LRB-5071/1
RPN:kmg:ch
1997 - 1998 LEGISLATURE
March 2, 1998 - Printed by direction of Assembly Chief Clerk.
SB287-engrossed,1,2
1An Act to renumber and amend 800.04 (2m); and
to create 800.04 (2m) (b) and
2(c) of the statutes;
relating to: default judgments in municipal court cases.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 1997 Senate Bill 287 consists of the bill and Senate
Amendment 1 to the bill adopted on February 12, 1998. The text also includes the
March 3, 1998, chief clerk's correction to Senate Amendment 1.
Content of Engrossed 1997 Senate Bill 287:
The bill, as amended by Senate Amendment 1, allows municipal courts, except
in 1st class cities, to enter a default judgment against a defendant if the defendant
has not appeared at the scheduled initial appearance and has not deposited the
appropriate money with the court to pay for the violation and if the municipality has
served the defendant by 1st class mail in an envelope that has a return address and
the envelope has not been returned to the municipality unopened.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB287-engrossed, s. 1
3Section
1. 800.04 (2m) of the statutes is renumbered 800.04 (2m) (a) and
4amended to read:
SB287-engrossed,2,8
1800.04
(2m) (a) If a defendant does not appear at the initial appearance, the
2court may issue a warrant to bring the defendant before the court. Upon proof of
3personal service of the summons or citation under s. 800.01 (1), or upon proof of
4service of the summons or citation under s. 801.11 (1) (b), the court may enter a
5default judgment by reason of the failure of a defendant to respond to a citation under
6s. 800.02 (2) (a) or a summons under s. 800.02 (4). If a warrant is issued for a
7defendant under this
subsection paragraph, the defendant may be detained in jail
8prior to the initial appearance.
SB287-engrossed,2,1210
800.04
(2m) (b) Notwithstanding par. (a), the court may enter a default
11judgment by reason of the failure of a defendant to respond to a citation under s.
12800.02 (2) (a) or a summons under s. 800.02 (4) if all of the following occur:
SB287-engrossed,2,1313
1. The defendant does not appear at the initial appearance.
SB287-engrossed,2,1514
2. The defendant has not made a plea of no contest and a deposit under s. 800.03
15(1).
SB287-engrossed,2,1616
3. Service was by 1st class mail to the defendant's last-known address.
SB287-engrossed,2,1817
4. The envelope enclosing the summons or citation includes the sender's return
18address.
SB287-engrossed,2,2019
5. The envelope enclosing the summons or citation is not returned unopened
20to the sender before the scheduled date of the court hearing.
SB287-engrossed,2,2221
(c) The provisions of 1997 Wisconsin Act .... (this act) would not apply to default
22judgments in municipal court cases in a city of the 1st class.
SB287-engrossed,3,2
1(1) This act first applies to ordinance violations committed on the effective date
2of this subsection.
