16,3828js
Section 3828js. 802.06 (1m) of the statutes is created to read:
802.06 (1m) Enforcement of lien or security interest. If the proceeding is to foreclose or otherwise enforce a lien or security interest, the defendant or guardian ad litem shall serve an answer within 20 days after the service of the complaint upon the defendant or 20 days after appointment of the guardian ad litem.
16,3828jt
Section 3828jt. 802.06 (6) of the statutes is amended to read:
802.06 (6) Motion to strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted upon motion made by a party within 45 days after the service of the pleading upon the party, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, scandalous or indecent matter.
16,3828jv
Section 3828jv. 802.09 (1) of the statutes is amended to read:
802.09 (1) Amendments. A party may amend the party's pleading once as a matter of course at any time within 6 months after the summons and complaint are filed or within the time set in a scheduling order under s. 802.10. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given at any stage of the action when justice so requires. A party shall plead in response to an amended pleading within 45 days after service of the amended pleading, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, unless (a) the court otherwise orders or (b) no responsive pleading is required or permitted under s. 802.01 (1).
16,3828k
Section 3828k. 805.15 (3) (intro.) of the statutes is amended to read:
805.15 (3) (intro.) A Except as provided in ss. 974.07 (10) (b) and 980.101 (2) (b), a new trial shall be ordered on the grounds of newly-discovered evidence if the court finds that:
16,3828L
Section 3828L. 805.16 (5) of the statutes is created to read:
805.16 (5) The time limits in this section for filing motions do not apply to a motion for a new trial based on newly discovered evidence that is brought under s. 974.06.
16,3828m
Section 3828m. 808.04 (2) of the statutes is amended to read:
808.04 (2) An appeal under s. 9.10 (4) (c), 227.60, or 799.445 shall be initiated within 15 days after entry of the judgment or order appealed from.
16,3828r
Section 3828r. 808.075 (4) (d) 3. of the statutes is amended to read:
808.075 (4) (d) 3. Annual adjustment of child or family support under s. 767.33.
16,3829d
Section 3829d. 808.075 (4) (h) of the statutes is amended to read:
808.075 (4) (h) Commitment, supervised release, recommitment and, discharge, and postcommitment relief under ss. 980.06, 980.08, 980.09 and, 980.10, and 980.101 of a person found to be a sexually violent person under ch. 980.
16,3829n
Section 3829n. 809.30 (1) (a) of the statutes is amended to read:
809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under s. 973.19 or
, 974.06, or 974.07 (2). In a ch. 48, 51, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means an appeal or a motion for reconsideration by the trial court of its final judgment or order; in such cases a notice of intent to pursue such relief or a motion for such relief need not be styled as seeking "postconviction" relief.
16,3829p
Section 3829p. 809.30 (2) (L) of the statutes is amended to read:
809.30 (2) (L) An appeal under s. 974.06 or 974.07 is governed by the procedures for civil appeals.
16,3830d
Section 3830d. 813.125 (3) (a) (intro.) of the statutes is amended to read:
813.125 (3) (a) (intro.) A judge or court commissioner may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:
16,3830f
Section 3830f. 813.125 (3) (am) of the statutes is created to read:
813.125 (3) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.
16,3830h
Section 3830h. 813.125 (4) (a) (intro.) of the statutes is amended to read:
813.125 (4) (a) (intro.) A judge or court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:
16,3830j
Section 3830j. 813.125 (4) (am) of the statutes is created to read:
813.125 (4) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.
814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:
16,3826
Section 3826. 814.60 (2) (ai) of the statutes is amended to read:
814.60 (2) (ai) Consumer information
protection assessment imposed by s. 100.261.
16,3832c
Section 3832c. 814.60 (2) (eg) of the statutes is created to read:
814.60 (2) (eg) Truck driver education assessment imposed by s. 349.04.
16,3832k
Section 3832k. 814.615 (1) (a) 3. of the statutes is amended to read:
814.615 (1) (a) 3. For a study under s. 767.11 (14), a fee of $300 $500.
16,3832m
Section 3832m. 814.63 (1) (c) of the statutes is amended to read:
814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar) or, (bm), or (br) or (5) or a safety belt use violation under s. 347.48 (2m).
16,3834
Section 3834. 814.63 (3) (ai) of the statutes is amended to read:
814.63 (3) (ai) Consumer information
protection assessment imposed by s. 100.261.
16,3834m
Section 3834m. 814.63 (3) (g) of the statutes is created to read:
814.63 (3) (g) Truck driver education assessment imposed by s. 349.04.
16,3835g
Section 3835g. 814.66 (1) (a) 2. of the statutes is amended to read:
814.66 (1) (a) 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property subject to administration, less encumbrances, liens or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.
16,3835h
Section 3835h. 814.66 (1) (b) 2. of the statutes is amended to read:
814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 880 or an application for conservatorship under ch. 880, if the value of the property, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property, less encumbrances, liens or charges.
16,3835i
Section 3835i. 814.66 (3) of the statutes is amended to read:
814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the state treasurer on or before the 5th day of January, April, July and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 50% 66.67% of the fees to the state treasurer for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.
16,3836dd
Section 3836dd. 814.67 (1) (am) of the statutes is created to read:
814.67 (1) (am) For witnesses attending before a circuit court, $16 per day.
16,3836f
Section 3836f. 814.67 (1) (b) (intro.) of the statutes is amended to read:
814.67 (1) (b) (intro.) For attending before any other court the court of appeals or the supreme court:
16,3836g
Section 3836g. 814.67 (1) (b) 2. of the statutes is amended to read:
814.67 (1) (b) 2. For interpreters, $35 per one-half day a fee determined by the supreme court.
16,3836r
Section 3836r. 814.69 (1) (b) of the statutes is amended to read:
814.69 (1) (b) For a transcript under s. 757.57 (5), a fee from the party requesting the transcript at the rate of $1.75 $2.25 per 25-line page for the original and 60 50 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in par. (a).
16,3836s
Section 3836s. 814.69 (1) (bm) of the statutes is created to read:
814.69 (1) (bm) If a party requests that a transcript under s. 757.57 (5) be prepared within 7 days after the request and the transcript is not required by supreme court rule or statute to be prepared within that 7-day period, a fee in addition to the fee under par. (b) of 75 cents per 25-line page for the original and 25 cents for each copy. The fee under this paragraph does not apply to a request made by the state or a political subdivision of the state.
16,3836t
Section 3836t. 818.05 of the statutes is amended to read:
818.05 Bond, liability of plaintiff for support. Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff's debts and liabilities in property in this state not exempt from execution. The plaintiff shall be liable for support of the defendant while the defendant is in jail, as specified in s. 898.14 (1). This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.
16,3843
Section 3843. 867.035 (1) (a) (intro.) of the statutes is amended to read:
867.035 (1) (a) (intro.) Except as provided in Subject to par. (bm), the department of health and family services may collect from the property of a decedent, including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under this section sub. (2) or by lien under sub. (2m) an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1., the family care benefit that is recoverable under rules promulgated under s. 46.286 (7), or the aid under s. 49.68, 49.683, or 49.685 that is recoverable under s. 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:
16,3844
Section 3844. 867.035 (1) (a) 1. of the statutes is amended to read:
867.035 (1) (a) 1. No person files a petition for administration or summary settlement or assignment of the decedent's estate within 20 days of death.
16,3845
Section 3845. 867.035 (1) (bm) (intro.) of the statutes is amended to read:
867.035 (1) (bm) (intro.) The department of health and family services may not collect by affidavit under this section from any of shall reduce the amount of its recovery under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the decedent's heirs or beneficiaries under the decedent's will to retain the following personal property of the decedent:
16,3846
Section 3846. 867.035 (1) (bm) 1. of the statutes is repealed.
16,3847
Section 3847. 867.035 (1) (bm) 2. of the statutes is amended to read:
867.035 (1) (bm) 2. Wearing apparel and jewelry held for personal use.
16,3848
Section 3848. 867.035 (1) (bm) 3. of the statutes is amended to read:
867.035 (1) (bm) 3. Household furniture, furnishings, and appliances.
16,3849
Section 3849. 867.035 (1) (bm) 4. of the statutes is repealed and recreated to read:
867.035 (1) (bm) 4. Other tangible personal property not used in trade, agriculture, or other business, not exceeding in value the amount specified in s. 861.33 (1) (a) 4.
16,3850
Section 3850. 867.035 (2) of the statutes is amended to read:
867.035 (2) A person who possesses property of a decedent shall transmit the property to the department of health and family services, if the conditions in sub. (1) (a) 1. to 4. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health and family services to administer this section showing that the conditions in sub. (1) (a) are satisfied department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub. (1) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.
16,3851
Section 3851. 867.035 (2m) of the statutes is created to read:
867.035 (2m) (a) If the conditions in sub. (1) (a) 1., 2., and 4. are satisfied, the department of health and family services shall have a lien in the amount that it may recover under sub. (1) (a) on any interest in the decedent's home, as defined in s. 49.496 (1) (b), transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located. The department may enforce the lien by foreclosure in the same manner as a mortgage on real property, unless any of the following is alive:
1. The decedent's spouse.
2. A child of the decedent if the child is under age 21 or disabled, as defined in s. 49.468 (1) (a) 1.
(b) If the conditions in sub. (1) (a) 1. to 4. are satisfied, the department of health and family services shall have a lien in the amount that it may recover under sub. (1) (a) on any interest in any real property of the decedent transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located and may enforce the lien by foreclosure in the same manner as a mortgage on real property.
16,3852d
Section 3852d. 885.37 (title) of the statutes is amended to read:
885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.
16,3852g
Section 3852g. 885.37 (1) (a) of the statutes is repealed.
16,3852m
Section 3852m. 885.37 (1) (b) of the statutes is amended to read:
885.37 (1) (b) If a municipal court has notice that a person who fits any of the criteria under par. (a)
is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.
16,3852r
Section 3852r. 885.37 (2) of the statutes is amended to read:
885.37 (2) A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b).
16,3853g
Section 3853g. 885.37 (4) (a) of the statutes is repealed and recreated to read:
885.37 (4) (a) The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.
