1995 Wisconsin Act 225

753.06 (10) (g) Eau Claire county County. The circuit has 4 branches. Commencing August 1, 1994, the circuit has 5 branches.

Note: Deletes obsolete transition provision.

225,491 Section 491 . 753.06 (10) (k) of the statutes is amended to read:

753.06 (10) (k) St. Croix county County. The circuit has 2 branches. Commencing August 1, 1994, the circuit has 3 branches.

Note: Deletes obsolete transition provision.

225,492 Section 492 . 753.35 (1) of the statutes, as affected by 1994 Supreme Court Order 94-09, is amended to read:

753.35 (1) A circuit court may, subject to to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule's effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the state bar of Wisconsin and the state law library and the office of the director of state courts. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

Note: Corrects transcription error.

225,493 Section 493 . 757.60 (8) of the statutes is amended by replacing “Oconto and, Outagamie and Waupaca" with “Oconto, Outagamie and Waupaca".

Note: Deletes surplus “and".

225,494 Section 494 . 758.19 (5) (e) 1. to 4. of the statutes are repealed.

Note: Through an engrossing error, this provision was unintentionally deleted from 1995 Wis. Act 27. The amendment by Act 27 made subds. 1. to 4. surplusage.

225,495 Section 495 . 767.32 (1) (b) 3. of the statutes is created to read:

767.32 (1) (b) 3. Failure of the payer to furnish a timely disclosure under s. 767.27 (2m).

Note: 1993 Wis. Act 16 created s. 767.32 (1) (b) 3. identical to this provision. The original draft of Act 16 also created s. 767.27 (2m). Section 767.27 (2m) was deleted from Act 16 as adopted rendering s. 767.32 (1) (b) 3. without effect and was subsequently repealed by 1993 Wis. Act 491, a revisor's correction bill. As a result of the May 1993 special session of the legislature, 1993 Wis. Act 481 created section 767.27 (2m) identical to the provision originally included in 1993 Wis. Act 16. This provision restores section 767.32 (1) (b) 3. as it was created by 1993 Wis. Act 16 and as it existed at the time 1993 Wis. Act 481 was drafted.

225,496 Section 496 . 769.305 (2) (i) of the statutes is amended by replacing “818.02 (1) (f)" with “818.02 (6)".

Note: Corrects cross-reference. Section 818.02 (1) (f) was renumbered s. 818.02 (6) by 1993 Wis. Act 481.

225,497 Section 497 . 779.01 (4) of the statutes is amended by replacing “144.76 (6) (d)" with “144.77 (6) (d)".

Note: Corrects cross-reference inserted by 1993 Wis. Act 453. There is no s. 144.76 (6) (d).

225,498 Section 498 . 779.40 (1) of the statutes is amended by replacing “144.76 (6) (d)" with “144.77 (6) (d)".

Note: Corrects cross-reference inserted by 1993 Wis. Act 453. There is no s. 144.76 (6) (d).

225,499 Section 499 . 802.06 (8) (a) of the statutes is renumbered 802.06 (8) (a) (intro.) and amended to read:

802.06 (8) (a) (intro.) A defense of lack of jurisdiction over the person or the property, insufficiency of process, untimeliness or insufficiency of service of process or another action pending between the same parties for the same cause is waived only if any of the following conditions is met:

1) if it. The defense is omitted from a motion in the circumstances described in sub. (7), or.

2) if it. The defense is neither made by motion under this section nor included in a responsive pleading.

Note: Subdivides provision for greater readability and conformity with current style.

225,500 Section 500 . 802.12 (3) (d) (intro.) of the statutes is amended to read:

802.12 (3) (d) (intro.) The parties, including any guardian ad litem for their child, amy may agree to resolve any of the following issues through binding arbitration:

Note: Corrects transcription error.

225,501 Section 501 . 804.07 (1) (c) of the statutes is renumbered 804.07 (1) (c) 1. (intro.) and amended to read:

804.07 (1) (c) 1. (intro.) The deposition of a witness other than a medical expert, whether or not a party, may be used by any party for any purpose if the court finds: 1. that the any of the following:

a. That the witness is dead; or 2. that the.

b. That the witness is at a greater distance than 30 miles from the place of trial or hearing, or is out of the state, and will not return before the termination of the trial or hearing, unless it appears that the absence of the witness was procured by the party offering the deposition; or 3. that the.

c. That the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment ; or 4. that the.

d. That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5. upon.

e. Upon application and notice, that such exceptional circumstances exist as to that make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

2. The deposition of a medical expert may be used by any party for any purpose, without regard to the limitations otherwise imposed by this paragraph.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,502 Section 502 . 809.70 (1) of the statutes is renumbered 809.70 (1) (intro.) and amended to read:

809.70 (1) (intro.) A person may request the supreme court to take jurisdiction of an original action by filing a petition which may be supported by a memorandum. The petition must contain statements all of the following:

(a) A statement of the issues presented by the controversy;.

(b) A statement of the facts necessary to an understanding of the issues;.

(c) A statement of the relief sought; and.

(d) A statement of the reasons why the court should take jurisdiction.

Note: Subdivides provision for greater readability and conformity with current style.

225,503 Section 503 . 809.83 (1) of the statutes is renumbered 809.83 (1) (a) (intro.) and amended to read:

809.83 (1) (a) (intro.) If the court finds that an appeal was taken for the purpose of delay, it may award: (a) double any of the following:

1. Double costs; (b) a.

2. A penalty in addition to interest not exceeding 10% on the amount of the judgment affirmed; (c) damages .

3. Damages occasioned by the delay; and (d) reasonable attorneys.

4. Reasonable attorney fees.

(b) A motion for costs, penalties, damages and fees under this subsection shall be filed no later than the filing of the respondent's brief or, if a cross-appeal is filed, the cross-respondent's brief.

Note: Subdivides provision for greater readability and conformity with current style.

225,504 Section 504 . 810.13 of the statutes is renumbered 810.13 (1) (intro.) and amended to read:

810.13 (1) (intro.) Upon the trial, the court or jury shall find: (1) whether all of the following:

(a) Whether the plaintiff is entitled to possession of the property involved; (2) whether.

(b) Whether the defendant unlawfully took or detained the same; (3) the property involved.

(c) The value thereof; (4) the of the property involved.

(d) The damages sustained by the successful party from any unlawful taking or unjust detention of the property to the time of the trial.

(2) Judgment shall go be entered in accordance with s. 810.14.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,505 Section 505 . 814.70 (9) (a) 5. of the statutes is amended to read:

814.70 (9) (a) 5. Recording a certificate of sale with the register of deeds.

Note: Inserts missing “the".

225,506 Section 506 . 815.58 of the statutes is amended by replacing “incumbrancer" with “encumbrancer" and by replacing “incumbrance" with “encumbrance".

Note: Inserts preferred spelling.

225,507 Section 507 . 818.12 of the statutes is amended by replacing “deliver it to clerk" with “deliver it to the clerk".

Note: Inserts “the" for improved readability.

225,508 Section 508 . The amendment of 818.20 of the statutes by 1993 Wisconsin Act 481 is not repealed by 1993 Wisconsin Act 486. Both amendments stand.

Note: There is no conflict of substance.

225,509 Section 509 . 853.13 of the statutes is amended to read:

853.13 When will is contractual. (1) A contract not to revoke a will can be established only by any of the following:

(a) provisions Provisions of the will itself sufficiently stating the contract;.

(b) an An express reference in the will to such a contract not to revoke the will and evidence proving the terms of the contract; or.

(c) if If the will makes no reference to a contract, clear and convincing evidence apart from the will.

(2) This section applies to a joint will (, except if one of the testators has died prior to April 1, 1971) , as well as to any other will; there. There is no presumption that the testators of a joint will have contracted not to revoke it.

Note: Replaces parentheses and punctuation consistent with current style.

225,510 Section 510 . 853.59 (form) (2) (A) of the statutes is amended by replacing “education [of my descendants]" with “education".

Note: Deletes surplusage language consistent with the terminology of this provision.

225,511 Section 511 . 863.11 (1) of the statutes is renumbered 863.11 (1) (a) (intro.) and amended to read:

863.11 (1) (a) (intro.) Except as provided in sub. (2) and s. 853.25, shares of the distributees abate, without any preference or priority as between real and personal property, in the following order: (a) property

1. Property not disposed of by the will; (b) residuary.

2. Residuary bequests; (c) general .

3. General bequests; (d) specific .

4. Specific bequests.

(b) A general bequest charged on any specific property or fund is, for purposes of abatement, deemed considered property specifically bequeathed to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it is deemed considered a general bequest to the extent of the failure or insufficiency. Abatement within each classification under par. (a) 1. to 4. is in proportion to the amounts of that property each of the beneficiaries would have received had full distribution of that property been made in accordance with the terms of the will.

Note: Subdivides provision for greater readability and consistency with style.

225,512 Section 512 . 879.23 (1) of the statutes is amended by replacing “persons whose interest are" with “persons whose interests are".

Note: Corrects spelling.