SB111,3057 15Section 3057 . 767.883 (1) of the statutes is amended to read:
SB111,1611,1116 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
17dealing with the determination of paternity parentage and the 2nd part dealing with
18child support, legal custody, periods of physical placement, and related issues. The
19main issue at the first part shall be whether the alleged or presumed father parent
20is or is not the father parent of the mother's child, but if the child was born to the
21mother while she was the lawful wife spouse of a specified male person, the prior
22issue of whether the husband mother's spouse was not the father parent of the child
23shall be determined first, as provided under s. 891.39. The first part of the trial shall
24be by jury only if the defendant verbally requests a jury trial either at the initial
25appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial

1hearing. The court may direct and, if requested by either party before the
2introduction of any testimony in the party's behalf, shall direct the jury to find a
3special verdict as to any of the issues specified in this section, except that the court
4shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
5becomes insane, cannot be found within the jurisdiction, or fails to commence or
6pursue the action, the proceeding does not abate if any of the persons under s. 767.80
7(1) makes a motion to continue. The testimony of the mother taken at the pretrial
8hearing may in any such case be read in evidence if it is competent, relevant, and
9material. The issues of child support, custody, and visitation, and related issues shall
10be determined by the court either immediately after the first part of the trial or at
11a later hearing before the court.
SB111,3058 12Section 3058 . 769.316 (9) of the statutes is amended to read:
SB111,1611,1513 769.316 (9) The defense of immunity based on the relationship of husband and
14wife
between spouses or parent and child does not apply in a proceeding under this
15chapter.
SB111,3059 16Section 3059 . 769.401 (2) (a) of the statutes is amended to read:
SB111,1611,1717 769.401 (2) (a) A parent or presumed father parent of the child.
SB111,3060 18Section 3060 . 769.401 (2) (g) of the statutes is repealed.
SB111,3061 19Section 3061 . 801.02 (1) of the statutes is amended to read:
SB111,1611,2420 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
21personal judgment is sought is commenced as to any defendant when a summons and
22a complaint naming the person as defendant are filed with the court, provided service
23of an authenticated copy of the summons and of the complaint is made upon the
24defendant under this chapter within 90 days after filing.
SB111,3062 25Section 3062 . 801.50 (5sb) of the statutes is created to read:
SB111,1612,2
1801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
2the cause of action arose or where the petitioner or the respondent resides.
SB111,3063 3Section 3063 . 803.09 (1) of the statutes is amended to read:
SB111,1612,94 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone
5shall be permitted to intervene in an action when the movant claims an interest
6relating to the property or transaction which is the subject of the action and the
7movant is so situated that the disposition of the action may as a practical matter
8impair or impede the movant's ability to protect that interest, unless the movant's
9interest is adequately represented by existing parties.
SB111,3064 10Section 3064 . 803.09 (2) of the statutes is amended to read:
SB111,1612,2011 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone
12may be permitted to intervene in an action when a movant's claim or defense and the
13main action have a question of law or fact in common. When a party to an action
14relies for ground of claim or defense upon any statute or executive order or rule
15administered by a federal or state governmental officer or agency or upon any
16regulation, order, rule, requirement or agreement issued or made pursuant to the
17statute or executive order, the officer or agency upon timely motion may be permitted
18to intervene in the action. In exercising its discretion the court shall consider
19whether the intervention will unduly delay or prejudice the adjudication of the rights
20of the original parties.
SB111,3065 21Section 3065 . 803.09 (2m) of the statutes is repealed.
SB111,3066 22Section 3066 . 804.01 (2) (intro.) of the statutes is amended to read:
SB111,1612,2523 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315
24(9), and unless
otherwise limited by order of the court in accordance with the
25provisions of this chapter, the scope of discovery is as follows:
SB111,3067
1Section 3067. 805.04 (1) of the statutes is amended to read:
SB111,1613,92 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an
3action may be dismissed by the plaintiff without order of court by serving and filing
4a notice of dismissal at any time before service by an adverse party of responsive
5pleading or motion or by the filing of a stipulation of dismissal signed by all parties
6who have appeared in the action. Unless otherwise stated in the notice of dismissal
7or stipulation, the dismissal is not on the merits, except that a notice of dismissal
8operates as an adjudication on the merits when filed by a plaintiff who has once
9dismissed in any court an action based on or including the same claim.
SB111,3068 10Section 3068 . 805.04 (2p) of the statutes is created to read:
SB111,1613,1411 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed
12only by order of the court. In determining whether to dismiss the action filed under
13s. 20.9315, the court shall take into account the best interests of the parties and the
14purposes of s. 20.9315.
SB111,3069 15Section 3069 . 806.04 (11) of the statutes is amended to read:
SB111,1614,2116 806.04 (11) Parties. When declaratory relief is sought, all persons shall be
17made parties who have or claim any interest which would be affected by the
18declaration, and no declaration may prejudice the right of persons not parties to the
19proceeding. In any proceeding which involves the validity of a municipal ordinance
20or franchise, the municipality shall be made a party, and shall be entitled to be heard.
21If a statute, ordinance, or franchise is alleged to be unconstitutional, or to be in
22violation of or preempted by federal law, or if the construction or validity of a statute
23is otherwise challenged,
the attorney general shall also be served with a copy of the
24proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional,
25or to be in violation of or preempted by federal law, or if the construction or validity

1of a statute is otherwise challenged, the speaker of the assembly, the president of the
2senate, and the senate majority leader shall also be served with a copy of the
3proceeding, and the assembly, the senate, and the state legislature are entitled to be
4heard. If the assembly, the senate, or the joint committee on legislative organization
5intervenes as provided under s. 803.09 (2m), the assembly shall represent the
6assembly, the senate shall represent the senate, and the joint committee on
7legislative organization shall represent the legislature.
In any proceeding under this
8section in which the constitutionality, construction, or application of any provision
9of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay
10or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the
11parties, the joint committee for review of administrative rules shall be served with
12a copy of the petition and, with the approval of the joint committee on legislative
13organization, shall be made a party and be entitled to be heard. In any proceeding
14under this section in which the constitutionality, construction, or application of any
15provision of ch. 13, 20, 111, 227, or 230 or subch. I, III, or IV of ch. 16 or s. 753.075,
16or of any statute allowing a legislative committee to suspend, or to delay or prevent
17the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties,
18the joint committee on legislative organization shall be served with a copy of the
19petition and the joint committee on legislative organization, the senate committee
20on organization, or the assembly committee on organization may intervene as a party
21to the proceedings and be heard.
SB111,3070 22Section 3070 . 808.075 (4) (g) 3. of the statutes is amended to read:
SB111,1614,2423 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
24973.10 (2) (a) (bm) 2. a.
SB111,3071 25Section 3071 . 809.13 of the statutes is amended to read:
SB111,1615,5
1809.13 Rule (Intervention). A person who is not a party to an appeal may
2file in the court of appeals a petition to intervene in the appeal. A party may file a
3response to the petition within 11 days after service of the petition. The court may
4grant the petition upon a showing that the petitioner's interest meets the
5requirements of s. 803.09 (1), or (2), or (2m).
SB111,3072 6Section 3072 . 813.06 of the statutes is amended to read: