Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,947,11 , Defendant

SB55-SSA1-CA1,947,13 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB55-SSA1-CA1,947,16 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is also served upon you, states the nature and basis of the legal action.

SB55-SSA1-CA1,947,22 Within 45 (20) (45) days after ...., .... (year), 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.

SB55-SSA1-CA1,948,4 If you do not provide a proper answer within 45 (20) (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.

SB55-SSA1-CA1,948,5 Dated: ...., .... (year)

SB55-SSA1-CA1,948,6 Signed: .... ....

SB55-SSA1-CA1,948,7 A. B., Plaintiff

SB55-SSA1-CA1,948,8 or

SB55-SSA1-CA1,948,9 E. F., Plaintiff's Attorney

SB55-SSA1-CA1,948,10 State Bar No.: ....

SB55-SSA1-CA1,948,11 Address: ....

SB55-SSA1-CA1,948,12 City, State Zip Code: ....

SB55-SSA1-CA1,948,13 Phone No: ....

SB55-SSA1-CA1, s. 3828jm Section 3828jm. 801.095 (4) of the statutes is amended to read:

SB55-SSA1-CA1,948,15 801.095 (4) No personal service; complaint not served at the same time.

SB55-SSA1-CA1,948,16 STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

SB55-SSA1-CA1,948,18 A. B.

SB55-SSA1-CA1,948,19 Address

SB55-SSA1-CA1,948,20 City, State Zip Code File No. ....

SB55-SSA1-CA1,948,21 , Plaintiff

SB55-SSA1-CA1,948,22 vs. S U M M O N S

SB55-SSA1-CA1,948,23 C. D.

SB55-SSA1-CA1,948,24 Address .... (Case Classification Type): .... (Code No.)

SB55-SSA1-CA1,949,1 City, State Zip Code

SB55-SSA1-CA1,949,2 , Defendant

SB55-SSA1-CA1,949,4 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB55-SSA1-CA1,949,6 You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

SB55-SSA1-CA1,949,10 Within 45 (20) (45) days after ...., .... (year), 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.

SB55-SSA1-CA1,949,16 If you do not demand a copy of the complaint within 45 (20) (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.

SB55-SSA1-CA1,949,17 Dated: ...., .... (year)

SB55-SSA1-CA1,949,18 Signed: .... ....

SB55-SSA1-CA1,949,19 A. B., Plaintiff

SB55-SSA1-CA1,949,20 or

SB55-SSA1-CA1,949,21 E. F., Plaintiff's Attorney

SB55-SSA1-CA1,949,22 State Bar No.: ....

SB55-SSA1-CA1,949,23 Address: ....

SB55-SSA1-CA1,949,24 City, State Zip Code: ....

SB55-SSA1-CA1,950,1 Phone No: ....

SB55-SSA1-CA1, s. 3828jr Section 3828jr. 802.06 (1) of the statutes is amended to read:

SB55-SSA1-CA1,950,21 802.06 (1) When presented. Except as provided in sub. (1m) or when a court dismisses an action or special proceeding under s. 802.05 (3), a defendant shall serve an answer within 45 days after the service of the complaint upon the defendant. If Except as provided in sub. (1m), if a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 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 45 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 45 days after service of the answer. The state or an agency of the state or an officer, employee or agent of the state 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 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.

SB55-SSA1-CA1, s. 3828js Section 3828js. 802.06 (1m) of the statutes is created to read:

SB55-SSA1-CA1,951,2 802.06 (1m) Enforcement of lien or security interest. If the proceeding is to foreclose or otherwise enforce a lien or security interest, the defendant or guardian ad litem shall serve an answer within 20 days after the service of the complaint upon the defendant or 20 days after appointment of the guardian ad litem.

SB55-SSA1-CA1, s. 3828jt Section 3828jt. 802.06 (6) of the statutes is amended to read:

SB55-SSA1-CA1,951,10 802.06 (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 45 days after the service of the pleading upon the party, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, 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.

SB55-SSA1-CA1, s. 3828jv Section 3828jv. 802.09 (1) of the statutes is amended to read:

SB55-SSA1-CA1,951,21 802.09 (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 45 days after service of the amended pleading, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, unless (a) the court otherwise orders or (b) no responsive pleading is required or permitted under s. 802.01 (1).".

SB55-SSA1-CA1,951,22 1488. Page 1205, line 21: after that line insert:

SB55-SSA1-CA1,951,23 " Section 3828c. 801.02 (7) (a) 2. c. of the statutes is amended to read:

SB55-SSA1-CA1,952,4 801.02 (7) (a) 2. c. A person bringing an action seeking relief from a judgment of conviction or a sentence of a court, including an action for an extraordinary writ or a supervisory writ seeking relief from a judgment of conviction or a sentence of a court or an action under s. 809.30, 809.40, 973.19 or , 974.06 or 974.07.

SB55-SSA1-CA1, s. 3828f Section 3828f. 805.15 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,952,8 805.15 (3) (intro.) A Except as provided in ss. 974.07 (10) (b) and 980.101 (2) (b), a new trial shall be ordered on the grounds of newly-discovered evidence if the court finds that:

SB55-SSA1-CA1, s. 3828i Section 3828i. 805.16 (5) of the statutes is created to read:

SB55-SSA1-CA1,952,12 805.16 (5) The time limits in this section for filing motions do not apply to a motion for a new trial based on newly discovered evidence that is brought under s. 974.06.".

SB55-SSA1-CA1,952,13 1489. Page 1206, line 2: delete lines 2 to 4.

SB55-SSA1-CA1,952,14 1490. Page 1206, line 4: after that line insert:

SB55-SSA1-CA1,952,15 " Section 3829d. 808.075 (4) (h) of the statutes is amended to read:

SB55-SSA1-CA1,952,18 808.075 (4) (h) Commitment, supervised release, recommitment and, discharge, and postcommitment relief under ss. 980.06, 980.08, 980.09 and, 980.10, and 980.101 of a person found to be a sexually violent person under ch. 980.

SB55-SSA1-CA1, s. 3829n Section 3829n. 809.30 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,953,2 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under s. 973.19 or, 974.06, or 974.07 (2). In a ch. 48, 51, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means an appeal or a motion for reconsideration by the trial court of its final judgment or order; in such cases a notice of intent to pursue such relief or a motion for such relief need not be styled as seeking "postconviction" relief.

SB55-SSA1-CA1, s. 3829p Section 3829p. 809.30 (2) (L) of the statutes is amended to read:

SB55-SSA1-CA1,953,5 809.30 (2) (L) An appeal under s. 974.06 or 974.07 is governed by the procedures for civil appeals.".

SB55-SSA1-CA1,953,6 1491. Page 1206, line 5: delete lines 5 to 12.

SB55-SSA1-CA1,953,7 1492. Page 1208, line 13: after that line insert:

SB55-SSA1-CA1,953,8 " Section 3835g. 814.66 (1) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,953,15 814.66 (1) (a) 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property subject to administration, less encumbrances, liens or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.

SB55-SSA1-CA1, s. 3835h Section 3835h. 814.66 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,953,21 814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 880 or an application for conservatorship under ch. 880, if the value of the property, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property, less encumbrances, liens or charges.

SB55-SSA1-CA1, s. 3835i Section 3835i. 814.66 (3) of the statutes is amended to read:

SB55-SSA1-CA1,954,6 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the state treasurer on or before the 5th day of January, April, July and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 50% 66.67% of the fees to the state treasurer for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.".

SB55-SSA1-CA1,954,7 1493. Page 1208, line 14: delete lines 14 and 15 and substitute:

SB55-SSA1-CA1,954,8 " Section 3836dd. 814.67 (1) (am) of the statutes is created to read:

SB55-SSA1-CA1,954,9 814.67 (1) (am) For witnesses attending before a circuit court, $16 per day.

SB55-SSA1-CA1, s. 3836f Section 3836f. 814.67 (1) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,954,12 814.67 (1) (b) (intro.) For attending before any other court the court of appeals or the supreme court:

SB55-SSA1-CA1, s. 3836g Section 3836g. 814.67 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,954,15 814.67 (1) (b) 2. For interpreters, $35 per one-half day a fee determined by the supreme court.".

SB55-SSA1-CA1,954,16 1494. Page 1209, line 3: after that line insert:

SB55-SSA1-CA1,954,17 " Section 3836t. 818.05 of the statutes is amended to read:

SB55-SSA1-CA1,955,6 818.05 Bond, liability of plaintiff for support. Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff's debts and liabilities in property in this state not exempt from execution. The plaintiff shall be liable for support of the defendant while the defendant is in jail, as specified in s. 898.14 (1). This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.".

SB55-SSA1-CA1,955,8 1495. Page 1211, line 9: delete the material beginning with that line and ending with page 1214, line 15, and substitute:

SB55-SSA1-CA1,955,9 " Section 3852d. 885.37 (title) of the statutes is amended to read:

SB55-SSA1-CA1,955,12 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.

SB55-SSA1-CA1, s. 3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.

SB55-SSA1-CA1, s. 3852m Section 3852m. 885.37 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,956,3 885.37 (1) (b) If a municipal court has notice that a person who fits any of the criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.