Luckett v. Bodner

¶ 83. (dissenting). In affirming the decision of the court of appeals, the major*460ity seriously undermines the value of Wis. Stat. § 804.11(2) (2007-08)1 and rewrites the law on erroneous exercise of discretion. To understand the damage that is being done, we must examine the facts and law in full.

I

¶ 84. Chapter 804 in the Wisconsin Code of Civil Procedure pertains to "Depositions and Discovery." Wisconsin Stat. § 804.11, entitled "Requests for admission," is a vital part of this chapter.

¶ 85. Under Wis. Stat. § 804.11(l)(a), "a party may serve upon any other party a written request for the…