804.07(3)(c)2.
2. Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.
804.07(3)(c)3.
3. Objections to the form of written questions submitted under
s. 804.06 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized.
804.07(3)(d)
(d)
As to completion and return of deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under
ss. 804.05 and
804.06 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
804.07 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 673 (1975);
1975 c. 218; Sup. Ct. Order, 73 Wis. 2d xxxi (1976);
1983 a. 192; Sup. Ct. Order, 130 Wis. 2d xxix (1986);
1993 a. 112;
1995 a. 225.
804.07 Note
Judicial Council Committee's Note, 1976: Section 804.07 (2) is taken from F.R.C.P. 32 (b). The reference in sub. (2) to "sub. (3) (d)" is changed to read "sub. (3) (c)" to correspond with subdivision (d) (3) in F.R.C.P. 32 (b). [Re Order effective Jan. 1, 1977]
Effective date note
Judicial Council Note, 1986: Sub. (1) (e) is amended to reflect the fact that depositions need not be filed except upon order of the court. See s. 804.05 (7) (a). [Re Order eff. 7-1-86]
804.07 Annotation
Under subs. (2) and (3) (c) 1., a hearsay objection was not waived by the failure to object at deposition. Strelecki v. Firemans Ins. Co. of Newark,
88 Wis. 2d 464,
276 N.W.2d 794 (1979).
804.07 Annotation
The defendant's evidentiary deposition of its doctor expert taken subsequent to the plaintiff's discovery deposition of the doctor did not prevent the plaintiff's use of the discovery deposition at trial. Martin v. Richards,
176 Wis. 2d 339,
500 N.W.2d 691 (Ct. App. 1993).
804.08
804.08
Interrogatories to parties. 804.08(1)
(1)
Availability; procedures for use. 804.08(1)(a)(a) Except as provided in
s. 804.015, any party may serve upon any other party written interrogatories to be answered by the party served, or, if the party served is a public or private corporation or a limited liability company or a partnership or an association or a governmental agency or a state officer in an action arising out of the officer's performance of employment, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
804.08(1)(b)
(b) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under
s. 804.12 (1) with respect to any objection to or other failure to answer an interrogatory.
804.08(2)(a)(a) Interrogatories may relate to any matters which can be inquired into under
s. 804.01 (2), and the answers may be used to the extent permitted by
chs. 901 to
911.
804.08(2)(b)
(b) An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.
804.08(3)
(3) Option to produce business records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.
804.08 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 676 (1975);
1975 c. 218;
1993 a. 112;
1997 a. 133.
804.08 Annotation
When the cost of discovery was several times greater than the claim for damages, a protective order against discovery was appropriate. Vincent & Vincent, Inc. v. Spacek,
102 Wis. 2d 266,
306 N.W.2d 85 (Ct. App. 1981).
804.08 Annotation
The effective use of written interrogatories. Schoone and Miner, 60 MLR 29.
804.09
804.09
Production of documents and things and entry upon land for inspection and other purposes. 804.09(1)
(1)
Scope. Any party may serve on any other party a request (a) to produce and permit the party making the request, or someone acting on the party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of
s. 804.01 (2) and which are in the possession, custody or control of the party upon whom the request is served; or (b) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation therein, within the scope of
s. 804.01 (2).
804.09(2)
(2) Procedure. Except as provided in
s. 804.015, the request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under
s. 804.12 (1) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.
804.09(3)
(3) Persons not parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.
804.09 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 678 (1975);
1975 c. 218;
1997 a. 133.
804.10
804.10
Physical and mental examination of parties; inspection of medical documents. 804.10(1)
(1) When the mental or physical condition, including the blood group or the ability to pursue a vocation, of a party is in issue, the court in which the action is pending may order the party to submit to a physical, mental or vocational examination. The order may be made on motion for cause shown and upon notice to all parties and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.
804.10(2)
(2) In any action brought to recover damages for personal injuries, the court shall also order the claimant, upon such terms as are just, to give to the other party or any physician named in the order, within a specified time, consent and the right to inspect any X-ray photograph taken in the course of the diagnosis or treatment of the claimant. The court shall also order the claimant to give consent and the right to inspect and copy any hospital, medical or other records and reports that are within the scope of discovery under
s. 804.01 (2).
804.10(3)(a)(a) No evidence obtained by an adverse party by a court-ordered examination under
sub. (1) or inspection under
sub. (2) shall be admitted upon the trial by reference or otherwise unless true copies of all reports prepared pursuant to such examination or inspection and received by such adverse party have been delivered to the other party or attorney not later than 10 days after the reports are received by the adverse party. The party claiming damages shall deliver to the adverse party, in return for copies of reports based on court-ordered examination or inspection, a true copy of all reports of each person who has examined or treated the claimant with respect to the injuries for which damages are claimed.
804.10(3)(b)
(b) This subsection applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subsection does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with any other statute.
804.10(4)
(4) Upon receipt of written authorization and consent signed by a person who has been the subject of medical care or treatment, or in case of the death of such person, signed by the personal representative or by the beneficiary of an insurance policy on the person's life, the physician or other person having custody of any medical or hospital records or reports concerning such care or treatment, shall forthwith permit the person designated in such authorization to inspect and copy such records and reports. Any person having custody of such records and reports who unreasonably refuses to comply with such authorization shall be liable to the party seeking the records or reports for the reasonable and necessary costs of enforcing the party's right to discover.
804.10 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 680 (1975);
1975 c. 218;
1993 a. 424;
1995 a. 345.
804.10 Annotation
Although a personal injury claimant's counsel attended a stipulated independent medical examination without court order or the defendant's knowledge, the trial court did not abuse its discretion in refusing to limit cross-examination of the physician since the presence of counsel was not prejudicial and the court order could have been obtained under Whanger guidelines. Karl v. Employers Insurance of Wausau,
78 Wis. 2d 284,
254 N.W.2d 255 (1977).
804.10 Annotation
The trial court may order a claimant to consent to the release and inspection of health care records and reports of treatment received prior to the claimed injury if the requester shows that the records may reasonably lead to discovery of admissible evidence and the claimant has an opportunity to assert physician-patient privilege. Ambrose v. General Cas. Co.
156 Wis. 2d 306,
456 N.W.2d 642 (Ct. App. 1990).
804.10 Annotation
Medical records discovery in Wisconsin personal injury litigation. 1974 WLR 524.
804.11
804.11
Requests for admission. 804.11(1)(a)(a) Except as provided in
s. 804.015, a party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of
s. 804.01 (2) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
804.11(1)(b)
(b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon the defendant. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that he or she had made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to
s. 804.12 (3) deny the matter or set forth reasons why the party cannot admit or deny it.
804.11(1)(c)
(c) The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with this section, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial.
Section 804.12 (1) (c) applies to the award of expenses incurred in relation to the motion.
804.11(2)
(2) Effect of admission. Any matter admitted under this section is conclusively established unless the court on motion permits withdrawal or amendment of the admission. The court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice the party in maintaining the action or defense on the merits. Any admission made by a party under this section is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding.
804.11 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 682 (1975);
1975 c. 218;
1977 c. 447 s.
210;
1983 a. 192; Sup. Ct. Order No.
95-04, 191 Wis. 2d, xxi (1995);
1997 a. 133.
804.11 Annotation
The trial court erred in ruling that requests for admissions were limited to matters not denied in the pleadings. Schmid v. Olsen,
111 Wis. 2d 228,
330 N.W.2d 547 (1983).
804.11 Annotation
Summary judgment can be based upon a party's failure to respond to a request for admissions, even if an admission would be dispositive of the entire case. Bank of Two Rivers v. Zimmer,
112 Wis. 2d 624,
334 N.W.2d 230 (1983).
804.11 Annotation
A court may permit withdrawal of admissions if both statutory conditions under sub. (2) are met, but it is not required to do so. A court may consider a party's history of discovery abuse when deciding whether to permit withdrawal or amendment of admissions, when determining prejudice under sub. (2) and when otherwise exercising the court's authority to control the orderly and prompt processing of a case. Mucek v. Nationwide Communications, Inc. 2002 WI App 60,
252 Wis. 2d 426,
643 N.W.2d 98,
00-3039.
804.11 Annotation
A negligence claim's total value was not a proper subject of a request for admission. Kettner v. Milwaukee Mutual Insurance Co.
146 Wis. 2d 636,
431 N.W.2d 737 (Ct. App. 1988).
804.11 Annotation
Requests For Admissions in Wisconsin Civil Procedure: Civil Litigation's Double-Edged Sword. Kinsler. 78 MLR 625.
804.12
804.12
Failure to make discovery; sanctions. 804.12(1)(1)
Motion for order compelling discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:
804.12(1)(a)
(a)
Motion. If a deponent fails to answer a question propounded or submitted under
s. 804.05 or
804.06, or a corporation or other entity fails to make a designation under
s. 804.05 (2) (e) or
804.06 (1), or a party fails to answer an interrogatory submitted under
s. 804.08, or if a party, in response to a request for inspection submitted under
s. 804.09, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he or she applies for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to
s. 804.01 (3).
804.12(1)(b)
(b)
Evasive or incomplete answer. For purposes of this subsection an evasive or incomplete answer is to be treated as a failure to answer.
804.12(1)(c)1.1. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.
804.12(1)(c)2.
2. If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.
804.12(1)(c)3.
3. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
804.12(2)(a)(a) If a party or an officer, director, or managing agent of a party or a person designated under
s. 804.05 (2) (e) or
804.06 (1) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under
sub. (1) or
s. 804.10, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
804.12(2)(a)1.
1. An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
804.12(2)(a)2.
2. An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the disobedient party from introducing designated matters in evidence;
804.12(2)(a)3.
3. An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
804.12(2)(a)4.
4. In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical, mental or vocational examination.
804.12(2)(b)
(b) In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising the party or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
804.12(3)
(3) Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under
s. 804.11, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay the requesting party the reasonable expenses incurred in the making of that proof, including reasonable attorney fees. The court shall make the order unless it finds that (a) the request was held objectionable pursuant to
sub. (1), or
(b) the admission sought was of no substantial importance, or (c) the party failing to admit had reasonable ground to believe that he or she might prevail on the matter, or (d) there was other good reason for the failure to admit.
804.12(4)
(4) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection or supplement responses. If a party or an officer, director, or managing agent of a party or a person designated under
s. 804.05 (2) (e) or
804.06 (1) to testify on behalf of a party fails (a) to appear before the officer who is to take the party's deposition, after being served with a proper notice, or (b) to serve answers or objections to interrogatories submitted under
s. 804.08, after proper service of the interrogatories, or (c) to serve a written response to a request for inspection submitted under
s. 804.09, after proper service of the request, or (d) seasonably to supplement or amend a response when obligated to do so under
s. 804.01 (5), the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others, it may take any action authorized under
sub. (2) (a) 1.,
2. and
3. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising the party or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this subsection may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by
s. 804.01 (3).
804.12(5)
(5) Telephone hearings. Motions under this section may be heard as prescribed in
s. 807.13.
804.12 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 684 (1975);
1975 c. 94 s.
3;
1975 c. 200,
218; Sup. Ct. Order, 141 Wis. 2d xiii (1987);
1993 a. 424,
490.
804.12 Cross-reference
Cross-reference: See also s.
885.11 (5) regarding failure to appear at deposition.
804.12 Note
Judicial Council Note, 1988: Sub. (5) [created] allows discovery motions to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
804.12 Annotation
If imposed solely for failure to obey a court order, without evidence of bad faith or no merit, sanctions imposed under sub. (2) (a) deny due process. Dubman v. North Shore Bank,
75 Wis. 2d 597,
249 N.W.2d 797 (1977).
804.12 Annotation
A defendant's failure to produce subpoenaed documents did not relieve the plaintiff of the obligation to make a prima facie case. Paulsen Lumber, Inc. v. Anderson,
91 Wis. 2d 692,
283 N.W.2d 580 (1979).
804.12 Annotation
Although the plaintiff failed in the duty to disclose it's expert's identity, the defendant failed to show hardship that would justify excluding the expert's testimony. Jenzake v. City of Brookfield,
108 Wis. 2d 537,
322 N.W.2d 516 (Ct. App. 1982).
804.12 Annotation
The court exercised proper discretion in dismissing a claim when the claimants failed to provide responsive answers to interrogatories, engaged in dilatory conduct, and there was no justification for their failure to appear and produce documents at depositions. Englewood Apartments Partnership v. Grant & Co.
119 Wis. 2d 34,
349 N.W.2d 716 (Ct. App. 1984).
804.12 Annotation
Although the trial court had no power under sub. (2) (a) 4. to compel an HIV test, it did have that power in equity. Syring v. Tucker,
174 Wis. 2d 787,
498 N.W.2d 370 (1993).
804.12 Annotation
The personnel commission may not award costs and attorney fees for discovery motions filed against the state under the Fair Employment Act. Transportation Dept. v. Personnel Commission,
176 Wis. 2d 731,
500 N.W.2d 664 (1993).
804.12 Annotation
The trial court erred in not considering other less severe sanctions before dismissing an action for failure to comply with a demand for discovery when no bad faith was found. Hudson Diesel, Inc. v. Kenall,
194 Wis. 2d 531,
535 N.W.2d 65 (Ct. App. 1995).
804.12 Annotation
A circuit court may impose both non-compensatory and compensatory monetary sanctions for the same conduct. Hur v. Holler,
206 Wis. 2d 335,
557 N.W.2d 429 (Ct. App. 1996),
95-2966.
804.12 Annotation
A substantiated assertion of privilege is substantial justification for failing to comply with an order to provide or permit discovery. Burnett v. Alt,
224 Wis. 2d 72,
589 N.W.2d 21 (1999),
96-3356.
804.12 Annotation
If the constitution or statutes require proof before the circuit court can enter a particular judgment or order, the court cannot enter the judgment or order without the appropriate showing. The circuit court may determine that a party's action or inaction provides adequate cause for sanctions against that party, but that does not allow the court to dispense with any constitutional or statutory burden of proof that must be satisfied prior to entering a judgment or order. Evelyn C.R. v. Tykila S. 2001 WI 110,
246 Wis. 2d 1,
629 N.W.2d 768,
00-1739.
804.12 Annotation
The trial court abused its discretion by ordering the defendant in a civil suit to forego its rights to insurance coverage for punitive damages when the issue of rights to insurance coverage was not before the court. City of West Allis v. WEPCO, 2001 WI App 226,
248 Wis. 2d 10,
635 N.W.2d 873,
99-2944.
804.12 Annotation
When a sanction causes the ultimate dismissal of an action, the sanctioned party's action must be egregious and without clear and justifiable excuse. Egregiousness is not synonymous with bad faith. A party can be guilty of egregiousness without acting in bad faith or having its counsel act in bad faith. Sentry Insurance v. Davis, 2001 WI App 203,
247 Wis. 2d 501,
634 N.W.2d 553,
00-2427.
804.12 Annotation
Sub. (4) did not provide authority for prohibiting the moving party, who had not failed to cooperate with discovery, from submitting an affidavit of another party to the action in favor of a motion for summary judgment when the party giving the affidavit had failed to appear for a deposition by a 3rd party in the action. Daughtry v. MPC Systems, Inc. 2004 WI App 70,
272 Wis. 2d 260,
679 N.W.2d 806,
02-2424.
804.12 Annotation
It is an erroneous exercise of discretion for a circuit court to enter a sanction of dismissal with prejudice, imputing the attorney's conduct to the client, if the client is blameless. Industrial Roofing Services, Inc. v. Marquardt, 2007 WI 19,
299 Wis. 2d 81,
726 N.W.2d 898,
05-0189.
804.12 Annotation
There is no requirement that conduct must be persistent in order to be egregious. When a defendant in a medical malpractice case destroyed all of his medical records in a single act, the magnitude of the loss under the circumstances was sufficient to constitute egregious conduct. Morrison v. Rankin, 2007 WI App 186,
305 Wis. 2d 240,
738 N.W.2d 588,
06-0980.
804.12 Annotation
It lies within the circuit court's discretion to determine the appropriate procedure for deciding factual issues in default judgment cases and that the defaulting party therefore has no right of trial by jury. The circuit court did not violate the defendant's right of trial by jury under Art. I, s. 5 when it denied the defendant's motion for a jury trial on the issue of damages. The defendant waived its right of trial by jury in the manner set forth in ss. 804.12 and 806.02 by violating the circuit court's discovery order and by incurring a judgment by default. Rao v. WMA Securities, Inc. 2008 WI 73,
06-0813.
