Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
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Wisconsin does not require a party to contact or provide notice to the subpoenaing party before moving to quash, but the practice is recommended. Many attorneys are not aware of the reporter's privilege and are willing to voluntarily withdraw a subpoena after they learn of it. Before moving to quash, the reporter's attorney should provide the subpoenaing party a copy of Kurzynski and explain the reporter's privilege in Wisconsin.
Wisconsin
Wisconsin statutes do not require a party to file an objection or notice of intent to quash. See Wis. Stat. § 805.07.
Wisconsin
Wisconsin
A party should file the motion to quash in the court from which the subpoena was issued. See Wis. Stat. § 807.02.
Wisconsin
A party filing a motion to quash should not wait for a motion to compel.
Wisconsin
A motion to quash must be served no later than five business days before the hearing on the motion. See Wis. Stat. § 801.15(4).
Wisconsin
A motion to quash should set forth the basis for the motion, addressing the privilege test in Kurzynski. Specifically, a motion should explain that: (1) the subpoenaing party has not exhausted all alternative sources of the information; (2) the information sought from the journalist is cumulative; or (3) the information sought from the journalist is not irrelevant to an important issue in the case. See Kurzynski, 538 N.W.2d at 560.
Wisconsin
A copy of Kurzynski should be attached to the motion to quash for ease of reference.
Wisconsin
Wisconsin
The law does not require the court to conduct an in camera review of materials or to interview the reporter before deciding a motion to quash.
Wisconsin
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