SUPREME COURT OF WISCONSIN
_________________________________________________________________
In the Matter of the
Amendment of
Rules of Civil
Procedure: Wis. Stat. ORDER
§ 805.07(2)(b) --
Notice of Third- No.
95-09
Party Subpoena
_______________________________________________________________
The court held a public hearing October 11,
1995 on the petition filed by the Judicial Council of Wisconsin seeking the
amendment of Wis. Stat. § 805.07(2)(b) to require notice of third-party
discovery subpoenas to preserve the right of other parties in respect to
them. The court has considered the
petition and the matters presented at the public hearing.
IT IS ORDERED that, effective January 1,
1996, 805.07(2) of the statutes is renumbered 805.07(2)(a) and 805.07(2)(b) of
the statutes is created to read:
805.07(2)(b) Notice of a third-party subpoena issued for discovery purposes
shall be provided to all parties at least 10 days before the scheduled
deposition in order to preserve their right to object. If a third-party subpoena requests the
production of books, papers, documents or tangible things that are within the
scope of discovery under s. 804.01(2)(a), those objects shall not be provided
before the time and date specified in the subpoena. The provisions under this paragraph apply unless all of the
parties otherwise agree.
JUDICIAL COUNCIL NOTE, 1995: Subsection
(2)(b) requires notice of third-party discovery subpoenas in order to preserve
the right of other parties to move to quash them.
IT IS FURTHER ORDERED that the note of the
Judicial Council is not adopted but shall be printed for information
purposes.
IT IS FURTHER ORDERED that notice of this
amendment of the rules of civil procedure shall be given by a single
publication of a copy of this order in the official state newspaper and in an
official publication of the State Bar of Wisconsin.
Dated at Madison, Wisconsin, this 12th day
of October, 1995. BY
THE COURT:
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Marilyn L. Graves, Clerk