807.13 Telephone and audiovisual proceedings.

220 words·~1 min read·/wi/chapter-807/807-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Oral arguments. The court may permit any oral argument by telephone.

(2)Evidentiary hearings. In civil actions and proceedings, including those under chs. 48 , 51 , 54 , and 55 , the court may admit oral testimony communicated to the court on the record by telephone or live audiovisual means, subject to cross-examination, when:

(a)The applicable statutes or rules permit;

(b)The parties so stipulate; or

(c)The proponent shows good cause to the court. Appropriate considerations are:

1. Whether any undue surprise or prejudice would result;

2. Whether the proponent has been unable, after due diligence, to procure the physical presence of the witness;

3. The convenience of the parties and the proposed witness, and the cost of producing the witness in relation to the importance of the offered testimony;

4. Whether the procedure would allow full effective cross-examination, especially where availability to counsel of documents and exhibits available to the witness would affect such cross-examination;

5. The importance of presenting the testimony of witnesses in open court, where the finder of fact may observe the demeanor of the witness, and where the solemnity of the surroundings will impress upon the witness the duty to testify truthfully;

6. Whether the quality of the communication is sufficient to understand the offered testimony;