Wisconsin § 767.88 Pretrial paternity proceedings.

Wisconsin Statutes

§ 767.88 — Pretrial paternity proceedings.

Wisconsin § 767.88

Ch. 767Actions affecting the family

Subch.subch. IX of ch. 767 SUBCHAPTER IX

PATERNITY

This text of Wisconsin § 767.88 (Pretrial paternity proceedings.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 767.88 (2026).

Text

88
88(1) (1) Procedure; evidence. A pretrial hearing shall be held before the court or a supplemental court commissioner under s. 757.675 (2) (g) . A record or minutes of the proceeding shall be kept. At the pretrial hearing the parties may present and cross-examine witnesses, request genetic tests, and present other evidence relevant to the determination of paternity.
88(2) (2) Court evaluation and recommendation. On the basis of the information produced at the pretrial hearing, the court shall evaluate the probability of determining the existence or nonexistence of paternity in a trial and shall so advise the parties. On the basis of the evaluation, the court may make an appropriate recommendation for settlement to the parties. This recommendation may include any of the follo

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767.88
767.88(1) (1) Procedure; evidence. A pretrial hearing shall be held before the court or a supplemental court commissioner under s. 757.675 (2) (g) . A record or minutes of the proceeding shall be kept. At the pretrial hearing the parties may present and cross-examine witnesses, request genetic tests, and present other evidence relevant to the determination of paternity.
767.88(2) (2) Court evaluation and recommendation. On the basis of the information produced at the pretrial hearing, the court shall evaluate the probability of determining the existence or nonexistence of paternity in a trial and shall so advise the parties. On the basis of the evaluation, the court may make an appropriate recommendation for settlement to the parties. This recommendation may include any of the following:
767.88(2)(a) (a) That the action be dismissed with or without prejudice.
767.88(2)(b) (b) That the alleged father voluntarily acknowledge paternity of the child.
767.88(2)(c) (c) If the alleged father voluntarily acknowledges paternity of the child, that he agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.
767.88(3) (3) Acceptance of recommendation; judgment. If the parties accept a recommendation made in accordance with this section, judgment shall be entered accordingly.
767.88(4) (4) Recommendation refused and no tests taken. If a party or the guardian ad litem refuses to accept a recommendation made under this section and genetic tests have not yet been taken, the court shall require the appropriate parties to submit to genetic tests. After the genetic tests have been taken the court shall make an appropriate final recommendation.
767.88(5) (5) Final recommendation not accepted; trial. If the guardian ad litem or any party refuses to accept any final recommendation, the action shall be set for trial.
767.88(6) (6) Termination of informal hearing. The informal hearing may be terminated and the action set for trial if the court finds it unlikely that all parties would accept a recommendation in this section.

Legislative History

767.88 History History: 1979 c. 352 ; 1983 a. 447 ; 1987 a. 27 ; Sup. Ct. Order, 141 Wis. 2d xxxix (1987); 1987 a. 355 ; 1993 a. 481 ; 1995 a. 100 ; 2001 a. 61 ; 2005 a. 443 ss. 201 , 259 ; Stats. 2005 s. 767.88.