Wisconsin Statutes
Wis. Stat. § 805.07 (2026)
Subpoena
✓ current as of July 2026
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805.07(1)(1) Issuance and service. Subpoenas shall be issued and served in accordance with ch. 885. A subpoena may also be issued by any attorney of record in a civil action or special proceeding to compel attendance of witnesses for deposition, hearing or trial in the action or special proceeding.
805.07(2)(a)(a) A subpoena may command the person to whom it is directed to produce the books, papers, documents, electronically stored information, or tangible things designated therein. A subpoena may specify the form or forms in which electronically stored information is to be produced. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding party to permit inspection, copying, testing, or sampling of the materials.
805.07(2)(b)(b) Notice of a 3rd-party subpoena issued for discovery purposes shall be provided to all parties at least 10 days before the scheduled deposition in order to preserve their right to object. If a 3rd-party subpoena requests the production of books, papers, documents, electronically stored information, or tangible things that are within the scope of discovery under s. 804.01 (2) (a), those objects shall not be provided before the time and date specified in the subpoena. The provisions under this paragraph apply unless all of the parties otherwise agree.
805.07(2)(c)(c) If a subpoena does not specify a form for producing electronically stored information, the person responding shall produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. The person responding need not produce the same electronically stored information in more than one form.
805.07(2)(d)(d) If information inadvertently produced in response to a subpoena is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The producing party must preserve the information until the claim is resolved.
805.07(3)(3) Protective orders. Upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, the court may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things designated therein.
Subpoena
State of Wisconsin
.... County
The State of Wisconsin, To ....:
Pursuant to section 805.07 of the Wisconsin Statutes, you are hereby commanded to appear in person before [.... designating the court, officer, or person and place of appearance], on [.... date] at .... o’clock ...M., to give evidence in an action between ...., plaintiff, and ...., defendant. [Insert clause requiring the production of material, if appropriate]. Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions. Issued this .... day of ...., .... (year)
[Handwritten Signature]
Attorney for [identify party]
(or other official title)
[Address]
[Telephone Number]
805.07(4)(b)(b) For a subpoena requiring the production of material, the following shall be inserted in the foregoing form: You are further commanded to bring with you the following: [describing as accurately as possible the books, papers, documents or other tangible things sought].
805.07(5)(5) Substituted service. A subpoena may be served in the manner provided in s. 885.03 except that substituted personal service may be made only as provided in s. 801.11 (1) (b) and except that officers, directors, and managing agents of public or private corporations or limited liability companies subpoenaed in their official capacity may be served as provided in s. 801.11 (5) (a).
805.07(6)(6) Motion hearing procedure. Motions under sub. (3) may be heard as prescribed in s. 807.13.
805.07 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 697 (1975); 1979 c. 110; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 155; 1993 a. 112; Sup. Ct. Order No. 95-09, 195 Wis. 2d xiii (1996); 1997 a. 250; 1999 a. 85; 2005 a. 253; Sup. Ct. Order No. 09-01, 2010 WI 67, filed 7-6-10, eff. 1-1-11; Sup. Ct. Order No. 12-03, 2012 WI 114, 344 Wis. 2d xxi.
805.07 NoteJudicial Council Note, 1988: Sub. (6) [created] allows motions for protective orders to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
805.07 NoteJudicial Council Note, 1995: Sub. (2) (b) requires notice of third-party discovery subpoenas in order to preserve the right of other parties to move to quash them.
805.07 NoteJudicial Council Note, 2010: The amendments to s. 805.07 (2) are modeled on F.R.C.P. 45(a) and (d). Portions of the Committee Note of the federal Advisory Committee on Civil Rules are pertinent to the scope and purpose of s. 805.07 (2): Rule 45 is amended to conform the provisions for subpoenas to changes in other discovery rules, largely related to discovery of electronically stored information.
805.07 NoteRule 45(a)(1)(B) is also amended, as is Rule 34(a), to provide that a subpoena is available to permit testing and sampling as well as inspection and copying. As in Rule 34, this change recognizes that on occasion the opportunity to perform testing or sampling may be important, both for documents and for electronically stored information. [Re Order effective Jan. 1, 2011]
805.07 NoteJudicial Council Note, 2012: Sup. Ct. Order No. 12-03 states that “the Judicial Council Notes to Wis. Stat. ss. 804.01 (2) (c), 804.01 (7), 805.07 (2) (d), and 905.03 (5) are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
805.07 NoteSub. (2) (d) is modeled on Fed. R. Civ. P. 45(d)(2)(B), which was amended in 2007 to adopt the wording of Rule 26(b)(5)(B), the so-called “clawback” provision of the federal rules.
805.07 AnnotationSub. (3) only authorizes a court to quash a subpoena to compel production of tangible things, not a subpoena to compel attendance of a witnesses. State v. Gilbert, 109 Wis. 2d 501, 326 N.W.2d 744 (1982).
Notes of Decisions
Cited in 21
cases (6 in the last 5 years), 1982–2025 · leading case: State v. Popenhagen, 2008 WI 55 (Wis. 2008).
State v. Popenhagen, 2008 WI 55 (Wis. 2008). “Each subpoena states that it is issued pursuant to Wis. Stat. § 805.07 . Section 805.07(1) states that "subpoenas shall be issued and served in accordance with ch.”
State v. Keimonte Antonie Wilson, Sr., 2017 WI 63 (Wis. 2017). “¶27 The State on the other hand asks us to focus primarily on two statutes that are set forth in the civil rules of procedure, Wis. Stat. §§ 805.07 and 801.11. The former also incorporates Chapter 885.”
State v. Schaefer, 2008 WI 25 (Wis. 2008). “The subsection provides that the rules of evidence and practice in civil actions, including Wis. Stat. § 805.07 , "shall be applicable in all criminal actions unless the context of a section or rule manifestly requires a different construction.”
Mary E. Marlowe v. IDS Prop. Cas. Ins. Co., 2013 WI 29 (Wis. 2013). “In line with that reading, the dissent flatly asserts that "[t]he procedure applies to more than hearings because of the references to Wis. Stat. § 805.07 ." Id. But the following sections are as much about arbitration procedure as are the subpoena provisions.”
State v. Bobby L. Tate, 2014 WI 89 (Wis. 2014). “Because they sought to obtain the record as part of a criminal investigation, they should have proceeded under the criminal subpoena statute, Wis. Stat. § 968.135 , which strictly limits a court's issuance of a subpoena for the production of documents.”
Cnty. of Dane v. Pub. Serv. Comm'n of Wisconsin, 2022 WI 61 (Wis. 2022). “I focus instead on the order appealed to us——the circuit court's decision not to quash a subpoena for documents under Wis. Stat. § 805.07 (3). I agree with the majority/lead opinion that the allegations against Commissioner Huebsch do not support the circuit court's actions and…”
State v. Horn, 377 N.W.2d 176 (Wis. Ct. App. 1985). “The trial court found that the clinic did not keep records in the form requested by the subpoena, and quashed the subpoena because compiling the records in the form requested would be unduly burdensome. Because the trial court exercised its discretion on the basis of facts found…”
Off. of Lawyer Reg. v. Hammis (In Re Disciplinary Proceedings Against James Edward Hammis), 927 N.W.2d 525 (Wis. 2019). “§ 805.07 which outlines the process and procedure for the service and notification to parties of subpoenas.”
Smith v. Golde, 592 N.W.2d 287 (Wis. Ct. App. 1999). “Failure to Provide Required Deposition Notice Golde further contends that the court erred by sanctioning him for his attorney's failure to provide counsel with a ten-day notice of third-party depositions under § 805.07(2), STATS. 6 Golde's argument is unpersuasive because the…”
Pophal v. Siverhus, 484 N.W.2d 555 (Wis. Ct. App. 1992). “Section 805.07(3), Stats. Having neither a transcript of the motion hearing nor a written decision by the trial court, we cannot review the ruling for abuse of discretion.”
Cnty. of Dane v. Pub. Serv. Comm'n of Wisconsin, 2022 WI 61 (Wis. 2022). “I focus instead on the order appealed to us——the circuit court's decision not to quash a subpoena for documents under Wis. Stat. § 805.07 (3). I agree with the majority/lead opinion that the allegations against Commissioner Huebsch do not support the circuit court's actions and…”
State v. Beno, 327 N.W.2d 712 (Wis. Ct. App. 1982). “She subpoenaed White, pursuant to sec. 805.07, Stats. White and Speaker Jackamonis moved to quash the subpoena on grounds of legislative privilege under the Wisconsin Constitution and the common law.”
— Wis. Stat. § 805.07(1) — 4 cases
State v. Popenhagen, 2008 WI 55 (Wis. 2008). “Each subpoena states that it is issued pursuant to Wis. Stat. § 805.07 . Section 805.07(1) states that "subpoenas shall be issued and served in accordance with ch.”
State v. Schaefer, 2008 WI 25 (Wis. 2008). “The subsection provides that the rules of evidence and practice in civil actions, including Wis. Stat. § 805.07 , "shall be applicable in all criminal actions unless the context of a section or rule manifestly requires a different construction.”
Mary E. Marlowe v. IDS Prop. Cas. Ins. Co., 2013 WI 29 (Wis. 2013). “In line with that reading, the dissent flatly asserts that "[t]he procedure applies to more than hearings because of the references to Wis. Stat. § 805.07 ." Id. But the following sections are as much about arbitration procedure as are the subpoena provisions.”
Mary E. Marlowe v. IDS Prop. Cas. Ins. Co. (Wis. 2013).
— Wis. Stat. § 805.07(2) — 3 cases
Mary E. Marlowe v. IDS Prop. Cas. Ins. Co., 2013 WI 29 (Wis. 2013). “In line with that reading, the dissent flatly asserts that "[t]he procedure applies to more than hearings because of the references to Wis. Stat. § 805.07 ." Id. But the following sections are as much about arbitration procedure as are the subpoena provisions.”
Smith v. Golde, 592 N.W.2d 287 (Wis. Ct. App. 1999). “Failure to Provide Required Deposition Notice Golde further contends that the court erred by sanctioning him for his attorney's failure to provide counsel with a ten-day notice of third-party depositions under § 805.07(2), STATS. 6 Golde's argument is unpersuasive because the…”
Mary E. Marlowe v. IDS Prop. Cas. Ins. Co. (Wis. 2013).
— Wis. Stat. § 805.07(2)(a) — 2 cases
State v. Schaefer, 2008 WI 25 (Wis. 2008). “The subsection provides that the rules of evidence and practice in civil actions, including Wis. Stat. § 805.07 , "shall be applicable in all criminal actions unless the context of a section or rule manifestly requires a different construction.”
Amy J. Trevino v. Klint Trevino (Wis. Ct. App. 2025).
— Wis. Stat. § 805.07(2)(b) — 1 case
State v. Schaefer, 2008 WI 25 (Wis. 2008). “The subsection provides that the rules of evidence and practice in civil actions, including Wis. Stat. § 805.07 , "shall be applicable in all criminal actions unless the context of a section or rule manifestly requires a different construction.”
— Wis. Stat. § 805.07(3) — 5 cases
State v. Horn, 377 N.W.2d 176 (Wis. Ct. App. 1985). “The trial court found that the clinic did not keep records in the form requested by the subpoena, and quashed the subpoena because compiling the records in the form requested would be unduly burdensome. Because the trial court exercised its discretion on the basis of facts found…”
Pophal v. Siverhus, 484 N.W.2d 555 (Wis. Ct. App. 1992). “Section 805.07(3), Stats. Having neither a transcript of the motion hearing nor a written decision by the trial court, we cannot review the ruling for abuse of discretion.”
Cnty. of Dane v. Pub. Serv. Comm'n of Wisconsin, 2022 WI 61 (Wis. 2022). “I focus instead on the order appealed to us——the circuit court's decision not to quash a subpoena for documents under Wis. Stat. § 805.07 (3). I agree with the majority/lead opinion that the allegations against Commissioner Huebsch do not support the circuit court's actions and…”
State v. Kielisch, 365 N.W.2d 904 (Wis. Ct. App. 1985).
Cnty. of Dane v. Pub. Serv. Comm'n of Wisconsin, 2022 WI 61 (Wis. 2022). “I focus instead on the order appealed to us——the circuit court's decision not to quash a subpoena for documents under Wis. Stat. § 805.07 (3). I agree with the majority/lead opinion that the allegations against Commissioner Huebsch do not support the circuit court's actions and…”
— Wis. Stat. § 805.07(4) — 1 case
State v. Popenhagen, 2008 WI 55 (Wis. 2008). “Each subpoena states that it is issued pursuant to Wis. Stat. § 805.07 . Section 805.07(1) states that "subpoenas shall be issued and served in accordance with ch.”
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