LRB-1959/1
RPN:jld:rs
2005 - 2006 LEGISLATURE
April 7, 2005 - Introduced by Senators Decker, Darling, Hansen, Risser and
Wirch, cosponsored by Representatives
Kessler, Musser, Bies, Hahn and
Nelson. Referred to Committee on Judiciary, Corrections and Privacy.
SB159,1,2
1An Act to amend 805.13 (4) of the statutes;
relating to: providing the jury in
2civil actions with an explanation regarding the results of their findings.
Analysis by the Legislative Reference Bureau
Under current law, 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 a requirement in civil actions 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:
SB159, s. 1
3Section
1. 805.13 (4) of the statutes is amended to read:
SB159,2,54
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.
In a civil action, the court shall explain to the jury the legal conclusions that
4will follow from its possible findings and shall permit counsel for each party to
5comment on the court's explanation.
SB159,2,87
(1) This act first applies to actions commenced on the effective date of this
8subsection.
