LRB-1405/2
RPN:kmg:ijs
1997 - 1998 LEGISLATURE
October 15, 1997 - Introduced by Senators Burke, Moen, Decker and Plache,
cosponsored by Representatives
Cullen, Krug, Lorge and La Fave. Referred
to Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB320,1,2
1An Act to amend 805.13 (4) of the statutes;
relating to: providing the jury with
2an explanation regarding the results of their findings.
Analysis by the Legislative Reference Bureau
Under current law, in civil actions the court is required to instruct the jury on
the law involved in the case before the jury. In addition, the court provides the jury
with a complete set of written instructions that provide the burden of proof and the
substantial law to be applied to the case. This bill adds the requirement that the
court must explain to the jury the legal conclusions that will follow from the jury's
possible findings. In addition, the bill permits counsel for each party to comment on
the court's explanation.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB320, s. 1
3Section
1. 805.13 (4) of the statutes is amended to read:
SB320,2,54
805.13
(4) Instruction. The court shall instruct the jury before or after closing
5arguments of counsel. Failure to object to a material variance or omission between
6the instructions given and the instructions proposed does not constitute a waiver of
1error. The court shall provide the jury with one complete set of written instructions
2providing the burden of proof and the substantive law to be applied to the case to be
3decided.
The court shall explain to the jury the legal conclusions that will follow from
4its possible findings and shall permit counsel for each party to comment on the court's
5explanation.
SB320,2,87
(1) This act first applies to actions commenced on the effective date of this
8subsection.
