Terms Used In Wisconsin Statutes 802.10

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
   (1)    Application. This section applies to all actions and special proceedings except appeals taken to circuit court; actions seeking the remedy available by certiorari, habeas corpus, mandamus, prohibition, and quo warranto; actions in which all defendants are in default; provisional remedies; and actions under ss. 49.90 and s. 66.0114 and chs. 48, 54, 102, 108, 227, 348, 767, 778, 799 and 812, and proceedings under chs. 851 to 882.
   (3)   Scheduling and planning. Except in categories of actions and special proceedings exempted under sub. (1), the circuit court may enter a scheduling order on the court’s own motion or on the motion of a party. The order shall be entered after the court consults with the attorneys for the parties and any unrepresented party. The scheduling order may address any of the following:
      (a)    The time to join other parties.
      (b)    The time to amend the pleadings.
      (c)    The time to file motions.
      (d)    The time to complete discovery.
      (e)    The time, not more than 30 days after entry of the order, to determine the mode of trial, including a demand for a jury trial and payment of fees under s. 814.61 (4).
      (f)    The limitation, control and scheduling of depositions and discovery, including the identification and disclosures of expert witnesses, the limitation of the number of expert witnesses and the exchange of the names of expert witnesses.
      (g)    The dates for conferences before trial, for a final pretrial conference and for trial.
      (h)    The appropriateness and timing of summary judgment adjudication under s. 802.08.
      (i)    The advisability of ordering the parties to attempt settlement under s. 802.12.
      (j)    The need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions or unusual proof problems.
      (jm)    The need for discovery of electronically stored information.
      (k)    Any other matters appropriate to the circumstances of the case, including the matters under sub. (5) (a) to (h).
   (5)   Pretrial conference. At a pretrial conference, the court may consider any matter that facilitates the just, speedy and inexpensive disposition of the action, including the matters under pars. (a) to (h) and sub. (3) (a) to (k). At a pretrial conference, the court may consider and take appropriate action with respect to all of the following:
      (a)    The formulation and simplification of the issues.
      (b)    The elimination of frivolous claims or defenses.
      (c)    The possibility of obtaining party admissions or stipulations that will avoid unnecessary proof.
      (d)    Any pretrial rulings on the admissibility of evidence, including limitations on the use of expert testimony under s. 907.02.
      (e)    The identification of witnesses, exhibits and tangible demonstrative evidence.
      (f)    The need and schedule for filing and exchanging pretrial briefs.
      (g)    The dates for further conferences and for trial.
      (h)    The disposition of pending motions.
   (6)   Authority of participants. An attorney for each party participating in any pretrial conference shall have the authority to enter stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed. The court may require that a party or the party’s representative be present or reasonably available by telephone to consider possible settlement of the dispute.
   (7)   Sanctions. Violations of a scheduling or pretrial order are subject to ss. 802.05, 804.12, 805.03, and 895.044.

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