SB55-SSA1-CA1,948,2020
City, State Zip Code File No. ....
SB55-SSA1-CA1,948,2222
vs. S U M M O N S
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Address .... (Case Classification Type): .... (Code No.)
SB55-SSA1-CA1,949,1
1City, State Zip Code
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THE STATE OF WISCONSIN, To each person named above as a Defendant:
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You are hereby notified that the plaintiff named above has filed a lawsuit or
6other legal action against you.
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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.
SB55-SSA1-CA1,949,1611
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.
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Dated: ...., .... (year)
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Signed: .... ....
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E. F., Plaintiff's Attorney
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State Bar No.: ....
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City, State Zip Code: ....
SB55-SSA1-CA1,950,213
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.
SB55-SSA1-CA1,951,223
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.
SB55-SSA1-CA1,951,104
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.
SB55-SSA1-CA1,951,2112
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).".
SB55-SSA1-CA1,952,4
1801.02
(7) (a) 2. c. A person bringing an action seeking relief from a judgment
2of conviction or a sentence of a court, including an action for an extraordinary writ
3or a supervisory writ seeking relief from a judgment of conviction or a sentence of a
4court or an action under s. 809.30, 809.40, 973.19
or
, 974.06
or 974.07.
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805.15
(3) (intro.)
A Except as provided in ss. 974.07 (10) (b) and 980.101 (2)
7(b), a new trial shall be ordered on the grounds of newly-discovered evidence if the
8court finds that:
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805.16
(5) The time limits in this section for filing motions do not apply to a
11motion for a new trial based on newly discovered evidence that is brought under s.
12974.06.".
SB55-SSA1-CA1,952,1816
808.075
(4) (h) Commitment, supervised release, recommitment
and, 17discharge
, and postcommitment relief under ss. 980.06, 980.08, 980.09
and, 980.10
,
18and 980.101 of a person found to be a sexually violent person under ch. 980.
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809.30
(1) (a) "Postconviction relief" means, in a felony or misdemeanor case,
21an appeal or a motion for postconviction relief other than a motion under s. 973.19
22or, 974.06
, or 974.07 (2). In a ch. 48, 51, 55 or 938 case, other than a termination of
23parental rights case under s. 48.43, it means an appeal or a motion for
24reconsideration by the trial court of its final judgment or order; in such cases a notice
1of intent to pursue such relief or a motion for such relief need not be styled as seeking
2"postconviction" relief.
SB55-SSA1-CA1,953,54
809.30
(2) (L) An appeal under s. 974.06
or 974.07 is governed by the
5procedures for civil appeals.".
SB55-SSA1-CA1,953,159
814.66
(1) (a) 2. For filing a petition whereby any proceeding in estates of
10deceased persons is commenced, if the value of the property subject to
11administration, less encumbrances, liens or charges, is $10,000 or less, a fee of
$10 12$20 and, if more than $10,000, a fee of
0.1% 0.2% of the value of the property subject
13to administration, less encumbrances, liens or charges. The register in probate may
14not base a fee under this subdivision upon the value of property that is not subject
15to administration.
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814.66
(1) (b) 2. For filing a petition for guardianship of the estate under ch.
18880 or an application for conservatorship under ch. 880, if the value of the property,
19less encumbrances, liens or charges, is $10,000 or less, a fee of
$10 $20 and, if more
20than $10,000, a fee of
0.1% 0.2% of the value of the property, less encumbrances, liens
21or charges.
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814.66
(3) The register in probate shall, on the first Monday of each month, pay
24into the office of the county treasurer all fees collected by him or her and in his or her
1hands and still unclaimed as of that day. Each county treasurer shall make a report
2under oath to the state treasurer on or before the 5th day of January, April, July and
3October of all fees received by him or her under sub. (1) (a) to (f) up to the first day
4of each of those months and shall at the same time pay
50% 66.67% of the fees to the
5state treasurer for deposit in the general fund. Each county treasurer shall retain
6the balance of fees received by him or her under this section for the use of the county.".
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814.67
(1) (am) For witnesses attending before a circuit court, $16 per day.
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814.67
(1) (b) (intro.) For attending before
any other court the court of appeals
12or the supreme court:
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814.67
(1) (b) 2. For interpreters,
$35 per one-half day a fee determined by the
15supreme court.".
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18818.05 Bond, liability of plaintiff for support. Before making the order for
19arrest the court or judge shall require a bond of the plaintiff, with or without sureties,
20to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may
21be awarded to the defendant and all damages which the defendant may sustain by
22reason of the arrest, not exceeding the sum specified in the bond, which shall be at
23least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall
24annex thereto an affidavit that the plaintiff is a resident and householder or
1freeholder within the state and worth double the sum specified in the bond above all
2of the plaintiff's debts and liabilities in property in this state not exempt from
3execution.
The plaintiff shall be liable for support of the defendant while the
4defendant is in jail, as specified in s. 898.14 (1). This section does not apply to an
5order for arrest in an action to determine paternity or to any action under ch. 767
6brought by the state or its designee.".
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10885.37 (title)
Interpreters for persons with language difficulties or
11hearing or speaking impairments in municipal courts and administrative
12agency contested cases.
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885.37
(1) (b) If a
municipal court has notice that a person who
fits any of the
16criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness
17in a proceeding under ch. 938, has a language difficulty because of the inability to
18speak or understand English, has a hearing impairment, is unable to speak or has
19a speech defect, the court shall make a factual determination of whether the
20language difficulty or the hearing or speaking impairment is sufficient to prevent the
21individual from communicating with his or her attorney, reasonably understanding
22the English testimony or reasonably being understood in English. If the court
23determines that an interpreter is necessary, the court shall advise the person that
24he or she has a right to a qualified interpreter and that, if the person cannot afford
1one, an interpreter will be provided for him or her at the public's expense. Any waiver
2of the right to an interpreter is effective only if made voluntarily in person, in open
3court and on the record.
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885.37
(2) A
municipal court may authorize the use of an interpreter in actions
6or proceedings in addition to those specified in sub. (1)
(b).
SB55-SSA1-CA1,956,98
885.37
(4) (a) The necessary expense of furnishing an interpreter for an
9indigent person in a municipal court shall be paid by the municipality.
SB55-SSA1-CA1,956,1311
885.37
(5) (a) If a
municipal court under sub. (1)
(b) or (2) or an agency under
12sub. (3) decides to appoint an interpreter, the court or agency shall follow the
13applicable procedure under par. (b) or (c).
SB55-SSA1-CA1,956,15
15885.38 Interpreters in circuit and appellate courts. (1) In this section:
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(a) "Court proceeding" means any proceeding before a court of record.
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(b) "Limited English proficiency" means any of the following:
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1. The inability, because of the use of a language other than English, to
19adequately understand or communicate effectively in English in a court proceeding.
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2. The inability, due to a speech impairment, hearing loss, deafness,
21deaf-blindness, or other disability, to adequately hear, understand, or communicate
22effectively in English in a court proceeding.
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(c) "Qualified interpreter" means a person who is able to do all of the following:
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1. Readily communicate with a person who has limited English proficiency.
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12. Orally transfer the meaning of statements to and from English and the
2language spoken by a person who has limited English proficiency in the context of
3a court proceeding.
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3. Readily and accurately interpret for a person who has limited English
5proficiency, without omissions or additions, in a manner that conserves the meaning,
6tone, and style of the original statement, including dialect, slang, and specialized
7vocabulary.
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8(2) The supreme court shall establish the procedures and policies for the
9recruitment, training, and certification of persons to act as qualified interpreters in
10a court proceeding and for the coordination, discipline, retention, and training of
11those interpreters.
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12(3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938,
13if the court determines that the person has limited English proficiency and that an
14interpreter is necessary, the court shall advise the person that he or she has the right
15to a qualified interpreter and that, if the person cannot afford one, an interpreter will
16be provided at the public's expense if the person is one of the following:
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1. A party in interest.
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2. A witness, while testifying in a court proceeding.
