AB84: Bill Text

LRB-0630/1

TKK:jld:ph

2011 - 2012 LEGISLATURE

2011 Assembly BILL 84

April 7, 2011 - Introduced by Representatives Ziegelbauer, Brooks, D. Cullen and Roys, cosponsored by Senator Taylor. Referred to Committee on Judiciary and Ethics.

AB84,1,2 An Act to amend 805.07 (1); and to create 885.01 (6) of the statutes; relating to: the authority of attorneys to issue subpoenas.

Analysis by the Legislative Reference Bureau

Current law allows various public officials, including judges, court commissioners, arbitrators, the attorney general, district attorneys, coroners, medical examiners, boards, and chairpersons of local elected bodies, to issue a subpoena to require the attendance of a witness at a proceeding, hearing, examination, or trial. Under current law, an attorney of record in a civil action or special proceeding also has the power to issue a subpoena to require the attendance of a witness at a deposition, hearing, or trial in the civil action or special proceeding. Attorneys representing defendants in criminal matters are not listed in the statutes as having authority to issue subpoenas. Current law provides that the rules of practice in civil actions apply in criminal actions, unless otherwise specified. Current law does not, however, explicitly authorize attorneys representing criminal defendants to issue subpoenas.

This bill specifically gives attorneys representing criminal defendants the same power to issue subpoenas provided under current law to attorneys in civil actions.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB84, s. 1 Section 1. 805.07 (1) of the statutes is amended to read:

AB84,2,4 805.07 (1) Issuance and service. Subpoenas shall be issued and served in accordance with ch. 885. A subpoena may also be issued by any attorney of record in a civil action or special proceeding to compel attendance of witnesses for deposition, hearing or trial in the action or special proceeding.

AB84, s. 2 Section 2. 885.01 (6) of the statutes is created to read:

AB84,2,8 885.01 (6) By an attorney of record in a civil action, criminal action, or special proceeding, to require the attendance of a witness for a deposition, hearing, or trial in the action or special proceeding.

AB84, s. 3 Section 3. Initial applicability.

AB84,2,11 (1) This act first applies to actions or special proceedings pending on the effective date of this subsection.

AB84,2,12 (End)