SB146: Bill Text

SB146,102,19 Phone No.: ....

Note: The stricken language was deleted by 1997 Wis. Act 187 without being shown as stricken and the underscored language was inserted by Act 187 without being shown as underscored. The changes were intended.

SB146, s. 346 Section 346. 801.095 (4) of the statutes, as affected by 1997 Wisconsin Acts 187 and 250, is amended to read:

SB146,102,22 801.095 (4) No personal service; complaint not served at the same time.

SB146,103,1 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

SB146,103,3 A. B.

SB146,103,4 Address

SB146,103,5 City, State Zip Code File No. ....

SB146,103,6 , Plaintiff

SB146,103,7 vs. S U M M O N S

SB146,103,8 C. D.

SB146,103,9 Address .... (Case Classification Type): .... (Code No.)

SB146,103,10 City, State Zip Code

SB146,103,11 , Defendant

SB146,103,13 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB146,103,15 You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

SB146,103,19 Within 45 days after ...., .... (year), you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.

SB146,103,25 If you do not demand a copy of the complaint within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

SB146,104,1 Dated: ...., .... (year)

SB146,104,2 Signed: .... ....

SB146,104,3 A. B., Plaintiff

SB146,104,4 or

SB146,104,5 E. F., Plaintiff's Attorney

SB146,104,6 State Bar Number No.: ....

SB146,104,7 Address: ....

SB146,104,8 City, State Zip Code: ....

SB146,104,9 Phone No.: ....

Note: The stricken language was deleted by 1997 Wis. Act 187 without being shown as stricken and the underscored language was inserted by Act 187 without being shown as underscored. The changes were intended.

SB146, s. 347 Section 347. 801.11 (2) (b) of the statutes is amended to read:

SB146,104,16 801.11 (2) (b) Where the person under disability is known by the plaintiff to be under guardianship of any kind, a summons shall be served separately upon the guardian in any manner prescribed in sub. (1), (5), or (6) or (7). If no guardian has been appointed when service is made upon a person known to the plaintiff to be incompetent to have charge of the person's affairs, then service of the summons shall be made upon the guardian ad litem after appointment under s. 803.01.

Note: Section 801.11 (7) was repealed by 1997 Wis. Act 140.

SB146, s. 348 Section 348. The treatment of 802.06 (1) of the statutes by 1997 Wisconsin Act 133 is not repealed by 1997 Wisconsin Act 187. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 349 Section 349. 807.10 (3) of the statutes, as affected by 1997 Wisconsin Act 290, is amended to read:

SB146,105,14 807.10 (3) If the amount awarded to a minor by judgment or by an order of the court approving a compromise settlement of a claim or cause of action of the minor does not exceed $10,000 (,exclusive of interest and costs and disbursements), and if there is no general guardian of the ward, the court may upon application by the guardian ad litem after judgment, or in the order approving settlement, fix and allow the expenses of the action, including attorney fees and fees of guardian ad litem, authorize the payment of the total recovery to the clerk of the court, authorize and direct the guardian ad litem upon the payment to satisfy and discharge the judgment, or to execute releases to the parties entitled thereto and enter into a stipulation dismissing the action upon its merits. The order shall also direct the clerk upon the payment to pay the costs and disbursements and expenses of the action and to dispose of the balance in one of the manners provided in s. 880.04 (2) as selected by the court. The fee for the clerk's services for handling, depositing and disbursing funds under this subsection is prescribed in s. 814.61 (12) (a).

Note: Replaces parentheses with commas consistent with current style.

SB146, s. 350 Section 350. The treatment of 812.44 (4) (form) 2. of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 250. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 351 Section 351. The treatment of 814.04 (intro.) of the statutes by 1997 Wisconsin Act 55 is not repealed by 1997 Wisconsin Act 164. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 352 Section 352. 853.04 (1) (a), (b) and (c) of the statutes, as created by 1997 Wisconsin Act 188, are consolidated, renumbered 853.04 (1) (form) and amended to read:

SB146,105,22 853.04 (1) (form)

SB146,106,1 State of ....

SB146,106,2 County of ....

SB146,106,4 I, ...., the testator, sign my name to this instrument this .... day of ...., and being first duly sworn, declare to the undersigned authority all of the following:

SB146,106,5 1. I execute this instrument as my will.

SB146,106,6 2. I sign this will willingly, or willingly direct another to sign for me.

SB146,106,8 3. I execute this will as my free and voluntary act for the purposes expressed therein.

SB146,106,10 4. I am 18 years of age or older, of sound mind and under no constraint or undue influence.

SB146,106,11 Testator: ....

SB146,106,13 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following:

SB146,106,14 1. The testator executes this instrument as his or her will.

SB146,106,16 2. The testator signs it willingly, or willingly directs another to sign for him or her.

SB146,106,18 3. Each of us, in the conscious presence of the testator, signs this will as a witness.

SB146,106,20 4. To the best of our knowledge, the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.

SB146,106,21 Witness: ....

SB146,106,22 Witness: ....

SB146,106,23 State of ....

SB146,107,1 County of ....

SB146,107,3 (c) Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....

SB146,107,4 (Seal) ....

SB146,107,5 (Signed): ....

SB146,107,6 (Official capacity of officer): ....

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Deletes paragraph numbers to clarify that each form is a single unit and that letters are not a necessary part of the affidavits. Moves "State of ...." and "County of ...." to the beginning of sub. (1) (form) for consistency with sub. (2) (form) and more logical placement.

SB146, s. 353 Section 353. 853.04 (2) of the statutes, as created by 1997 Wisconsin Act 188, is amended to read:

SB146,107,14 853.04 (2) Two-step procedure. An attested will may be made self-proved at any time after its execution by the affidavit of the testator and witnesses. The affidavit must be made before an officer authorized to administer oaths under the laws of the state in which the affidavit occurs and must be evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

SB146,107,15 State of ....

SB146,107,16 County of ....

SB146,107,19 (a) We, ...., ...., and ...., the testator and the witnesses whose names are signed to the foregoing instrument, being first duly sworn, do declare to the undersigned authority all of the following:

SB146,107,20 1. The testator executed the instrument as his or her will.

SB146,107,22 2. The testator signed willingly, or willingly directed another to sign for him or her.

SB146,108,1 3. The testator executed the will as a free and voluntary act.

SB146,108,3 4. Each of the witnesses, in the conscious presence of the testator, signed the will as witness.

SB146,108,6 5. To the best of the knowledge of each witness, the testator was, at the time of execution, 18 years of age or older, of sound mind and under no constraint or undue influence.

SB146,108,7 Testator: ....

SB146,108,8 Witness: ....

SB146,108,9 Witness: ....

SB146,108,11 (b) Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....

SB146,108,12 (Seal) ....

SB146,108,13 (Signed): ....

SB146,108,14 (Official capacity of officer): ....

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Deletes paragraph numbering to clarify that each form is a single unit and that letters are not a necessary part of the affidavits.

SB146, s. 354 Section 354. 895.035 (2m) (a) of the statutes, as affected by 1997 Wisconsin Acts 35 and 205, is amended to read:

SB146,109,14 895.035 (2m) (a) If a juvenile or a parent with custody of a child juvenile fails to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4), 938.345 or 938.45 (1r) (a) as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938, a court of criminal jurisdiction or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the juvenile or parent will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the juvenile or parent be entered and docketed as a judgment against the juvenile and the parent with custody of the juvenile and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the child juvenile or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim's insurer.

Note: Reconciles the treatment of this provision by 1997 Wis. Acts 35 and 205. Act 35 changed "child" to "juvenile" for consistency with ch. 938. This act makes all of the references consistent.

SB146, s. 355 Section 355. The treatment of 895.035 (3) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 205. Both treatments stand.

Note: There is no conflict of substance.