RulesofCivilProcedure.com Civil Procedure · Every State

816.06.Examination of debtor and witnesses.

Ch. 816: Remedies Supplementary to Execution · Last amended 1975 · Last verified July 15, 2026

In one sentenceSection 816.06 allows the judgment debtor to be examined under oath, and either side to offer testimony, at the hearing held on an order or warrant issued in supplementary proceedings.

Full Text of Section 816.06

Text size

At the hearing upon such order or warrant such judgment debtor may be examined on oath and testimony on the part of either party may be offered.

Plain-English Summary

Whether a debtor appears voluntarily under an order issued under section 816.03 or is brought in under a warrant issued under section 816.05, section 816.06 governs what happens at the hearing itself. The debtor may be examined on oath, meaning the debtor’s answers about property carry the weight of sworn testimony.

The section also opens the hearing to broader proof than just the debtor’s own answers. Testimony on behalf of either party — the judgment creditor as well as the debtor — may be offered at the hearing, so the court is not limited to whatever the debtor chooses to say.

Frequently Asked Questions

Is the debtor examined under oath in a Wisconsin supplementary proceeding hearing?

Yes. Section 816.06 provides that the judgment debtor may be examined on oath at the hearing on the order or warrant.

Can the judgment creditor present testimony too, or only the debtor?

Section 816.06 allows testimony on the part of either party to be offered, not just the debtor.

Does this section apply whether the debtor appeared under an order or was brought in under a warrant?

Yes. Section 816.06 refers to the hearing upon such order or warrant, covering both the appearance order under section 816.03 and the arrest warrant under section 816.05.

What is the point of examining the debtor under oath?

It lets the court get the debtor’s sworn account of property that could be applied to the judgment, which section 816.08 then allows the court to order applied toward satisfaction.

Can witnesses other than the debtor be examined at this hearing?

Section 816.06 speaks to testimony on the part of either party being offered, and section 816.11 refers to allowing fees to any party so examined, indicating the examination can extend beyond the debtor alone.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.06.

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 debtor examination hearing procedureexamined under oath supplementary proceedingstestimony at debtor exam wisconsinhearing on warrant order judgment debtor