WITNESSES AND ORAL TESTIMONY
Subpoenas, who may issue.
Service of subpoena.
Municipal judge; subpoena served in state.
Witness and interpreter fees.
Witness' fees, prepayment.
State witnesses in civil actions and municipal witnesses in forfeiture actions, how paid.
State witnesses in criminal cases, how paid.
Compensation of nonresident or indigent witness.
Witness for indigent respondent or defendant.
Coercing witnesses before officers and boards.
Transactions with deceased or insane persons.
Transactions with deceased agent.
Genetic tests in civil actions.
Chemical tests for intoxication.
Presumptions as to operation and registration of motor vehicle.
Actions for public moneys, immunity.
State actions vs. corporations or limited liability companies.
Settlement and advance payment of claim for damages.
Recorded telephone conversation.
Interpreters for persons with language difficulties or hearing or speaking impairments.
Notice of videotape deposition.
Videotape deposition procedure.
Videotape costs; depositions and trials.
Videotape custody and preservation.
Videotape playback equipment.
Subpoenas, who may issue.
The subpoena need not be sealed, and may be signed and issued as follows:
By any judge or clerk of a court or court commissioner or municipal judge, within the territory in which the officer or the court of which he or she is the officer has jurisdiction, to require the attendance of witnesses and their production of lawful instruments of evidence in any action, matter or proceeding pending or to be examined into before any court, magistrate, officer, arbitrator, board, committee or other person authorized to take testimony in the state.
By the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, in any court or before any magistrate and from any part of the state.
By the chairperson of any committee of any county board, town board, common council or village board to investigate the affairs of the county, town, city or village, or the official conduct or affairs of any officer thereof.
By any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee or other person authorized to take testimony, or by any member of a board, commission, authority or committee which is authorized to take testimony, within their jurisdictions, to require the attendance of witnesses, and their production of documentary evidence before them, respectively, in any matter, proceeding or examination authorized by law; and likewise by the secretary of revenue and by any agent of the department of agriculture, trade and consumer protection.
See s. 805.07
concerning issuance of subpoenas by attorneys of record.
A taxpayer subpoenaed by the department of revenue has limited discovery rights. State v. Beno, 99 Wis. 2d 77
, 298 N.W.2d 405
(Ct. App. 1980).
A school board may issue a subpoena to compel the attendance of a witness at an expulsion hearing. Racine Unified School Dist. v. Thompson, 107 Wis. 2d 657
, 321 N.W.2d 334
(Ct. App. 1982).
A subpoenaed witness must attend a continued or postponed hearing and remain in attendance until excused. 68 Atty. Gen. 251.
Form of subpoena. 885.02(1)(1)
The subpoena may be in the following form:
State of Wisconsin
The State of Wisconsin, To ....:
You are hereby required to appear before .... (designating the court, officer or person and place of appearance), on the .... day of ...., at .... o'clock in the .... noon of that day, to give evidence in a certain cause then and there to be tried between ...., plaintiff, and ...., defendant, on the part of the .... (or to give evidence in the matter [state sufficient to identify the matter or proceeding in which the evidence is to be given] then and there to be heard, on the part of ....). Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions.
Given under my hand this .... day of ...., .... (year)
....(Give official title)
For a subpoena requiring the production of materials, the following or its equivalent may be added to the foregoing form (immediately before the attestation clause): and you are further required to bring with you the following papers and documents (describing them as accurately as possible).