The use of videoconferencing technology in certain civil actions, the official text

2025 - 2026 LEGISLATURE
LRB-4588/1
SWB:klm

2025 SENATE BILL 448
September 29, 2025 - Introduced by Senators James and Marklein, cosponsored by Representatives Novak, Dittrich, Franklin, Gundrum, B. Jacobson, Kaufert, Kitchens, Knodl, Maxey, Melotik, Murphy, Mursau, Nedweski, O'Connor, Piwowarczyk, Subeck, Wichgers and Palmeri. Referred to Committee on Judiciary and Public Safety.

An Act to amend 885.60 (2) (d) of the statutes; relating to: the use of videoconferencing technology in certain civil actions.

Analysis by the Legislative Reference Bureau
Under current law, a circuit court generally may allow the use of videoconferencing technology during pretrial, trial or fact-finding, or post-trial proceedings, subject to certain technical standards and criteria. However, current law provides that a defendant in a criminal case (defendant) or a respondent in certain civil actions that could result in loss of liberty or fundamental rights with respect to the respondent’s children (respondent) is entitled to be physically present in the courtroom during his or her trial and at his or her sentencing or other dispositional hearing. Currently, if a defendant or respondent objects to the use of videoconferencing technology regarding a proceeding that the defendant or respondent has a right to attend in person, the court must sustain the objection. If a defendant or respondent objects to the use of videoconferencing technology regarding any other proceeding, current law allows the court to exercise its discretion in determining the objection.
This bill establishes a new exception to provide that, for objections by a respondent relating to the testimony of an expert witness by videoconference technology in matters relating to certain admissions, placements, or commitments, including for involuntary commitment and protective placement proceedings, even if a respondent is entitled to attend the proceeding in person, the court may exercise its discretion in determining the objection.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 885.60 (2) (d) of the statutes is amended to read:
885.60 (2) (d) If Except for an objection relating to the testimony of an expert witness by videoconference technology in a matter under ch. 51 or 55, if an objection is made by the defendant or respondent in a matter listed in sub. (1), regarding any proceeding where he or she is entitled to be physically present in the courtroom, the court shall sustain the objection. For all other proceedings in a matter listed in sub. (1), including an objection relating to the testimony of an expert witness by videoconference technology in a matter under ch. 51 or 55, the court shall determine the objection in the exercise of its discretion under the criteria set forth in s. 885.56.
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