SB344,35,15
9806.21 Judgment satisfied not a lien; partial satisfaction. If a judgment
10is satisfied in whole or in part or as to any judgment debtor and
such the satisfaction
11docketed, such is entered in the judgment and lien docket, the judgment shall, to the
12extent of
such the satisfaction, cease to be a lien
; and any. Any execution
thereafter 13issued
after the satisfaction is entered in the judgment and lien docket shall contain
14a direction to collect only the residue
thereof of the judgment, or to collect only from
15the judgment debtors remaining liable
thereon.
SB344, s. 90
16Section
90. 806.22 of the statutes is amended to read:
SB344,35,23
17806.22 (title)
Filing transcript copy of satisfaction. If a satisfaction of a
18judgment has been entered on the
judgment and lien docket in the county where it
19was first
docketed entered, a certified
transcript copy of the
docket satisfaction or a
20certificate by the clerk
of circuit court, under official seal, showing the satisfaction,
21may be filed with the clerk of
the circuit court
in of any county where
it is docketed 22the judgment has been entered, and
such that clerk
of circuit court shall
thereupon 23make a similar entry on the
clerk's judgment and lien docket
of that county.
SB344, s. 91
24Section
91. 806.24 (3) (b) of the statutes is amended to read:
SB344,36,9
1806.24
(3) (b) Promptly upon the filing of the foreign judgment and affidavit,
2the clerk
of circuit court shall mail notice of the filing of the foreign judgment to the
3judgment debtor at the address given and shall make a note of the mailing
in on the
4docket court record. The notice shall include the name and post-office address of the
5judgment creditor and the judgment creditor's lawyer, if any, in this state. In
6addition, the judgment creditor may mail a notice of the filing of the judgment to the
7judgment debtor and may file proof of mailing with the clerk
of circuit court. Lack
8of mailing notice of filing by the clerk
of circuit court shall not affect the enforcement
9proceedings if proof of mailing by the judgment creditor has been filed.
SB344, s. 92
10Section
92. 806.245 (5) of the statutes is amended to read:
SB344,36,1411
806.245
(5) No lien or attachment based on a tribal court judgment may be
12filed,
docketed entered in the judgment and lien docket or recorded in this state
13against the real or personal property of any person unless the judgment has been
14given full faith and credit by a circuit court under this section.
SB344, s. 93
15Section
93. 806.36 (8) of the statutes is amended to read:
SB344,36,1816
806.36
(8) A judgment shall be filed
with the clerk of circuit court and
docketed 17entered in the judgment and lien docket in foreign money in the same manner and
18shall have the same effect as other judgments.
SB344, s. 94
19Section
94. 806.39 (2) of the statutes is amended to read:
SB344,36,2120
806.39
(2) Notwithstanding sub. (1), a foreign judgment may be filed and
21docketed entered in the judgment and lien docket under s. 806.24.
SB344, s. 95
22Section
95. 808.03 (1) of the statutes is amended to read:
SB344,37,523
808.03
(1) A
PPEALS AS OF RIGHT. A final judgment or a final order of a circuit
24court may be appealed as a matter of right to the court of appeals unless otherwise
25expressly provided by law. A final judgment or final order is a judgment or order
1entered in accordance with s. 806.06 (1) (b) or 807.11 (2) or a disposition recorded in
2docket court record entries in ch. 799 cases or traffic regulation or municipal
3ordinance violation cases prosecuted in circuit court which disposes of the entire
4matter in litigation as to one or more of the parties, whether rendered in an action
5or special proceeding.
SB344, s. 96
6Section
96. 809.105 (3) (a) and (c) of the statutes are amended to read:
SB344,37,97
809.105
(3) (a)
Fee. No fee for
docketing filing an appeal in the court of appeals
8under this section may be required of a minor or of a member of the clergy who files
9an appeal under this section on behalf of the minor.
SB344,37,1210
(c) (title)
Docketing Filing in court of appeals. The clerk of the court of appeals
11shall
docket file the appeal immediately upon receipt of the items specified in par.
12(b).
SB344, s. 97
13Section
97. 809.105 (8) of the statutes is amended to read:
SB344,37,1914
809.105
(8) A
SSIGNMENT AND ADVANCEMENT OF CASES. The court of appeals shall
15take cases appealed under this section in an order that ensures that a judgment is
16made within 4 calendar days after the appeal has been
docketed filed in the court of
17appeals. The time limit under this subsection may be extended with the consent of
18the minor and her counsel, if any, or the member of the clergy who initiated the
19appeal under this section, if any.
SB344, s. 98
20Section
98. 809.11 (title) and (1) of the statutes are amended to read:
SB344,37,23
21809.11 (title)
Rule (Items to be filed, and forwarded and docketed).
(1) 22(title)
FEE TO BE FILED
. The appellant shall
file pay the filing fee with the notice of
23appeal
the fee for docketing an appeal with the court of appeals.
SB344, s. 99
24Section
99. 809.11 (2) of the statutes is amended to read:
SB344,38,5
1809.11 (2) F
ORWARDING TO COURT OF APPEALS. The clerk of the trial court shall
2forward to the court of appeals
, within 3 days of the filing of the notice of appeal, a
3copy of the notice of appeal, the
docketing filing fee, and a copy of the trial court record
4(docket entries) of the case
in the trial court maintained pursuant to s. 59.39 (2) or
5(3).
SB344, s. 100
6Section
100. 809.11 (3) of the statutes is amended to read:
SB344,38,87
809.11
(3) (title)
Docketing FILING IN COURT OF APPEALS. The clerk of the court
8of appeals shall
docket file the appeal upon receipt of the items referred to in sub. (2).
SB344, s. 101
9Section
101. 809.14 (1) of the statutes is amended to read:
SB344,38,1510
809.14
(1) A party seeking an order or other relief in a
docketed case shall file
11a motion for the order or other relief. The motion must state the order or relief sought
12and the grounds on which the motion is based and may include a statement of the
13position of other parties as to the granting of the motion. A motion may be supported
14by a memorandum. Any other party may file a response to the motion within 7 days
15of service of the motion.
SB344, s. 102
16Section
102. 809.18 of the statutes is amended to read:
SB344,38,21
17809.18 Rule (Voluntary dismissal). An appellant may dismiss
an a filed 18appeal by filing a notice of dismissal. T
he notice must be filed in the court or, if
the
19appeal is not yet
docketed in the court filed, in the trial court. The dismissal of an
20appeal does not affect the status of a cross-appeal or the right of a respondent to file
21a cross-appeal.
SB344, s. 103
22Section
103. 809.19 (2) of the statutes is amended to read:
SB344,39,723
809.19
(2) Appendix. The appellant's brief shall include a short appendix
24providing relevant
docket trial court record entries i
n the trial court, the findings or
25opinion of the trial court and limited portions of the record essential to an
1understanding of the issues raised, including oral or written rulings or decisions
2showing the trial court's reasoning regarding those issues. The appendix shall
3include a table of contents. If the record is required by law to be confidential, the
4portions of the record included in the appendix shall be reproduced using first names
5and last initials instead of full names of persons, specifically including juveniles and
6parents of juveniles, with a notation that the portions of the record have been so
7reproduced to preserve confidentiality and with appropriate references to the record.
SB344, s. 104
8Section
104. 809.25 (1) (d) of the statutes is amended to read:
SB344,39,149
809.25
(1) (d) Costs allowed by the court are taxed by the clerk
in of the court
10of appeals irrespective of the filing by a party of a petition for review in the supreme
11court. In the event of review by the supreme court, costs are taxed by the clerk
in of 12the supreme court as set forth in pars. (a) and (b). The clerk
of the supreme court 13shall include in the remittitur the costs allowed in the court. The clerk of
the trial 14circuit court shall
docket enter the judgment for costs in accordance with s. 806.16.
SB344, s. 105
15Section
105. 809.25 (2) (c) of the statutes is amended to read:
SB344,39,1816
809.25
(2) (c) The clerk
of the court of appeals may refuse to file,
docket, record,
17certify, or render any other service without prepayment of the fees established by this
18section.
SB344, s. 106
19Section
106. 812.31 (3) of the statutes is amended to read:
SB344,39,2220
812.31
(3) An earnings garnishment action may not be commenced in a county
21other than the county where the judgment is entered unless
a transcript of the
22judgment is
docketed entered in that county.
SB344, s. 107
23Section
107. 812.44 (2) of the statutes is amended to read:
SB344,39,2524
812.44
(2) The notice filed by the creditor to initiate an earnings garnishment
25under s. 812.35 (1) shall be in substantially the following form:
SB344,40,1
1STATE OF WISCONSIN
SB344,40,22
CIRCUIT COURT: .... County
SB344,40,33
A.B., Creditor File or Reference Number.....
SB344,40,55
C.D., Debtor GARNISHMENT
SB344,40,77
E.F., Garnishee
SB344,40,99
To the Clerk of Circuit Court:
SB344,40,1710
Please take and file notice that the creditor has today commenced an earnings
11garnishment action under subchapter II of chapter 812 of the Wisconsin Statutes
12against the debtor and the garnishee to collect an unsatisfied civil judgment. The
13judgment was entered on the .... day of ...., 19.., by .... (County Circuit or Federal
14District) Court. The case number of the action in which the judgment is entered is
15.... [and a transcript of the judgment was
docketed
entered in this county in file
16number ....]. The creditor's total claim for the unsatisfied portion of this judgment
17plus statutory interest and costs is $....
SB344,40,1918
The names and addresses last known to the creditor of the parties to this
19proceeding are as follows:
SB344,40,2222
Address: ....
SB344,41,1
1Address: ....
SB344,41,44
Address: ....
SB344,41,55
Creditor's Attorney
SB344,41,77
Address: ....
SB344,41,88
Signature of Creditor or Creditor's Attorney: ....
SB344, s. 108
10Section
108. 814.10 (1) of the statutes is amended to read:
SB344,41,1511
814.10
(1) C
LERK'S DUTY, NOTICE, REVIEW. The clerk
of circuit court shall tax and
12insert in the judgment and in the
judgment and lien docket
thereof, if the
same 13judgment shall have been
docketed
entered, on the application of the prevailing
14party, upon
three 3 days' notice to the other, the sum of the costs and disbursements
15as
above provided
in this chapter, verified by affidavit.
SB344, s. 109
16Section
109. 814.60 (1) of the statutes is amended to read:
SB344,41,2217
814.60
(1) In a criminal action, the clerk of
circuit court shall collect a fee of
18$20 for all necessary filing, entering
, docketing or recording, to be paid by the
19defendant when judgment is entered against the defendant. Of the fees received by
20the clerk
of circuit court under this subsection, the county treasurer shall pay 50%
21to the state treasurer for deposit in the general fund and shall retain the balance for
22the use of the county.
SB344, s. 110
23Section
110. 814.61 (5) (a) of the statutes is amended to read:
SB344,42,3
1814.61
(5) (a) Issuing executions, certificates, commissions to take depositions,
2transcripts from
the judgment
and lien docket, and any writs not commencing an
3action or special proceeding.
SB344, s. 111
4Section
111. 814.61 (5) (b) of the statutes is amended to read:
SB344,42,85
814.61
(5) (b) Filing and
docketing
entering judgments, transcripts of
6judgments, liens, warrants and awards, including filing and
docketing entering 7assignments or satisfactions of judgments, liens or warrants and withdrawals,
8satisfactions and voidances of tax warrants under s. 71.91 (5) (g).
SB344, s. 112
9Section
112. 814.61 (11) of the statutes is amended to read:
SB344,42,1310
814.61
(11) S
EARCHES. For searching files or records to locate any one action
11when the person requesting the
same search does not furnish the
docket or file case 12number of the action, or to ascertain the existence or nonexistence of any instrument
13or record in the
clerk's custody
of the clerk of circuit court, $5.
SB344, s. 113
14Section
113. 814.66 (1) (j) of the statutes is amended to read:
SB344,42,1815
814.66
(1) (j) For searching files or records to locate any one action when the
16person requesting the
same search does not furnish the
docket or file case number
17of the action, or to ascertain the existence or nonexistence of any instrument or record
18in the
clerk's custody
of the clerk of circuit court, $4.
SB344, s. 114
19Section
114. 815.04 (1) of the statutes is renumbered 815.04 (1) (a) and
20amended to read:
SB344,43,221
815.04
(1) (a) Upon any judgment of a court of record perfected as specified in
22s. 806.06 or any judgment of any other court
docketed in entered in the judgment
23and lien docket of a court of record, execution may issue at any time within 5 years
24after the rendition
thereof, and when of the judgment. When an execution
shall have
1has been
so issued and returned unsatisfied in whole or in part other executions may
2issue at any time upon application of the judgment creditor.
But if
SB344,43,12
3(b) If no execution
was on a judgment as described in par. (a) is issued within
4said 5 years
after the rendition of the judgment, or, if application
be is made by one
5other than the judgment creditor, execution
shall issue may be issued only upon
6leave of the court, in its discretion, upon prior notice to the judgment debtor, served
7as a summons is served
, in a court of record. If the judgment debtor is absent or a
8nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in
such 9any other manner
as that the court directs. Application shall be by the petition of
10the judgment creditor or of the assignee, setting forth that
such the judgment or a
11portion
thereof of the judgment remains unpaid, and that the petitioner is the bona
12fide owner
thereof of the judgment, for value
; but no.
SB344,43,14
13(c) No executions shall issue or any proceedings be
had commenced upon any
14judgment after 20 years from the rendition
thereof
of the judgment.
SB344, s. 115
15Section
115. 815.05 (intro.) of the statutes is amended to read:
SB344,44,2
16815.05 execution, how issued; contents. (intro.) The execution
must shall 17be issued from and
be sealed with the seal of the court and signed by the clerk
of
18circuit court where the judgment
roll, or a certified copy
thereof of the judgment, or
19the transcript of the municipal judge's judgment is filed
,
. The execution shall be 20directed to the sheriff, or
the coroner if the sheriff is a party or interested,
and 21countersigned by the owner or his or her attorney
, and must. The execution shall 22intelligibly refer to the judgment, stating the court, the county where the judgment
23roll or a certified copy
thereof
of the judgment or the transcript is filed, the names
24of the parties, the amount of the judgment, if it is for money,
and the amount due
25thereon on the judgment, and the time of
docketing entry in the judgment and lien
1docket in the county to which the execution is issued
, and shall. The execution shall 2require the officer, substantially as follows:
SB344, s. 116
3Section
116. 815.05 (1) of the statutes is amended to read:
SB344,44,84
815.05
(1) If it be against the property of the judgment debtor, to satisfy the
5judgment out of the personal property of
such the debtor, and if sufficient personal
6property cannot be found, out of the real property belonging to the judgment debtor
7on the day when the judgment was
docketed entered in the judgment and lien docket 8in the county or at any time thereafter.
SB344, s. 117
9Section
117. 815.05 (6) of the statutes is amended to read:
SB344,44,2310
815.05
(6) If it is for the delivery of property, to deliver the possession of the
11same property, particularly describing
it the property, to the party entitled
thereto 12to the property, and may require the officer to satisfy any costs, damages or rents and
13profits covered by the judgment out of the personal property of the party against
14whom
it the judgment was rendered, and shall specify the value of the property for
15which the judgment was recovered
; if a. If delivery of the property
cannot be had is
16not possible and if sufficient personal property cannot be found,
then the officer may
17satisfy the judgment out of the real property belonging to the person against whom
18the execution was rendered on the day when the judgment was
docketed entered in
19the judgment and lien docket or at any time thereafter. When a judgment in replevin
20is entered against the principal and also against the principal's sureties under s.
21810.15, the execution shall direct that the property of the surety shall not be levied
22on unless the property found, belonging to the principal, is not sufficient to satisfy
23the judgment.
SB344, s. 118
24Section
118. 815.07 of the statutes is amended to read:
SB344,45,7
1815.07 To what county issued. When the execution is against the property
2of the judgment debtor
it, the execution may be issued to the sheriff of any county
3where the judgment is
docketed entered in the judgment and lien docket. When
it 4the execution requires the delivery of real or personal property
it must, the execution
5shall be issued to the sheriff of the county where the property or some part
thereof 6of the property is situated. Executions may be issued at the same time to different
7counties.
SB344, s. 119
8Section
119. 815.20 (2) of the statutes is amended to read: