(2)

49.89 (2) because of the provision of benefits under subch. IV of ch. 49 , the department of health services need not sign a waiver of the right to participate in order to have its interests represented by the party that caused the joinder. If the department of health services makes no selection under par. (b) , the party causing the joinder shall represent the interests of the department of health services and the department of health services shall be bound by the judgment in the action.

803.03(2)(c)

(c)

Scheduling and pretrial conferences.

At the scheduling conference and pretrial conference, the judge to whom the case has been assigned shall inquire concerning the existence of and joinder of persons with subrogated, derivative or assigned rights and shall make such orders as are necessary to effectuate the purposes of this section. If the case is an action to recover damages based on alleged criminally injurious conduct, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s.