2017 Wisconsin Statutes & Annotations
Chapter 885. Witnesses and oral testimony.
885.03 Service of subpoena.
885.03 Service of subpoena. Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.
Section 972.11 (1) points in 2 different directions. The rules of civil procedure are applicable generally to criminal proceedings and the application of the rules of civil procedure mandates reasonable diligence for substituted service of a subpoena. On the other hand, ch. 885 is to apply in all criminal proceedings and this section sets forth 3 manners for service of a subpoena that do not include the reasonable diligence mandate. Because s. 972.11 (1) explicitly references it, ch. 885 is the more specific textual provision. Thus, service of a witness subpoena in a criminal proceeding is controlled by this section, which provides only that “any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode." State v. Wilson, 2017 WI 63, 376 Wis. 2d 92, 896 N.W.2d 682, 15-0671.
