Wisconsin Statutes - Summons Form - Legal Process Servers

801.095 Summons Form.

The summons shall be substantially in one of the forms specified in subs. (1) to (4). The applicable form depends on the type of service and on whether a complaint is served with the summons, in accordance with s. 801.09. The forms are:

(1) Personal service; complaint attached.

STATE OF WISCONSIN CIRCUIT COURT: ___________ COUNTY
A. B. Address City, State Zip Code File No._______,
, Plaintiff
vs. S U M M O N S
C. D.
Address _______(Case Classification Type): _______ (Code No.)
City, State Zip Code
, Defendant

THE STATE OF WISCONSIN, To each person named above as a Defendant:
You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action.

Within 45 days of receiving this summons, you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is _____, and to _____, Plaintiff’s attorney, whose address is _____. You may have an attorney help or represent you.

If you do not provide a proper answer within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

Dated: _____, _____ (year) Signed: __________ __________
A. B., Plaintiff or E. F., Plaintiff’s Attorney State Bar No.: _____ Address: _______ City, State Zip Code: _______ Phone No: _____
NOTE: Sub. (1) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).

(2) Personal service; no complaint attached.

THE STATE OF WISCONSIN, To each person named above as a Defendant:
You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you.

Within 45 days of receiving this summons, you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is _____, and to _____, Plaintiff’s attorney, whose address is _____. You may have an attorney help or represent you.

If you do not demand a copy of the complaint within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.
Dated: _____, _____ (year)
Signed: ____________
A. B., Plaintiff
or
E. F., Plaintiff’s Attorney
State Bar No.: _____
Address: _____
City, State Zip Code: _____
Phone No.: _____

NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).

(3) No personal service; complaint served at the same time.

THE STATE OF WISCONSIN, To each person named above as a Defendant:
You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is also served upon you, states the nature and basis of the legal action.

Within 45 days after _____, _____ (year), you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is _____, and to _____, Plaintiff’s attorney, whose address is _____. You may have an attorney help or represent you.

NOTE: Sub. (3) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).

801.095 – ANNOT. NOTE: 1999 Wis. Act 32 mistakenly stated “40 days” rather than “45 days” in the 3rd full paragraph of the form. The form is printed here with the correct number. Legislation is pending that confirms that no change to the 3rd paragraph of the form was intended.

(4) No personal service; complaint not served at the same time.

THE STATE OF WISCONSIN, To each person named above as a Defendant:
You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

Within 45 days after _____, _____ (year), you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is _____, and to _____, Plaintiff’s attorney, whose address is _____. You may have an attorney help or represent you.

NOTE: Sub. (4) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).

History: 1983 a. 323; Sup Ct. Order, 171 Wis. 2d xix (1992); 1997 a. 187, 250; 1999 a. 32; s. 13.93(2)(c).

801.10 Summons, by whom served.

(1) Who may serve. An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence.

(2) Endorsement. At the time of service, the person who serves a copy of the summons shall sign the summons and shall indicate thereon the time and date, place and manner of service and upon whom service was made. If the server is a sheriff or deputy sheriff, the server’s official title shall be stated. Failure to make the endorsement shall not invalidate a service but the server shall not collect fees for the service.

(3) Proof of service. The person making service shall make and deliver proof of service to the person on whose behalf service was made who shall promptly file such proof of service. Failure to make, deliver, or file proof of service shall not affect the validity of the service.

(4) Proof if service challenged. If the defendant appears in the action and challenges the service of summons upon the defendant, proof of service shall be as follows:

(a) Personal or substituted personal service shall be proved by the affidavit of the server indicating the time and date, place and manner of service, that the server is an adult resident of the state of service not a party to the action, that the server knew the person served to be the defendant named in the summons and that the server delivered to and left with the defendant an authenticated copy of the summons. If the defendant is not personally served, the server shall state in the affidavit when, where and with whom the copy was left, and shall state such facts as show reasonable diligence in attempting to effect personal service on the defendant. If the copy of the summons is served by a sheriff or deputy sheriff of the county in this state where the defendant was found, proof may be by the sheriff’s or deputy’s certificate of service indicating time and date, place, manner of service and, if the defendant is not personally served, the information required in the preceding sentence. The affidavit or certificate constituting proof of service under this paragraph may be made on an authenticated copy of the summons or as a separate document.

(b) Service by publication shall be proved by the affidavit of the publisher or printer, or the foreman or principal clerk, stating that the summons was published and specifying the date of each insertion, and by an affidavit of mailing of an authenticated copy of the summons, with the complaint or notice of the object of the action, as the case may require, made by the person who mailed the same.

(c) The written admission of the defendant, whose signature or the subscription of whose name to such admission shall be presumptive evidence of genuineness.
History: Sup. Ct. Order, 67 Wis. 2d 585, 600 (1975); 1975 c. 218; Sup. Ct. Order, 92 Wis. 2d xiii (1979).

Judicial Council Committee’s Note, 1979: Sub. (2) is amended to clarify that the individual who serves the summons on behalf of the plaintiff under the procedures in the Wisconsin Rules of Civil Procedure must indicate on the copy of the summons served both the time and date of service. There is presently a lack of uniformity of interpretation in Wisconsin of the term “time” in 801.10 (2). Some jurisdictions interpret it to include time and date of service while other jurisdictions interpret it as only the date of service. Clarifying that both the time and date of service must be indicated in the serving of the summons will insure that this potentially valuable information is noted on the served copy of every summons in Wisconsin. Sub. (4) (a) is amended to also apply the requirement for indicating time and date of service to the affidavits and certificates of service used when proof of service is challenged.

[Re Order effective Jan. 1, 1980]

Case Notes:

1. A party is required to show strict compliance with the requirements of this section when service is challenged. Dietrich v. Elliot, 190 Wis. 2d 816, 528 N.W.2d 17 (Ct. App. 1995).

2. Service by a nonresident constitutes a fundamental defect compelling dismissal for lack of jurisdiction. Bendimez v. Neidermire, 222 Wis. 2d 356, 588 N.W.2d 55 (Ct. App. 1998).

801.11 Personal jurisdiction, manner of serving summons for.

A court of this state having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in s. 801.05 may exercise personal jurisdiction over a defendant by service of a summons as follows:

(1) NATURAL PERSON. Except as provided in sub. (2) upon a natural person:

(a) By personally serving the summons upon the defendant either within or without this state.

(b) If with reasonable diligence the defendant cannot be served under par. (a), then by leaving a copy of the summons at the defendant’s usual place of abode:

1. In the presence of some competent member of the family at least 14 years of age, who shall be informed of the contents thereof;

1m. In the presence of a competent adult, currently residing in the abode of the defendant, who shall be informed of the contents of the summons; or

2. Pursuant to the law for the substituted service of summons or like process upon defendants in actions brought in courts of general jurisdiction of the state in which service is made.

(c) If with reasonable diligence the defendant cannot be served under par. (a) or (b), service may be made by publication of the summons as a class 3 notice, under ch. 985, and by mailing. If the defendant’s post-office address is known or can with reasonable diligence be ascertained, there shall be mailed to the defendant, at or immediately prior to the first publication, a copy of the summons and a copy of the complaint. The mailing may be omitted if the post-office address cannot be ascertained with reasonable diligence.

(d) In any case, by serving the summons in a manner specified by any other statute upon the defendant or upon an agent authorized by appointment or by law to accept service of the summons for the defendant.

(2) NATURAL PERSON UNDER DISABILITY. Upon a natural person under disability by serving the summons in any manner prescribed in sub. (1) upon such person under disability and, in addition, where required by par. (a) or (b), upon a person therein designated. A minor 14 years of age or older who is not mentally incompetent and not otherwise under guardianship is not a person under disability for purposes of this subsection.

(a) Where the person under disability is a minor under the age of 14 years, summons shall be served separately in any manner prescribed in sub. (1) upon a parent or guardian having custody of the child, or if there is none, upon any other person having the care and control of the child. If there is no parent, guardian or other person having care and control of the child when service is made upon the child, then service of the summons shall also be made upon the guardian ad litem after appointment under s. 803.01.

(b) Where the person under disability is known by the plaintiff to be under guardianship of any kind, a summons shall be served separately upon the guardian in any manner prescribed in sub. (1), (5) or (6). If no guardian has been appointed when service is made upon a person known to the plaintiff to be incompetent to have charge of the person’s affairs, then service of the summons shall be made upon the guardian ad litem after appointment under s. 803.01.

(3) STATE. Upon the state, by delivering a copy of the summons and of the complaint to the attorney general or leaving them at the attorney general’s office in the capitol with an assistant or clerk.

(4) OTHER POLITICAL CORPORATIONS OR BODIES POLITIC.

(a) Upon a political corporation or other body politic, by personally serving any of the specified officers, directors, or agents:

1. If the action is against a county, the chairperson of the county board or the county clerk;

2. If against a town, the chairperson or clerk thereof;

3. If against a city, the mayor, city manager or clerk thereof;

4. If against a village, the president or clerk thereof;

5. If against a technical college district, the district board chairperson or secretary thereof;

6. If against a school district or school board, the president or clerk thereof; and

7. If against any other body politic, an officer, director, or managing agent thereof.

(b) In lieu of delivering the copy of the summons to the person specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office.

(5) DOMESTIC OR FOREIGN CORPORATIONS OR LIMITED LIABILITY COMPANIES, GENERALLY. Upon a domestic or foreign corporation or domestic or foreign limited liability company:

(a) By personally serving the summons upon an officer, director or managing agent of the corporation or limited liability company either within or without this state. In lieu of delivering the copy of the summons to the officer specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office.

(b) If with reasonable diligence the defendant cannot be served under par. (a), then the summons may be served upon an officer, director or managing agent of the corporation or limited liability company by publication and mailing as provided in sub. (1). (c) By serving the summons in a manner specified by any other statute upon the defendant or upon an agent authorized by appointment or by law to accept service of the summons for the defendant.

(d) If against any insurer, to any agent of the insurer as defined by s. 628.02. Service upon an agent of the insurer is not valid unless a copy of the summons and proof of service is sent by registered mail to the principal place of business of the insurer within 5 days after service upon the agent. Service upon any insurer may also be made under par. (a).

(6) PARTNERS AND PARTNERSHIPS. A summons shall be served individually upon each general partner known to the plaintiff by service in any manner prescribed in sub. (1), (2) or (5) where the claim sued upon arises out of or relates to partnership activities within this state sufficient to subject a defendant to personal jurisdiction under s. 801.05 (2) to (10). A judgment rendered under such circumstances is a binding adjudication individually against each partner so served and is a binding adjudication against the partnership as to its assets anywhere.

History: Sup. Ct. Order, 67 Wis.2d 585, 602 (1975); 1975 c. 218; 1977 c. 339 s. 43; 1979 c. 89, 102, 177; 1983 a. 192 s. 303 (2); 1985 a. 225; Sup. Ct. Order, 130 Wis.2d xix (1986); 1993 a. 112, 184, 265, 399, 491; 1997 a. 140.

Cross-reference: As to service on corporation, see also s. 180.0504.
Judicial Council Note, 1986: Sub. (1) (b) is amended to permit substituted service upon residents of other states. Service upon nonresidents may be made either as provided for Wisconsin residents or in accordance with the substituted service rule of the state wherein service is made. [Re Order eff. 7-1-86]

There is no requirement in cases of substituted service that the affidavit recite that the process server used “reasonable diligence” in attempting to make personal service, but substituted service after 2 calls when defendant was not found, with no effort to learn where he was, was not sufficient to support jurisdiction. Heaston v. Austin, 47 Wis.2d 67, 176 N.W.2d 309.

Where a village is defendant, service is void if made upon the clerk’s wife in his absence. Town of Washington v. Village of Cecil, 53 Wis.2d 710, 193 N.W.2d 674.

The words “apparently in charge of the office” in (5) (a) refer to what is apparent to the process server. When a receptionist referred the process server to her superior, who did not send the server to the proper office, the server could serve him, particularly since the superior had accepted service of process in other actions without objection by the company. Keske v. Square D Co. 58 Wis.2d 307, 206 N.W.2d 189.

Where personal jurisdiction is challenged under the “long arm” statutes, the burden is on the plaintiff to prove prima facie the facts supporting jurisdiction. A plaintiff who relies on (5) is required to establish as a predicate that the defendant entered into some consensual agreement with the plaintiff which contemplated a substantial contact in Wisconsin. Afram v. Balfour, Maclaine, Inc. 63 Wis.2d 702, 218 N.W.2d 288.

Where affidavit of service under (5) (a) did not identify person served as one specified in (5) (a), no presumption of due service was raised. Danielson v. Brody Seating Co. 71 Wis.2d 424, 238 N.W.2d 531.

Where husband could have ascertained wife’s address by contacting any one of several relatives and in-laws, prerequisite “due diligence” for service by publication was not established, despite sheriff’s affidavit. West v. West, 82 Wis.2d 158, 262 N.W.2d 87.
County civil service commission is “body politic” under (4) (a) 7. Watkins v. Milwaukee County Civil Service Comm. 88 Wis.2d 411, 276 N.W.2d 775 (1979). Exact identity and job title of person upon whom service was made was not critical to issue of whether person was “apparently in charge of office” under (5) (a). Horrigan v. State Farm Ins. Co. 106 Wis.2d 675, 317 N.W.2d 474 (1982).

See note to 62.13, citing Gibson v. Racine Police & Fire Comm. 123 Wis.2d 150, 366 N.W.2d 144 (Ct. App. 1985).

“Reasonable diligence” under (1) discussed. Welty v. Heggy, 124 Wis.2d 318, 369 N.W.2d 763 (Ct. App. 1985).

Indian tribal sovereignty is not infringed by service of process in a state action made on tribal lands. Landerman v. Martin, 191 Wis.2d 788, 530 N.W.2d 62 (Ct. App. 1995).
Service of process on some of the partners in a general partnership is sufficient to properly commence a civil action against the partnership that will be binding on the partnership assets and the partners served. CH2M Hill, Inc. v. Black & Veatch, 206 Wis.2d 369, 557 N.W.2d 829 (Ct. App. 1996).

Admission of service by an assistant attorney general or a clerk specifically designated for that purpose by the attorney general will constitute service of process within the meaning of (3). 63 Atty. Gen. 467.

See note to 801.05, citing Chilcote v. Shertzer, 372 F Supp. 86.
NOTE: Section 801.11 (7) was repealed by 1997 Wis. Act 140. Corrective legislation is pending.

801.13 Summons; when deemed served. A summons is deemed served as follows:

(1) A summons served personally upon the defendant or by substituted personal service upon another authorized to accept service of the summons for the defendant is deemed served on the day of service.

(2) A summons served by publication is deemed served on the first day of required publication.

History: Sup. Ct. Order, 67 Wis.2d 585, 607 (1975).

805.07 Subpoena.

(1) ISSUANCE AND SERVICE. Subpoenas shall be issued and served in accordance with ch. 885. A subpoena may also be issued by any attorney of record in a civil action or special proceeding to compel attendance of witnesses for deposition, hearing or trial in the action or special proceeding.

(2) SUBPOENA REQUIRING THE PRODUCTION OF MATERIAL.

(a) A subpoena may command the person to whom it is directed to produce the books, papers, documents or tangible things designated therein.

(b) Notice of a third-party subpoena issued for discovery purposes shall be provided to all parties at least 10 days before the scheduled deposition in order to preserve their right to object. If a third-party subpoena requests the production of books, papers, documents or tangible things that are within the scope of discovery under s. 804.01 (2) (a), those objects shall not be provided before the time and date specified in the subpoena. The provisions under this paragraph apply unless all of the parties otherwise agree.

(3) PROTECTIVE ORDERS. Upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, the court may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things designated therein.

(4) FORM.

(a) The subpoena shall be in the following form:

SUBPOENA
STATE OF WISCONSIN
________ County
THE STATE OF WISCONSIN, TO ________ :
Pursuant to section 805.07 of the Wisconsin Statutes, you are hereby commanded to appear in person before [____ designating the court, officer, or person and place of appearance], on [____ date] at ____ o’clock __. M., to give evidence in an action between ____, plaintiff, and ____, defendant. [Insert clause requiring the production of material, if appropriate]. Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions. Issued this ____ day of ____, ____ (year)
[Handwritten Signature]
Attorney for [identify party]
(or other official title)
[Address]
[Telephone Number]

(b) For a subpoena requiring the production of material, the following shall be inserted in the foregoing form: You are further commanded to bring with you the following: [describing as accurately as possible the books, papers, documents or other tangible things sought].

(5) SUBSTITUTED SERVICE. A subpoena may be served in the manner provided in s. 885.03 except that substituted personal service may be made only as provided in s. 801.11 (1) (b) and except that officers, directors, and managing agents of public or private corporations or limited liability companies subpoenaed in their official capacity may be served as provided in s. 801.11 (5) (a).

(6) Motions under sub. (3) may be heard as prescribed in s. 807.13.
History: Sup. Ct. Order, 67 Wis.2d 585, 697 (1975); 1979 c. 110; Sup. Ct. Order, 141 Wis.2d xiii (1987); 1987 a. 155; 1993 a. 112; Sup. Ct. Order, No. 95-09, 195 Wis.2d xiii (1996); 1997 a. 250.

Judicial Council Note, 1988: Sub. (6) [created] allows motions for protective orders to be heard by telephone conference. [Re Order effective Jan. 1, 1988]

Judicial Council Note, 1995: Sub. (2) (b) requires notice of third-party discovery subpoenas in order to preserve the right of other parties to move to quash them. Court may quash under (3) only subpoena to compel production of tangible things, not subpoena to compel attendance of witnesses. State v. Gilbert, 109 Wis.2d 501, 326 N.W.2d 744 (1982).

885.01 Subpoenas, who may issue.

The subpoena need not be sealed, and may be signed and issued as follows:

(1) By any judge or clerk of a court or court commissioner or municipal judge, within the territory in which the officer or the court of which he or she is the officer has jurisdiction, to require the attendance of witnesses and their production of lawful instruments of evidence in any action, matter or proceeding pending or to be examined into before any court, magistrate, officer, arbitrator, board, committee or other person authorized to take testimony in the state.

(2) By the attorney general or any district attorney or person acting in his or her stead, to require the attendance of witnesses, in behalf of the state, in any court or before any magistrate and from any part of the state.

(3) By the chairperson of any committee of any county board, town board, common council or village board to investigate the affairs of the county, town, city or village, or the official conduct or affairs of any officer thereof.

(4) By any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee or other person authorized to take testimony, or by any member of a board, commission, authority or committee which is authorized to take testimony, within their jurisdictions, to require the attendance of witnesses, and their production of documentary evidence before them, respectively, in any matter, proceeding or examination authorized by law; and likewise by the secretary of revenue and by any agent of the department of agriculture, trade and consumer protection.

(5) By the department of workforce development or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 U.S.C. § 2011 to 2029.

History: 1971 c. 164; 1973 c. 272, 305, 336; 1977 c. 29 s. 1650m (4); 1977 c. 305; 1979 c. 34; 1989 a. 56; 1993 a. 486; 1997 a. 191.

Cross-reference: See s. 805.07 concerning issuance of subpoenas by attorneys of record.
See note to 71.74, citing State v. Beno, 99 Wis.2d 77, 298 N.W.2d 405 (Ct. App. 1980).
See note to 120.13, citing Racine Unified School Dist. v. Thompson, 107 Wis.2d 657, 321 N.W.2d 334 (Ct. App. 1982).

See note to 227.46, citing 68 Atty. Gen. 251.

885.02 Form of subpoena.

(1) The subpoena may be in the following form:
SUBPOENA
STATE OF WISCONSIN
________ County

THE STATE OF WISCONSIN, TO ________ :
You are hereby required to appear before _______ (designating the court, officer or person and place of appearance), on the _______ day of _______, at _______ o’clock in the _______ noon of that day, to give evidence in a certain cause then and there to be tried between _______, plaintiff, and _______, defendant, on the part of the _______ (or to give evidence in the matter [state sufficient to identify the matter or proceeding in which the evidence is to be given] then and there to be heard, on the part of _______). Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions.
Given under my hand this _______ day of _______, _______ (year)
_______ (Give official title)

(2) For a subpoena requiring the production of materials, the following or its equivalent may be added to the foregoing form (immediately before the attestation clause): and you are further required to bring with you the following papers and documents (describing them as accurately as possible).

History: 1977 c. 305; 1979 c. 110; 1985 a. 332; 1987 a. 155; 1997 a. 250.

885.03 Service of subpoena. Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness’s abode.

885.04 Municipal judge; subpoena served in state. A subpoena to require attendance before a municipal judge may be served anywhere in the state if authorized by the municipal judge, and shall require the attendance of any witness so served.

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