AB768,289,24 15788.01 Arbitration clauses in contracts enforceable. A provision in any
16written contract to settle by arbitration a controversy thereafter arising out of such
17contract, or out of the refusal to perform the whole or any part thereof, or an
18agreement in writing between two or more persons to submit to arbitration any
19controversy existing between them at the time of the agreement to submit, shall be
20valid, irrevocable and enforceable save upon such grounds as exist at law or in equity
21for the revocation of any contract. This chapter shall not apply to contracts between
22employers and employes, or between employers and associations of employes, except
23as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 101.143 (6s)
24or
230.44 (4) (bm).
AB768, s. 642
1Section 642. 801.02 (7) of the statutes is renumbered 801.02 (7) (c) and
2amended to read:
AB768,290,133 801.02 (7) (c) No prisoner, as defined in s. 301.01 (2), may commence a civil
4action or special proceeding against an officer, employe or agent of the department
5of corrections in his or her official capacity or as an individual for acts or omissions
6committed while carrying out his or her duties as an officer, employe or agent or while
7acting within the scope of his or her office, employment or agency
, including a petition
8for a common law writ of certiorari, with respect to the prison or jail conditions in the
9facility in which he or she is or has been incarcerated, imprisoned or detained
until
10the person has exhausted any all available administrative remedies that the
11department of corrections has promulgated by rule
. Except for petitions for a
12common law writ of certiorari, a prisoner commencing an action or special proceeding
13shall first comply with the provisions of s. 893.80 or 893.82
.
AB768, s. 643 14Section 643. 801.02 (7) (a), (b) and (d) of the statutes are created to read:
AB768,290,1515 801.02 (7) (a) In this subsection:
AB768,290,2116 1. "Correctional institution" means any state or local facility that incarcerates
17or detains any adult accused of, charged with, convicted of, or sentenced for any crime
18or that incarcerates or detains any juvenile alleged to be delinquent or adjudicated
19to be delinquent on the basis of conduct that, if committed by an adult, would be a
20crime. A correctional institution includes a Type 1 prison, as defined in s. 301.01 (5),
21a Type 2 prison, as defined in s. 301.01 (6), a county jail and a house of correction.
AB768,290,2422 2. "Prisoner" means any person who is incarcerated, imprisoned or otherwise
23detained in a correctional institution or who is arrested or otherwise detained by a
24law enforcement officer.
AB768,291,3
13. "Prison or jail conditions" means any matter related to the conditions of
2confinement or to the effects of actions by government officers, employes or agents
3on the lives of prisoners, but excluding the fact or duration of the confinement.
AB768,291,54 (b) Review by the common law writ of certiorari is a prisoner's exclusive remedy
5for doing any of the following:
AB768,291,76 1. Challenging the validity of a decision relating to prisoner discipline, the
7revocation of probation or the denial or revocation of parole.
AB768,291,118 2. Challenging the disposition of a complaint concerning prison or jail
9conditions, including a complaint concerning a program assignment, institution
10assignment or security classification, for which there is an adequate administrative
11remedy.
AB768,291,2312 (d) At the time of filing the initial pleading to commence an action or special
13proceeding, including a petition for a common law writ of certiorari, related to prison
14or jail conditions, a prisoner shall include, as part of the initial pleading,
15documentation showing that he or she has exhausted all available administrative
16remedies. The documentation shall include copies of all of the written materials that
17he or she provided to the administrative agency as part of the administrative
18proceeding and all of the written materials the administrative agency provided to
19him or her related to that administrative proceeding. The documentation shall also
20include all written materials included as part of any administrative appeal. The
21court shall deny a prisoner's request to proceed without the prepayment of fees and
22costs under s. 814.29 (1m) if the prisoner fails to comply with this paragraph or if the
23prisoner has failed to exhaust all available administrative remedies.
AB768, s. 644 24Section 644. 801.09 (2) (a) of the statutes is amended to read:
AB768,292,6
1801.09 (2) (a) Within 20 days, or within 45 days if the defendant is the state
2or an officer, agent, employe or agency of the state in an action or special proceeding
3brought within the purview of s. 893.82 or 895.46
, exclusive of the day of service, after
4the summons has been served personally upon the defendant or served by
5substitution personally upon another authorized to accept service of the summons
6for the defendant; or
AB768, s. 645 7Section 645. 802.05 (3) of the statutes is created to read:
AB768,292,108 802.05 (3) (a) A court shall review the initial pleading as soon as practicable
9after the action or special proceeding is filed with the court if the action or special
10proceeding is commenced by a prisoner, as defined in s. 801.02 (7) (a) 2.
AB768,292,1311 (b) The court may dismiss the action or special proceeding without requiring
12the defendant to answer the pleading if the court determines that the action or
13special proceeding meets any of the following conditions:
AB768,292,1414 1. Is frivolous, as determined under s. 814.025 (3).
AB768,292,1615 2. Is used for any improper purpose, such as to harass, to cause unnecessary
16delay or to needlessly increase the cost of litigation.
AB768,292,1717 3. Seeks monetary damages from a defendant who is immune from such relief.
AB768,292,1818 4. Fails to state a claim upon which relief may be granted.
AB768,292,2019 (c) The court may dismiss the underlying claim under par. (b) without first
20requiring the exhaustion of administrative remedies.
AB768,292,2421 (d) If a court dismisses an action or special proceeding under par. (b), the court
22shall notify the department of justice or the attorney representing the political
23subdivision, as appropriate, of the dismissal by a procedure developed by the director
24of state courts in cooperation with the department of justice.
AB768,293,3
1(e) The dismissal of an action or special proceeding under par. (b) does not
2relieve the prisoner from paying the full filing fee related to that action or special
3proceeding.
AB768,293,124 (f) Notwithstanding s. 814.29 (1m) (i), a prisoner who has a 2nd or succeeding
5action or proceeding dismissed under this section, including a petition for a common
6law writ of certiorari, shall be held in contempt of court for interfering with the
7administration of justice. The court shall impose a sanction under s. 785.04 and shall
8prohibit the prisoner from filing any other action or special proceeding in state court
9for the earlier of 2 years after the date of the sanction or until the prisoner pays any
10monetary sanction. The court may permit a prisoner to commence an action or
11special proceeding, notwithstanding this paragraph, if the court determines that the
12prisoner is in imminent danger of serious physical injury.
AB768, s. 646 13Section 646. 802.06 (1) of the statutes is amended to read:
AB768,294,814 802.06 (1) When presented. A Except as provided under sub. (1m) or when
15a court dismisses an action or special proceeding under s. 802.05 (3), a
defendant
16shall serve an answer within 20 days after the service of the complaint upon the
17defendant. If a guardian ad litem is appointed for a defendant, the guardian ad litem
18shall have 20 days after appointment to serve the answer. A party served with a
19pleading stating a cross-claim against the party shall serve an answer thereto
20within 20 days after the service upon the party. The plaintiff shall serve a reply to
21a counterclaim in the answer within 20 days after service of the answer. The Except
22as provided under sub. (1m), the
state or an agency of the state or an officer, employe
23or agent of the state in an action brought within the purview of s. 893.82 or 895.46
24shall serve an answer to the complaint or to a cross-claim or a reply to a counterclaim
25within 45 days after service of the pleading in which the claim is asserted. If any

1pleading is ordered by the court, it shall be served within 20 days after service of the
2order, unless the order otherwise directs. The service of a motion permitted under
3sub. (2) alters these periods of time as follows, unless a different time is fixed by order
4of the court: if the court denies the motion or postpones its disposition until the trial
5on the merits, the responsive pleading shall be served within 10 days after notice of
6the court's action; or if the court grants a motion for a more definite statement, the
7responsive pleading shall be served within 10 days after the service of the more
8definite statement.
AB768, s. 647 9Section 647. 802.06 (1m) of the statutes is created to read:
AB768,294,1610 802.06 (1m) Waiver of answer. (a) A defendant may waive the right to answer
11or to submit a responsive pleading to a complaint or other pleading in any action or
12special proceeding brought by a prisoner, as defined in s. 801.02 (7) (a) 2. The failure
13to respond to an action or special proceeding related to prison or jail conditions shall
14act as an affirmative defense against all of the allegations contained in the complaint
15or other pleading and shall not be considered as a waiver of any affirmative defense
16or of immunity.
AB768,294,2117 (b) The court shall review the pleadings submitted under this subsection, grant
18relief to the defendant or, if the court determines that the plaintiff has a reasonable
19opportunity to prevail on the merits, order the defendant to answer or to submit a
20responsive pleading. No relief may be granted to the plaintiff unless an answer or
21responsive pleading has been submitted.
AB768, s. 648 22Section 648. 802.06 (2) (a) (intro.) of the statutes is amended to read:
AB768,295,223 802.06 (2) (a) (intro.) Every Except as provided under sub. (1m), every defense,
24in law or fact, except the defense of improper venue, to a claim for relief in any
25pleading, whether a claim, counterclaim, cross-claim, or 3rd-party claim, shall be

1asserted in the responsive pleading thereto if one is required, except that the
2following defenses may at the option of the pleader be made by motion:
AB768, s. 649 3Section 649. 804.01 (1) of the statutes is amended to read:
AB768,295,104 804.01 (1) Discovery methods. Parties may obtain discovery by one or more
5of the following methods: depositions upon oral examination or written questions;
6written interrogatories; production of documents or things or permission to enter
7upon land or other property, for inspection and other purposes; physical and mental
8examinations; and requests for admission. Unless the court orders otherwise under
9sub. (3), and except as provided in s. 804.015, the frequency of use of these methods
10is not limited.
AB768, s. 650 11Section 650. 804.015 of the statutes is created to read:
AB768,295,13 12804.015 Limits on discovery by prisoners. (1) In this section,"prisoner"
13has the meaning given s. 801.02 (7) (a) 2.
AB768,295,21 14(2) Unless ordered by the court, a prisoner in an action or special proceeding
15may not obtain discovery before the court receives a copy of the answer or other
16responsive pleading in the action commenced by the prisoner. If a defendant waives
17his or her answer under s. 802.06 (1m) or submits a motion to dismiss or a motion
18for summary judgment, no discovery may be obtained until the court decides that the
19prisoner has a reasonable opportunity to prevail on the merits, or until the court
20decides the merits of the motion, unless the court orders a party to submit to
21discovery.
AB768,296,4 22(3) If a court allows a prisoner to obtain discovery under sub. (2) before the court
23decides that the prisoner has a reasonable opportunity to prevail on the merits,
24receives a copy of the answer or other responsive pleading in the action, or decides
25the merits of a motion to dismiss or a motion for summary judgment, the court order

1shall be narrowly tailored to limit the discovery to allow only discovery that is
2essential to enable the prisoner to obtain the evidence necessary to his or her case.
3The court shall limit the discovery so as to provide a minimal intrusion in the
4activities of any person subject to discovery under this subsection.
AB768,296,8 5(4) If a prisoner commences an action or special proceeding, the court shall
6limit the number of requests for interrogatories, production of documents or
7admissions to 15, unless good cause is shown for any additional requests. This
8number may not be expanded by the use of subparts to the interrogatories.
AB768, s. 651 9Section 651. 804.05 (1) of the statutes is amended to read:
AB768,296,1910 804.05 (1) When depositions may be taken. After commencement of the action,
11except as provided in s. 804.015, any party may take the testimony of any person
12including a party by deposition upon oral examination. The attendance of witnesses
13may be compelled by subpoena as provided in s. 805.07. The attendance of a party
14deponent or of an officer, director or managing agent of a party may be compelled by
15notice to the named person or attorney meeting the requirements of sub. (2) (a). Such
16notice shall have the force of a subpoena addressed to the deponent. The deposition
17of a person confined in prison may be taken only by leave of court on such terms as
18the court prescribes, except when the party seeking to take the deposition is the state
19agency or officer to whose custody the prisoner has been committed.
AB768, s. 652 20Section 652. 804.06 (1) (a) of the statutes is amended to read:
AB768,297,521 804.06 (1) (a) After commencement of the action, except as provided in s.
22804.015,
any party may take the testimony of any person, including a party, by
23deposition upon written questions. The attendance of witnesses may be compelled
24by subpoena as provided in s. 805.07. The attendance of a party deponent or of an
25officer, director, or managing agent of a party may be compelled by notice to the

1person to be deposed or his or her attorney meeting the requirements of s. 804.05 (2)
2(a). The deposition of a person confined in prison may be taken only by leave of court
3on such terms as the court prescribes, except when the person seeking to take the
4deposition is the state agency or officer to whose custody the prisoner has been
5committed.
AB768, s. 653 6Section 653. 804.08 (1) (a) of the statutes is amended to read:
AB768,297,157 804.08 (1) (a) Any Except as provided in s. 804.015, any party may serve upon
8any other party written interrogatories to be answered by the party served, or, if the
9party served is a public or private corporation or a limited liability company or a
10partnership or an association or a governmental agency or a state officer in an action
11arising out of the officer's performance of employment, by any officer or agent, who
12shall furnish such information as is available to the party. Interrogatories may,
13without leave of court, be served upon the plaintiff after commencement of the action
14and upon any other party with or after service of the summons and complaint upon
15that party.
AB768, s. 654 16Section 654. 804.09 (2) of the statutes is amended to read:
AB768,298,617 804.09 (2) Procedure. The Except as provided in s. 804.015, the request may,
18without leave of court, be served upon the plaintiff after commencement of the action
19and upon any other party with or after service of the summons and complaint upon
20that party. The request shall specify a reasonable time, place, and manner of making
21the inspection and performing the related acts. The party upon whom the request
22is served shall serve a written response within 30 days after the service of the
23request, except that a defendant may serve a response within 45 days after service
24of the summons and complaint upon that defendant. The court may allow a shorter
25or longer time. The response shall state, with respect to each item or category, that

1inspection and related activities will be permitted as requested, unless the request
2is objected to, in which event the reasons for objection shall be stated. If objection
3is made to part of an item or category, the part shall be specified. The party
4submitting the request may move for an order under s. 804.12 (1) with respect to any
5objection to or other failure to respond to the request or any part thereof, or any
6failure to permit inspection as requested.
AB768, s. 655 7Section 655. 804.11 (1) (a) of the statutes is amended to read:
AB768,298,178 804.11 (1) (a) A Except as provided in s. 804.015, a party may serve upon any
9other party a written request for the admission, for purposes of the pending action
10only, of the truth of any matters within the scope of s. 804.01 (2) set forth in the
11request that relate to statements or opinions of fact or of the application of law to fact,
12including the genuineness of any documents described in the request. Copies of
13documents shall be served with the request unless they have been or are otherwise
14furnished or made available for inspection and copying. The request may, without
15leave of court, be served upon the plaintiff after commencement of the action and
16upon any other party with or after service of the summons and complaint upon that
17party.
AB768, s. 656 18Section 656. 806.025 of the statutes is created to read:
AB768,298,20 19806.025 Payment of judgment in cases involving prisoners. (1) In this
20section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,298,22 21(2) If a court enters a judgment for a monetary award on behalf of a prisoner,
22the court shall apply the provisions of s. 814.04 (1m) and do all of the following:
AB768,299,223 (a) Order that the award be used to satisfy any unpaid court order of restitution
24against the prisoner and any other civil judgment in favor of a victim of a crime
25committed by the prisoner. If the amount of the monetary award is insufficient to

1pay all these unpaid orders and judgments, the orders and judgments shall be paid
2based on the length of time they have existed, the oldest order being paid first.
AB768,299,53 (am) If money remains after the payment of all unpaid orders and judgments
4under par. (a), order reimbursement to the department of justice for an award made
5under ch. 949 for which the department is subrogated under s. 949.15.
AB768,299,96 (b) If money remains after the payment of reimbursement under par. (am),
7order the payment of court costs or filing fees previously assessed against the
8prisoner by a state court that remain unpaid, with the oldest costs or fees being paid
9first.
AB768,299,1110 (c) If money remains after the payment of all court costs or filing fees under par.
11(b), order the payment of any unpaid litigation loan, as defined in s. 301.328 (1).
AB768,299,2012 (d) If any money remains after the payments under pars. (a) to (c), request that
13the department of corrections make a reasonable effort to notify any victims of the
14crime for which the prisoner was convicted and imprisoned, incarcerated or confined
15of the pending payment of a monetary award to the prisoner. The department of
16corrections shall inform the court of whether any victims were notified. The court
17shall withhold any payment to the prisoner under par. (e) for a reasonable time after
18the department of corrections notifies the court that a victim was notified so that the
19victim may have time to petition the court regarding payments to that victim from
20the remaining money.
AB768,299,2221 (e) Order that any money remaining after all payments are made under pars.
22(a) to (d) be paid to the prisoner.
AB768, s. 657 23Section 657. 807.04 of the statutes is renumbered 807.04 (1) and amended to
24read:
AB768,300,4
1807.04 (1) All Except as provided under sub. (2), all trials, and all hearings at
2which oral testimony is to be presented, shall be held in open court. The court may
3make any order which a judge or court commissioner has power to make. Court
4commissioners shall have the powers provided in ch. 753 or by other statute.
AB768, s. 658 5Section 658. 807.04 (2) of the statutes is created to read:
AB768,300,156 807.04 (2) All hearings in which oral testimony is to be presented in an action
7or special proceeding that is commenced by a prisoner, as defined in s. 801.02 (7) (a)
82., shall be conducted by telephone, interactive video and audio transmission or other
9live interactive communication without removing him or her from the facility or
10institution if his or her participation is required or permitted and if the official
11having custody of him or her agrees. The court in which the action or special
12proceeding is commenced shall, when feasible, also allow counsel, witnesses and
13other necessary persons to participate in the hearing by telephone, interactive video
14and audio transmission or other live interactive communication. The procedures and
15policies under s. 807.13 shall apply to the extent feasible.
AB768, s. 659 16Section 659. 807.15 of the statutes is created to read:
AB768,300,18 17807.15 Penalty for certain actions by prisoners. (1) In this section,
18"prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,300,24 19(2) In any action or special proceeding, including a petition for a common law
20writ of certiorari, brought by a prisoner, the court may, on its own motion or on the
21motion of any party, order the department of corrections to extend the prisoner's
22mandatory release date calculated under s. 302.11 (1) or order the sheriff to deprive
23the prisoner of good time under s. 302.43 if the court finds that any of the following
24applies:
AB768,300,2525 (a) The action or special proceeding was filed for a malicious purpose.
AB768,301,2
1(b) The action or special proceeding was filed solely to harass the party against
2which it was filed.
AB768,301,43 (c) The prisoner testifies falsely or otherwise knowingly offers false evidence
4or provides false information to the court.
AB768,301,8 5(3) (a) Subject to par. (b), if a court orders the department of corrections to
6extend a prisoner's mandatory release date or orders the sheriff to deprive the
7prisoner of good time under sub. (2), the order shall specify the number of days by
8which the mandatory release date is to be extended or the good time deprived.
AB768,301,119 (b) An order under sub. (2) to extend a prisoner's mandatory release date or
10deprive a prisoner of good time may not require the prisoner to serve more days than
11provided for under the prisoner's sentence.
AB768,301,13 12(4) This section applies to prisoners who committed an offense on or after the
13effective date of this subsection .... [revisor inserts date].
AB768, s. 660 14Section 660. 808.04 (5) of the statutes is repealed.
AB768, s. 661 15Section 661. 809.103 of the statutes is created to read:
AB768,301,17 16809.103 Appeals in proceedings related to prisoners. (1) In this section,
17"prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,301,19 18(2) (a) An appellate court shall review the trial court record as soon as
19practicable after the record is filed with the court if the appeal is taken by a prisoner.
AB768,301,2220 (b) The appellate court may dismiss the appeal without requiring the
21respondent to respond to the appeal if the appellate court determines that the appeal
22meets any of the following conditions:
AB768,301,2323 1. Is frivolous, as determined under s. 814.025 (3).
AB768,301,2524 2. Is used for any improper purpose, such as to harass, to cause unnecessary
25delay or to needlessly increase the cost of litigation.
AB768,302,2
13. Seeks review of a denial of monetary damages from a defendant who is
2immune from such relief.
AB768,302,33 4. There is no ground upon which relief may be granted.
AB768,302,64 (c) If a court dismisses an appeal under par. (b), the appellate court shall notify
5the department of justice of the dismissal by a procedure developed by the director
6of state courts in cooperation with the department of justice.
AB768,302,87 (d) The dismissal of an appeal under par. (b) does not relieve the prisoner from
8paying the full filing fee related to the appeal.
AB768, s. 662 9Section 662. 813.02 (1) (c) of the statutes is created to read:
AB768,302,1310 813.02 (1) (c) If the court determines that a temporary injunction may be
11granted under par. (a) to a prisoner, as defined in s. 801.02 (7) (a) 2., in any action
12or special proceeding with respect to prison or jail conditions, as defined in s. 801.02
13(7) (a) 3., the following apply:
AB768,302,1914 1. The court may not issue the injunction until giving notice and an opportunity
15to be heard on the request for a preliminary injunction to the attorney general, if the
16case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7)
17(a) 1., or to the attorney representing the local correctional institution involved and
18to all other interested parties. Any injunction issued without giving notice and an
19opportunity to be heard is void.
AB768,302,2420 2. Any temporary injunction issued shall meet the requirements in s. 813.40
21(1) (b). When determining what to require in the temporary injunction, the court
22shall give substantial weight to any adverse impact on public safety or on the
23operation of the facility involved in the action or special proceeding caused by the
24temporary injunction.
AB768,303,4
13. Any temporary injunction issued under this paragraph shall expire no later
2than 90 days after the day the temporary injunction is issued unless the court makes
3a finding that the requirements under s. 813.40 (1) (b) are met and makes the order
4final before the expiration of the 90-day period.
AB768, s. 663 5Section 663. 813.40 of the statutes is created to read:
AB768,303,6 6813.40 Injunctive relief in prison condition cases. (1) (a) In this section:
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