Note: Corrects cross-reference. The cross-reference is shown correctly in the
printed statutes.
SB301,73,10
1560.275
(2) (c)
Bridge grants and loans. The department may make a grant
2or loan from the appropriation under s. 20.143 (1) (c) or (ie) to a person who has
3received early stage financing from 3rd parties or a grant from the federal
4government to fund early stage research and development and who has sought
5additional early stage financing from 3rd parties or applied for an additional grant
6from the federal government to fund early stage research and development. A grant
7or loan under this paragraph shall be for the purpose of funding professional
8activities necessary to maintain the project research and management team and
9funding basic operations until the applicant's additional
3rd party 3rd-party 10financing request or federal grant application is approved or denied.
Note: Corrects spelling.
SB301,73,1313
560.799
(1) (bm) 1. A business' employees in
a economic an enterprise zone.
Note: Inserts correct term consistent with the remainder of
2005 Wis. Act 361.
Inserts correct article after governor's partial veto.
SB301,73,1716
705.04
(2) (intro.) If the account is a P.O.D. account, on the death of the original
17payee or the survivor of 2 or more original payees,
54 all of the following apply:
SB301,73,2120
705.04
(2) (f) Payment may be made to a minor P.O.D. beneficiary only in
21accordance with a procedure approved under ch.
880
54.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
206 renumbered s. 705.20 to s. 705.10.
SB301, s. 199
3Section
199. 752.03 (3) of the statutes is repealed.
Note: Repeals obsolete transition provision.
SB301, s. 200
4Section
200. 752.03 (4) of the statutes is renumbered 752.03 and amended to
5read:
SB301,74,9
6752.03 Number of judges. Beginning on August 1, 1994, there There shall
7be 16 court of appeals judges. Three judges shall be elected from the district specified
8in s. 752.17, 4 judges shall be elected from each of the 2 districts specified in ss. 752.13
9and 752.15 and 5 judges shall be elected from the district specified in s. 752.19.
Note: As a result of the repeal of ss. 752.03 (3) by this bill, this provision does not
have multiple subsections. Obsolete transition language is deleted.
Note: There is no conflict of substance. As merged by the revisor, s. 767.41 (1) (a),
as renumbered from s. 767.05 (2) by
2005 Wis. Act 443, reads:
(a) Subject to ch. 822, the question of a child's custody may be determined as an
incident of any action affecting the family or in an independent action for custody. The
effect of any determination of a child's custody is not binding personally against any
parent or guardian unless the parent or guardian has been made personally subject to
the jurisdiction of the court in the action as provided under ch. 801 or has been notified
under s. 822.08, as provided in s. 822.06. Nothing in this chapter may be construed to
foreclose a person other than a parent who has physical custody of a child from proceeding
under ch. 822.
SB301,74,1515
767.80
(2) (title)
Certain agreements not A a bar to action.
Note: Corrects capitalization.
SB301, s. 203
16Section
203. 801.14 (3) of the statutes is amended to read:
SB301,75,9
1801.14
(3) In any action in which there are unusually large numbers of
2defendants, the court, upon motion or on its own initiative, may order that service
3of the pleadings of the defendants and replies thereto need not be made as between
4the defendants and that any
cross-claim cross claim, counterclaim, or matter
5constituting an avoidance or affirmative defense contained therein shall be deemed
6to be denied or avoided by all other parties and that the filing of any such pleading
7and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy
8of every such order shall be served upon the parties in such manner and form as the
9court directs.
Note: Corrects spelling.
SB301,75,1712
802.01
(1) Pleadings. There shall be a complaint and an answer; a reply to a
13counterclaim denominated as such; an answer to a
cross-claim cross claim, if the
14answer contains a
cross-claim cross claim; a 3rd-party complaint, if a person who
15was not an original party is summoned under s. 803.05, and a 3rd-party answer, if
16a 3rd-party complaint is served. No other pleading shall be allowed, except that the
17court may order a further pleading to a reply or to any answer.
Note: Corrects spelling.
SB301, s. 205
18Section
205. 802.04 (1) of the statutes is amended to read:
SB301,76,1119
802.04
(1) Caption. Every pleading shall contain a caption setting forth the
20name of the court, the venue, the title of the action, the file number, and a designation
21as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains
22cross-claims cross claims or counterclaims, the designation in the caption shall state
23their existence. In the complaint the caption of the action shall include the
1standardized description of the case classification type and associated code number
2as approved by the director of state courts, and the title of the action shall include
3the names and addresses of all the parties, indicating the representative capacity,
4if any, in which they sue or are sued and, in actions by or against a corporation, the
5corporate existence and its domestic or foreign status shall be indicated. In pleadings
6other than the complaint, it is sufficient to state the name of the first party on each
7side with an appropriate indication of other parties. Every pleading commencing an
8action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s.
9814.61 (3) shall contain in the caption, if the action includes a claim for a money
10judgment, a statement of whether the amount claimed is greater than the amount
11under s. 799.01 (1) (d).
Note: Corrects spelling.
SB301,77,1014
802.06
(1) When presented. Except when a court dismisses an action or special
15proceeding under s. 802.05 (4), a defendant shall serve an answer within 20 days
16after the service of the complaint upon the defendant. If a guardian ad litem is
17appointed for a defendant, the guardian ad litem shall have 20 days after
18appointment to serve the answer. A party served with a pleading stating a
19cross-claim cross claim against the party shall serve an answer thereto within 20
20days after the service upon the party. The plaintiff shall serve a reply to a
21counterclaim in the answer within 20 days after service of the answer. The state or
22an agency of the state or an officer, employee, or agent of the state shall serve an
23answer to the complaint or to a
cross-claim cross claim or a reply to a counterclaim
24within 45 days after service of the pleading in which the claim is asserted. If any
1pleading is ordered by the court, it shall be served within 20 days after service of the
2order, unless the order otherwise directs. If a defendant in the action is an insurance
3company, or if any cause of action raised in the original pleading,
cross-claim cross
4claim, or counterclaim is founded in tort, the periods of time to serve a reply or answer
5shall be 45 days. The service of a motion permitted under sub. (2) alters these periods
6of time as follows, unless a different time is fixed by order of the court: if the court
7denies the motion or postpones its disposition until the trial on the merits, the
8responsive pleading shall be served within 10 days after notice of the court's action;
9or if the court grants a motion for a more definite statement, the responsive pleading
10shall be served within 10 days after the service of the more definite statement.
Note: Corrects spelling.
SB301, s. 207
11Section
207. 802.06 (2) (a) (intro.) of the statutes is amended to read:
SB301,77,1612
802.06
(2) (a) (intro.) Every defense, in law or fact, except the defense of
13improper venue, to a claim for relief in any pleading, whether a claim, counterclaim,
14cross-claim cross claim, or 3rd-party claim, shall be asserted in the responsive
15pleading thereto if one is required, except that the following defenses may at the
16option of the pleader be made by motion:
Note: Corrects spelling.
SB301, s. 208
17Section
208. 802.07 (title) of the statutes is amended to read:
SB301,77,18
18802.07 (title)
Counterclaim and cross-claim cross claim.
Note: Corrects spelling.
SB301, s. 209
19Section
209. 802.07 (4) and (5) of the statutes are amended to read:
SB301,77,2220
802.07
(4) Joinder of additional parties. Persons other than those made
21parties to the original action may be made parties to a counterclaim or
cross-claim 22cross claim in accordance with ss. 803.03 to 803.05.
SB301,78,5
1(5) Separate trials; separate judgments. If the court orders separate trials as
2provided in s. 805.05 (2), judgment on a counterclaim or
cross-claim cross claim may
3be rendered in accordance with s. 806.01 (2) when the court has jurisdiction so to do,
4even if the claims of the opposing party have been dismissed or otherwise disposed
5of.
Note: Corrects spelling.
SB301,78,128
802.08
(1) Availability. A party may, within 8 months of the filing of a
9summons and complaint or within the time set in a scheduling order under s. 802.10,
10move for summary judgment on any claim, counterclaim,
cross-claim cross claim, or
113rd-party claim which is asserted by or against the party. Amendment of pleadings
12is allowed as in cases where objection or defense is made by motion to dismiss.
Note: Corrects spelling.
SB301,78,1815
803.02
(1) A party asserting a claim to relief as an original claim, counterclaim,
16cross-claim cross claim, or 3rd-party claim, may join, either as independent or as
17alternate claims, as many claims, legal or equitable, as the party has against an
18opposing party.
Note: Corrects spelling.
SB301,79,2021
803.05
(1) At any time after commencement of the action, a defending party,
22as a 3rd-party plaintiff, may cause a summons and complaint to be served upon a
1person not a party to the action who is or may be liable to the defending party for all
2or part of the plaintiff's claim against the defending party, or who is a necessary party
3under s. 803.03. The 3rd-party plaintiff need not obtain leave to implead if he or she
4serves the 3rd-party summons and 3rd-party complaint not later than 6 months
5after the summons and complaint are filed or the time set in a scheduling order under
6s. 802.10; thereafter, the 3rd-party plaintiff must obtain leave on motion upon notice
7to all parties to the action. The person served with the summons and 3rd-party
8complaint, hereinafter called the 3rd-party defendant, shall make defenses to the
93rd-party plaintiff's claim as provided in s. 802.06 and counterclaims against the
103rd-party plaintiff and
cross-claims cross claims against any other defendant as
11provided in s. 802.07. The 3rd-party defendant may assert against the plaintiff any
12defenses which the 3rd-party plaintiff has to the plaintiff's claim. The 3rd-party
13defendant may also assert any claim against the plaintiff if the claim is based upon
14the same transaction, occurrence or series of transactions or occurrences as is the
15plaintiff's claim against the 3rd-party plaintiff. The plaintiff may assert any claim
16against the 3rd-party defendant if the claim is based upon the same transaction,
17occurrence or series of transactions or occurrences as is the plaintiff's claim against
18the 3rd-party plaintiff, and the 3rd-party defendant thereupon shall assert defenses
19as provided in s. 802.06 and counterclaims and
cross-claims cross claims as provided
20in s. 802.07.
Note: Corrects spelling.
SB301, s. 213
21Section
213. 803.07 of the statutes is amended to read:
SB301,80,7
22803.07 Interpleader. Persons having claims against the plaintiff may be
23joined as defendants and required to interplead when their claims are such that the
24plaintiff is or may be exposed to double or multiple liability. It is not ground for
1objection to the joinder that the claims of the several claimants or the titles on which
2their claims depend do not have a common origin or are not identical but are adverse
3to and independent of one another, or that the plaintiff avers that the plaintiff is not
4liable in whole or in part to any or all of the claimants. A defendant exposed to similar
5liability may obtain such interpleader by way of
cross-claim cross claim or
6counterclaim. The provisions of this section supplement and do not in any way limit
7the joinder of parties permitted in s. 803.04.
Note: Corrects spelling.
SB301,80,1510
804.05
(3) (b) 5. In this subsection, the terms "defendant" and "plaintiff"
11include officers, directors and managing agents of corporate defendants and
12corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate.
13A defendant who asserts a counterclaim or a
cross-claim cross claim shall not be
14considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff
15under s. 803.05 (1) shall be so considered with respect to the 3rd-party defendant.
Note: Corrects spelling.
SB301,80,2218
805.04
(3) Counterclaim, cross-claim cross claim and 3rd-party claim. This
19section applies to the voluntary dismissal of any counterclaim,
cross-claim cross
20claim, or 3rd-party claim. A voluntary dismissal by the claimant alone shall be made
21before a responsive pleading is served, or if there is none, before the introduction of
22evidence at the trial or hearing.
Note: Corrects spelling.
SB301,81,73
805.05
(2) Separate trials. The court, in furtherance of convenience or to avoid
4prejudice, or when separate trials will be conducive to expedition or economy, or
5pursuant to s. 803.04 (2) (b), may order a separate trial of any claim,
cross-claim 6cross claim, counterclaim, or 3rd-party claim, or of any number of claims, always
7preserving inviolate the right of trial in the mode to which the parties are entitled.
Note: Corrects spelling.
SB301,81,1210
805.14
(9) Involuntary dismissal of counterclaim, cross-claim cross claim
11or 3rd-party claim. This section applies to counterclaims,
cross-claims cross claims,
12and 3rd-party claims.
Note: Corrects spelling.
SB301, s. 218
13Section
218. 812.17 of the statutes is amended to read:
SB301,82,2
14812.17 Impleader. When the answer of the garnishee discloses that any 3rd
15person claims the debt or property in the garnishee's hands and the name and
16residence of such claimant the court may order that such claimant be impleaded as
17a defendant in the garnishment action and that notice thereof, setting forth the facts,
18with a copy of such order and answer be served upon the
3rd person 3rd-person 19claimant, and that after such service is made the garnishee may pay or deliver to the
20officer or the clerk such debt or property and have a receipt therefor, which shall be
21a complete discharge from all liability for the amount so paid or property so delivered.
22Such notice shall be served as required for service of a summons. Upon such service
23being made such claimant shall be deemed a defendant in the garnishee action, and
1within 20 days shall answer setting forth the claimant's claim or any defense
which 2that the garnishee might have made.
Note: Corrects spelling.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
288 also created a provision numbered 814.75 (1g).
Note: 2005 Wis. Act 288 renumbered s. 814.75 (1) to 814.75 (1m).
2005 Wis. Act
433 renumbered 814.75 (1) to 814.75 (1r). The revisor under s. 13.93 (1) (b) numbers the
provision 814.75 (1m).
SB301,82,99
814.75
(13m) The Great Lakes resource surcharge under s.
29.99 29.9905.
Note: Section 29.99, as created by
2005 Wis. Act 288, is renumbered to s. 29.9905
by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
288 also created a provision numbered 814.76 (1g).
Note: 2005 Wis. Act 288 renumbered s. 814.76 (1) to 814.76 (1m).
2005 Wis. Act
433 renumbered 814.76 (1) to 814.76 (1r). The revisor under s. 13.93 (1) (b) numbers the
provision 814.76 (1m).
SB301,82,1616
814.76
(10m) The Great Lakes resource surcharge under s.
29.99 29.9905.
Note: Section 29.99, as created by
2005 Wis. Act 288, is renumbered to s. 29.9905
by this bill.