(c) Causes of action for the recovery of the possession of real estate and for the
9unlawful withholding of the possession of real estate
,
.
AB925,81,10
10(d) Causes of action for assault and battery
,.
AB925,81,11
11(e) Causes of action for false imprisonment
,.
AB925,81,12
12(f) Causes of action for invasion of privacy
,.
AB925,81,14
13(g) Causes of action for a violation of s. 968.31 (2m) or other damage to the
14person
,.
AB925,81,16
15(h) Causes of action for all damage done to the property rights or interests of
16another
,.
AB925,81,17
17(i) Causes of action for goods taken and carried away
,.
AB925,81,18
18(j) Causes of action for damages done to real or personal estate
, equitable.
AB925,81,19
19(k) Equitable actions to set aside conveyances of real estate
,.
AB925,81,20
20(L) Equitable actions to compel a reconveyance of real estate
, or.
AB925,81,21
21(m) Equitable actions to quiet the title to real estate
, and.
AB925,81,23
22(n) Equitable actions for
a specific performance of contracts relating to real
23estate.
AB925,82,3
1(o) Causes of action for wrongful death
, which shall survive the death of the
2wrongdoer whether or not the death of the wrongdoer occurred before or after the
3death of the injured person.
Note: Subdivides long provision in outline form to break up long sentence,
consistent with current style.
AB925, s. 172
4Section
172. 895.70 (2) (b) of the statutes is amended to read:
AB925,82,125
895.70
(2) (b) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05
6(intro.) (1g) (a), in an action brought under this section, the plaintiff may substitute
7his or her initials, or fictitious initials, and his or her age and county of residence for
8his or her name and address on the summons and complaint. The plaintiff's attorney
9shall supply the court the name and other necessary identifying information of the
10plaintiff. The court shall maintain the name and other identifying information, and
11supply the information to other parties to the action, in a manner
which that 12reasonably protects the information from being disclosed to the public.
Note: Amends cross-reference. Section 815.05 (intro.) is renumbered s. 815.05
(1g) (a) by this bill. Replaces incorrectly used "which" in conformity with current style.
AB925, s. 173
13Section
173. 902.01 (2) of the statutes is renumbered 902.01 (2) (intro.) and
14amended to read:
AB925,82,1615
902.01
(2) Kinds of facts. (intro.) A judicially noticed fact must be one not
16subject to reasonable dispute in that it is
either
any of the following:
AB925,82,1817
(a)
A fact generally known within the territorial jurisdiction of the trial court
18or.
AB925,82,2019
(b)
A fact capable of accurate and ready determination by resort to sources
20whose accuracy cannot reasonably be questioned.
Note: Renumbers provision in outline form consistent with current style and
amends the (intro.) subsection and subsequent paragraphs accordingly.
AB925, s. 174
1Section
174. 906.11 (1) of the statutes is renumbered 906.11 (1) (intro.) and
2amended to read:
AB925,83,53
906.11
(1) (intro.)
Control by judge. The judge shall exercise reasonable
4control over the mode and order of interrogating witnesses and presenting evidence
5so as to
do all of the following:
AB925,83,76
(a)
make Make the interrogation and presentation effective for the
7ascertainment of the truth
,.
AB925,83,88
(b)
avoid Avoid needless consumption of time
, and.
AB925,83,99
(c)
protect Protect witnesses from harassment or undue embarrassment.
Note: Renumbers provision in outline form consistent with current style and
amends the (intro.) subsection and subsequent paragraphs accordingly.
AB925, s. 175
10Section
175. 906.13 (2) of the statutes is renumbered 906.13 (2) (a) (intro.) and
11amended to read:
AB925,83,1312
906.13
(2) (a) (intro.) Extrinsic evidence of a prior inconsistent statement by
13a witness is not admissible unless
: (a) the any of the following is applicable:
AB925,83,15
141. The witness was so examined while testifying as to give the witness an
15opportunity to explain or to deny the statement
; or (b) the.
AB925,83,17
162. The witness has not been excused from giving further testimony in the
17action
; or (c) the.
AB925,83,18
183. The interests of justice otherwise require.
This provision
AB925,83,20
19(b) Paragraph (a) does not apply to admissions of a party-opponent as defined
20in s. 908.01 (4) (b).
Note: Renumbers provision in outline form consistent with current style and
amends the (intro.) subsection and subsequent paragraphs accordingly. Inserts specific
cross-references.
AB925, s. 176
21Section
176. 908.03 (3) of the statutes is amended to read:
AB925,84,6
1908.03
(3) Then existing mental, emotional, or physical condition. A
2statement of the declarant's then existing state of mind, emotion, sensation, or
3physical condition
(, such as intent, plan, motive, design, mental feeling, pain, and
4bodily health
), but not including a statement of memory or belief to prove the fact
5remembered or believed unless it relates to the execution, revocation, identification,
6or terms of declarant's will.
Note: Replaces parentheses consistent with current style.
AB925, s. 177
7Section
177. 908.03 (22) of the statutes is amended to read:
AB925,84,148
908.03
(22) Judgment of previous conviction. Evidence of a final judgment,
9entered after a trial or upon a plea of guilty
(, but not upon a plea of no contest
),
10adjudging a person guilty of a felony as defined in ss. 939.60 and 939.62 (3) (b), to
11prove any fact essential to sustain the judgment, but not including, when offered by
12the state in a criminal prosecution for purposes other than impeachment, judgments
13against persons other than the accused. The pendency of an appeal may be shown
14but does not affect admissibility.
Note: Replaces parentheses consistent with current style.
AB925, s. 178
15Section
178. 908.045 (5) (a) of the statutes is renumbered 908.045 (5) and
16amended to read:
AB925,84,2217
908.045
(5) Statement of personal or family history of declarant. A
18statement concerning the declarant's own birth, adoption, marriage, divorce,
19relationship by blood, adoption or marriage, ancestry, whether the person is a
20marital or nonmarital child, or other similar fact of personal or family history, even
21though declarant had no means of acquiring personal knowledge of the matter
22stated
; or (b) a.
AB925,85,7
1(5m) A statement concerning the
foregoing matters, birth, adoption, marriage,
2divorce, relationship by blood, adoption or marriage, ancestry, whether the person
3is a marital or nonmarital child, or other similar fact of personal or family history and
4death
also, of
another a person
other than the declarant, if the declarant was related
5to the other
person by blood, adoption or marriage or was so intimately associated
6with the
other's other person's family as to be likely to have accurate information
7concerning the matter declared.
Note: Eliminates numbering not in conformity with current style by dividing
provision into 2 separate subsections and inserting specific references into the new sub.
(5m). See the next section of this bill.
AB925, s. 179
8Section
179. 908.045 (5m) (title) of the statutes is created to read:
AB925,85,109
908.045
(5m) (title)
Statement of personal or family history of person other
10than the declarant.