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Wisconsin
Statutes
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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.
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. 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.
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 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. 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. (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.
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. 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. 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. (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.
History: 1977 c. 305.History: 1993 a.
486. |
We have used
Private Legal Process for a number of
years. They have always performed in a
competent, professional and timely
manner. We would recommend Private
Legal Process for your business.....
John H. Schiek
President
O'MELIA, SCHIEK &
McELDOWNEY, S.C. |