Wisconsin Statutes

Wis. Stat. § 885.04 (2026)

Municipal judge; subpoena served in state

✓ current as of July 2026
Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
885.04885.04Municipal judge; subpoena served in state. A subpoena to require attendance before a municipal judge may be served anywhere in the state if authorized by the municipal judge and shall require the attendance of any witness so served. A subpoena to require the attendance of the defendant, whether the defendant is within or without the state, may be served by mailing it to the defendant at the address on file with the court.
885.04 HistoryHistory: 1977 c. 305; 2019 a. 70; 2021 a. 240 s. 30.
885.04 AnnotationFormer s. 885.04, 2017 stats., does not authorize a municipal court to subpoena persons outside of the state; thus the court in this case could not order an out of state defendant to appear in person. There is no inherent authority in the court authorizing such an order. City of Sun Prairie v. Davis, 226 Wis. 2d 738, 595 N.W.2d 635 (1999), 97-1651.
Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: City of Sun Prairie v. Davis, 595 N.W.2d 635 (Wis. 1999).
City of Sun Prairie v. Davis, 595 N.W.2d 635 (Wis. 1999). · cites it 10× “See Wis. Stat. § 885.04 (reprinted below). 2 However, there is no statutory authority for a municipal court to subpoena, or order the presence of an out-of-state defendant.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.