CIVIL PROCEDURE — COMMENCEMENT OF ACTION AND VENUE
Kinds of proceedings; scope of chs. 801
Commencement of action.
Jurisdictional requirements for judgments against persons, status and things.
Personal jurisdiction, grounds for generally.
Personal jurisdiction, grounds for without service of summons.
Jurisdiction in rem or quasi in rem, grounds for generally.
Objection to personal jurisdiction.
Summons, contents of.
Summons, by whom served.
Personal jurisdiction, manner of serving summons for.
Jurisdiction in rem or quasi in rem, manner of serving summons for; notice of object of action.
Summons; when deemed served.
Service and filing of pleadings and other papers.
Venue in civil actions or special proceedings.
Challenges to improper venue.
Discretionary change of venue.
Determination of motion for change of venue.
Change of venue if judge disqualified by interest.
Substitution of judge.
Proceedings after order for change of venue.
Conclusiveness of change of venue; second motion.
Stay of proceeding to permit trial in a foreign forum.
Ch. 801 Note
NOTE: Chapter 801 was created by Sup. Ct. Order, 67 W (2d) 585 (1975), which contains Judicial Council Committee notes explaining each section. Statutes prior to the 1983-84 edition also have these notes.
Kinds of proceedings; scope of chs. 801 to 847. 801.01(1)(1)
Proceedings in the courts are divided into actions and special proceedings. "Action", as used in chs. 801
, includes "special proceeding" unless a specific provision of procedure in special proceedings exists.
(2) Scope. Chapters 801
govern procedure and practice in circuit courts of this state in all civil actions and special proceedings whether cognizable as cases at law, in equity or of statutory origin except where different procedure is prescribed by statute or rule. Chapters 801
shall be construed to secure the just, speedy and inexpensive determination of every action and proceeding.
801.01(3)(a)(a) Chapters 801
shall apply to all actions commenced on or after January 1, 1976.
(b) Chapters 804
shall apply to all actions pending or commenced on or after January 1, 1976, except those actions in which trial has commenced prior to January 1, 1976, as to which the statutes and rules in effect prior to January 1, 1976, shall continue to apply.
Amendments and repeals of sections outside of chs. 801
shall be effective as follows:
Amendments and repeals effected in order to conform with provisions in chs. 801
shall apply to all actions commenced on or after January 1, 1976.
Amendments and repeals other than those effected in order to conform with provisions in chs. 801
shall take effect on January 1, 1976, as to all actions then pending or thereafter commenced, except as provided in par. (b)
Sup. Ct. Order, 67 W (2d) 585, 588 (1975); 1977 c. 449
; 1979 c. 89
; 1981 c. 390
Chapters 801 to 847 apply to in rem actions under 161.555 regarding issue whether action may be brought against inanimate object as sole "defendant". See note to 801.07, citing State v. One 1973 Cadillac, 95 W (2d) 641, 291 NW (2d) 626 (Ct. App. 1980).
See note to 799.29, citing King v. Moore, 95 W (2d) 686, 291 NW (2d) 304 (Ct. App. 1980).
An "action" includes special proceedings such as probate. In Matter of Estate of Martz, 171 W (2d) 89, 491 NW (2d) 772 (Ct. App. 1992).
The new Wisconsin rules of civil procedure: Chapters 801—803. Clausen and Lowe. 59 MLR 1.
Commencement of action. 801.02(1)
A civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 60 days after filing.
A civil action in which only an in rem or quasi in rem judgment is sought is commenced as to any defendant when a summons and a complaint are filed with the court, provided service of an authenticated copy of the summons and of either the complaint or a notice of object of action under s. 801.12
is made upon the defendant under this chapter within 60 days after filing.
The original summons and complaint shall be filed together. The authenticated copies shall be served together except:
In actions in which a personal judgment is sought, if the summons is served by publication, only the summons need be published, but a copy of the complaint shall be mailed with a copy of the summons as required by s. 801.11
In actions in which only an in rem or quasi in rem judgment is sought, the summons may be accompanied by a notice of object of action pursuant to s. 801.12
in lieu of a copy of the complaint and, when the summons is served by publication, only the summons need be published, but a copy of the complaint or notice of object of action shall be mailed with the copy of the summons as required by s. 801.12
No service shall be made under sub. (3)
until the action has been commenced in accordance with sub. (1)
An action seeking a remedy available by certiorari, quo warranto, habeas corpus, mandamus or prohibition may be commenced under sub. (1)
, by service of an appropriate original writ on the defendant named in the writ if a copy of the writ is filed forthwith, or by filing a complaint demanding and specifying the remedy, if service of an authenticated copy of the complaint and of an order signed by the judge of the court in which the complaint is filed is made upon the defendant under this chapter within the time period specified in the order. The order may specify a time period shorter than that allowed by s. 802.06
for filing an answer or other responsive pleading.
Fees payable upon commencement of a civil action shall be paid to the clerk at the time of filing.
No prisoner, as defined in s. 301.01 (2)
, may commence a civil action or special proceeding against an officer, employe or agent of the department of corrections in his or her official capacity or as an individual for acts or omissions committed while carrying out his or her duties as an officer, employe or agent or while acting within the scope of his or her office, employment or agency until the person has exhausted any administrative remedies that the department of corrections has promulgated by rule.
Sup. Ct. Order, 67 W (2d) 585, 589 (1975); 1975 c. 218
; 1981 c. 289
; 1995 a. 27
Judicial Council Note, 1981: Sub. (1) is amended to allow an action seeking an extraordinary remedy to be commenced in the same manner as any other civil action. Sub. (5) allows the additional option of using an order to shorten the time for filing a response to the complaint in lieu of a summons. This option is for the emergency situation when the case may be moot before a response would be filed. The order serves the same purpose as the alternative writ and the order to show cause used to initiate the action under writ procedures. In all other matters of procedure, the rules of civil procedure govern to the extent applicable. Sub. (5) applies only to procedure in the circuit court. In seeking an extraordinary remedy in the supreme court or court of appeals, s. 809.51, stats., should be followed. [Bill 613-A]
Pursuant to (5), certiorari action may be commenced in three ways: pursuant to (1) allowing for summons and complaint, by service of appropriate writ, or by filing a complaint and serving it along with an order, in lieu of summons, upon defendant. Nickel River Inv. v. LaCrosse Review Bd., 156 W (2d) 429, 457 NW (2d) 333 (Ct. App 1990).