AB495: Bill Text

LRB-1015/1

RPN&PJK:jld:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 495

June 14, 2005 - Introduced by Representatives Underheim, Albers and F. Lasee. Referred to Committee on Family Law.

AB495,1,2 An Act to amend 757.69 (1) (p) (intro.) and 767.12 (1); and to create 767.12 (1m) of the statutes; relating to: the right to a jury in divorce actions.

Analysis by the Legislative Reference Bureau

Under current law, with limited exceptions, all hearings and trials in actions affecting the family are before the judge. (There are exceptions for certain hearings, such as for establishing or revising a child support order, which may be before a circuit court commissioner, and for the determination of paternity in a paternity action, which may be before a jury.) This bill provides that a party in a divorce action may request a jury trial with respect to determining custody, physical placement, child or family support, or maintenance. A party may also request a jury trial for revising a custody, physical placement, child or family support, or maintenance order if the original order was entered in a divorce action. Under the bill, if a jury trial is requested, a circuit court commissioner may not hear the matter.

For further information see the 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:

AB495, s. 1 Section 1. 757.69 (1) (p) (intro.) of the statutes is amended to read:

AB495,1,5 757.69 (1) (p) (intro.) When Except when a party demands a trial by jury under s. 767.12 (1m) (b), when assigned to assist in matters affecting the family:

AB495, s. 2 Section 2. 767.12 (1) of the statutes is amended to read:

AB495,2,7 767.12 (1) Proceedings. In Except as provided in sub. (1m) and s. 767.50 (1), in actions affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 757.69 (1) (p) 3., shall be before the court judge. The testimony shall be taken by the reporter and shall be written out and filed with the record if so ordered by the court. Custody proceedings shall receive priority in being set for hearing.

AB495, s. 3 Section 3. 767.12 (1m) of the statutes is created to read:

AB495,2,11 767.12 (1m) Jury trial. (a) The parties shall have the right to a jury trial in an action for divorce with respect to determining any of the following, or in an action to revise a divorce judgment or order with respect to any of the following:

AB495,2,12 1. Custody.

AB495,2,13 2. Physical placement.

AB495,2,14 3. Child support.

AB495,2,15 4. Family support.

AB495,2,16 5. Maintenance.

AB495,2,20 (b) Any party may, upon payment of the fees prescribed in ss. 814.61 (4) and 814.62 (3) (e), file a written demand for trial by jury. If no party demands a trial by jury, the right to trial by jury is waived forever. If a jury is requested, the trial shall be before a jury selected under s. 805.08.

AB495,2,21 (c) This subsection only applies to the following actions:

AB495,2,23 1. Divorce actions that are commenced on or after the effective date of this subdivision .... [revisor inserts date].

AB495,3,2 2. Actions under s. 767.32 or 767.325 to revise or modify judgments or orders entered in divorce actions specified under subd. 1.

AB495,3,3 (End)