Wisconsin Statutes
Wis. Stat. § 48.293 (2026)
Discovery
✓ current as of July 2026
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48.293(1)(1) Copies of all law enforcement officer reports, including the officer’s memorandum and witnesses’ statements, shall be made available upon request to counsel or guardian ad litem for any party and to the court-appointed special advocate for the child prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 48.09. The identity of a confidential informant may be withheld pursuant to s. 905.10.
48.293(2)(2) All records relating to a child, or to an unborn child and the unborn child’s expectant mother, that are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party and to inspection by the court-appointed special advocate for the child, upon demand and upon presentation of releases when necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel, a guardian ad litem, or a court-appointed special advocate not to disclose specified items in the materials to the child or the parent, or to the expectant mother, if the court reasonably believes that the disclosure would be harmful to the interests of the child or the unborn child. This subsection does not apply to a guardianship proceeding under s. 48.9795.
48.293(3)(3) Upon request prior to the fact-finding hearing, counsel for the interests of the public shall disclose to the child, through his or her counsel or guardian ad litem, or to the unborn child’s guardian ad litem, the existence of any audiovisual recording of an oral statement of a child under s. 908.08 that is within the possession, custody, or control of the state and shall make reasonable arrangements for the requesting person to view the statement. If, after compliance with this subsection, the state obtains possession, custody, or control of such a statement, counsel for the interests of the public shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the statement.
48.293(4)(4) In addition to the discovery procedures permitted under subs. (1) to (3), the discovery procedures permitted under ch. 804 shall apply in all proceedings under this chapter.
48.293 HistoryHistory: 1977 c. 354; 1985 a. 262; 1989 a. 121; 1993 a. 16; 1995 a. 77, 275; 1997 a. 292; 1999 a. 149; 2005 a. 42; 2013 a. 170; 2019 a. 109.
48.293 NoteJudicial Council Note, 1985: Sub. (3) makes videotaped oral statements of children in the possession, custody or control of the state discoverable upon demand by the child, child’s counsel or guardian ad litem. These statements may be admissible under s. 908.08, stats. [85 Act 262]
48.293 AnnotationThe juvenile court must make a threshold relevancy determination by an in camera review when confronted with: 1) a discovery request under sub. (2); 2) an inspection request of juvenile records under ss. 48.396 (2) and 938.396 (2); or 3) an inspection request of agency records under ss. 48.78 (2) (a) and 938.78 (2) (a). The test for permissible discovery is whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Courtney F. v. Ramiro M.C., 2004 WI App 36, 269 Wis. 2d 709, 676 N.W.2d 545, 03-3018.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1982–2024 · leading case: Courtney F. v. Ramiro M.C., 2004 WI App 36 (Wis. Ct. App. 2004).
Courtney F. v. Ramiro M.C., 2004 WI App 36 (Wis. Ct. App. 2004). “78(2) governing the inspection of agency records; and (3) Wis. Stat. § 48.293 (2) governing discovery in Wis.”
State v. TAMMY F., 539 N.W.2d 475 (Wis. Ct. App. 1995). “The subject matter of these requests ranged from the psychological history of the case workers to details about the counseling services offered Tammy by the county. The State responded with a motion to quash, which is the subject matter of this appeal.”
Interest of G.B.K. v. State, 376 N.W.2d 385 (Wis. Ct. App. 1985). “While sec. 48.293, Stats., authorizes limited discovery, there is nothing in that section or any other part of the juvenile code supporting the position advanced by appellant.”
Interest of T.M.J. v. State, 327 N.W.2d 198 (Wis. Ct. App. 1982). “Once the determination is made and if the juvenile court retains jurisdiction, then, and only then, may delinquency proceedings take place. Therefore, if a waiver petition has been filed, then “delinquency proceedings” do not begin until the waiver hearing has taken place and…”
State v. Darcy N. K., 581 N.W.2d 567 (Wis. Ct. App. 1998). “, § 48.293(2), Stats., 1993 — 94 (all records of a child relevant to Ch.”
Breier v. E.C., 387 N.W.2d 72 (Wis. 1986). “Section 48.293 3 declares that the separate records of juveniles shall be made available to counsel or guardian ad litems representing juveniles prior to a plea hearing.”
In Interest of EC, 387 N.W.2d 72 (Wis. 1986). “Section 48.293 [3] declares that the separate records of juveniles shall be made available to counsel or guardian ad litems representing juveniles prior to a plea hearing.”
State Ex Rel. Kenneth S. v. Circuit Court for Dane Cnty., 2008 WI App 120 (Wis. Ct. App. 2008). “that the open-file discovery procedure established in Wis. Stat. § 48.293 was different than and also inconsistent with the general civil discovery rules in Wis.”
State v. Bausch, 2014 WI App 12 (Wis. Ct. App. 2013). “, we conclude that § 48.293, Stats., is the exclusive source of discovery rights to parties involved in ch.”
In Interest of Michael JL, 496 N.W.2d 758 (Wis. Ct. App. 1993). “While we recognize that a waiver hearing and a delinquency proceeding are separate and distinct, they both require that the court have competency to adjudicate their respective issues.”
Kenosha Cnty. DC&FS v. A.G.O. (Wis. Ct. App. 2024). “11(1)(b) (“The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed…”
State v. S.A. (Wis. Ct. App. 2022). “§ 48.293(4) (stating that procedures under ch.”
— Wis. Stat. § 48.293(1) — 1 case
Interest of G.B.K. v. State, 376 N.W.2d 385 (Wis. Ct. App. 1985). “While sec. 48.293, Stats., authorizes limited discovery, there is nothing in that section or any other part of the juvenile code supporting the position advanced by appellant.”
— Wis. Stat. § 48.293(2) — 5 cases
State v. TAMMY F., 539 N.W.2d 475 (Wis. Ct. App. 1995). “The subject matter of these requests ranged from the psychological history of the case workers to details about the counseling services offered Tammy by the county. The State responded with a motion to quash, which is the subject matter of this appeal.”
Interest of G.B.K. v. State, 376 N.W.2d 385 (Wis. Ct. App. 1985). “While sec. 48.293, Stats., authorizes limited discovery, there is nothing in that section or any other part of the juvenile code supporting the position advanced by appellant.”
Interest of T.M.J. v. State, 327 N.W.2d 198 (Wis. Ct. App. 1982). “Once the determination is made and if the juvenile court retains jurisdiction, then, and only then, may delinquency proceedings take place. Therefore, if a waiver petition has been filed, then “delinquency proceedings” do not begin until the waiver hearing has taken place and…”
State v. Darcy N. K., 581 N.W.2d 567 (Wis. Ct. App. 1998). “, § 48.293(2), Stats., 1993 — 94 (all records of a child relevant to Ch.”
Courtney F. v. Ramiro M.C., 2004 WI App 36 (Wis. Ct. App. 2004). “78(2) governing the inspection of agency records; and (3) Wis. Stat. § 48.293 (2) governing discovery in Wis.”
— Wis. Stat. § 48.293(4) — 3 cases
State v. S.A. (Wis. Ct. App. 2022). “§ 48.293(4) (stating that procedures under ch.”
Kenosha Cnty. DC&FS v. M.A.M. (Wis. Ct. App. 2024).
Kenosha Cnty. DC&FS v. A.G.O. (Wis. Ct. App. 2024). “11(1)(b) (“The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed…”
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