SB645,24 3Section 24. 804.01 (2) (e) 3. of the statutes is amended to read:
SB645,21,84 804.01 (2) (e) 3. If after conferring as required by subd. 1. 1r., any party objects
5to any proposed request for discovery of electronically stored information or objects
6to any response under s. 804.08 (3) proposing the production of electronically stored
7information, the objecting party may move the court for an appropriate order under
8sub. (3).
SB645,25 9Section 25. 804.01 (2m) of the statutes is created to read:
SB645,21,1310 804.01 (2m) Mandatory disclosures. A party who has entered into a contract
11or agreement with a consumer lawsuit lender, as defined in s. 100.56 (1) (b), shall,
12without receiving a discovery request, provide to the court and to each party in the
13matter that is the subject of the contract or agreement all of the following:
SB645,21,1714 (a) Consumer lawsuit lending contract. A copy of the contract or agreement,
15at the time the party files his or her initial pleading in the matter or within 10 days
16after the contract or agreement is executed between the party and the consumer
17lawsuit lender, whichever is later.
SB645,21,2318 (b) Consumer lawsuit lending documents. All documents, not privileged, that
19the party or the party's representative provided to the consumer lawsuit lender
20pursuant to the contract or agreement described in par. (a). The party shall provide
21the documents to each party at the time the party files his or her initial pleading in
22the matter or within 10 days after he or she provides the documents to the consumer
23lawsuit lender, whichever is later.
SB645,26 24Section 26. 804.01 (3) (a) 2. of the statutes is amended to read:
SB645,22,2
1804.01 (3) (a) 2. That the discovery may be had only on specified terms and
2conditions, including a designation of the time or place or the allocation of expenses;
SB645,27 3Section 27. 804.01 (4) of the statutes is amended to read:
SB645,22,84 804.01 (4) Sequence and timing of discovery. Unless the parties stipulate or
5the court upon motion, for the convenience of parties and witnesses and in the
6interests of justice, orders otherwise, methods of discovery may be used in any
7sequence and the fact that a party is conducting discovery, whether by deposition or
8otherwise, shall not operate to delay any other party's discovery.
SB645,28 9Section 28. 804.01 (8) of the statutes is created to read:
SB645,22,1310 804.01 (8) Preservation of electronically stored information. Absent a
11court order demonstrating that the requesting party has a substantial need for
12discovery of the electronically stored information requested, a party is not required
13to preserve the following categories of electronically stored information:
SB645,22,1614 (a) Data that cannot be retrieved without substantial additional programming
15or without transforming it into another form before search and retrieval can be
16achieved.
SB645,22,1817 (b) Backup data that are substantially duplicative of data that are more
18accessible elsewhere.
SB645,22,2019 (c) Legacy data remaining from obsolete systems that are unintelligible on
20successor systems.
SB645,22,2221 (d) Any other data that are not available to the producing party in the ordinary
22course of business.
SB645,29 23Section 29. 804.09 (2) (a) of the statutes is renumbered 804.09 (2) (a) (intro.)
24and amended to read:
SB645,23,4
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:
SB645,23,6 51. The request shall describe with reasonable particularity each item or
6category of items to be inspected.
SB645,23,8 72. The request shall specify a reasonable time, place, and manner of making
8the inspection and performing the related acts.
SB645,23,10 94. The request may specify the form or forms in which electronically stored
10information is to be produced.
SB645,30 11Section 30. 804.09 (2) (a) 3. of the statutes is created to read:
SB645,23,1312 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 the following:
SB645,23,1614 a. A reasonable number of requests, not to exceed 25 interrogatories, including
15all subparts, and not to exceed 10 depositions, none of which may exceed 7 hours in
16duration.
SB645,23,1817 b. A reasonable time period of not more than 5 years prior to the accrual of the
18cause of action.
SB645,31 19Section 31. 804.09 (2) (b) 1. of the statutes is amended to read:
SB645,24,1020 804.09 (2) (b) 1. The party upon whom the request is served shall serve a
21written response within 30 days after the service of the request, except that a
22defendant may serve a response within 45 days after service of the summons and
23complaint upon that defendant. The court may allow a shorter or longer time. The
24response shall state, with respect to each item or category, that inspection and
25related activities will be permitted as requested, unless or state with specificity the

1grounds for objecting to
the request is objected to, in which event the reasons for
2objection shall be stated
. If objection is made to part of an item or category, the part
3shall be specified. The response may state an objection to a requested form for
4producing electronically stored information. If the responding party objects to a
5requested form, or if no form was specified in the request, the party shall state the
6form or forms it intends to use. The responding party may state that it will produce
7copies of documents or of electronically stored information instead of permitting
8inspection. The production shall be completed no later than the time for inspection
9specified in the request or another reasonable time specified in the request or
10another reasonable time specified in the response.
SB645,32 11Section 32. 804.12 (1) (a) of the statutes is amended to read:
SB645,24,2312 804.12 (1) (a) Motion. If a deponent fails to answer a question propounded or
13submitted under s. 804.05 or 804.06, or a corporation or other entity fails to make a
14designation under s. 804.05 (2) (e) or 804.06 (1), or a party fails to answer an
15interrogatory submitted under s. 804.08, or if a party, in response to a request for
16inspection submitted under s. 804.09, fails to produce documents or fails to respond
17that inspection will be permitted as requested or fails to permit inspection as
18requested, the discovering party may move for an order compelling an answer, or a
19designation, or an order compelling inspection in accordance with the request. When
20taking a deposition on oral examination, the proponent of the question may complete
21or adjourn the examination before he or she applies for an order. If the court denies
22the motion in whole or in part, it may make such protective order as it would have
23been empowered to make on a motion made pursuant to s. 804.01 (3).
SB645,33 24Section 33. 893.53 of the statutes is amended to read:
SB645,25,4
1893.53 Action for injury to character or other rights. An action to recover
2damages for an injury to the character or rights of another, not arising on contract,
3shall be commenced within 6 3 years after the cause of action accrues, except where
4a different period is expressly prescribed, or be barred.
SB645,34 5Section 34. 893.89 (1) of the statutes is amended to read:
SB645,25,76 893.89 (1) In this section, “exposure period" means the 10 6 years immediately
7following the date of substantial completion of the improvement to real property.
SB645,35 8Section 35. 893.89 (3) (b) of the statutes is amended to read:
SB645,25,139 893.89 (3) (b) If, as the result of a deficiency or defect in an improvement to real
10property, a person sustains damages during the period beginning on the first day of
11the 8th 4th year and ending on the last day of the 10th 6th year after the substantial
12completion of the improvement to real property, the time for commencing the action
13for the damages is extended for 3 years after the date on which the damages occurred.
SB645,36 14Section 36. 893.93 (1) (a) of the statutes is renumbered 893.93 (1m) (a).
SB645,37 15Section 37. 893.93 (1) (b) of the statutes is renumbered 893.93 (1m) (b).
SB645,38 16Section 38. 893.93 (1m) (intro.) of the statutes is created to read:
SB645,25,1817 893.93 (1m) (intro.) The following actions shall be commenced within 3 years
18after the cause of action accrues or be barred:
SB645,39 19Section 39. Initial applicability.
SB645,25,2220 (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.
SB645,25,2523 (2) Consumer lawsuit lending. The treatment of section 100.56 of the statutes
24first applies to consumer lawsuit lending transactions first entered into on the
25effective date of this subsection.
SB645,26,5
1(3) Discovery procedures. The treatment of sections 802.06 (1) (b), 804.01 (2)
2(am), (bg), and (e) 1g., (2m), (3) (a) 2., (4), and (8), 804.09 (2) (b) 1., and 804.12 (1) (a)
3of the statutes, the renumbering and amendment of section 804.09 (2) (a) of the
4statutes, and the creation of section 804.09 (2) (a) 3. of the statutes first apply to
5actions that are filed on the effective date of this subsection.
SB645,26,96 (4) Class actions. The treatment of section 803.08 (2), (3) to (10), and (12) to
7(15) of the statutes, the renumbering and amendment of section 803.08 (1) of the
8statutes, and the creation of section 803.08 (1) (a) to (e) of the statutes first apply to
9actions that are filed on the effective date of this subsection.
SB645,26,1010 (End)
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