Under Wisconsin Law, what is the test used to determine whether the option to produce business records can be used to answer interrogatory questions.
"THE BURDEN OF DRERIVING THE ANSWER FROM THE RECORDS MUST BE "SUBSTANTIALLY THE SAME FOR THE PERSON ASKING AS IT IS FOR THE PERSON ANSWERING THE INTERROGATORY"
So, if all the records requested are in FRENCH, they must be translated.
Wis. Stat. 804.08(3)
(3) Option to produce business records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records, including electronically stored information, and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:
(a) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(b) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.
a. A party shall produce documents as they are kept in the usual course of business or shall organize and label them to correspond to the categories in the request;
b. If a request does not specify a form for producing electronically stored information, a party shall produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and