Wisconsin § 804.07 - Use of depositions in court proceedings.

§ 804.07. Use of depositions in court proceedings.

804.07(1) (1) Use of depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: 804.07(1)(a) (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. 804.07(1)(b) (b) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent or employee or a person designated under s. 804.05 (2) (e) or 804.06 (1) to testify on behalf of a public or private corporation, limited liability company, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose. 804.07(1)(c) (c) 804.07(1)(c)1. 1. The deposition of a witness other than a medical expert, whether or not a party, may be used by any party for any purpose if the court finds any of the following: 804.07(1)(c)1.a. a. That the witness is dead. 804.07(1)(c)1.b. b. That the witness is at a greater distance than 30 miles from the place of trial or hearing, or is out of the state, and will not return before the termination of the trial or hearing, unless it appears that the absence of the witness was procured by the party offering the deposition. 804.07(1)(c)1.c. c. That the witness is unable to attend or testify because of age, illness, infirmity or imprisonment. 804.07(1)(c)1.d. d. That the party offering the deposition has been unable to procure the attendance of the witness by subpoena. 804.07(1)(c)1.e. e. Upon application and notice, that exceptional circumstances exist that make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. 804.07(1)(c)2. 2. The deposition of a medical expert may be used by any party for any purpose, without regard to the limitations otherwise imposed by this paragraph. 804.07(1)(d) (d) If only part of a deposition is offered in evidence by a party, an adverse party may require the party to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. 804.07(1)(e) (e) Substitution of parties pursuant to s.