887.015(2)(b) (b) "Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, or an administrative rule, regulation, or order.
887.015(2)(c) (c) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
887.015(2)(d) (d) "Sign" means, with present intent to authenticate or adopt a record, either of the following:
887.015(2)(d)1. 1. To execute or adopt a tangible symbol.
887.015(2)(d)2. 2. To attach to or logically associate with the record an electronic symbol, sound, or process.
887.015(2)(e) (e) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
887.015(2)(f) (f) "Sworn declaration" means a declaration in a signed record given under oath or affirmation. Sworn declaration includes a sworn or affirmed statement, verification, certificate, or affidavit.
887.015(2)(g) (g) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of false swearing.
887.015(3) (3)Applicability. This section applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States. This section does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized American Indian tribe.
887.015(4) (4)Validity of unsworn declarations.
887.015(4)(a)(a) Except as provided in par. (b), and notwithstanding s. 906.03, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this section has the same effect as a sworn declaration.
887.015(4)(b) (b) This section does not apply to any of the following:
887.015(4)(b)1. 1. A deposition.
887.015(4)(b)2. 2. An oath of office.
887.015(4)(b)3. 3. An oath required to be given before a specified official other than a notary public.
887.015(4)(b)4. 4. A declaration to be recorded pursuant to s. 706.06, 706.07, or 706.25.
887.015(4)(b)5. 5. An oath required under s. 853.04.
887.015(5) (5)Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
887.015(6) (6)Form of unsworn declaration. An unsworn declaration under this section must be in substantially the following form:
I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the .... day of ...., ....(year), at ....(city or other location, and state), ....(country).
....(printed name)
....(signature)
887.015(7) (7)Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
887.015(8) (8)Relation to electronic signatures in global and national commerce act.
887.015(8)(a)(a) Except as provided in par. (b), this section modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001, et seq.
887.015(8)(b) (b) This section does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b).
887.015 History History: 2009 a. 166.
887.02 887.02 Duty to administer official and election oaths; no fees.
887.02(1)(1) Every person thereto authorized by law shall administer and certify, on demand, any official oath and any oath required on any nomination paper, petition or other instrument used in the nomination or election of any candidate for public office, or in the submission of any question to a vote of the people.
887.02(2) (2) No fee shall be charged by any officer for administering or certifying any official oath, or any oath to any person relative to the person's right to be registered or to vote.
887.02 History History: 1993 a. 486.
887.03 887.03 Oath, how taken. Any oath or affidavit required or authorized by law may be taken in any of the usual forms, and every person swearing, affirming or declaring in any such form shall be deemed to have been lawfully sworn.
887.17 887.17 Deposition, use of in other actions. When a deposition shall have been lawfully taken in any action it may be used in any trial, inquiry or assessment therein, and it may also be used in any other action between the same parties, including their respective legal representatives, involving the same controversy, if it shall have been duly filed in the first mentioned action and have since remained in the custody of the clerk of the court where the same was pending, subject to the same objections as if originally taken for such other action.
887.18 887.18 Deposition may be used on appeal. When an action or proceeding shall have been appealed from one court to another all depositions lawfully taken to be used in the court below may be used in the appellate court; but if any such deposition was offered in the court below, then subject to the same objections for informality or irregularity, and none other, which were duly taken in writing in such court below.
887.20 887.20 Deposition in municipal court. The municipal judge before whom any civil cause is pending may, on any day on which a trial may be had, after an application has been made for adjournment and before making an order for an adjournment, on the application of either party, showing any cause provided by law therefor, proceed to take the deposition of any witness then in attendance before the municipal judge; and no prior notice shall be required.
887.20 History History: 1977 c. 305 s. 64.
887.23 887.23 Deposition relative to public institutions.
887.23(1)(1) Who may require. The department of health services, the department of corrections, the state superintendent of public instruction or the board of regents of the University of Wisconsin System may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.
887.23(2) (2)Fees. Every officer who takes a deposition, and every witness who appears and testifies under this section, shall be paid the fees allowed on the taking of other depositions, and the account of the expenses incurred in taking any such deposition, being duly certified, shall be paid out of the state treasury and charged to the appropriation of the authority which ordered the deposition.
887.24 887.24 Depositions and discovery; for use in other states.
887.24(1)(1) Short title. This section may be cited as the Uniform Interstate Depositions and Discovery Act.
887.24(2) (2)Definitions. In this section:
887.24(2)(a) (a) "Foreign jurisdiction" means a state other than Wisconsin.
887.24(2)(b) (b) "Foreign subpoena" means a subpoena issued in a civil action under authority of a court of record of a foreign jurisdiction.
887.24(2)(c) (c) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
887.24(2)(d) (d) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
887.24(2)(e) (e) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to do any of the following:
887.24(2)(e)1. 1. Attend and give testimony at a deposition, either oral or upon written questions.
887.24(2)(e)2. 2. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.
887.24(2)(e)3. 3. Permit inspection of premises under the control of the person.
887.24(3) (3)Request for issuance of subpoena.
887.24(3)(a)(a) Submission of foreign subpoena to clerk. To request issuance of a subpoena under this section by a clerk of circuit court, a party must submit the foreign subpoena to the clerk for the county in which discovery is sought to be conducted in this state, accompanied by the appropriate Wisconsin subpoena form which shall do all of the following:
887.24(3)(a)1. 1. List the Wisconsin county in which discovery is to be conducted as the court from which the subpoena is issued. Discovery is to be conducted in the county in which the person to whom the subpoena is directed resides. If the person is not a natural person, discovery is to be conducted in a county in which the person does substantial business. The subpoena shall list the address, including county of residence, for the witness.
887.24(3)(a)2. 2. Use the title of the action and its docket number from the foreign jurisdiction.
887.24(3)(a)3. 3. Incorporate the terms used in the foreign subpoena and include a copy of the foreign subpoena as an attachment.
887.24(3)(a)4. 4. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
887.24(3)(a)5. 5. Advise the person to whom the subpoena is directed as follows: "You have a right to petition the Wisconsin circuit court for a protective order to quash or modify the subpoena or provide other relief under s. 805.07 (3)."
887.24(3)(b) (b) Duties of clerk of court. When a party submits a foreign subpoena to a clerk of circuit court in this state in compliance with par. (a), the clerk shall promptly sign and issue the Wisconsin subpoena for service upon the person to which the foreign subpoena is directed.
887.24(3)(c) (c) Issuance by an attorney. Alternatively, a party may retain an attorney who is licensed or otherwise authorized to practice law in Wisconsin to sign and issue the Wisconsin subpoena as an officer of the court pursuant to s. 805.07. The subpoena must comply with par. (a) 1. to 5.
887.24(3)(d) (d) Appearance. Requesting issuance of a subpoena under this subsection does not constitute an appearance in the courts of this state.
887.24(4) (4)Service and enforcement of subpoena. A subpoena issued under sub. (3) must be served and enforced in compliance with ch. 885. In issuing the subpoena, the clerk of circuit court may not collect a fee and should not create a case file, but the clerk may keep a record of the subpoenas issued. The individual responsible for service shall deliver a certificate of service or affidavit to the party that requested the subpoena. The party must retain the certificate of service or affidavit and furnish a copy to any party or to the deponent upon request.
887.24(5) (5)Deposition, production, and inspection. When a subpoena issued under this section commands a person to attend and give testimony at a deposition; produce designated books, documents, records, electronically stored information, or tangible items; or permit inspection of premises, the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with Wisconsin's rules and statutes relating to discovery, including ch. 804.
887.24(6) (6)Application to court.
887.24(6)(a)(a) Special proceedings. An application to the circuit court for a protective order or to enforce, quash, or modify a subpoena issued under this section will commence a special proceeding. Applications and all other filings in the special proceeding must comply with the applicable rules or statutes of this state, including service under s. 801.14 (2), and must be filed with the circuit court in the county in which discovery is to be conducted. Applications to enforce a subpoena must include proof of service of the subpoena.
887.24(6)(b) (b) Fees; assignment of case number.
887.24(6)(b)1.1. On filing an application under this section, a petitioner shall pay a fee as specified in ch. 814.
887.24(6)(b)2. 2. The circuit court in which the application is filed shall assign it a case number.
887.24(6)(c) (c) Reasonable attorney fees and expenses. The court in its discretion may award any prevailing party its reasonable attorney fees and expenses.
887.24(6)(d) (d) Appeals. A final order granting, denying, or otherwise resolving an application under this subsection is a final order for purposes of filing an appeal in accordance with s. 808.03 (1).
887.24(7) (7)Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
887.24(8) (8)Application to pending actions. This section applies to requests for discovery in cases pending on or filed after January 1, 2016.
Effective date note NOTE: This section is shown as repealed and recreated eff. 1-1-16 by Sup. Ct. Order No. 13-16A. Prior to 1-1-16 it reads:
Effective date text 887.24Deposition; for use in other states. Any witness may be subpoenaed and compelled to attend and give the witness's deposition before any person authorized to take depositions in this state, or before any commissioner appointed under the authority of any other state, territory or country, or any court thereof, in any action, cause or proceeding pending in such other state, territory or country; provided, its laws contain provisions similar to this section, requiring persons within its borders to give their testimony by deposition in actions pending in Wisconsin.
887.24 History History: 1993 a. 486; Sup. Ct. Order No. 13-16A, 2015 WI 70, filed 7-7-15, eff. 1-1-16; s. 35.17 correction in (3) (c).
887.24 Note NOTE: Sup. Ct. Order No. 13-16A states "that the Uniform Comments (Comments to the Uniform Interstate Depositions and Discovery Act) and the Judicial Council Committee Notes are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule."
887.24 Note 2015 Judicial Council Committee Note (Sub. (2)): The definition of "Foreign subpoena" was modified to add the phrase "in a civil action." This language was added to clarify that this act only applies to civil cases.
887.24 Note The definition of "Subpoena" was modified to make it expressly applicable to subpoenas not only for oral depositions, but those upon written questions as permitted by Wis. Stat. § 804.06.
887.24 Note 2015 Uniform Comment (Sub. (2)): This Act is limited to discovery in state courts, the District of Columbia, Puerto Rico, the United States Virgin Islands, and the territories [or insular possessions] of the United States. The committee decided not to extend this Act to include foreign countries including the Canadian provinces. The committee felt that international litigation is sufficiently different and is governed by different principles, so that discovery issues in that arena should be governed by a separate act.
887.24 Note The term "Subpoena" includes a subpoena duces tecum. The description of a subpoena in the Act is based on the language of Rule 45 of the FRCP.
887.24 Note The term "Subpoena" does not include a subpoena for the inspection of a person (subsection (3)(C) is limited to inspection of premises) [sic]. Medical examinations in a personal injury case, for example, are separately controlled by state discovery rules (the corresponding federal rule is Rule 35 of the FRCP). Since the plaintiff is already subject to the jurisdiction of the trial state, a subpoena is never necessary.
887.24 Note 2015 Judicial Council Committee Note (Sub. (3)): The committee added the term circuit" to subsections (a) and (b) to clarify that the circuit court has jurisdiction of issuing subpoenas under this act.
887.24 Note Paragraph (a) 1.-5. was added to clarify the procedure for obtaining a Wisconsin subpoena to obtain discovery from a witness in this state for use in a proceeding pending in another jurisdiction. For the benefit of the party seeking the subpoena and the court issuing it, the procedure is designed to be simple and expeditious. It is also the intent of the committee to minimize the burden on the clerk of circuit court. It also includes a requirement that the subpoena state on its face that a receiving person has the right to object to the subpoena. This protection is contained in Wis. Stat. § 805.07 (3). If there is insufficient space on the subpoena form, the subpoena can be supplemented with additional material.
887.24 Note Paragraph (c) contains an important addition to the Uniform Rule. It provides that if a party to the out-of-state proceeding retains an attorney licensed to practice in Wisconsin, and that attorney receives the original or a true copy of the out-of-state subpoena, the attorney may issue the subpoena. This is consistent with s. 805.07 (1) which permits a subpoena to be issued by, among others, an attorney of record of any party in a civil action or special proceeding.
887.24 Note The committee envisions the standard procedure under this section will become as follows, using as an example a case filed in Kansas (the trial state) where the witness to be deposed lives in Wisconsin (the discovery state): A lawyer of record for a party in the action pending in Kansas will issue a subpoena in Kansas (the same way lawyers in Kansas routinely issue subpoenas in pending actions). That lawyer may then check with the clerk's office, in the Wisconsin county in which the witness to be deposed lives, to obtain a copy of its subpoena form. The lawyer will then prepare a Wisconsin subpoena so that it has the same terms as the Kansas subpoena. The lawyer will then submit the completed and executed Kansas subpoena and the completed but not yet executed Wisconsin subpoena to the clerk's office in Wisconsin. In addition, the lawyer might prepare a short transmittal letter to accompany the Kansas subpoena, advising the clerk that the Wisconsin subpoena is being sought pursuant to Wis. Stat. § 887.24 (3). The clerk of court, upon being given the Kansas subpoena, will then issue the identical Wisconsin subpoena.
887.24 Note The process server (or other agent of the party) will then serve the Wisconsin subpoena on the deponent in accordance with Wisconsin law.
887.24 Note Neither the Uniform Interstate Deposition and Discovery Act nor Wis. Stat. § 887.24 use the term "presented." Both rules use the term "submit," but the Judicial Council drafting committee considers the terms synonymous in this context.
887.24 Note 2015 Uniform Comment (Sub. (3)): The term "Court of Record" was chosen to exclude non-court of record proceedings from the ambit of the Act. The committee concluded that extending the Act to such proceedings as arbitrations would be a significant expansion that might generate resistance to the Act. A "Court of Record" includes anyone who is authorized to issue a subpoena under the laws of that state, which usually includes an attorney of record for a party in the proceeding.
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 60 and all Supreme Court Orders entered before August 26, 2015. Published and certified under s. 35.18. Changes effective after August 26, 2015 are designated by NOTES. (Published 8-26-15)