Wisconsin Legislature: SB55-ASA1-AA1,1327,8

15 , Plaintiff

16 vs. S U M M O N S

17 C. D.

18 Address .... (Case Classification Type): .... (Code No.)

19 City, State Zip Code

20 , Defendant

22 THE STATE OF WISCONSIN, To each person named above as a Defendant:

23 You are hereby notified that the Plaintiff named above has filed a lawsuit or
24other legal action against you.

1Within 45 (20) (45) days of receiving this summons, you must respond with a
2written demand for a copy of the complaint. The demand must be sent or delivered
3to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is .....
4You may have an attorney help or represent you.

5 If you do not demand a copy of the complaint within 45 (20) (45) days, the court
6may grant judgment against you for the award of money or other legal action
7requested in the complaint, and you may lose your right to object to anything that
8is or may be incorrect in the complaint. A judgment may be enforced as provided by
9law. A judgment awarding money may become a lien against any real estate you own
10now or in the future, and may also be enforced by garnishment or seizure of property.

11 Dated: ...., .... (year)

12 Signed: .... ....

13 A. B., Plaintiff

14 or

15 E. F., Plaintiff's Attorney

16 State Bar No.: ....

17 Address: ....

18 City, State Zip Code: ....

19 Phone No.: ....

20Section 3828jg. 801.095 (3) of the statutes is amended to read:

21 801.095 (3) No personal service; complaint served at the same time.

1STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

3 A. B.

4 Address

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

6 , Plaintiff

7 vs. S U M M O N S

8 C. D.

9 Address .... (Case Classification Type): .... (Code No.)

10 City, State Zip Code

11 , Defendant

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

14 You are hereby notified that the Plaintiff named above has filed a lawsuit or
15other legal action against you. The complaint, which is also served upon you, states
16the nature and basis of the legal action.

17 Within 45 (20) (45) days after ...., .... (year), you must respond with a written
18answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the
19complaint. The court may reject or disregard an answer that does not follow the
20requirements of the statutes. The answer must be sent or delivered to the court,
21whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may
22have an attorney help or represent you.

23 If you do not provide a proper answer within 45 (20) (45) days, the court may
24grant judgment against you for the award of money or other legal action requested

1in the complaint, and you may lose your right to object to anything that is or may be
2incorrect in the complaint. A judgment may be enforced as provided by law. A
3judgment awarding money may become a lien against any real estate you own now
4or in the future, and may also be enforced by garnishment or seizure of property.

5 Dated: ...., .... (year)

6 Signed: .... ....

7 A. B., Plaintiff

8 or

9 E. F., Plaintiff's Attorney

10 State Bar No.: ....

11 Address: ....

12 City, State Zip Code: ....

13 Phone No: ....

14Section 3828jm. 801.095 (4) of the statutes is amended to read:

15 801.095 (4) No personal service; complaint not served at the same time.

16 STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

18 A. B.

19 Address

20 City, State Zip Code File No. ....

21 , Plaintiff

22 vs. S U M M O N S

23 C. D.

24 Address .... (Case Classification Type): .... (Code No.)

1City, State Zip Code

2 , Defendant

4 THE STATE OF WISCONSIN, To each person named above as a Defendant:

5 You are hereby notified that the plaintiff named above has filed a lawsuit or
6other legal action against you.

7 Within 45 (20) (45) days after ...., .... (year), you must respond with a written
8demand for a copy of the complaint. The demand must be sent or delivered to the
9court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You
10may have an attorney help or represent you.

11 If you do not demand a copy of the complaint within 45 (20) (45) days, the court
12may grant judgment against you for the award of money or other legal action
13requested in the complaint, and you may lose your right to object to anything that
14is or may be incorrect in the complaint. A judgment may be enforced as provided by
15law. A judgment awarding money may become a lien against any real estate you own
16now or in the future, and may also be enforced by garnishment or seizure of property.

17 Dated: ...., .... (year)

18 Signed: .... ....

19 A. B., Plaintiff

20 or

21 E. F., Plaintiff's Attorney

22 State Bar No.: ....

23 Address: ....

24 City, State Zip Code: ....

1Phone No: ....

2Section 3828jr. 802.06 (1) of the statutes is amended to read:

3 802.06 (1) When presented. Except as provided in sub. (1m) or when a court
4dismisses an action or special proceeding under s. 802.05 (3), a defendant shall serve
5an answer within 45 days after the service of the complaint upon the defendant. If
6Except as provided in sub. (1m), if a guardian ad litem is appointed for a defendant,
7the guardian ad litem shall have 45 days after appointment to serve the answer. A
8party served with a pleading stating a cross-claim against the party shall serve an
9answer thereto within 45 days after the service upon the party. The plaintiff shall
10serve a reply to a counterclaim in the answer within 45 days after service of the
11answer. The state or an agency of the state or an officer, employee or agent of the
12state shall serve an answer to the complaint or to a cross-claim or a reply to a
13counterclaim within 45 days after service of the pleading in which the claim is
14asserted. If any pleading is ordered by the court, it shall be served within 45 days
15after service of the order, unless the order otherwise directs. The service of a motion
16permitted under sub. (2) alters these periods of time as follows, unless a different
17time is fixed by order of the court: if the court denies the motion or postpones its
18disposition until the trial on the merits, the responsive pleading shall be served
19within 10 days after notice of the court's action; or if the court grants a motion for a
20more definite statement, the responsive pleading shall be served within 10 days after
21the service of the more definite statement.

22Section 3828js. 802.06 (1m) of the statutes is created to read:

23 802.06 (1m) Enforcement of lien or security interest. If the proceeding is
24to foreclose or otherwise enforce a lien or security interest, the defendant or guardian

1ad litem shall serve an answer within 20 days after the service of the complaint upon
2the defendant or 20 days after appointment of the guardian ad litem.

3Section 3828jt. 802.06 (6) of the statutes is amended to read:

4 802.06 (6) Motion to strike. Upon motion made by a party before responding
5to a pleading or, if no responsive pleading is permitted upon motion made by a party
6within 45 days after the service of the pleading upon the party, or within 20 days after
7the service if the proceeding is to foreclose or otherwise enforce a lien or security
8interest, or upon the court's own initiative at any time, the court may order stricken
9from any pleading any insufficient defense or any redundant, immaterial,
10impertinent, scandalous or indecent matter.

11Section 3828jv. 802.09 (1) of the statutes is amended to read:

12 802.09 (1) Amendments. A party may amend the party's pleading once as a
13matter of course at any time within 6 months after the summons and complaint are
14filed or within the time set in a scheduling order under s. 802.10. Otherwise a party
15may amend the pleading only by leave of court or by written consent of the adverse
16party; and leave shall be freely given at any stage of the action when justice so
17requires. A party shall plead in response to an amended pleading within 45 days
18after service of the amended pleading, or within 20 days after the service if the
19proceeding is to foreclose or otherwise enforce a lien or security interest, unless (a)
20the court otherwise orders or (b) no responsive pleading is required or permitted
21under s. 802.01 (1).".

221755. Page 1208, line 2: after that line insert:

23" Section 3832j. 814.615 (1) (a) 1. of the statutes is amended to read:

1814.615 (1) (a) 1. For the first mediation session conducted upon referral under
2s. 767.11 (5), no a fee of $100.".

31756. Page 1208, line 4: after that line insert:

4" Section 3832L. 814.615 (2) of the statutes is amended to read:

5 814.615 (2) In lieu of the any fee under sub. (1) (a) 2. or 3., a county may
6establish a fee schedule to recover its reasonable costs of providing family court
7counseling services under s. 767.11. A fee schedule established under this subsection
8may apply in lieu of the fee any or all fees under sub. (1) (a) 2. or 3. or both, and shall
9require no fee for the first mediation session conducted upon referral under s. 767.11
10(5);, shall provide for payment for any other services based on the parties' ability to
11pay; and, and shall take into account the fees the county collects under s. 814.61 (1)
12(b) and (7) (b). Fees shall be based on services actually provided. The county may
13not collect a single fee applicable without regard to the number of sessions or services
14provided. Subject to sub. (3), the county shall provide family court counseling
15services to the parties even if both parties are unable to pay.".

161757. Page 1208, line 14: delete lines 14 and 15 and substitute: