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.
SB301,83,33
814.77
(6m) 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.
SB301,83,76
822.31
(1) "Judicial day" means each day except Saturday, Sunday, or a legal
7holiday under s.
895.20 995.20.
Note: Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by
2005 Wis. Act 155.
SB301,84,510
867.046
(1m) Upon death; generally. If a domiciliary of this state dies who
11immediately prior to death had an interest in property in this state, including an
12interest in survivorship marital property or an interest in property passing under s.
13705.20 705.10 (1), or if a person not domiciled in this state dies having an interest
14in property in this state, including an interest in survivorship marital property or an
15interest in property passing under s.
705.20 705.10 (1), upon petition of the
16decedent's spouse, a beneficiary of a marital property agreement
or, a TOD
17beneficiary, or a beneficiary of a transfer under s.
705.20 705.10 (1) to the court of the
18county of domicile of the decedent or, if the decedent was not domiciled in this state,
19of any county where the property is situated, the court shall issue a certificate under
20the seal of the court. The certificate shall set forth the fact of the death of the
21decedent, the termination or transfer of the decedent's interest in the property, the
22interest of the petitioner in the property and any other facts essential to a
1determination of the rights of persons interested. The certificate is prima facie
2evidence of the facts recited, and if the certificate relates to an interest in real
3property or to a debt secured by an interest in real property, the petitioner shall
4record a certified copy or duplicate original of the certificate in the office of the
5register of deeds in each county in this state in which the real property is located.
Note: Section 705.20 was renumbered to s. 705.10 by
2005 Wis. Act 206. Corrects
punctuation.
SB301,84,198
867.046
(2) Upon death; interest in property. (intro.) As an alternative to sub.
9(1m), upon the death of any person having an interest in any real property, a vendor's
10interest in a land contract, an interest in a savings or checking account, an interest
11in a security, a mortgagee's interest in a mortgage, or an interest in property passing
12under s.
705.20 705.10 (1), including an interest in survivorship marital property, the
13decedent's spouse, a beneficiary of a marital property agreement
or, a TOD
14beneficiary, or a beneficiary of a transfer under s.
705.20 705.10 (1) may obtain
15evidence of the termination of that interest of the decedent and confirmation of the
16petitioner's interest in the property by providing to the register of deeds of the county
17in which the property is located the certified death certificate for the decedent and,
18on applications supplied by the register of deeds for that purpose, all of the following
19information:
Note: Section 705.20 was renumbered to s. 705.10 by
2005 Wis. Act 206. Corrects
punctuation.
SB301,85,2
1867.046
(2) (k) In the case of a transfer under s.
705.20 705.10 (1), except as
2described in par. (i) or (j), a copy of the document described in s.
705.20 705.10 (1).
SB301,85,12
5879.09 Notice requirement satisfied by waiver of notice. Persons who
6are not minors or individuals adjudicated incompetent, on behalf of themselves, and
7appointed guardians ad litem and guardians of the estate on behalf of themselves
8and those whom they represent, may in writing waive the service of notice upon them
9and consent to the hearing of any matter without notice
,. An attorney, or
10attorney-in-fact, for a person in the military service may waive notice on behalf of
11himself or herself but cannot waive notice on behalf of the person in the military
12service. Waiver of notice by any person is equivalent to timely service of notice.
Note: Deletes unnecessary comma.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
387 created the same provision as s. 54.01 (28) and renumbered the remainder of s. 880.01
to s. 54.01.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
387 renumbers the remainder of s. 880.07 to s. 54.34.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
387 renumbered s. 880.33 to multiple locations in ch. 54 but did not take into account the
creation of s. 880.33 (2) (f) by
2005 Wis. Act 264. It is moved to s. 54.44 (5) for proximity
to provisions relating to who may be present at a guardianship hearing.
Note: There is no conflict of substance. As merged by the revisor, s. 893.587 reads:
893.587 Sexual assault of a child; limitation. An action to recover damages
for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06,
948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced
before the injured party reaches the age of 35 years or be barred.
SB301,86,155
895.07
(7) (i) If the contractor rejects the supplemental offer made by the
6supplier to remedy the construction defect or to settle the claim by monetary
7payment or a combination of each, the contractor shall, within 15 working days after
8receiving the offer, serve written notice of the contractor's rejection on the supplier.
9The notice shall include the reasons for the contractor's rejection of the supplier's
10supplemental settlement offer. If the contractor believes the supplier's
11supplemental settlement offer is unreasonable, the contractor shall set forth the
12reasons why the contractor believes the supplemental settlement offer is
13unreasonable. If
the supplier declines to make a supplemental offer, or if the
14contractor rejects the supplemental offer, the contractor may bring an action against
15the supplier for the claim described in the notice of claim without further notice.
Note: Inserts missing article.
SB301,86,19
18895.497 (title)
Liability
Civil liability exemption: furnishing safety
19services relating to child safety restraint systems.
Note: Conforms form of title to the other titles in ch. 895 relating to civil liability
exemptions, as affected by
2005 Wis. Act 155.
SB301,87,4
3895.506 (title)
Liability
Civil liability exemption: weight gain and
4obesity claims.
Note: Conforms form of title to the other titles in ch. 895 relating to civil liability
exemptions, as affected by
2005 Wis. Act 155.
Note: 2005 Wis. Act 155 revises ch. 895 to include only provisions related to limits
on liability and miscellaneous court provisions and renumbers s. 895.505, relating to
disposal of records containing personal information, to s. 134.97. Section 895.507
relating to notice of unauthorized acquisition of personal information, is renumbered
134.98 so the section continues to be located with the former s. 895.505 in the statutes.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
155 revises ch. 895 to create 2 subchapters and to reorganize the chapter accordingly.
Section 895.81, Indemnification of a financial institution, is moved so it is not located in
subchapter II, Exemptions From Liability, and is located in subchapter I, Damages,
Liability, and Miscellaneous Provisions Regarding Actions in Courts.
Note: There is no conflict of substance. As merged by the revisor s. 905.04 (4) (a)
reads:
(a) Proceedings for hospitalization, guardianship, protective services, or protective
placement or for control, care, or treatment of a sexually violent person. There is no
privilege under this rule as to communications and information relevant to an issue in
proceedings to hospitalize the patient for mental illness, to appoint a guardian in this
state, for court-ordered protective services or protective placement, for review of
guardianship, protective services, or protective placement orders, or for control, care, or
treatment of a sexually violent person under ch. 980, if the physician, registered nurse,
chiropractor, psychologist, social worker, marriage and family therapist, or professional
counselor in the course of diagnosis or treatment has determined that the patient is in
need of hospitalization, guardianship, protective services, or protective placement or
control, care, and treatment as a sexually violent person.
SB301,88,7
1938.08
(3) (a) (intro.) In addition to the law enforcement authority under sub.
2(2), department personnel designated by the department
, and personnel of an agency
3contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the
4agency and the department
, and personnel of a county contracted with under s.
5301.08 (1) (b) 4. and designated by agreement between the county and the
6department have the power of law enforcement authorities to take a juvenile into
7physical custody under the following conditions:
Note: Section 301.08 (1) (b) 4. was repealed by
2005 Wis. Act 344, leaving the
stricken language without effect.
SB301, s. 242
8Section
242. 938.17 (1) (b) of the statutes is amended to read:
SB301,88,119
938.17
(1) (b) If the court orders the juvenile to serve a period of incarceration
10of less than 6 months, the juvenile may serve that period of incarceration only in a
11secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
Note: There is no conflict of substance. As merged by the revisor, s. 938.17 (2) (a)
3. (intro.) reads:
3. Except as provided in subd. 1m., when a juvenile is alleged to have violated a
municipal ordinance, one of the following may occur:
Note: There is no conflict of substance. As merged by the revisor, s. 938.18 (1) (a),
as renumbered from s. 938.18 (1) (a) 1. by
2005 Wisconsin Act 344, reads:
(a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2),
940.305, 940.31, 943.10 (2), 943.32 (2), 943.87, or 961.41 (1) on or after the juvenile's 14th
birthday.
SB301, s. 245
17Section
245. 938.183 (1m) (a) of the statutes is amended to read:
SB301,89,3
1938.183
(1m) (a) If the juvenile is under 15 years of age, the juvenile may be
2held in secure custody only in a
secure juvenile detention facility or in the juvenile
3portion of a county jail.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 246
4Section
246. 938.195 (1) (title) of the statutes is created to read:
SB301,89,55
938.195
(1) (title)
Definitions.
SB301, s. 247
6Section
247. 938.195 (1) (c) of the statutes is amended to read: