CHAPTER 885
WITNESSES AND ORAL TESTIMONY
SUBCHAPTER I
GENERAL PROVISIONS
885.01 Subpoenas, who may issue.
885.03 Service of subpoena.
885.04 Municipal judge; subpoena served in state.
885.05 Witness and interpreter fees.
885.06 Witness' fees, prepayment.
885.07 State witnesses in civil actions and municipal witnesses in forfeiture actions, how paid.
885.08 State witnesses in criminal cases, how paid.
885.09 Compensation of nonresident or indigent witness.
885.10 Witness for indigent respondent or defendant.
885.11 Disobedient witness.
885.12 Coercing witnesses before officers and boards.
885.14 Disclosure of information and sources by news person.
885.16 Transactions with deceased or insane persons.
885.17 Transactions with deceased agent.
885.205 Privileged communications.
885.23 Genetic tests in civil actions.
885.235 Chemical tests for intoxication.
885.237 Presumptions as to operation and registration of motor vehicle.
885.24 Actions for public moneys, immunity.
885.25 State actions vs. corporations or limited liability companies.
885.285 Settlement and advance payment of claim for damages.
885.365 Recorded telephone conversation.
885.37 Interpreters in municipal courts and administrative agency contested cases.
885.38 Interpreters in circuit and appellate courts.
SUBCHAPTER II
VIDEOTAPE PROCEDURE
885.43 Notice of videotape deposition.
885.44 Videotape deposition procedure.
885.45 Videotape costs; depositions and trials.
885.46 Videotape custody and preservation.
885.47 Videotape playback equipment.
SUBCHAPTER III
USE OF VIDEOCONFERENCING IN THE
CIRCUIT COURTS
885.50 Statement of intent.
885.54 Technical and operational standards.
885.56 Criteria for exercise of court's discretion.
885.58 Use in civil cases and special proceedings.
885.60 Use in criminal cases and proceedings under chapters 48, 51, 55, 938, and 980.
885.62 Waivers and stipulations.
GENERAL PROVISIONS
885.01
885.01
Subpoenas, who may issue. The subpoena need not be sealed, and may be signed and issued as follows:
885.01(1)
(1) 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.
885.01(2)
(2) 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.
885.01(3)
(3) 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.
885.01(4)
(4) 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.
885.01 Cross-reference
Cross-reference: See s.
805.07 concerning issuance of subpoenas by attorneys of record.
885.01 Annotation
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).
885.01 Annotation
A school board may issue a subpoena to compel the attendance of a witness at an expulsion hearing. Racine Unified School District v. Thompson,
107 Wis. 2d 657,
321 N.W.2d 334 (Ct. App. 1982).
885.01 Annotation
A John Doe judge has exclusive authority to subpoena witnesses in a John Doe proceeding based upon the language of s. 968.26. Hipp v. Circuit Court for Milwaukee County,
2008 WI 67,
310 Wis. 2d 342,
750 N.W.2d 873,
07-0230.
885.01 Annotation
A subpoenaed witness must attend a continued or postponed hearing and remain in attendance until excused. 68 Atty. Gen. 251.
885.02
885.02
Form of subpoena. 885.02(1)(1) The subpoena may be in the following form:
Subpoena
State of Wisconsin
.... County
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)
885.02(2)
(2) 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).
885.03
885.03
Service of subpoena. Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.
885.03 History
History: 1993 a. 486.
885.04
885.04
Municipal judge; subpoena served in state. A subpoena to require attendance before a municipal judge may be served anywhere in the state if authorized by the municipal judge, and shall require the attendance of any witness so served.
885.04 History
History: 1977 c. 305.
885.04 Annotation
This section does not authorize a municipal court to subpoena persons outside of the state; thus the court cannot order an out of state defendant to appear in person. There is no inherent authority in the court authorizing such an order. City of Sun Prairie v. Davis,
226 Wis. 2d 738,
595 N.W.2d 635 (1999),
97-1651.
885.05
885.05
Witness and interpreter fees. The fees of witnesses and interpreters are prescribed in
s. 814.67.
