807.04.Proceedings, where held; restriction as to making orders.

Section 807.04 sets a default and an exception for where civil proceedings happen. Subsection (1) requires that, except as provided in subsection (2), all trials and all hearings at which oral testimony is presented be held in open court, and it gives the court authority to make any order that a judge or a circuit or supplemental court commissioner has power to make.

Subsection (2) departs from that default for prisoner cases. All hearings involving oral testimony in an action or special proceeding commenced by a prisoner, as defined in Section 801.02 (7)(a)2., must be conducted by telephone, interactive video and audio transmission, or other live interactive communication, so the prisoner need not be removed from the facility or institution, so long as the prisoner’s participation is required or permitted and the official having custody agrees. The court in which the case is pending must, when feasible, also let counsel, witnesses, and other necessary persons participate the same way, and the procedures and policies under Section 807.13 apply to the extent feasible.