AB657: Bill Text

AB657, s. 5 Section 5. 108.225 (14) of the statutes is amended to read:

AB657,4,10 108.225 (14) Answer by 3rd party. Within 45 20 days after the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation. If the 3rd party is an insurance company, the insurance company shall file an answer with the department within 45 days after the service of the levy.

AB657, s. 6 Section 6. 125.12 (2) (d) of the statutes is amended to read:

AB657,5,3 125.12 (2) (d) Judicial review. The action of any municipal governing body in granting or failing to grant, suspending or revoking any license, or the failure of any municipal governing body to revoke or suspend any license for good cause, may be reviewed by the circuit court for the county in which the application for the license was issued, upon application by any applicant, licensee or resident of the municipality. The procedure on review shall be the same as in civil actions instituted in the circuit court. The person desiring review shall file pleadings, which shall be served on the municipal governing body in the manner provided in ch. 801 for service in civil actions and a copy of the pleadings shall be served on the applicant or licensee. The municipal governing body, applicant or licensee shall have 45 20 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had within 5 days, upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The decision of the court shall be filed within 10 days after the hearing and a copy of the decision shall be transmitted to each of the parties. The decision shall be binding unless it is appealed to the court of appeals.

AB657, s. 7 Section 7. 801.09 (2) (intro.) of the statutes is amended to read:

AB657,5,10 801.09 (2) (intro.) A direction to the defendant summoning and requiring defendant to serve upon the plaintiff's attorney, whose address shall be stated in the summons, either an answer to the complaint if a copy of the complaint is served with the summons or a demand for a copy of the complaint. The summons shall further direct the defendant to serve the answer or demand for a copy of the complaint within the following periods:

AB657, s. 8 Section 8. 801.09 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,5,18 801.09 (2) (a) Except as provided in par. pars. (c) and (d), within 20 days, or within 45 days if the defendant is the state or an officer, agent, employee, or agency of the state in an action or special proceeding brought under s. 893.82 or 895.46, exclusive of the day of service, after the summons has been served personally upon the defendant or served by substitution personally upon another authorized to accept service of the summons for the defendant; or

AB657, s. 9 Section 9. 801.09 (2) (b) of the statutes is amended to read:

AB657,5,23 801.09 (2) (b) Within 45 40 days after a date stated in the summons, exclusive of such date, if no such personal or substituted personal service has been made, and service is made by publication. The date so stated in the summons shall be the date of the first required publication.

AB657, s. 10 Section 10. 801.09 (2) (d) of the statutes is created to read:

AB657,6,2 801.09 (2) (d) Within 45 days if a party to the action is an insurance company, or if any cause of action raised in the complaint is founded in tort.

AB657, s. 11 Section 11. 801.095 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,6,5 801.095 (3) No personal service; complaint served at the same time.

AB657,6,6 STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

AB657,6,8 A. B.

AB657,6,9 Address

AB657,6,10 City, State Zip Code File No. ....

AB657,6,11 , Plaintiff

AB657,6,12 vs. S U M M O N S

AB657,6,13 C. D.

AB657,6,14 Address .... (Case Classification Type): .... (Code No.)

AB657,6,15 City, State Zip Code

AB657,6,16 , Defendant

AB657,6,18 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB657,6,21 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is also served upon you, states the nature and basis of the legal action.

AB657,7,2 Within (20) (45) 40 days after ...., .... (year), you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer 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.

AB657,7,8 If you do not provide a proper answer within (20) (45) 40 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.

AB657,7,9 Dated: ...., .... (year)

AB657,7,10 Signed: .... ....

AB657,7,11 A. B., Plaintiff

AB657,7,12 or

AB657,7,13 E. F., Plaintiff's Attorney

AB657,7,14 State Bar No.: ....

AB657,7,15 Address: ....

AB657,7,16 City, State Zip Code: ....

AB657,7,17 Phone No: ....

AB657, s. 12 Section 12. 801.095 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,7,20 801.095 (4) No personal service; complaint not served at the same time.

AB657,8,1 STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

AB657,8,3 A. B.

AB657,8,4 Address

AB657,8,5 City, State Zip Code File No. ....

AB657,8,6 , Plaintiff

AB657,8,7 vs. S U M M O N S

AB657,8,8 C. D.

AB657,8,9 Address .... (Case Classification Type): .... (Code No.)

AB657,8,10 City, State Zip Code

AB657,8,11 , Defendant

AB657,8,13 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB657,8,15 You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

AB657,8,19 Within (20) (45) 40 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.

AB657,8,25 If you do not demand a copy of the complaint within (20) (45) 40 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.

AB657,9,1 Dated: ...., .... (year)

AB657,9,2 Signed: .... ....

AB657,9,3 A. B., Plaintiff

AB657,9,4 or

AB657,9,5 E. F., Plaintiff's Attorney

AB657,9,6 State Bar No.: ....

AB657,9,7 Address: ....

AB657,9,8 City, State Zip Code: ....

AB657,9,9 Phone No: ....

AB657, s. 13 Section 13. 802.06 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,9,25 802.06 (1) When presented. Except as provided in sub. (1m) or when a court dismisses an action or special proceeding under s. 802.05 (3), a defendant shall serve an answer within 45 20 days after the service of the complaint upon the defendant. Except as provided in sub. (1m), if If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 45 20 days after appointment to serve the answer. A party served with a pleading stating a cross-claim against the party shall serve an answer thereto within 45 20 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 45 20 days after service of the answer. The state or an agency of the state or an officer, employee, or agent of the state shall serve an answer to the complaint or to a cross-claim or a reply to a counterclaim within 45 20 days after service of the pleading in which the claim is asserted. If any pleading is ordered by the court, it shall be served within 45 days after service of the order, unless the order otherwise directs. If a party to the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, the periods of time to serve a reply or answer shall be 45 days. The service of a motion permitted under sub. (2) alters these periods of time as follows, unless a different time is fixed by order of the court: if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; or if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.

AB657, s. 14 Section 14. 802.06 (1m) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB657, s. 15 Section 15. 802.06 (6) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,10,22 802.06 (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 20 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. If a party to the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, the 20-day time period under this subsection is increased to 45 days.

AB657, s. 16 Section 16. 802.09 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,11,12 802.09 (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 20 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): a) the court otherwise orders or (b); or b) no responsive pleading is required or permitted under s. 802.01 (1). If a party to the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, the 20-day time period under this subsection is increased to 45 days.

AB657, s. 17 Section 17. Initial applicability.

AB657,11,15 (1) This act first applies to actions commenced on the effective date of this subsection.

AB657, s. 18 Section 18. Effective date.

AB657,11,18 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB657,11,19 (End)