Ch. 804: Depositions and Discovery · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 804.015 restricts when and how much discovery a prisoner suing without a licensed attorney can pursue, generally blocking it until the defendant answers or a dismissal motion is resolved, and capping discovery requests at 15 absent good cause for more.
(1)In this section, “prisoner” has the meaning given s. 801.02 (7) (a) 2.
(2)Unless ordered by the court, a prisoner in an action or special proceeding may not obtain discovery before the court receives a copy of the answer or other responsive pleading in the action commenced by the prisoner. If a defendant submits a motion to dismiss or a motion for summary judgment, no discovery may be obtained until the court decides that the prisoner has a reasonable opportunity to prevail on the merits, or until the court decides the merits of the motion, unless the court orders a party to submit to discovery.
(3)If a court allows a prisoner to obtain discovery under sub. (2) before the court decides that the prisoner has a reasonable opportunity to prevail on the merits, receives a copy of the answer or other responsive pleading in the action, or decides the merits of a motion to dismiss or a motion for summary judgment, the court order shall be narrowly tailored to limit the discovery to allow only discovery that is essential to enable the prisoner to obtain the evidence necessary to his or her case. The court shall limit the discovery so as to provide a minimal intrusion in the activities of any person subject to discovery under this subsection.
(4)If a prisoner commences an action or special proceeding, the court shall limit the number of requests for interrogatories, production of documents or admissions to 15, unless good cause is shown for any additional requests. This number may not be expanded by the use of subparts to the interrogatories.
(5)This section does not apply when the prisoner appears by an attorney who is licensed to practice law in this state.
Plain-English Summary
The term prisoner carries the meaning given in section 801.02(7)(a)2, and section 804.015 applies to a prisoner’s own action or special proceeding unless the prisoner appears through an attorney licensed to practice law in Wisconsin. Absent a court order, a prisoner cannot obtain discovery before the court receives a copy of the answer or other responsive pleading in the case; if a defendant instead moves to dismiss or for summary judgment, discovery stays blocked until the court decides the prisoner has a reasonable opportunity to prevail on the merits or decides the motion itself, unless the court orders a party to submit to discovery anyway.
Where a court does allow discovery before those milestones, the resulting order must be narrowly tailored to what is essential for the prisoner to obtain evidence necessary to the case, structured to minimally intrude on anyone subject to it. Once a prisoner’s action is filed, the number of interrogatories, document production requests, and admission requests is capped at 15 total, absent good cause for more, and subparts cannot be used to expand that number.
Frequently Asked Questions
Can a prisoner get discovery right after filing a lawsuit in Wisconsin?
Generally no. Unless the court orders otherwise, a prisoner cannot obtain discovery before the court receives the defendant’s answer or other responsive pleading.
What happens to discovery if the defendant files a motion to dismiss against a prisoner’s lawsuit?
Discovery stays blocked until the court decides the prisoner has a reasonable opportunity to prevail on the merits, or decides the motion, unless the court orders discovery anyway.
Is there a limit on how many discovery requests a prisoner can send?
Yes. The court limits interrogatories, document production requests, and admission requests to 15 total, unless good cause is shown for more, and subparts cannot be used to get around that cap.
Does this discovery limit apply if the prisoner has a lawyer?
No. Section 804.015 does not apply when the prisoner appears through an attorney licensed to practice law in Wisconsin.
If the court allows early discovery in a prisoner case, is it unlimited?
No. The court must narrowly tailor any early discovery order to what is essential to the prisoner’s case and structure it to minimally intrude on the person subject to it.
Amendment History
History: 1997 a. 133.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as:wisconsin prisoner discovery limitsinmate lawsuit discovery rulesprisoner litigation reform discovery wisconsin15 request limit prisoner discovery wisconsin