782.44 Prisoner brought for trial or as witness. This chapter does not restrain the power of courts to issue a writ of habeas corpus, to bring before them any prisoner for trial or as a witness.
History: 1979 c. 32 s. 59; Stats. 1979 s. 782.44.
The trial court in determining whether to grant the writ should weigh the interest of the prisoner in presenting testimony in person against the state's interest in maintaining the prisoner's confinement. Eight listed factors are to be considered. State ex rel. Rilla v. Dodge County Circuit Court 76 Wis. 2d 429, 251 N.W.2d 476 (1977).
Whether to proceed with civil litigation or to hold it in abeyance while a party is incarcerated depends on the nature of the case, the practical concerns raised by the prisoner's appearance, and the alternative methods available to provide the prisoner with access to the hearing. Schmidt v. Schmidt, 212 Wis. 2d 405, 569 N.W.2d 74 (Ct. App. 1997), 96-3699.
A writ of habeas corpus prosequendum does not constitute a detainer subject to the requirements of the Interstate Agreement on Detainers, s. 976.05. State v. Eesley, 225 Wis. 2d 248, 591 N.W.2d 846 (1999), 97-1839.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
782.01 - Habeas corpus, who to have; definitions.
782.05 - Application to officer in another county.
782.06 - Writ granted without delay.
782.08 - Writ, when sufficient.
782.11 - Petitioner, when to pay charges.
782.12 - Service of writ, when complete.
782.14 - Return, what to state.
782.15 - Prisoner produced, exception.
782.16 - Obedience to writ compelled.
782.17 - Attachment of sheriff.
782.18 - Attachment may issue.
782.19 - Return may be traversed.
782.20 - When party discharged.
782.22 - Discharge if in custody under process.
782.23 - Prisoner, when bailed.
782.24 - Prisoner, when remanded.
782.25 - Custody of prisoner pending proceedings.
782.26 - Interested person notified.
782.27 - Notice to district attorney.
782.28 - Transfer from circuit court commissioner.
782.29 - Proceedings in absence of prisoner; appearance by attorney.
782.30 - Order of discharge, how enforced, action for damages.
782.31 - Nonliability of officers.
782.32 - Reimprisonment for same cause; when cause not same.
782.33 - Warrant in lieu of writ.
782.35 - Warrant, how executed.
782.36 - Proceedings for unlawful detention.
782.37 - Penalty for refusing papers.
782.38 - Reimprisoning party discharged.
782.39 - Concealment of person entitled to writ.
782.44 - Prisoner brought for trial or as witness.
782.45 - Witness fees, inmates of state institutions.
782.46 - Habeas corpus not available to prisoners passing through this state.