2005 Wisconsin Act 439

Date of enactment: May 23, 2006
2005 Assembly Bill 432 Date of publication*: June 5, 2006

* Section 991.11, Wisconsin Statutes 2003-04 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2005 WISCONSIN ACT 439

An Act to amend 801.10 (4) (a); and to create 801.10 (1m) of the statutes; relating to: service of a summons by certain nonresidents.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

439,1 Section 1. 801.10 (1m) of the statutes is created to read:

801.10 (1m) Service by certain nonresidents. Notwithstanding sub. (1), an adult who is not a party to the action and who resides in Illinois, Iowa, Michigan, or Minnesota may serve an authenticated copy of the summons in this state.

439,2 Section 2. 801.10 (4) (a) of the statutes is amended to read:

801.10 (4) (a) Personal or substituted personal service shall be proved by the affidavit of the server indicating the time and date, place and manner of service,; that the server is an adult resident of the state of service or, if service is made in this state, an adult resident of this state or of Illinois, Iowa, Michigan, or Minnesota and is not a party to the action,; that the server knew the person served to be the defendant named in the summons; and that the server delivered to and left with the defendant an authenticated copy of the summons. If the defendant is not personally served, the server shall state in the affidavit when, where and with whom the copy was left, and shall state such facts as show reasonable diligence in attempting to effect personal service on the defendant. If the copy of the summons is served by a sheriff or deputy sheriff of the county in this state where the defendant was found, proof may be by the sheriff's or deputy's certificate of service indicating time and date, place, manner of service and, if the defendant is not personally served, the information required in the preceding sentence. The affidavit or certificate constituting proof of service under this paragraph may be made on an authenticated copy of the summons or as a separate document.