804.05.Depositions upon oral examination.
Ch. 804: Depositions and Discovery · Last amended 2009 · Last verified July 15, 2026
Full Text of Section 804.05
Official Notes
Judicial Council Committee’s Note, 1975: Subs. (2) (c) and (4) (a) are amended to recognize the Wisconsin Rules of Videotape Procedure and to make certain that a motion to the court is not required prior to taking a videotape deposition. [Re Order eff. Jan. 1, 1976]
Judicial Council Notes, 1986: Sub. (3) (b) is amended to conform the territorial scope of deposition notices and subpoenas to the 100-mile provision of Rule 45 (d), F.R.C.P. as amended in 1985. [Re Order eff. 7-1-86]
Sub. (7) (a) is amended to require that the deposition be served upon the attorney rather than filed in court. See s. 804.01 (6). [Re Order eff. 7-1-86]
Judicial Council Note, 1988: Sub. (4) (b) is amended to allow contact with the court by telephone to obtain its ruling on any objection, on request of any party and with the consent of the court.
Sub. (8) [created] allows any person to participate in a deposition by telephone upon notice by any party unless good cause to the contrary is shown. [Re Order eff. Jan. 1, 1988]
Judicial Council Note, 1990: Sub. (8) is amended to clarify that reasonable advance notice to all participants is required if any participant to a deposition to be taken by telephone elects to be present with any other participant. The requirement is aimed primarily at the situation in which one party is in the physical presence of the deponent, while others are not, by allowing others to be present if they choose. [Re Order, eff. 1-1-91]
Plain-English Summary
Once a lawsuit starts, any party can depose any person, including another party, unless the deposition falls under the narrower rules for a person confined in prison. Section 804.05 opens by explaining how attendance is compelled: a subpoena under Section 805.07 works for most witnesses, while a party deponent or a corporate officer, director, or managing agent can be brought in with a written notice that carries the force of a subpoena. The notice itself has to identify the time, place, and person to be examined, and if the deposing party also wants documents produced, that request rides along with the notice under the procedure in Section 804.09. A party can also notice the deposition of a corporation, limited liability company, partnership, association, or governmental agency by describing the matters for examination with reasonable particularity; the organization then designates one or more officers, directors, managing agents, or other consenting persons to testify on its behalf about what the organization knows or can reasonably find out.
The section also fixes where a person can be made to sit for a deposition. A party generally can be compelled to appear within 100 miles of where they reside, work, or transact business, though a plaintiff can also be required to appear within the county where the case is pending, and different rules apply to non-resident plaintiffs and defendants and to non-party witnesses. During the deposition itself, the officer administering the oath records the testimony stenographically, by videotape, or by another court-ordered method, and any objections to the questions, answers, or conduct of the parties get noted on the record rather than resolved on the spot, unless the parties get the court on the phone to rule.
Two protections stand out. If a deposition is being conducted in bad faith or to annoy, embarrass, or oppress the deponent, any party or the deponent can move to have it stopped or limited. And once the testimony is transcribed, the deponent gets a chance to review it, note any changes, and sign it; if thirty days pass without a signature, the officer certifies why and the deposition can still be used unless a court later suppresses it. The section closes by allowing any participant, other than the reporter, to appear by telephone unless the court orders otherwise for good cause.
Frequently Asked Questions
How much notice do I need to give before taking someone’s deposition in Wisconsin?
Section 804.05 requires “reasonable notice in writing” to every other party, stating the time and place for the deposition and identifying the person to be examined.
How far away can I be forced to travel to sit for a deposition?
Generally within 100 miles of where you reside, work, or transact business in person, or at another convenient place the court orders. A plaintiff can also be compelled to attend within the county where the case is pending, and different distance rules apply to non-resident plaintiffs, non-resident defendants, and non-party witnesses.
Can I stop a deposition that is being used to harass the witness?
Yes. Section 804.05(5) lets a party or the deponent move, at any time during the deposition, to have it stopped or limited on a showing that it is being conducted in bad faith or in a way that unreasonably annoys, embarrasses, or oppresses the deponent or a party.
What happens if a deponent refuses to sign the transcript?
If the deposition is not signed within 30 days after it is submitted to the deponent, the officer signs it and notes on the record the reason, whether it is a refusal, illness, absence, or a waiver by stipulation. The deposition can still be used unless a court, on a motion to suppress under Section 804.07(3)(d), rejects it because of the reasons given.
Can a deposition be taken by telephone?
Yes. Section 804.05(8) lets the deponent, the reporter, or any other participant take part by telephone upon notice by any party, unless the court orders otherwise for good cause.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 665 (1975); Sup. Ct. Order, 67 Wis. 2d vii (1975); 1975 c. 218; 1979 c. 110; 1983 a. 189; Sup. Ct. Order, 130 Wis. 2d xi, xix (1986); Sup. Ct. Order, 141 Wis. 2d xiii (1987); Sup. Ct. Order, 158 Wis. 2d xvii (1990); 1991 a. 189; 1993 a. 112; 1997 a. 35, 133, 254; 2005 a. 253; 2007 a. 97; 2009 a. 180.