AB354, s. 227 3Section 227. 767.463 of the statutes is amended to read:
AB354,85,11 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:
AB354,85,2413 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:
AB354,86,5
1767.62 (2) (b) If a statement acknowledging paternity is timely rescinded as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:
AB354,86,107 767.62 (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:
AB354,86,1512 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:
AB354,86,18 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:
AB354,87,3 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:
AB354,87,95 782.01 (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:
AB354,87,21 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:
AB354,88,2 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:
AB354,88,5 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:
AB354,88,117 799.05 (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:
AB354,88,1513 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:
AB354,88,2317 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:
AB354,89,8
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:
AB354,89,1510 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).
AB354,89,17 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.
AB354,89,19 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:
AB354,89,21 21799.207 (title) Proceedings before circuit court commissioner.
AB354, s. 244 22Section 244. 799.207 (1) (a) of the statutes is amended to read:
AB354,89,2523 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:
AB354,90,62 799.207 (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:
AB354,90,108 799.207 (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:
AB354,90,1412 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:
AB354,90,1816 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:
AB354,90,23 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.
AB354,91,5 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.
AB354,91,8 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.
AB354,91,12 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:
AB354,91,2414 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:
AB354,92,7
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).
AB354, s. 252 8Section 252. 799.24 (1) of the statutes is amended to read:
AB354,92,169 799.24 (1) Entry of judgment or order; notice of entry thereof. When a
10judgment or an order is rendered, the judge, circuit court commissioner or clerk of
11circuit court shall immediately enter it in the court record and note the date thereof
12which shall be the date of entry of judgment or order. The clerk of circuit court, except
13in municipal and county forfeiture actions, shall mail a notice of entry of judgment
14to the parties or their attorneys at their last-known address within 5 days of its
15entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c),
16the clerk of circuit court shall enter the judgment in the judgment and lien docket.
AB354, s. 253 17Section 253. 799.24 (3) of the statutes is amended to read:
AB354,92,2318 799.24 (3) Stipulated dismissal. Prior to the entry of judgment, upon
19stipulation of the parties to a schedule for compliance with the stipulation, the court
20or circuit court commissioner may enter a stipulated judgment of dismissal in lieu
21thereof. Any such judgment may be vacated without notice to the obligated party,
22and the unsatisfied portion thereof entered, upon application by the prevailing party
23and proof by affidavit of noncompliance with the terms of the stipulation.
AB354, s. 254 24Section 254. 799.26 (1) of the statutes is amended to read:
AB354,93,11
1799.26 (1) When a judgment for money damages is entered under this chapter,
2the court or circuit court commissioner shall order the judgment debtor to execute
3under penalty of contempt a disclosure statement and to mail or deliver that
4statement to the judgment creditor or to the clerk of circuit court in the county where
5the judgment is entered within 15 days of entry of judgment unless the judgment is
6sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor's
7name, residence address, employers and their addresses, any real property interests
8owned by the debtor, cash on hand, financial institutions in which the judgment
9debtor has funds on deposit, whether the debtor's earnings are totally exempt from
10garnishment under s. 812.34 (2) (b), and such other information as required by the
11schedules adopted under sub. (3).
AB354, s. 255 12Section 255. 803.01 (3) (b) 1. of the statutes is amended to read:
AB354,93,1713 803.01 (3) (b) 1. The guardian ad litem shall be appointed by a circuit court of
14the county where the action is to be commenced or is pending, except that the
15guardian ad litem shall be appointed by a family circuit court commissioner of the
16county in actions to establish paternity that are before the family circuit court
17commissioner.
AB354, s. 256 18Section 256. 807.02 of the statutes is amended to read:
AB354,94,2 19807.02 Motions, where heard; stay of proceedings. Except as provided in
20s. 807.13 or when the parties stipulate otherwise and the court approves, motions in
21actions or proceedings in the circuit court must be heard within the circuit where the
22action is triable. Orders out of court, not requiring notice, may be made by the
23presiding judge of the court in any part of the state. No order to stay proceedings
24after a verdict, report or finding in any circuit court may be made by a circuit or

1supplemental
court commissioner. No stay of proceedings for more than 20 days may
2be granted except upon previous notice to the adverse party.
AB354, s. 257 3Section 257. 807.04 (1) of the statutes is amended to read:
AB354,94,84 807.04 (1) Except as provided under sub. (2), all trials, and all hearings at
5which oral testimony is to be presented, shall be held in open court. The court may
6make any order which a judge or a circuit or supplemental court commissioner has
7power to make. Court commissioners shall have the powers provided in ch. 753 or
8by other statute.
AB354, s. 258 9Section 258. 807.09 (1) of the statutes is amended to read:
AB354,94,1510 807.09 (1) A circuit judge of the circuit court of any county may appoint and
11remove at any time, any retired or former circuit or county court judge to act, in
12matters referred by the judge and in conciliation matters. When a matter for
13conciliation is referred for such purpose, the conciliator shall have full authority to
14hear, determine and report findings to the court. Such conciliators may be appointed
15circuit court commissioners as provided in s. 757.68 under SCR 75.02 (1).
AB354, s. 259 16Section 259. 812.30 (2) of the statutes is amended to read:
AB354,94,1817 812.30 (2) "Court" includes a circuit court commissioner assigned to preside at
18a proceeding under this subchapter.
AB354, s. 260 19Section 260. 813.025 (1) of the statutes is amended to read:
AB354,94,2420 813.025 (1) No circuit or supplemental court commissioner shall may issue any
21injunction or order suspending or restraining the enforcement or execution of any
22statute of the state or of any order of an administrative officer, board, department,
23commission or other state agency purporting to be made pursuant to the statutes of
24the state. If so issued such, the injunction or order shall be void.
AB354, s. 261 25Section 261. 813.12 (2) (a) of the statutes is amended to read:
AB354,95,12
1813.12 (2) (a) No action under this section may be commenced by complaint and
2summons. An action under this section may be commenced only by a petition
3described under sub. (5) (a). The action commences with service of the petition upon
4the respondent if a copy of the petition is filed before service or promptly after service.
5If the judge or family a circuit court commissioner extends the time for a hearing
6under sub. (3) (c) and the petitioner files an affidavit with the court stating that
7personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was
8unsuccessful because the respondent is avoiding service by concealment or
9otherwise, the petitioner may serve the respondent by publication of the petition as
10a class 1 notice, under ch. 985, and by mailing if the respondent's post-office address
11is known or can with due diligence be ascertained. The mailing may be omitted if the
12post-office address cannot be ascertained with due diligence.
AB354, s. 262 13Section 262. 813.12 (2) (b) of the statutes is amended to read:
AB354,95,2214 813.12 (2) (b) A petition may be filed in conjunction with an action affecting the
15family commenced under ch. 767, but commencement of an action affecting the
16family or any other action is not necessary for the filing of a petition or the issuance
17of a temporary restraining order or an injunction. A judge or family circuit court
18commissioner may not make findings or issue orders under s. 767.23 or 767.24 while
19granting relief requested only under this section. Section 813.06 does not apply to
20an action under this section. The respondent may respond to the petition either in
21writing before or at the hearing on the issuance of the injunction or orally at that
22hearing.
AB354, s. 263 23Section 263. 813.12 (3) (a) of the statutes is amended to read:
AB354,96,524 813.12 (3) (a) A judge or family circuit court commissioner shall issue a
25temporary restraining order ordering the respondent to refrain from committing acts

1of domestic abuse against the petitioner, to avoid the petitioner's residence, except
2as provided in par. (am), or any premises temporarily occupied by the petitioner or
3both, or to avoid contacting or causing any person other than a party's attorney to
4contact the petitioner unless the petitioner consents in writing, or any combination
5of these remedies requested in the petition, if all of the following occur:
AB354,96,76 1. The petitioner submits to the judge or family circuit court commissioner a
7petition alleging the elements set forth under sub. (5) (a).
AB354,96,168 2. The judge or family circuit court commissioner finds reasonable grounds to
9believe that the respondent has engaged in, or based on prior conduct of the
10petitioner and the respondent may engage in, domestic abuse of the petitioner. In
11determining whether to issue a temporary restraining order, the judge or family
12circuit court commissioner shall consider the potential danger posed to the petitioner
13and the pattern of abusive conduct of the respondent but may not base his or her
14decision solely on the length of time since the last domestic abuse or the length of time
15since the relationship ended. The judge or family circuit court commissioner may
16grant only the remedies requested or approved by the petitioner.
AB354, s. 264 17Section 264. 813.12 (3) (am) of the statutes is amended to read:
AB354,96,2418 813.12 (3) (am) If the petitioner and the respondent are not married, the
19respondent owns the premises where the petitioner resides and the petitioner has
20no legal interest in the premises, in lieu of ordering the respondent to avoid the
21petitioner's residence under par. (a) the judge or family circuit court commissioner
22may order the respondent to avoid the premises for a reasonable time until the
23petitioner relocates and shall order the respondent to avoid the new residence for the
24duration of the order.
AB354, s. 265 25Section 265. 813.12 (3) (c) of the statutes is amended to read:
AB354,97,9
1813.12 (3) (c) The temporary restraining order is in effect until a hearing is held
2on issuance of an injunction under sub. (4). The temporary restraining order is not
3voided if the respondent is admitted into a dwelling that the order directs him or her
4to avoid. A judge or family circuit court commissioner shall hold a hearing on
5issuance of an injunction within 7 days after the temporary restraining order is
6issued, unless the time is extended upon the written consent of the parties or
7extended once for 14 days upon a finding that the respondent has not been served
8with a copy of the temporary restraining order although the petitioner has exercised
9due diligence.
AB354, s. 266 10Section 266. 813.12 (3) (d) of the statutes is amended to read:
AB354,97,1511 813.12 (3) (d) The judge or circuit court commissioner shall advise the
12petitioner of the right to serve the respondent the petition by published notice if with
13due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or
14(b). The clerk of circuit court shall assist the petitioner with the preparation of the
15notice and filing of the affidavit of printing.
AB354, s. 267 16Section 267. 813.12 (4) (a) (intro.) of the statutes is amended to read:
AB354,97,2317 813.12 (4) (a) (intro.) A judge or family circuit court commissioner may grant
18an injunction ordering the respondent to refrain from committing acts of domestic
19abuse against the petitioner, to avoid the petitioner's residence, except as provided
20in par. (am), or any premises temporarily occupied by the petitioner or both, or to
21avoid contacting or causing any person other than a party's attorney to contact the
22petitioner unless the petitioner consents to that contact in writing, or any
23combination of these remedies requested in the petition, if all of the following occur:
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