Feed for /1999/statutes/statutes/799 PDF
A. B.
Address
City, State Zip Code File No. ....
, Plaintiff
vs. S U M M O N S (SMALL CLAIMS)
C.D.
Address
City, State Zip Code
, Defendant
THE STATE OF WISCONSIN, to the Defendant:
You are being sued for:
.... Eviction
.... Return of Property
.... Confirmation, vacation, modification or correction of arbitration award
.... $........
If you wish to dispute this matter, you must then be in Room...., of the .... (County) County Courthouse, .... (address), .... (city), Wisconsin before .... o'clock (a.m.) (p.m.), on ...., .... (year) If you do not appear, a judgment may be given to the person suing you for what that person is asking.
You are encouraged to bring with you all papers and documents relating to this matter, but there is no need to bring witnesses at this time.
Dated at .... County, Wisconsin, this .... day of ...., .... (year)
Signed: .... ....
E. F., Clerk of Circuit Court
or
G. H., Plaintiff's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
799.05 History History: 1977 c. 345; 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 108; 1979 c. 176 s. 85; 1979 c. 177 s. 85; Stats. 1979 s. 799.05; Sup. Ct. Order, 130 Wis. 2d xi; 1987 a. 142, 208, 403; 1989 a. 56; 1991 a. 163, 236; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1993 a. 80; 1997 a. 250.
Effective date note Judicial Council Note, 1986: Sub. (3) is amended by extending from 17 to 30 days the period between the issuance of the summons and the return date, in order to permit timely service on defendants who are not residents of the county where the action is pending. [Re Order eff. 7-1-86]
799.06 799.06 Actions; how commenced, pleadings, appearances.
799.06(1)(1)Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or court commissioner may require written pleadings in a particular case.
799.06(2) (2) A person may commence and prosecute or defend an action or proceeding under this chapter and may appear in his, her or its own proper person or by an attorney regularly authorized to practice in the courts of this state. Under this subsection, a person is considered to be acting in his, her or its own proper person if the appearance is by a full-time authorized employee of the person. An assignee of any cause of action under this chapter shall not appear by a full-time authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state.
799.06(3) (3) The complaint in an eviction action shall conform to s. 799.41. The complaint in other actions under this chapter shall be in writing and shall be substantially in the following form:
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
A. B.
Address
City, State Zip Code File No. ....
, Plaintiff
vs. C O M P L A I N T
C. D.
Address .... (Case Classification Type): .... (Code No.)
City, State Zip Code
, Defendant
For the Plaintiff's claim against Defendant, Plaintiff states that:
1. Plaintiff's injuries or losses occurred on or about .... (month and day), .... (year), and under the following circumstances (brief statement of the facts of plaintiff's claim):
2. Wherefore, Plaintiff demands judgment for (return of property) (confirmation, vacation, modification or correction of arbitration award) (the sum of $....) plus attorney fees, if any, costs of this suit and such other relief as the court deems proper.
Signed: ....
A. B., Plaintiff
or
E. F., Plaintiff's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
799.06 History History: Sup. Ct. Order, 67 Wis. 2d 585, 764 (1975); 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 108; Stats. 1979 s. 799.06; 1987 a. 208; 1991 a. 163; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1997 a. 250.
799.06 Annotation Sub. (2) authorizes a non-lawyer employee to represent a party to a small claims action at the appellate as well as trial court level. Holz v. Busy Bees Contracting, Inc. 223 Wis. 2d 598, 589 N.W.2d 633 (Ct. App. 1998).
799.07 799.07 File of summons; forfeiture tickets; warrants. The clerk shall keep a file of summons issued by the clerk, of forfeiture tickets filed with the clerk, and of warrants for arrests issued by the clerk.
799.07 History History: 1979 c. 32 s. 66; Stats. 1979 s. 799.07; 1993 a. 486.
799.09 799.09 Public information. Information regarding the existence, location and hours of the circuit court's small claims system shall be disseminated and publicized throughout the county by the clerk of court. Each county shall produce and make available to all litigants in small claims actions publications explaining the procedures to be followed by litigants in small claims actions.
799.09 History History: 1977 c. 345, 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.09; 1987 a. 208.
799.10 799.10 Case file, court record.
799.10(1) (1)Clerk to maintain court record and case file. The clerk of circuit court shall maintain a court record of small claims cases, and a case file for each case in which there are papers other than the ones listed in s. 799.07 to be filed.
799.10(2) (2)Entries; what to contain. Entries in the court record shall include:
799.10(2)(a) (a) The number of the case;
799.10(2)(b) (b) The title of every action including the full names of the parties and their addresses, if known. If service is by mail, the clerk shall also enter the date when the summons is mailed to any defendant, and the name of the person to whom mailed;
799.10(2)(c) (c) The names of attorneys, if any, appearing in the action;
799.10(2)(d) (d) Type of action by reference to s. 799.01;
799.10(2)(e) (e) Nature of plea in forfeiture actions;
799.10(2)(f) (f) The judgment or final order entered, date of entering it and the amount of forfeiture or damages, costs and fees due to each person separately;
799.10(2)(g) (g) Satisfaction of forfeiture, or commitment for nonpayment of forfeiture or judgment;
799.10(2)(h) (h) The date of mailing notice of entry of judgment or final order as provided in s. 799.24;
799.10(2)(i) (i) Such additional entries as may be necessary to supply essential information not contained in the case file or reporter's record.
799.10(3) (3)Correcting court record. The judge has power at any time to order the court record corrected or any omission or additional entry supplied if the judge is satisfied that an error or omission exists or that one or more additional entries are needed.
799.10(4) (4)Time of court record entries. Entries in the court record shall be made not later than the time of the entry of the judgment or final order, or as soon thereafter as possible. No court record entries need be made in uncontested cases where the action is for a money forfeiture charging violation of a parking regulation.
799.10 History History: 1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.10; 1995 a. 224.
799.11 799.11 Venue.
799.11(1)(1) The venue of actions in which the procedure of this chapter is used is as follows:
799.11(1)(a) (a) In actions for garnishment, any county in which the garnishee resides or, if not a resident of the state, is found; or, the county in which the summons in the principal action has issued or where the judgment therein is entered.
799.11(1)(b) (b) In any claim arising out of a consumer transaction, as defined in s. 421.301 (13), or a consumer credit transaction, as defined in s. 421.301 (10), in the county specified by s. 421.401.
799.11(1)(c) (c) In actions for a forfeiture, the county in which the act occurred on which the action for forfeiture is based.
799.11(1)(d) (d) In actions to recover a tax, the county in which the tax was levied.
799.11(1)(e) (e) In all other actions, the county specified by s. 801.50.
799.11(2) (2) If there are several defendants, and if venue is based on residence, venue may be in the county of residence of any one of them.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?