AB773-engrossed,6,2419 802.06 (1) (b) Upon the filing of a motion to dismiss under sub. (2) (a) 6., a
20motion for judgment on the pleadings under sub. (3), or a motion for more definite
21statement under sub. (5), all discovery and other proceedings shall be stayed for a
22period of 180 days after the filing of the motion or until the ruling of the court on the
23motion, whichever is sooner, unless the court finds good cause upon the motion of any
24party that particularized discovery is necessary.
AB773-engrossed,8
1Section 8. 803.08 (11) of the statutes, as affected by 2017 Supreme Court
2Order 17-03, is repealed and recreated to read:
AB773-engrossed,7,103 803.08 (11) Interlocutory appeal of class certification. (a) When
4practicable after the commencement of an action brought as a class action, the court
5shall determine by order whether it is to be so maintained. If the court finds that the
6action should be maintained as a class action, it shall certify the action accordingly
7on the basis of a written decision setting forth all reasons why the action may be
8maintained and describing all evidence in support of the determination. An order
9under this subsection may be altered, amended, or withdrawn at any time before the
10decision on the merits. The court may direct appropriate notice to the class.
AB773-engrossed,7,1711 (b) An appellate court shall hear an appeal of an order granting or denying class
12action certification, or denying a motion to decertify a class action, if a notice of
13appeal is filed within 14 days after entry of the order. During the pendency of an
14appeal under this subsection, all discovery and other proceedings shall be stayed,
15except that the trial court shall retain sufficient jurisdiction over the case to consider
16and implement a settlement of the action if a settlement is reached between the
17parties.
AB773-engrossed,9 18Section 9. 804.01 (1) of the statutes is amended to read:
AB773-engrossed,7,2519 804.01 (1) Discovery methods. Parties may obtain discovery by one or more
20of the following methods: depositions upon oral examination or written questions;
21written interrogatories; production of documents or things or permission to enter
22upon land or other property, for inspection and other purposes; physical and mental
23examinations; and requests for admission. Unless the court orders otherwise under
24sub. (3), and except as provided in s. ss. 804.015, 804.045, 804.08 (1) (am), and 804.09,
25the frequency of use of these methods is not limited.
AB773-engrossed,10
1Section 10. 804.01 (2) (a) of the statutes is amended to read:
AB773-engrossed,8,162 804.01 (2) (a) In general. Parties may obtain discovery regarding any
3nonprivileged matter, not privileged, which that is relevant to the subject matter
4involved in the pending action, whether it relates to the
any party's claim or defense
5of the party seeking discovery or to the claim or defense of any other party, including
6the existence, description, nature, custody, condition and location of any books,
7documents, or other tangible things and the identity and location of persons having
8knowledge of any discoverable matter. It is not ground for objection that the
9information sought will be inadmissible at the trial if the information sought appears
10reasonably calculated to lead to the discovery of admissible evidence
and
11proportional to the needs of the case, considering the importance of the issues at
12stake in the action, the amount in controversy, the parties' relative access to relevant
13information, the parties' resources, the importance of the discovery in resolving the
14issues, and whether the burden or expense of the proposed discovery outweighs its
15likely benefit. Information within this scope of discovery need not be admissible in
16evidence to be discoverable
.
AB773-engrossed,11 17Section 11. 804.01 (2) (am) of the statutes is created to read:
AB773-engrossed,8,1918 804.01 (2) (am) Limitations. Upon the motion of any party, the court shall limit
19the frequency or extent of discovery if it determines that one of the following applies:
AB773-engrossed,8,2120 1. The discovery sought is cumulative or duplicative, or can be obtained from
21some other source that is more convenient, less burdensome, or less expensive.
AB773-engrossed,9,222 2. The burden or expense of the proposed discovery outweighs its likely benefit
23or is not proportional to the claims and defenses at issue considering the needs of the
24case, the amount in controversy, the parties' resources, the complexity and

1importance of the issues at stake in the action, and the importance of discovery in
2resolving the issues.
AB773-engrossed,12 3Section 12. 804.01 (2) (bg) of the statutes is created to read:
AB773-engrossed,9,94 804.01 (2) (bg) Third party agreements. Except as otherwise stipulated or
5ordered by the court, a party shall, without awaiting a discovery request, provide to
6the other parties any agreement under which any person, other than an attorney
7permitted to charge a contingent fee representing a party, has a right to receive
8compensation that is contingent on and sourced from any proceeds of the civil action,
9by settlement, judgment, or otherwise.
AB773-engrossed,13 10Section 13. 804.01 (2) (e) 1. of the statutes is renumbered 804.01 (2) (e) 1r.
AB773-engrossed,14 11Section 14. 804.01 (2) (e) 1g. of the statutes is created to read:
AB773-engrossed,9,1512 804.01 (2) (e) 1g. A party is not required to provide discovery of any of the
13following categories of electronically stored information absent a showing by the
14moving party of substantial need and good cause, subject to a proportionality
15assessment under par. (am) 2.:
AB773-engrossed,9,1816 a. Data that cannot be retrieved without substantial additional programming
17or without transforming it into another form before search and retrieval can be
18achieved.
AB773-engrossed,9,2019 b. Backup data that are substantially duplicative of data that are more
20accessible elsewhere.
AB773-engrossed,9,2221 c. Legacy data remaining from obsolete systems that are unintelligible on
22successor systems.
AB773-engrossed,9,2523 d. Any other data that are not available to the producing party in the ordinary
24course of business and that the party identifies as not reasonably accessible because
25of undue burden or cost. In response to a motion to compel discovery or for a

1protective order, the party from whom discovery is sought is required to show that
2the information is not reasonably accessible because of undue burden or cost. If that
3showing is made, the court may order discovery from such sources only if the
4requesting party shows good cause, considering the limitations of par. (am). The
5court may specify conditions for the discovery.
AB773-engrossed,15 6Section 15. 804.01 (2) (e) 2. of the statutes is amended to read:
AB773-engrossed,10,87 804.01 (2) (e) 2. If a party fails or refuses to confer as required by subd. 1. 1r.,
8any party may move the court for relief under s. 804.12 (1).
AB773-engrossed,16 9Section 16. 804.01 (2) (e) 3. of the statutes is amended to read:
AB773-engrossed,10,1410 804.01 (2) (e) 3. If after conferring as required by subd. 1. 1r., any party objects
11to any proposed request for discovery of electronically stored information or objects
12to any response under s. 804.08 (3) proposing the production of electronically stored
13information, the objecting party may move the court for an appropriate order under
14sub. (3).
AB773-engrossed,17 15Section 17. 804.01 (3) (a) 2. of the statutes is amended to read:
AB773-engrossed,10,1816 804.01 (3) (a) 2. That the discovery may be had only on specified by specifying
17terms and conditions, including a designation of the time or and place or the
18allocation of expenses, for the disclosure or discovery
;
AB773-engrossed,18 19Section 18. 804.01 (4) of the statutes is amended to read:
AB773-engrossed,10,2420 804.01 (4) Sequence and timing of discovery. Unless the parties stipulate or
21the court upon motion, for the convenience of parties and witnesses and in the
22interests of justice, orders otherwise, methods of discovery may be used in any
23sequence and the fact that a party is conducting discovery, whether by deposition or
24otherwise, shall not operate to delay any other party's discovery.
AB773-engrossed,19 25Section 19. 804.01 (8) of the statutes is created to read:
AB773-engrossed,11,4
1804.01 (8) Preservation of electronically stored information. Absent a
2court order demonstrating that the requesting party has a substantial need for
3discovery of the electronically stored information requested, a party is not required
4to preserve the following categories of electronically stored information:
AB773-engrossed,11,75 (a) Data that cannot be retrieved without substantial additional programming
6or without transforming it into another form before search and retrieval can be
7achieved.
AB773-engrossed,11,98 (b) Backup data that are substantially duplicative of data that are more
9accessible elsewhere.
AB773-engrossed,11,1110 (c) Legacy data remaining from obsolete systems that are unintelligible on
11successor systems.
AB773-engrossed,11,1312 (d) Any other data that are not available to the producing party in the ordinary
13course of business.
AB773-engrossed,20 14Section 20. 804.045 of the statutes is created to read:
AB773-engrossed,11,18 15804.045 Limits on quantity of depositions. A party shall be limited, unless
16otherwise stipulated or ordered by the court in a manner consistent with s. 804.01
17(2), to a reasonable number of depositions, not to exceed 10 depositions, none of which
18may exceed 7 hours in duration.
AB773-engrossed,21 19Section 21. 804.08 (1) (am) of the statutes is created to read:
AB773-engrossed,11,2220 804.08 (1) (am) A party shall be limited, unless otherwise stipulated or ordered
21by the court in a manner consistent with s. 804.01 (2), to a reasonable number of
22requests, not to exceed 25 interrogatories, including all subparts.
AB773-engrossed,22 23Section 22. 804.09 (2) (a) of the statutes is renumbered 804.09 (2) (a) (intro.)
24and amended to read:
AB773-engrossed,12,4
1804.09 (2) (a) (intro.) Except as provided in s. 804.015, the request may, without
2leave of court, be served upon the plaintiff after commencement of the action and
3upon any other party with or after service of the summons and complaint upon that
4party, and shall meet all of the following criteria:
AB773-engrossed,12,6 51. The request shall describe with reasonable particularity each item or
6category of items to be inspected.
AB773-engrossed,12,8 72. The request shall specify a reasonable time, place, and manner of making
8the inspection and performing the related acts.
AB773-engrossed,12,10 94. The request may specify the form or forms in which electronically stored
10information is to be produced.
AB773-engrossed,23 11Section 23. 804.09 (2) (a) 3. of the statutes is created to read:
AB773-engrossed,12,1712 804.09 (2) (a) 3. The request shall be limited, unless otherwise stipulated or
13ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable time
14period, not to exceed 5 years prior to the accrual of the cause of action. The limitation
15in this subdivision does not apply to requests for patient health care records, as
16defined in s. 146.81 (4), vocational records, educational records, or any other similar
17records.
AB773-engrossed,24 18Section 24. 804.09 (2) (b) 1. of the statutes is amended to read:
AB773-engrossed,13,919 804.09 (2) (b) 1. The party upon whom the request is served shall serve a
20written response within 30 days after the service of the request, except that a
21defendant may serve a response within 45 days after service of the summons and
22complaint upon that defendant. The court may allow a shorter or longer time. The
23response shall state, with respect to each item or category, that inspection and
24related activities will be permitted as requested, unless or state with specificity the
25grounds for objecting to
the request is objected to, in which event the reasons for

1objection shall be stated
. If objection is made to part of an item or category, the part
2shall be specified. The response may state an objection to a requested form for
3producing electronically stored information. If the responding party objects to a
4requested form, or if no form was specified in the request, the party shall state the
5form or forms it intends to use. The responding party may state that it will produce
6copies of documents or of electronically stored information instead of permitting
7inspection. The production shall be completed no later than the time for inspection
8specified in the request or another reasonable time specified in the request or
9another reasonable time specified in the response.
AB773-engrossed,25 10Section 25. 804.12 (1) (a) of the statutes is amended to read:
AB773-engrossed,13,2211 804.12 (1) (a) Motion. If a deponent fails to answer a question propounded or
12submitted under s. 804.05 or 804.06, or a corporation or other entity fails to make a
13designation under s. 804.05 (2) (e) or 804.06 (1), or a party fails to answer an
14interrogatory submitted under s. 804.08, or if a party, in response to a request for
15inspection submitted under s. 804.09, fails to produce documents or fails to respond
16that inspection will be permitted as requested or fails to permit inspection as
17requested, the discovering party may move for an order compelling an answer, or a
18designation, or an order compelling inspection in accordance with the request. When
19taking a deposition on oral examination, the proponent of the question may complete
20or adjourn the examination before he or she applies for an order. If the court denies
21the motion in whole or in part, it may make such protective order as it would have
22been empowered to make on a motion made pursuant to s. 804.01 (3).
AB773-engrossed,26 23Section 26. 893.53 of the statutes is amended to read:
AB773-engrossed,14,2 24893.53 Action for injury to character or other rights. An action to recover
25damages for an injury to the character or rights of another, not arising on contract,

1shall be commenced within 6 3 years after the cause of action accrues, except where
2a different period is expressly prescribed, or be barred.
AB773-engrossed,27 3Section 27. 893.89 (1) of the statutes is amended to read:
AB773-engrossed,14,54 893.89 (1) In this section, “exposure period" means the 10 7 years immediately
5following the date of substantial completion of the improvement to real property.
AB773-engrossed,28 6Section 28. 893.89 (3) (b) of the statutes is amended to read:
AB773-engrossed,14,117 893.89 (3) (b) If, as the result of a deficiency or defect in an improvement to real
8property, a person sustains damages during the period beginning on the first day of
9the 8th 5th year and ending on the last day of the 10th 7th year after the substantial
10completion of the improvement to real property, the time for commencing the action
11for the damages is extended for 3 years after the date on which the damages occurred.
AB773-engrossed,29 12Section 29. 893.93 (1) (a) of the statutes is renumbered 893.93 (1m) (a).
AB773-engrossed,30 13Section 30. 893.93 (1) (b) of the statutes is renumbered 893.93 (1m) (b).
AB773-engrossed,31 14Section 31. 893.93 (1) (cm) of the statutes is created to read:
AB773-engrossed,14,1515 893.93 (1) (cm) An action under s. 218.0125 (7) or 218.0126.
AB773-engrossed,32 16Section 32. 893.93 (1m) (intro.) of the statutes is created to read:
AB773-engrossed,14,1817 893.93 (1m) (intro.) The following actions shall be commenced within 3 years
18after the cause of action accrues or be barred:
AB773-engrossed,33 19Section 33. Initial applicability.
AB773-engrossed,14,2220 (1) Third-party audits. The treatment of section 177.30 (6) of the statutes first
21applies to a contract or agreement that is entered into, renewed, or modified on the
22effective date of this subsection.
AB773-engrossed,15,223 (2) Discovery procedures. The treatment of sections 802.06 (1) (b), 804.01 (1),
24(2) (am), (bg), and (e) 1g., (3) (a) 2., (4), and (8), 804.045, 804.08 (1) (am), 804.09 (2)
25(b) 1., and 804.12 (1) (a) of the statutes, the renumbering and amendment of section

1804.09 (2) (a) of the statutes, and the creation of section 804.09 (2) (a) 3. of the
2statutes first apply to actions that are filed on July 1, 2018.
AB773-engrossed,34 3Section 34. Effective dates. This act takes effect on the day after publication,
4except as follows:
AB773-engrossed,15,65 (1) Class actions. The treatment of section 803.08 (11) of the statutes takes
6effect on July 1, 2018.
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