AB354,82,2121
In re the Paternity of A. B.
AB354,82,2222
STATE OF WISCONSIN
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1City, State Zip Code File No. ...
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, Petitioners
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vs. S U M M O N S
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Address .... (Case Classification Type): .... (Code No.)
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City, State Zip Code
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THE STATE OF WISCONSIN, To the Respondent:
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You have been sued. .... claims that you are the father of the child, .... born on
11.... (date), in .... (city) (county) (state). You must appear to answer this claim of
12paternity. Your court appearance is:
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Judge or
Family Circuit Court Commissioner:
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If you do not appear, the court will enter a default judgment finding you to be
19the father. A default judgment will take effect 30 days after it is served on or mailed
20to you, unless within those 30 days you present to the court evidence of good cause
21for failure to appear. If you plan to be represented by an attorney, you should contact
22the attorney prior to the court appearance listed above. If you are unable to afford
23an attorney, the court will appoint one for you only upon the blood tests showing that
24you are not excluded as the father and the probability of your being the father is less
25than 99.0%. Appearance is not required if you complete the attached waiver of first
1appearance statement and send it to the court at least 10 days prior to the date of
2your scheduled appearance in this summons.
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Dated: ...., .... (year)
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Signed:.... ....
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G. H., Clerk of Circuit Court
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Petitioner's Attorney
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State Bar No.: ....
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Address: ....
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City, State Zip Code: ....
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Phone No.: ....
AB354, s. 225
12Section
225. 767.458 (1m) of the statutes is amended to read:
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767.458
(1m) In an action to establish the paternity of a child who was born
14to a woman while she was married, where a man other than the woman's husband
15alleges that he, not the husband, is the child's father, a party may allege that a
16judicial determination that a man other than the husband is the father is not in the
17best interest of the child. If the court or
a circuit or supplemental court commissioner
18under s.
757.69 (3) 757.675 (2) (g) determines that a judicial determination of
19whether a man other than the husband is the father is not in the best interest of the
20child, no genetic tests may be ordered and the action shall be dismissed.
AB354, s. 226
21Section
226. 767.46 (1) of the statutes is amended to read:
AB354,85,222
767.46
(1) A pretrial hearing shall be held before the court or a
circuit or
23supplemental court commissioner under s.
757.69 (3) 757.675 (2) (g). A record or
24minutes of the proceeding shall be kept. At the pretrial hearing the parties may
1present and cross-examine witnesses, request genetic tests and present other
2evidence relevant to the determination of paternity.
AB354, s. 227
3Section
227. 767.463 of the statutes is amended to read:
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4767.463 Dismissal if adjudication not in child's best interest. Except as
5provided in s. 767.458 (1m), at any time in an action to establish the paternity of a
6child, upon the motion of a party or guardian ad litem, the court or
circuit or
7supplemental court commissioner under s.
757.69 (3) 757.675 (2) (g) may, with
8respect to a man, refuse to order genetic tests, if genetic tests have not yet been taken,
9and dismiss the action if the court or
circuit or supplemental court commissioner
10determines that a judicial determination of whether the man is the father of the child
11is not in the best interest of the child.
AB354, s. 228
12Section
228. 767.465 (2) (a) of the statutes is amended to read:
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767.465
(2) (a) Except as provided in sub. (2m), if a respondent is the alleged
14father and fails to appear at the first appearance, unless the first appearance is not
15required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing
16or trial, the court shall enter an order adjudicating the respondent to be the father
17and appropriate orders for support, legal custody and physical placement. The
18orders shall be either served on the respondent or mailed by regular, registered or
19certified mail, to the last-known address of the respondent. The orders shall take
20effect 30 days after service or 30 days after the date on which the orders were mailed
21unless, within that time, the respondent presents to the court or
a circuit or
22supplemental court commissioner under s.
757.69 (3) (g) 757.675 (2) (g) evidence of
23good cause for failure to appear or failure to have undergone a court-ordered genetic
24test.
AB354, s. 229
25Section
229. 767.62 (2) (b) of the statutes is amended to read:
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1767.62
(2) (b) If a statement acknowledging paternity is timely rescinded as
2provided in s. 69.15 (3m), a court or
family circuit court commissioner may not enter
3an order specified in sub. (4) with respect to the man who signed the statement as
4the father of the child unless the man is adjudicated the child's father using the
5procedures set forth in ss. 767.45 to 767.60.
AB354, s. 230
6Section
230. 767.62 (3) (b) of the statutes is amended to read:
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767.62
(3) (b) Except as provided in s. 767.045, in an action specified in par. (a)
8the court or
family a circuit court commissioner may appoint a guardian ad litem for
9the child and shall appoint a guardian ad litem for a party who is a minor, unless the
10minor party is represented by an attorney.
AB354, s. 231
11Section
231. 767.62 (4) (intro.) of the statutes is amended to read:
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767.62
(4) Orders when paternity acknowledged. (intro.) In an action under
13sub. (3) (a), if the persons who signed and filed the statement acknowledging
14paternity as parents of the child had notice of the hearing, the court or
family circuit 15court commissioner shall make an order that contains all of the following provisions:
AB354, s. 232
16Section
232. 769.102 of the statutes is amended to read:
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17769.102 Tribunal of this state. The courts and
circuit and supplemental 18court commissioners are the tribunal of this state.
AB354, s. 233
19Section
233. 769.302 of the statutes is amended to read:
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20769.302 Action by minor parent. A minor parent, or a guardian or other
21legal representative of a minor parent, may maintain a proceeding on behalf of or for
22the benefit of the minor's child. Notwithstanding s. 767.045 (1) or 803.01 (3), the
23court may appoint a guardian ad litem for the minor's child, but the court need not
24appoint a guardian ad litem for a minor parent who maintains such a proceeding
25unless the proceeding is one for the determination of parentage, in which case the
1court or a
family circuit court commissioner shall appoint a guardian ad litem for a
2minor parent within this state who maintains such a proceeding or for a minor within
3this state who is alleged to be a parent, as provided in s. 767.475 (1).
AB354, s. 234
4Section
234. 782.01 (3) of the statutes is amended to read:
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782.01
(3) In this chapter, unless the context requires otherwise, judge includes
6the supreme court, the court of appeals and circuit courts and each justice and judge
7thereof and
circuit and supplemental court commissioners; and prisoner includes
8every person restrained of personal liberty; and imprisoned includes every such
9restraint, and respondent means the person on whom the writ is to be served.
AB354, s. 235
10Section
235. 782.03 of the statutes is amended to read:
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11782.03 Petition for writ. Application for the writ shall be by petition, signed
12either by the prisoner or by some person in his or her behalf, and may be made to the
13supreme court, the court of appeals or the circuit court of the county, or to any justice
14or judge of the supreme court, court of appeals or circuit court or to any
circuit or
15supplemental court commissioner, within the county where the prisoner is detained;
16or if there is no judge within the county, or for any cause he or she is incapable of
17acting, or has refused to grant the writ, then to some judge residing in an adjoining
18county; but every application, made by or on behalf of a person sentenced to the state
19prisons, must contain a copy of any motion made under s. 974.06 and shall indicate
20the disposition of the motion and the court in which the disposition was made. If no
21motion was made, the petition shall so state.
AB354, s. 236
22Section
236. 782.28 of the statutes is amended to read:
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23782.28 Transfer from circuit court commissioner. If the writ is returnable
24before a
circuit court commissioner, either party may make a request for transfer to
25the court in which the matter is filed. Upon receipt of such request the
circuit court
1commissioner shall forthwith transmit all papers and records in the proceedings to
2the court.
AB354, s. 237
3Section
237. 799.03 of the statutes is amended to read:
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4799.03 Definition. In this chapter unless otherwise designated, "court"
5means circuit court and "court" does not mean
circuit court commissioner.
AB354, s. 238
6Section
238. 799.05 (7) (intro.) of the statutes is amended to read:
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799.05
(7) Form; circuit court commissioner. (intro.) Except as provided in
8s. 799.22 (4) (b) 3., in counties
establishing at least one part-time or full-time court
9commissioner position under s. 757.68 (1) (b) in which a circuit court commissioner
10is assigned to assist in small claims matters, the summons shall be substantially in
11the following form:
AB354, s. 239
12Section
239. 799.06 (1) of the statutes is amended to read:
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799.06
(1) Pleadings. All pleadings except the initial complaint may be oral.
14Any circuit court may by rule require written pleadings and any judge or
circuit court
15commissioner may require written pleadings in a particular case.
AB354, s. 240
16Section
240. 799.11 (3) of the statutes is amended to read:
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799.11
(3) When, in any action under this chapter, it appears from the return
18of service of the summons or otherwise that the county in which the action is pending
19is not a proper place of trial and that another county would be a proper place of trial,
20the court or
circuit court commissioner shall, on motion of a party or its own motion,
21transfer the action to that county unless the defendant appears and waives the
22improper venue. The clerk of the court to which the action is transferred shall issue
23a new notice of return date upon payment of the fee required by s. 814.61 (2) (a).
AB354, s. 241
24Section
241. 799.20 (4) of the statutes is amended to read:
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1799.20
(4) Inquiry of defendant who appears on return date. If the defendant
2appears on the return date of the summons or any adjourned date thereof, the court
3or
circuit court commissioner shall make sufficient inquiry of the defendant to
4determine whether the defendant claims a defense to the action. If it appears to the
5court or
circuit court commissioner that the defendant claims a defense to the action,
6the court or
circuit court commissioner shall schedule a trial of all the issues involved
7in the action, unless the parties stipulate otherwise or the action is subject to
8immediate dismissal.
AB354, s. 242
9Section
242. 799.206 (1), (2) and (4) of the statutes are amended to read:
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799.206
(1) In counties establishing
at least one part-time or full-time a circuit 11court commissioner position under s. 757.68
(1) (b)
(5m), all actions and proceedings
12commenced under this chapter shall be returnable before a
circuit court
13commissioner appointed under s. 757.68
(1) and SCR chapter 75. In any other
14county, a
circuit court commissioner may conduct return date proceedings if
15delegated such authority under s. 757.69 (1) (d).
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16(2) Judgment on failure to appear may be entered by the
circuit court
17commissioner or the clerk upon the return date as provided in s. 799.22.
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18(4) Except as provided in sub. (3), the
circuit court commissioner shall hear all
19matters using the procedures set forth in s. 799.207.
AB354, s. 243
20Section
243. 799.207 (title) of the statutes is amended to read:
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21799.207 (title)
Proceedings before circuit court commissioner.
AB354, s. 244
22Section
244. 799.207 (1) (a) of the statutes is amended to read:
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799.207
(1) (a) Any
circuit court commissioner assigned to assist in
the
24administration of small claims
matters may hold a conference with the parties or
25their attorneys or both on the return date, examine pleadings and identify issues.
AB354, s. 245
1Section
245. 799.207 (1) (b) of the statutes is amended to read:
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799.207
(1) (b) Except as provided in par. (e), a decision shall be rendered by
3the
circuit court commissioner on the return date if there is time available for a
4hearing, the parties do not intend to call witnesses, and the parties agree to such a
5hearing. If for any of the reasons stated in this paragraph, the matter cannot be
6heard on the return date, an adjourned date shall be set.
AB354, s. 246
7Section
246. 799.207 (1) (e) of the statutes is amended to read:
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799.207
(1) (e) If the
circuit court commissioner cannot reach a decision on the
9return or adjourned date, the commissioner shall mail the decision to each party
10within 30 days of the date of the hearing.
AB354, s. 247
11Section
247. 799.207 (2) (intro.) of the statutes is amended to read:
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799.207
(2) (intro.) The
circuit court commissioner's decision shall become a
13judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except
14that:
AB354, s. 248
15Section
248. 799.207 (3) (b) of the statutes is amended to read:
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799.207
(3) (b) The
circuit court commissioner shall give each of the parties a
17form and instructions which shall be used for giving notice of an election to have the
18matter heard by the court.
AB354, s. 249
19Section
249. 799.209 (1) to (4) of the statutes are amended to read:
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20799.209 (1) The court or
circuit court commissioner shall conduct the
21proceeding informally, allowing each party to present arguments and proofs and to
22examine witnesses to the extent reasonably required for full and true disclosure of
23the facts.
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24(2) The proceedings shall not be governed by the common law or statutory rules
25of evidence except those relating to privileges under ch. 905 or to admissibility under
1s. 901.05. The court or
circuit court commissioner shall admit all other evidence
2having reasonable probative value, but may exclude irrelevant or repetitious
3evidence or arguments. An essential finding of fact may not be based solely on a
4declarant's oral hearsay statement unless it would be admissible under the rules of
5evidence.
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6(3) The court or
circuit court commissioner may conduct questioning of the
7witnesses and shall endeavor to ensure that the claims or defenses of all parties are
8fairly presented to the court or
circuit court commissioner.
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9(4) The court or
circuit court commissioner shall establish the order of trial and
10the procedure to be followed in the presentation of evidence and arguments in an
11appropriate manner consistent with the ends of justice and the prompt resolution of
12the dispute on its merits according to the substantive law.
AB354, s. 250
13Section
250. 799.21 (3) (b) of the statutes is amended to read:
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799.21
(3) (b) In counties
establishing at least one part-time or full-time court
15commissioner position under s. 757.68 (1) (b) in which a circuit court commissioner
16is assigned to assist in small claims matters, except in eviction actions which shall
17be governed by par. (a), demand for trial by jury shall be made at the time a demand
18for trial is filed. If the party requesting a trial does not request a jury trial, any other
19party may request a jury trial by filing the request with the court and mailing copies
20to all other parties within 15 days from the date of mailing of the demand for trial
21or the date on which personal notice of demand is given, whichever is applicable. If
22no party demands a trial by jury, the right to trial by jury is waived forever. The fees
23prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall be paid when the demand for a
24trial by jury is filed.
AB354, s. 251
25Section
251. 799.21 (4) of the statutes is amended to read:
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1799.21
(4) Jury procedure. If there is a demand for a trial by jury, the judge
2or
circuit court commissioner shall place the case on the trial calendar and a jury of
36 persons shall be chosen as provided in s. 345.43 (3) (b). The parties shall proceed
4as if the action had originally been begun as a proceeding under chs. 801 to 807,
5except that the court is not required to provide the jury with one complete set of
6written instructions under s. 805.13 (4) and the requirements for appearance by the
7parties shall be governed by s. 799.06 (2).