Amendment ASA1-AB671

AB671-ASA1,10,10 Within 40 45 days after ...., 19.., 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.

AB671-ASA1,10,16 If you do not provide a proper answer within 40 45 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.

AB671-ASA1,10,17 Dated: ...., 19..

AB671-ASA1,10,18 Signed: .... ....

AB671-ASA1,10,19 A. B., Plaintiff

AB671-ASA1,10,20 or

AB671-ASA1,10,21 E. F., Plaintiff's Attorney

AB671-ASA1,10,22 State Bar No.: ....

AB671-ASA1,10,23 Address: ....

AB671-ASA1,10,24 City, State Zip Code: ....

AB671-ASA1,10,25 Phone No.: ....

AB671-ASA1, s. 14 Section 14. 801.095 (4) of the statutes is amended to read:

AB671-ASA1,11,2 801.095 (4) No personal service; complaint not served at the same time.

AB671-ASA1,11,3 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

AB671-ASA1,11,5 A. B.

AB671-ASA1,11,6 Address

AB671-ASA1,11,7 City, State Zip Code File No. ....

AB671-ASA1,11,8 , Plaintiff

AB671-ASA1,11,9 vs. S U M M O N S

AB671-ASA1,11,10 C. D.

AB671-ASA1,11,11 Address .... (Case Classification Type): .... (Code No.)

AB671-ASA1,11,12 City, State Zip Code

AB671-ASA1,11,13 , Defendant

AB671-ASA1,11,15 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB671-ASA1,11,17 You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

AB671-ASA1,11,21 Within 40 45 days after ...., 19.., 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.

AB671-ASA1,12,2 If you do not demand a copy of the complaint within 40 45 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.

AB671-ASA1,12,3 Dated: ...., 19..

AB671-ASA1,12,4 Signed: .... ....

AB671-ASA1,12,5 A. B., Plaintiff

AB671-ASA1,12,6 or

AB671-ASA1,12,7 E. F., Plaintiff's Attorney

AB671-ASA1,12,8 State Bar No.: ....

AB671-ASA1,12,9 Address: ....

AB671-ASA1,12,10 City, State Zip Code: ....

AB671-ASA1,12,11 Phone No.: ....

AB671-ASA1, s. 15 Section 15. 801.15 (2) (a) of the statutes is amended to read:

AB671-ASA1,12,19 801.15 (2) (a) When an act is required to be done at or within a specified time, the court may order the period enlarged but only on motion for cause shown and upon just terms. The 60 90 day period under s. 801.02 may not be enlarged. If the motion is made after the expiration of the specified time, it shall not be granted unless the court finds that the failure to act was the result of excusable neglect. The order of enlargement shall recite by its terms or by reference to an affidavit in the record the grounds for granting the motion.

AB671-ASA1, s. 16 Section 16. 802.06 (1) of the statutes is amended to read:

AB671-ASA1,13,13 802.06 (1) When presented. A defendant shall serve an answer within 20 45 days after the service of the complaint upon the defendant. If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 20 45 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 20 45 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 20 45 days after service of the answer. The state or an agency of the state or an officer, employe or agent of the state in an action brought within the purview of s. 893.82 or 895.46 shall serve an answer to the complaint or to a cross-claim or a reply to a counterclaim within 45 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 20 45 days after service of the order, unless the order otherwise directs. 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.

AB671-ASA1, s. 17 Section 17. 802.06 (6) of the statutes is amended to read:

AB671-ASA1,13,20 802.06 (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 20 45 days after the service of the pleading upon the party 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.

AB671-ASA1, s. 18 Section 18. 802.09 (1) of the statutes is amended to read:

AB671-ASA1,14,4 802.09 (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 20 45 days after service of the amended pleading unless (a) the court otherwise orders or (b) no responsive pleading is required or permitted under s. 802.01 (1).

AB671-ASA1, s. 19 Section 19. 893.02 of the statutes is amended to read:

AB671-ASA1,14,11 893.02 Action, when commenced. An action is commenced, within the meaning of any provision of law which limits the time for the commencement of an action, as to each defendant, when the summons naming the defendant and the complaint are filed with the court, but no action shall be deemed commenced as to any defendant upon whom service of authenticated copies of the summons and complaint has not been made within 60 90 days after filing.

AB671-ASA1, s. 20 Section 20. 961.555 (2) (a) of the statutes is amended to read:

AB671-ASA1,14,22 961.555 (2) (a) The district attorney of the county within which the property was seized shall commence the forfeiture action within 30 days after the seizure of the property, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 60 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.

AB671-ASA1, s. 21 Section 21. 973.076 (2) (a) of the statutes is amended to read:

AB671-ASA1,15,10 973.076 (2) (a) The district attorney of the county within which the property was seized or in which the defendant is convicted shall commence the forfeiture action within 30 days after the seizure of the property or the date of conviction, whichever is earlier, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 60 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.

AB671-ASA1, s. 22 Section 22. Initial applicability.

AB671-ASA1,15,13 (1) This act first applies to actions commenced on the effective date of this subsection.

AB671-ASA1,15,14 (End)