(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
822.11.Taking testimony in another state.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.11 lets parties and the court gather testimony from witnesses located in another state -- by deposition, telephone, or other remote means -- and bars a Wisconsin court from excluding documentary evidence sent electronically from another state just because of how it was transmitted.
Full Text of Section 822.11
(2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Plain-English Summary
Section 822.11 addresses the practical problem of gathering evidence when witnesses are not in Wisconsin. Subsection (1) lets a party to a custody proceeding offer testimony from out-of-state witnesses, including the parties and the child, by deposition or other means allowed for testimony taken in another state. The court can also order, on its own motion, that testimony be taken in another state, and it can set the manner and terms for taking it.
Subsection (2) lets a Wisconsin court permit an out-of-state resident to be deposed or to testify by telephone, audiovisual means, or other electronic means, at a designated court or another location in that state. Wisconsin courts must cooperate with courts in other states to designate an appropriate location for that testimony.
Subsection (3) protects documentary evidence sent electronically. If a document is transmitted from another state by technological means that do not produce an original writing, a Wisconsin court may not exclude it from evidence based solely on how it was transmitted.
Frequently Asked Questions
Can a witness who lives in another state testify without traveling to Wisconsin?
Yes. Section 822.11(1) allows testimony from out-of-state witnesses by deposition or other allowable means, and section 822.11(2) allows testimony by telephone, audiovisual means, or other electronic means.
Can the Wisconsin court order testimony to be taken in another state on its own initiative?
Yes. Section 822.11(1) lets the court order, on its own motion, that a person’s testimony be taken in another state, and it may prescribe the manner and terms for taking it.
Can a witness testify by telephone or video instead of appearing in person?
Yes. Section 822.11(2) permits an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means.
Can a Wisconsin court exclude evidence just because it arrived electronically rather than as an original document?
No. Section 822.11(3) says documentary evidence transmitted by technological means that do not produce an original writing may not be excluded from evidence based on an objection to the means of transmission.
Who decides the location for an out-of-state deposition or remote testimony?
Section 822.11(2) requires a Wisconsin court to cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
Amendment History
History: 2005 a. 130.
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 out of state witness testimony custody caseremote testimony child custody wisconsinwis stat 822.11electronic evidence child custody wisconsin