Chapter 887

CHAPTER 887

DEPOSITIONS, OATHS AND AFFIDAVITS

887.01   Oaths, who may administer.

887.015   Uniform unsworn declarations act.

887.02   Duty to administer official and election oaths; no fees.

887.03   Oath, how taken.

887.17   Deposition, use of in other actions.

887.18   Deposition may be used on appeal.

887.20   Deposition in municipal court.

887.23   Deposition relative to public institutions.

887.24   Depositions and discovery; for use in other states.

887.25   Witnesses sent to other states.

887.26   Depositions outside state.

887.27   Depositions, translations of.

887.01 887.01 Oaths, who may administer.

887.01(1) (1) Within the state. An oath or affidavit required or authorized by law, except oaths to jurors and witnesses on a trial and such other oaths as are required by law to be taken before particular officers, may be taken before any judge, court commissioner, resident U.S. commissioner who has complied with ch. 140, clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk’s deputy within the territory in which the officer is authorized to act, school district clerk with respect to any oath required by the elections laws; and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission. Oaths may be administered by any person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.

887.01(2) (2) Without the state. Any oath or affidavit required or authorized by law may be taken in any other state, territory or district of the United States before any judge or commissioner of a court of record, master in chancery, notary public, justice of the peace or other officer authorized by the laws thereof to administer oaths, and if the oath or affidavit is properly certified by any such officer to have been taken before the officer, and has attached thereto a certificate of the clerk of a court of record of the county or district within which the oath or affidavit was taken, under the seal of his or her office, that the person whose name is subscribed to the certificate of due execution of the instrument was, at the date thereof, the officer as is therein represented to be, was empowered by law as such officer to administer the oath or affidavit, and that he or she believes the name so subscribed is the signature of the officer, the oath or affidavit may be read or used in any court within this state and before any officer, board or commission authorized to use or consider the oath or affidavit. Whenever any such oath or affidavit is certified by any notary public or clerk of a court of record and an impression of his or her official seal is thereto affixed no further attestation shall be necessary.

887.01(3) (3) Officer in armed forces. In every instance where an officer in the armed forces is authorized by s. 140.13 to take an acknowledgment, the officer may administer an oath.

887.01 History History: 1971 c. 41 s. 11; 1977 c. 305; 1979 c. 110; 1983 a. 484; 1983 a. 492 s. 3; 1989 a. 141; 1993 a. 486; 2019 a. 125.

887.015 887.015 Uniform unsworn declarations act.

887.015(1) (1) Short title. This section may be cited as the Uniform Unsworn Declarations Act.

887.015(2) (2) Definitions. In this section:

887.015(2)(a) (a) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

887.015(2)(b) (b) “Law” includes a statute, a judicial decision or order, a rule of court, an executive order, or an administrative rule, regulation, or order.

887.015(2)(c) (c) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

887.015(2)(d) (d) “Sign” means, with present intent to authenticate or adopt a record, either of the following:

887.015(2)(d)1. 1. To execute or adopt a tangible symbol.

887.015(2)(d)2. 2. To attach to or logically associate with the record an electronic symbol, sound, or process.

887.015(2)(f) (f) “Sworn declaration” means a declaration in a signed record given under oath. “Sworn declaration” includes a sworn statement, verification, certificate, or affidavit.

887.015(2)(g) (g) “Unsworn declaration” means a declaration in a signed record that is not given under oath, but is given under penalty of false swearing.

887.015(3) (3) Applicability. This section applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.

887.015(4) (4) Validity of unsworn declarations.

887.015(4)(a) (a) Except as provided in par. (b), and notwithstanding s. 906.03, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this section has the same effect as a sworn declaration.

887.015(4)(b) (b) This section does not apply to any of the following:

887.015(4)(b)1. 1. A deposition.

887.015(4)(b)2. 2. An oath of office.

887.015(4)(b)3. 3. An oath required to be given before a specified official other than a notary public.

887.015(4)(b)4. 4. A declaration to be recorded pursuant to s. 706.06 or 706.25 or ch. 140.

887.015(4)(b)5. 5. An oath required under s. 853.04.

887.015(5) (5) Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

887.015(6) (6) Form of unsworn declaration. An unsworn declaration under this section shall be in substantially the following form:

I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct.

Signed on the .... day of ...., ....(year), at ....(city or other location, and state or country).

....(printed name)

....(signature)

887.015(7) (7) Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

887.015(8) (8) Relation to electronic signatures in global and national commerce act.

887.015(8)(a) (a) Except as provided in par. (b), this section modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001, et seq.

887.015(8)(b) (b) This section does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b).

887.015 History History: 2009 a. 166; 2019 a. 125; 2023 a. 245.

887.02 887.02 Duty to administer official and election oaths; no fees.

887.02(1) (1) Every person thereto authorized by law shall administer and certify, on demand, any official oath and any oath required on any nomination paper, petition or other instrument used in the nomination or election of any candidate for public office, or in the submission of any question to a vote of the people.

887.02(2) (2) No fee shall be charged by any officer for administering or certifying any official oath, or any oath to any person relative to the person’s right to be registered or to vote.

887.02 History History: 1993 a. 486.

887.03 887.03 Oath, how taken. Any oath or affidavit required or authorized by law may be taken in any of the usual forms, and every person swearing, affirming or declaring in any such form shall be deemed to have been lawfully sworn.

887.03 Annotation The purpose of an oath or affirmation is to impress upon the swearing individual an appropriate sense of obligation to tell the truth. The statutes do not invoke specific, mandated language or formulaic procedures in the administration of an oath or affirmation. The oath or affirmation requirement is an issue of substance, not form. State v. Moeser, 2022 WI 76, 405 Wis. 2d 1, 982 N.W.2d 45, 19-2184.

887.17 887.17 Deposition, use of in other actions. When a deposition shall have been lawfully taken in any action it may be used in any trial, inquiry or assessment therein, and it may also be used in any other action between the same parties, including their respective legal representatives, involving the same controversy, if it shall have been duly filed in the first mentioned action and have since remained in the custody of the clerk of the court where the same was pending, subject to the same objections as if originally taken for such other action.

887.18 887.18 Deposition may be used on appeal. When an action or proceeding shall have been appealed from one court to another all depositions lawfully taken to be used in the court below may be used in the appellate court; but if any such deposition was offered in the court below, then subject to the same objections for informality or irregularity, and none other, which were duly taken in writing in such court below.