Wisconsin Statutes

Wis. Stat. § 885.01 (2026)

Subpoenas, who may issue

✓ current as of July 2026

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885.01885.01 Subpoenas, who may issue. The subpoena need not be sealed, and may be signed and issued as follows:

885.01(1)(1) By any judge or clerk of a court or court commissioner or municipal judge, within the territory in which the officer or the court of which he or she is the officer has jurisdiction, to require the attendance of witnesses and their production of lawful instruments of evidence in any action, matter or proceeding pending or to be examined into before any court, magistrate, officer, arbitrator, board, committee or other person authorized to take testimony in the state.

885.01(2)(2) By the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, in any court or before any magistrate and from any part of the state.

885.01(3)(3) By the chairperson of any committee of any county board, town board, common council or village board to investigate the affairs of the county, town, city or village, or the official conduct or affairs of any officer thereof.

885.01(4)(4) By any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee or other person authorized to take testimony, or by any member of a board, commission, authority or committee which is authorized to take testimony, within their jurisdictions, to require the attendance of witnesses, and their production of documentary evidence before them, respectively, in any matter, proceeding or examination authorized by law; and likewise by the secretary of revenue and by any agent of the department of agriculture, trade and consumer protection.

885.01(5)(5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

885.01 HistoryHistory: 1971 c. 164; 1973 c. 272, 305, 336; 1977 c. 29 s. 1650m (4); 1977 c. 305; 1979 c. 34; 1989 a. 56; 1993 a. 486; 1997 a. 191; 2007 a. 20.

885.01 Cross-referenceCross-reference: See s. 805.07 concerning issuance of subpoenas by attorneys of record.

885.01 AnnotationA taxpayer subpoenaed by the Department of Revenue has limited discovery rights. State v. Beno, 99 Wis. 2d 77, 298 N.W.2d 405 (Ct. App. 1980).

885.01 AnnotationA school board may issue a subpoena to compel the attendance of a witness at an expulsion hearing. Racine Unified School District v. Thompson, 107 Wis. 2d 657, 321 N.W.2d 334 (Ct. App. 1982).

885.01 AnnotationA John Doe judge has exclusive authority to subpoena witnesses in a John Doe proceeding based upon the language of s. 968.26. State ex rel. Hipp v. Murray, 2008 WI 67, 310 Wis. 2d 342, 750 N.W.2d 873, 07-0230.

885.01 AnnotationA subpoenaed witness must attend a continued or postponed hearing and remain in attendance until excused. 68 Atty. Gen. 251.

Notes of Decisions

Cited in 16 cases, 1974–2019 · leading case: State v. Popenhagen, 2008 WI 55 (Wis. 2008).

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State v. Popenhagen, 2008 WI 55 (Wis. 2008). · cites it 48× “" ¶ 9 Although the subpoenas on their face are in a form substantially similar to the forms set forth in both §§ 805.”

State v. Schaefer, 2008 WI 25 (Wis. 2008). · cites it 34× “11 applies the general subpoena power in Wis. Stat. § 885.01 to criminal proceedings.”

State ex rel. Hipp v. Murray, 2008 WI 67 (Wis. 2008). · cites it 41× “He argues that the court of appeals erred in determining that John Doe complainants may seek to have clerks of court subpoena witnesses pursuant to Wis. Stat. § 885.01 . 2 ¶ 3. We determine that a John Doe judge has exclusive authority to subpoena witnesses in a John Doe…”

Crown Castle USA, Inc. v. Orion Constr. Grp., LLC, 2012 WI 29 (Wis. 2012). · cites it 8× “" Wis. Stat. § 885.01 (1) (emphasis added).”

State v. Speese, 545 N.W.2d 510 (Wis. 1996). · cites it 4× “In contrast, in other parts of its briefs the State asserts, adopting the defendant's position, that Wis. Stat. § 885.01 (1) authorizes a circuit court to subpoena records which may be considered privileged.”

City of Muskego v. Godec, 482 N.W.2d 79 (Wis. 1992). · cites it 3× “The judge was authorized to issue an order to subpoena the documents pursuant to sec. 885.01, Stats., which reads: *547 Subpoenas, who may issue.”

In Re Doe Petition, 2008 WI 67 (Wis. 2008). · cites it 41× “He argues that the court of appeals erred in determining that John Doe complainants may seek to have clerks of court subpoena witnesses pursuant to Wis. Stat. § 885.01 . [2] ¶ 3 We determine that a John Doe judge has exclusive authority to subpoena witnesses in a John Doe…”

State v. Beno, 298 N.W.2d 405 (Wis. Ct. App. 1980). · cites it 2× “Section 885.01, Stats., provides in material part: The subpoena need not be sealed and may be signed and issued as follows: (4) By any .”

State v. King, 2005 WI App 224 (Wis. Ct. App. 2005). · cites it 2× “" Wis. Stat. § 885.01 (2). "Any subpoena may be served by any person by exhibiting and reading it to the *769 witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.”

Racine Unified Sch. Dist. v. Thompson, 321 N.W.2d 334 (Wis. Ct. App. 1982). · cites it 2× “Section 885.01(4), Stats., provides as follows: 885.”

State ex rel. Hipp v. Murray, 2007 WI App 202 (Wis. Ct. App. 2007). · cites it 5× “As Hipp argues, the way is via Wis. Stat. § 885.01 (1). ¶ 12. Wisconsin Stat.”

Jenner v. Bd. of Trs., 389 F. Supp. 430 (E.D. Wis. 1974). · cites it 2× “Section 885.01(3), Wis.Stats. (1971), provides that such a subpoena may be signed and issued by “the chairman of any committee of any .”

Show all 16 citing cases →

— Wis. Stat. § 885.01(1) — 6 cases

State v. Schaefer, 2008 WI 25 (Wis. 2008). “11 applies the general subpoena power in Wis. Stat. § 885.01 to criminal proceedings.”

State ex rel. Hipp v. Murray, 2008 WI 67 (Wis. 2008). “He argues that the court of appeals erred in determining that John Doe complainants may seek to have clerks of court subpoena witnesses pursuant to Wis. Stat. § 885.01 . 2 ¶ 3. We determine that a John Doe judge has exclusive authority to subpoena witnesses in a John Doe…”

In Re Doe Petition, 2008 WI 67 (Wis. 2008). “He argues that the court of appeals erred in determining that John Doe complainants may seek to have clerks of court subpoena witnesses pursuant to Wis. Stat. § 885.01 . [2] ¶ 3 We determine that a John Doe judge has exclusive authority to subpoena witnesses in a John Doe…”

State ex rel. Hipp v. Murray, 2007 WI App 202 (Wis. Ct. App. 2007). “As Hipp argues, the way is via Wis. Stat. § 885.01 (1). ¶ 12. Wisconsin Stat.”

State v. Hand, 926 N.W.2d 500 (Wis. Ct. App. 2019).

— Wis. Stat. § 885.01(2) — 2 cases

State ex rel. Hipp v. Murray, 2008 WI 67 (Wis. 2008). “He argues that the court of appeals erred in determining that John Doe complainants may seek to have clerks of court subpoena witnesses pursuant to Wis. Stat. § 885.01 . 2 ¶ 3. We determine that a John Doe judge has exclusive authority to subpoena witnesses in a John Doe…”

In Re Doe Petition, 2008 WI 67 (Wis. 2008). “He argues that the court of appeals erred in determining that John Doe complainants may seek to have clerks of court subpoena witnesses pursuant to Wis. Stat. § 885.01 . [2] ¶ 3 We determine that a John Doe judge has exclusive authority to subpoena witnesses in a John Doe…”

— Wis. Stat. § 885.01(3) — 2 cases

Jenner v. Bd. of Trs., 389 F. Supp. 430 (E.D. Wis. 1974). “Section 885.01(3), Wis.Stats. (1971), provides that such a subpoena may be signed and issued by “the chairman of any committee of any .”

Dahlinger v. Town Bd. of Town of Delavan, 381 F. Supp. 474 (E.D. Wis. 1974).

— Wis. Stat. § 885.01(4) — 1 case

Racine Unified Sch. Dist. v. Thompson, 321 N.W.2d 334 (Wis. Ct. App. 1982). “Section 885.01(4), Stats., provides as follows: 885.”

— Wis. Stat. § 885.01(l) — 1 case

State ex rel. Hipp v. Murray, 2007 WI App 202 (Wis. Ct. App. 2007). “As Hipp argues, the way is via Wis. Stat. § 885.01 (1). ¶ 12. Wisconsin Stat.”

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