224, s. 93
806.36 (8) of the statutes is amended to read:
806.36 (8) A judgment shall be filed with the clerk of circuit court and docketed entered in the judgment and lien docket in foreign money in the same manner and shall have the same effect as other judgments.
224, s. 94
806.39 (2) of the statutes is amended to read:
806.39 (2) Notwithstanding sub. (1), a foreign judgment may be filed and docketed entered in the judgment and lien docket under s. 806.24.
224, s. 95
808.03 (1) of the statutes is amended to read:
808.03 (1) APPEALS AS OF RIGHT. A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment or order entered in accordance with s. 806.06 (1) (b) or 807.11 (2) or a disposition recorded in docket
court record entries in ch. 799 cases or traffic regulation or municipal ordinance violation cases prosecuted in circuit court which disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding.
224, s. 96
809.105 (3) (a) and (c) of the statutes are amended to read:
809.105 (3) (a) Fee. No fee for docketing filing an appeal in the court of appeals under this section may be required of a minor or of a member of the clergy who files an appeal under this section on behalf of the minor.
(c) (title) Docketing Filing in court of appeals. The clerk of the court of appeals shall docket file the appeal immediately upon receipt of the items specified in par. (b).
224, s. 97
809.105 (8) of the statutes is amended to read:
809.105 (8) ASSIGNMENT AND ADVANCEMENT OF CASES. The court of appeals shall take cases appealed under this section in an order that ensures that a judgment is made within 4 calendar days after the appeal has been docketed filed in the court of appeals. The time limit under this subsection may be extended with the consent of the minor and her counsel, if any, or the member of the clergy who initiated the appeal under this section, if any.
224, s. 98
809.11 (title) and (1) of the statutes are amended to read:
809.11 (title) Rule (Items to be filed, and forwarded and docketed). (1) (title) FEE TO BE FILED. The appellant shall file pay the filing fee with the notice of appeal the fee for docketing an appeal with the court of appeals.
224, s. 99
809.11 (2) of the statutes is amended to read:
809.11 (2) FORWARDING TO COURT OF APPEALS. The clerk of the trial court shall forward to the court of appeals, within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the docketing filing fee, and a copy of the trial court record (docket entries) of the case in the trial court maintained pursuant to s. 59.39 (2) or (3).
224, s. 100
809.11 (3) of the statutes is amended to read:
809.11 (3) (title) Docketing FILING IN COURT OF APPEALS. The clerk of the court of appeals shall docket file the appeal upon receipt of the items referred to in sub. (2).
224, s. 101
809.14 (1) of the statutes is amended to read:
809.14 (1) A party seeking an order or other relief in a docketed case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the position of other parties as to the granting of the motion. A motion may be supported by a memorandum. Any other party may file a response to the motion within 7 days of service of the motion.
224, s. 102
809.18 of the statutes is amended to read:
809.18 Rule (Voluntary dismissal). An appellant may dismiss an a filed appeal by filing a notice of dismissal. The notice must be filed in the court or, if the appeal is not yet docketed in the court filed, in the trial court. The dismissal of an appeal does not affect the status of a cross-appeal or the right of a respondent to file a cross-appeal.
224, s. 103
809.19 (2) of the statutes is amended to read:
809.19 (2) Appendix. The appellant's brief shall include a short appendix providing relevant docket
trial court record entries in the trial court, the findings or opinion of the trial court and limited portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the trial court's reasoning regarding those issues. The appendix shall include a table of contents. If the record is required by law to be confidential, the portions of the record included in the appendix shall be reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.
224, s. 104
809.25 (1) (d) of the statutes is amended to read:
809.25 (1) (d) Costs allowed by the court are taxed by the clerk in of the court of appeals irrespective of the filing by a party of a petition for review in the supreme court. In the event of review by the supreme court, costs are taxed by the clerk in of the supreme court as set forth in pars. (a) and (b). The clerk of the supreme court shall include in the remittitur the costs allowed in the court. The clerk of the trial circuit court shall docket enter the judgment for costs in accordance with s. 806.16.
224, s. 105
809.25 (2) (c) of the statutes is amended to read:
809.25 (2) (c) The clerk of the court of appeals may refuse to file, docket, record, certify, or render any other service without prepayment of the fees established by this section.
224, s. 106
812.31 (3) of the statutes is amended to read:
812.31 (3) An earnings garnishment action may not be commenced in a county other than the county where the judgment is entered unless a transcript of the judgment is docketed entered in that county.
224, s. 107
812.44 (2) of the statutes is amended to read:
812.44 (2) The notice filed by the creditor to initiate an earnings garnishment under s. 812.35 (1) shall be in substantially the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... County
A.B., Creditor File or Reference Number.....
C.D., Debtor GARNISHMENT
To the Clerk of Circuit Court:
Please take and file notice that the creditor has today commenced an earnings garnishment action under subchapter II of chapter 812 of the Wisconsin Statutes against the debtor and the garnishee to collect an unsatisfied civil judgment. The judgment was entered on the .... day of ...., 19.., by .... (County Circuit or Federal District) Court. The case number of the action in which the judgment is entered is .... [and a transcript of the judgment was docketed entered in this county in file number ....]. The creditor's total claim for the unsatisfied portion of this judgment plus statutory interest and costs is $....
The names and addresses last known to the creditor of the parties to this proceeding are as follows:
Signature of Creditor or Creditor's Attorney: ....
224, s. 108
814.10 (1) of the statutes is amended to read:
814.10 (1) CLERK'S DUTY, NOTICE, REVIEW. The clerk of circuit court shall tax and insert in the judgment and in the judgment and lien docket thereof, if the same judgment shall have been docketed entered, on the application of the prevailing party, upon three 3 days' notice to the other, the sum of the costs and disbursements as above provided in this chapter, verified by affidavit.
224, s. 109
814.60 (1) of the statutes is amended to read:
814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $20 for all necessary filing, entering, docketing or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 50% to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county.
224, s. 110
814.61 (5) (a) of the statutes is amended to read:
814.61 (5) (a) Issuing executions, certificates, commissions to take depositions, transcripts from the judgment and lien docket, and any writs not commencing an action or special proceeding.
224, s. 111
814.61 (5) (b) of the statutes is amended to read:
814.61 (5) (b) Filing and docketing
entering judgments, transcripts of judgments, liens, warrants and awards, including filing and docketing entering assignments or satisfactions of judgments, liens or warrants and withdrawals, satisfactions and voidances of tax warrants under s. 71.91 (5) (g).
224, s. 112
814.61 (11) of the statutes is amended to read:
814.61 (11) SEARCHES. For searching files or records to locate any one action when the person requesting the same search does not furnish the
docket or file case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the clerk's custody of the clerk of circuit court, $5.
224, s. 113
814.66 (1) (j) of the statutes is amended to read:
814.66 (1) (j) For searching files or records to locate any one action when the person requesting the same search does not furnish the docket or file case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the clerk's custody
of the clerk of circuit court, $4.
224, s. 114
815.04 (1) of the statutes is renumbered 815.04 (1) (a) and amended to read:
815.04 (1) (a) Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court docketed in entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition thereof, and when of the judgment. When an execution shall have has been so issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor. But if
(b) If no execution was on a judgment as described in par. (a) is issued within said 5 years after the rendition of the judgment, or, if application be is made by one other than the judgment creditor, execution shall issue
may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served, in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in such any other manner as that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that such the judgment or a portion thereof of the judgment remains unpaid, and that the petitioner is the bona fide owner thereof of the judgment, for value; but no.
(c) No executions shall issue or any proceedings be had commenced upon any judgment after 20 years from the rendition thereof of the judgment.
224, s. 115
815.05 (intro.) of the statutes is amended to read:
815.05 execution, how issued; contents. (intro.) The execution must shall be issued from and be sealed with the seal of the court and signed by the clerk of circuit court where the judgment roll, or a certified copy thereof of the judgment, or the transcript of the municipal judge's judgment is filed,. The execution shall be directed to the sheriff, or the coroner if the sheriff is a party or interested, and countersigned by the owner or his or her attorney
, and must. The execution shall intelligibly refer to the judgment, stating the court, the county where the judgment roll or a certified copy thereof
of the judgment or the transcript is filed, the names of the parties, the amount of the judgment, if it is for money, and the amount due
thereon on the judgment, and the time of docketing entry in the judgment and lien docket in the county to which the execution is issued, and shall. The execution shall require the officer, substantially as follows:
224, s. 116
815.05 (1) of the statutes is amended to read:
815.05 (1) If it be against the property of the judgment debtor, to satisfy the judgment out of the personal property of such the debtor, and if sufficient personal property cannot be found, out of the real property belonging to the judgment debtor on the day when the judgment was docketed entered in the judgment and lien docket in the county or at any time thereafter.
224, s. 117
815.05 (6) of the statutes is amended to read:
815.05 (6) If it is for the delivery of property, to deliver the possession of the same property, particularly describing it the property, to the party entitled thereto to the property, and may require the officer to satisfy any costs, damages or rents and profits covered by the judgment out of the personal property of the party against whom it
the judgment was rendered, and shall specify the value of the property for which the judgment was recovered; if a. If delivery of the property cannot be had is not possible and if sufficient personal property cannot be found, then
the officer may satisfy the judgment out of the real property belonging to the person against whom the execution was rendered on the day when the judgment was docketed
entered in the judgment and lien docket or at any time thereafter. When a judgment in replevin is entered against the principal and also against the principal's sureties under s. 810.15, the execution shall direct that the property of the surety shall not be levied on unless the property found, belonging to the principal, is not sufficient to satisfy the judgment.
224, s. 118
815.07 of the statutes is amended to read:
815.07 To what county issued. When the execution is against the property of the judgment debtor it, the execution may be issued to the sheriff of any county where the judgment is docketed entered in the judgment and lien docket. When it the execution requires the delivery of real or personal property it must, the execution shall be issued to the sheriff of the county where the property or some part thereof of the property is situated. Executions may be issued at the same time to different counties.
224, s. 119
815.20 (2) of the statutes is amended to read:
815.20 (2) Any owner of an exempt homestead against whom a judgment has been rendered and docketed entered in the judgment and lien docket, and any heir, devisee or grantee of such the owner, or any mortgagee of such the homestead, may proceed under s. 806.04 for declaratory relief if such the homestead is less than $40,000 in value and the owner of such the judgment shall fail, for 10 days after demand, to execute a recordable release of such the homestead from the judgment owner's judgment lien.
224, s. 120
815.53 (1) of the statutes is amended to read:
815.53 (1) A certified copy of the docket of the creditor's judgment or of the record of the creditor's mortgage.
224, s. 121
815.62 of the statutes is amended to read:
815.62 Lien, how preserved after execution sale; clerk's fee. To preserve the lien of the original judgment upon lands and subject them to sale on execution under s. 815.61, the person aggrieved shall, within 20 days after the payment for which he or she claims a contribution, file an affidavit with the clerk of the circuit court in which the original judgment was rendered, stating the sum paid and his or her claim to use the judgment for the reimbursement thereof; and the of the payment. The clerk of circuit court shall enter in the margin of the judgment and lien docket of the judgment, the sum so paid and that the judgment is claimed to be a lien to in that amount. To preserve the lien upon property situated in some other
a county other than the county where the circuit court that rendered the judgment is located, a similar affidavit and notice must shall be filed with the clerk of the circuit court for that county and a like entry made upon the judgment and lien docket of the judgment in that county. The clerk's fee of the clerk of circuit court for making the entry upon the docket is prescribed in s. 814.61 (5).
224, s. 122
815.63 of the statutes is amended to read:
815.63 Sheriff's deed; writ of assistance. Whenever title has been perfected to any real estate sold on execution, or to any part or interest in the real estate, and the defendant in execution, or any other person claiming under the defendant by title accruing subsequently to the docketing entry of the judgment in the judgment and lien docket upon which it the judgment was issued, shall be in possession of that real estate or part or interest in that real estate, and, upon demand of the person in whom
such the title has been perfected, refuses to surrender the possession, the person may apply to the court from which the execution issued, by verified petition, for a writ of assistance to obtain possession. A copy of this petition, with a notice of the time and place when and where the petition will be presented, must shall be served upon the person against whom the writ is prayed issued at least 10 days before the petition is presented; the. The petition may be served as a summons in an action in the circuit court. The court may direct such the writ to issue, and the writ shall be executed and return made in the same manner as upon a sale upon a judgment for foreclosure of a mortgage.