1995 - 1996 LEGISLATURE
November 22, 1995 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary.
SB435,1,5 1An Act to amend 802.06 (1); and to create 895.46 (1) (am) of the statutes;
2relating to: the time to answer a summons in certain cases and requiring that
3the costs awarded to an individual represented by a unit of government be paid
4to the unit of government (suggested as remedial legislation by the department
5of justice).
Analysis by the Legislative Reference Bureau
Current law has conflicting provisions regarding when the state has to answer
a summons in a case involving the state or an officer, agent, employe or agency of the
state. One provision allows the state 45 days to answer the summons if the action
is brought under either of 2 specific statutes, while the other provision allows the
state 45 days to answer the summons only if the action is brought under both of the
2 specific statutes. This bill changes the latter provision to allow the state the 45-day
period to answer a summons in an action brought under either of the 2 specific
Under current law, employes and officials of governmental units who are sued
in their official capacity or for acts committed while carrying out their official duties
may be provided representation by the unit of government either directly or through
the payment of the individual's reasonable attorney fees and costs. Under current
law, if the court finds in favor of the employe or official, the court may award costs
to that individual. This bill provides that if the unit of government provides for the
representation of the employe or official, any costs awardable to that individual shall
be awarded to the unit of government that provided the representation.

For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of justice and introduced by the law revision
committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various
provisions of this bill, the law revision committee has determined that this bill makes
minor substantive changes in the statutes, and that these changes are desirable as a
matter of public policy.
SB435, s. 1 1Section 1. 802.06 (1) of the statutes is amended to read:
SB435,3,22 802.06 (1) When presented. A defendant shall serve an answer within 20 days
3after the service of the complaint upon the defendant. If a guardian ad litem is
4appointed for a defendant, the guardian ad litem shall have 20 days after
5appointment to serve the answer. A party served with a pleading stating a
6cross-claim against the party shall serve an answer thereto within 20 days after the
7service upon the party. The plaintiff shall serve a reply to a counterclaim in the
8answer within 20 days after service of the answer. The state or an agency of the state
9or an officer, employe or agent of the state in an action brought within the purview
10of ss. s. 893.82 and or 895.46 shall serve an answer to the complaint or to a
11cross-claim or a reply to a counterclaim within 45 days after service of the pleading
12in which the claim is asserted. If any pleading is ordered by the court, it shall be
13served within 20 days after service of the order, unless the order otherwise directs.
14The service of a motion permitted under sub. (2) alters these periods of time as
15follows, unless a different time is fixed by order of the court: if the court denies the
16motion or postpones its disposition until the trial on the merits, the responsive
17pleading shall be served within 10 days after notice of the court's action; or if the court

1grants a motion for a more definite statement, the responsive pleading shall be
2served within 10 days after the service of the more definite statement.
SB435, s. 2 3Section 2. 895.46 (1) (am) of the statutes is created to read:
SB435,3,74 895.46 (1) (am) If a court determines that costs are awardable to an employe
5or official who has been provided representation by a governmental unit under par.
6(a), the court shall award those costs to the unit of government that provided the
SB435, s. 3 8Section 3. Initial applicability.
SB435,3,10 9(1)  The treatment of section 895.46 (1) (am) of the statutes first applies to
10actions pending on the effective date of this subsection.
SB435,3,1111 (End)