2011 - 2012 LEGISLATURE
April 21, 2011 - Introduced by Senator Taylor, cosponsored by Representatives
Ziegelbauer, Brooks, D. Cullen and Roys. Referred to Committee on
Judiciary, Utilities, Commerce, and Government Operations.
1An Act to amend
805.07 (1); and to create
885.01 (6) of the statutes; relating
2to: the authority of attorneys to issue subpoenas.
Analysis by the Legislative Reference Bureau
Current law allows various public officials, including judges, court
commissioners, arbitrators, the attorney general, district attorneys, coroners,
medical examiners, boards, and chairpersons of local elected bodies, to issue a
subpoena to require the attendance of a witness at a proceeding, hearing,
examination, or trial. Under current law, an attorney of record in a civil action or
special proceeding also has the power to issue a subpoena to require the attendance
of a witness at a deposition, hearing, or trial in the civil action or special proceeding.
Attorneys representing defendants in criminal matters are not listed in the statutes
as having authority to issue subpoenas. Current law provides that the rules of
practice in civil actions apply in criminal actions, unless otherwise specified.
Current law does not, however, explicitly authorize attorneys representing criminal
defendants to issue subpoenas.
This bill specifically gives attorneys representing criminal defendants the same
power to issue subpoenas provided under current law to attorneys in civil actions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB73, s. 1
805.07 (1) of the statutes is amended to read:
805.07 (1) Issuance and service.
Subpoenas shall be issued and served in 2
accordance with ch. 885. A subpoena may also be issued by any attorney of record
3in a civil action or special proceeding to compel attendance of witnesses for
4deposition, hearing or trial in the action or special proceeding.
SB73, s. 2
885.01 (6) of the statutes is created to read:
By an attorney of record in a civil action, criminal action, or special 7
proceeding, to require the attendance of a witness for a deposition, hearing, or trial 8
in the action or special proceeding.
(1) This act first applies to actions or special proceedings pending on the 11
effective date of this subsection.