885.60 Use in criminal cases and proceedings under chapters 48, 51, 55, 938, and 980.

489 words·~2 min read·/wi/chapter-885/885-60-5

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

(1)Subject to the standards and criteria set forth in ss. 885.54 and 885.56 and to the limitations of sub.

(2), a circuit court may, on its own motion or at the request of any party, in any criminal case or matter under chs. 48 , 51 , 55 , 938 , or 980 , permit the use of videoconferencing technology in any pre-trial, trial or fact-finding, or post-trial proceeding.

(a)Except as may otherwise be provided by law, a defendant in a criminal case and a respondent in a matter listed in sub.

(1)is entitled to be physically present in the courtroom at all trials and sentencing or dispositional hearings.

(b)A proponent of a witness via videoconferencing technology at any evidentiary hearing, trial, or fact-finding hearing shall file a notice of intention to present testimony by videoconference technology 20 days prior to the scheduled start of the proceeding. Any other party may file an objection to the testimony of a witness by videoconference technology within 10 days of the filing of the notice of intention. If the time limits of the proceeding do not permit the time periods provided for in this paragraph, the court may in its discretion shorten the time to file notice of intention and objection.

(c)If an objection is made by the plaintiff or petitioner in a matter listed in sub.

(1), the court shall determine the objection in the exercise of its discretion under the criteria set forth in s. 885.56 .

(d)Except for an objection relating to the testimony of an expert witness by videoconference technology in a matter under ch. 51 or 55 , if an objection is made by the defendant or respondent in a matter listed in sub.

(1), regarding any proceeding where he or she is entitled to be physically present in the courtroom, the court shall sustain the objection. For all other proceedings in a matter listed in sub.

(1), including an objection relating to the testimony of an expert witness by videoconference technology in a matter under ch. 51 or 55 , the court shall determine the objection in the exercise of its discretion under the criteria set forth in s. 885.56 .

885.60 Note Comment, 2008: It is the intent of s. 885.60 to scrupulously protect the rights of criminal defendants and respondents in matters which could result in loss of liberty or fundamental rights with respect to their children by preserving to such litigants the right to be physically present in court at all critical stages of their proceedings. This section also protects such litigants’ rights to adequate representation by counsel by eliminating the potential problems that might arise where counsel and litigants are either physically separated, or counsel are with litigants at remote locations and not present in court.