Note: Replaces parentheses and "such" for improved readability and conformity
with current style.
AB925, s. 153
6Section
153. 815.05 (intro.) of the statutes is renumbered 815.05 (1g) (a)
7(intro.) and amended to read:
AB925,69,148
815.05
(1g) (a) (intro.) The execution shall be issued from and sealed with the
9seal of the court and signed by the clerk of circuit court where the judgment,
or a
10certified copy of the judgment, or the transcript of the municipal judge's judgment
11is filed. The execution shall be directed to the sheriff, or,
except as provided for in
12par. (b), the coroner if the sheriff is a party or interested, and countersigned by the
13judgment owner or
his or her the owner's attorney. The execution shall intelligibly
14refer to the judgment, stating
all of the
following:
AB925,69,15
151. The court
, the.
AB925,69,17
162. The county where the judgment or a certified copy of the judgment or the
17transcript is filed
, the.
AB925,69,18
183. The names of the parties
, the.
AB925,69,19
194. The amount of the judgment, if it is for money
, the.
AB925,69,20
205. The amount due on the judgment
, and the.
AB925,69,22
216. The time of entry in the judgment and lien docket in the county to which the
22execution is issued.
The execution shall require the officer, substantially as follows:
Note: Subdivides provision in outline form consistent with current style. The
directive to officers is deleted from this provision as it does not apply grammatically to
all of subs. (1) to (8) and is inserted into each of those provisions to which it does apply.
The deletion of the directive to officers renders this provision not an (intro.) and requires
its renumbering to be a subsection. Section 815.13 allows directing an execution against
a sheriff to persons other than the coroner. That section is renumbered to be sub. (1g) (b)
of this section for more logical location. See the next 3 sections of this bill.
AB925, s. 154
1Section
154. 815.05 (1) of the statutes is renumbered 815.05 (1s) and amended
2to read:
AB925,70,83
815.05
(1s) If
it be the execution is against the property of the judgment debtor,
4the execution shall require the officer to whom it is directed to satisfy the judgment
5out of the personal property of the debtor, and if sufficient personal property cannot
6be found, out of the real property belonging to the judgment debtor on the day when
7the judgment was entered in the judgment and lien docket in the county or at any
8time thereafter.
Note: The renumbering of s. 815.05 (intro.) by the previous section of this bill
requires the renumbering of this provision to maintain its proper location within the
section. A specific reference is inserted and the directive previously contained in s. 815.05
(intro.) is inserted for improved readability and conformity with current style. See also
the previous section of this bill.
AB925, s. 155
9Section
155. 815.05 (2) to (8) of the statutes are amended to read:
AB925,70,1310
815.05
(2) If real estate
shall have
has been attached and judgment rendered
11for the plaintiff, the execution may also direct a sale of the interest
which that the
12defendant had in
such the attached real estate at the time it was attached or at any
13time thereafter.
AB925,70,17
14(3) If
the execution is upon a judgment to enforce a lien upon specific property,
15the execution shall require the officer to whom it is directed to sell the interest
which 16that the defendant had in
such that specific property at the time
such that the lien
17attached.
AB925,71,2
18(4) If
it be the execution is against property in the hands of personal
19representatives, heirs, devisees, legatees, tenants of real property or trustees,
the
1execution shall require the officer to whom it is directed to satisfy the judgment out
2of
such that property.
AB925,71,6
3(5) If
it be the execution is against the person of the judgment debtor,
the
4execution shall require the officer to whom it is directed to arrest the judgment
5debtor and commit the judgment debtor to the county jail until the judgment debtor
6shall pay pays the judgment or
be is discharged according to law.
AB925,71,16
7(6) If
it the execution is for the delivery of property,
the execution shall require
8the officer to whom it is directed to deliver the possession of the property, particularly
9describing the property, to the party entitled to the property, and may require the
10officer to satisfy any costs, damages or rents and profits covered by the judgment out
11of the personal property of the party against whom the judgment was rendered, and
12shall specify the value of the property for which the judgment was recovered. If
13delivery of the property is not possible and if sufficient personal property cannot be
14found, the officer may satisfy the judgment out of the real property belonging to the
15person against whom the execution was rendered on the day when the judgment was
16entered in the judgment and lien docket or at any time thereafter.
When
AB925,71,20
17(6m) If a judgment in replevin is entered against the principal and also against
18the principal's sureties under s. 810.15, the execution shall direct that the property
19of the surety shall not be levied on unless the property found, belonging to the
20principal, is not sufficient to satisfy the judgment.
AB925,72,2
21(7) When If the judgment is not all due
, the execution may issue for the
22collection of
such any instalments
as that have become due, and shall direct the
23sheriff to collect the amount then due, with interest and costs, stating the amount
24of each
; the. The judgment shall remain as security for the instalments thereafter
1to become due
, and whenever any further instalments
shall become due
, execution
2may in like manner be issued for their collection.
AB925,72,6
3(8) Except as provided in s. 807.01 (4), every execution upon a judgment for the
4recovery of money shall direct the collection of interest at the rate of 12% per year
5on the amount recovered from the date of the entry
thereof of the judgment until
it
6is paid.
Note: Specific references are inserted and the directive previously contained in s.
815.05 (intro.) is inserted where appropriate for improved readability and conformity
with current style. Subsection (6m) is separated from sub. (6) because it relates to a
separate subject. See also the previous 2 sections of this bill.
AB925, s. 156
7Section
156. 815.13 (title) of the statutes is repealed.
AB925, s. 157
8Section
157. 815.13 of the statutes is renumbered 815.05 (1g) (b) and amended
9to read:
AB925,72,1510
815.05
(1g) (b) Whenever a judgment
shall be is recovered in any court of record
11against the sheriff
instead of directing, the execution thereon
to the coroner of the
12county it may be directed and delivered to any person
(
, except a party in interest
), 13designated by order of the court
; and such person
who shall perform the duties of a
14sheriff and be liable in all respects to all the provisions of law respecting sheriffs
, as
15far as the same may be to the extent that those laws are applicable.
Note: Section 815.05 provides that executions "shall be directed to the sheriff, or
the "coroner if the sheriff is a party or interested". This bill amends that provision to read
that executions shall be directed to the sheriff, or, except as provided for in par. (b), [this
provision as renumbered] the coroner if the sheriff is a party or interested", eliminating
the need for the reference to the coroner in this section. Section 815.13 is moved to s.
815.05 to be placed with the related material in that section. Parentheses are replaced
consistent with current style and more specific language is added.
AB925, s. 158
16Section
158. 840.01 of the statutes is renumbered 840.01 (intro.) amended to
17read:
AB925,72,19
18840.01 Definition of interest in real property. (intro.) As used in chs. 840
19to 846
"interest:
AB925,73,8
1(1) Except as provided in sub. (2), "interest in real property" includes estates
2in, powers
(as provided in ch. 702) under ch. 702 over,
and all present and future
3rights to, title to,
or and interests in real property, including, without limitation by
4enumeration, security interests and liens on land, easements, profits, rights of
5appointees under powers, rights under covenants running with the land, powers of
6termination and homestead rights
; the. The interest may be
such as an interest that 7was formerly designated legal or equitable
; the. The interest may be surface,
8subsurface, suprasurface, riparian or littoral
; but "interest.
AB925,73,10
9(2) "Interest in real property" does not include interests held only as a member
10of the public nor does it include licenses.
Note: Reorders text to eliminate need for parentheses and replaces language,
subdivides long sentence and inserts the full defined term in the second quote for internal
consistency, improved readability and conformity with current style.
AB925, s. 159
11Section
159. 863.07 of the statutes is amended to read:
AB925,74,2
12863.07 Assignment by distributee. If any person interested in an estate
13assigns all or part of his or her interest
therein (
in the estate, other than an interest
14not assignable by the specific language of the will
), as collateral or otherwise and the
15assignee serves a copy
thereof of the assignment on the personal representative of
16the estate and files a copy with the court in which the estate is being administered
17before the entry of the final judgment and before the property or interest covered by
18the assignment has been distributed under s. 863.01, the court shall assign to the
19assignee in the final judgment the interest or part of the interest of the assignor
20included within the assignment to the extent that the assignment is valid as
21determined by the court, after giving effect to any credits to which the assignor may
22prove himself or herself entitled. A personal representative incurs no liability to an
23assignee of a person interested for any acts performed or distribution made by the
1personal representative prior to the time a copy of the assignment is received by the
2personal representative or he or she has actual knowledge of the assignment.
Note: Inserts specific references and replaces parentheses for improved
readability and conformity with current style.
AB925, s. 160
3Section
160. 867.04 of the statutes is amended to read:
AB925,74,18
4867.04 Termination of joint tenancy and life estate. If a domiciliary of this
5state dies who immediately prior to death had an estate for life or an interest as a
6joint tenant in any property, or if a person not domiciled in this state dies having such
7an interest in property in this state, upon petition of any person interested in the
8property to the court of the county of domicile of the decedent
(, or if the decedent was
9not domiciled in this state, of any county where the property is situated
), the court
10shall issue a certificate, under the seal of the court. The certificate shall set forth the
11fact of the death of the life or joint tenant, the termination of the life estate or joint
12tenancy interest, the right of survivorship of any joint tenant and any other facts
13essential to a determination of the rights of persons interested. The certificate is
14prima facie evidence of the facts recited, and if the certificate relates to an interest
15in real property or to a debt
which that is secured by an interest in real property, a
16certified copy or duplicate original of the certificate shall be recorded by the
17petitioner in the office of the register of deeds in each county in this state in which
18the real property is located.
Note: Replaces parentheses and improperly used "which" in conformity with
current style.
AB925, s. 161
19Section
161. 880.06 (2) of the statutes is amended to read:
AB925,75,820
880.06
(2) Change of residence of ward or guardian. If a guardian removes
21from the county where appointed to another county within the state or a ward
22removes from the county in which he or she has resided to another county within the
1state, the circuit court for the county in which the ward resides may appoint a new
2guardian as provided by law for the appointment of a guardian. Upon verified
3petition of the new guardian, accompanied by a certified copy of appointment and
4bond if the appointment is in another county, and upon the notice prescribed by s.
5879.05 to the originally appointed guardian
(, unless he or she is the same person
),
6and to
such any other persons
as that the court shall order, the court of original
7appointment may order the guardianship accounts settled and the property
8delivered to the new guardian.
Note: Replaces parentheses and disfavored terms consistent with current style.
AB925, s. 162
9Section
162. 880.08 (3) (intro.) and (a) to (d) of the statutes are renumbered
10880.08 (3) (am) (intro.) and 1. to 4. and amended to read:
AB925,75,1211
880.08
(3) (am) (intro.) When the proposed ward is a minor, notice shall be given
12as provided in s. 879.05 to
all of the following persons
, if applicable:
AB925,75,1313
1.
To the The proposed ward's spouse
;.
AB925,75,1414
2.
To The proposed ward's parents
;.
AB925,75,1615
3.
To a A minor
proposed ward over 14 years of age unless the minor appears
16at the hearing
;.
AB925,75,1817
4.
To any Any other person, agency, institution, welfare department or other
18entity having the legal or actual custody of the minor.
Note: The subject matter of section 880.08 (3) (e) does not fit within the list under
s. 880.08 (3) (intro.), nor does par. (e) fit grammatically within that list. The renumbering
by this section separates par. (e) from the list.
AB925, s. 163
19Section
163. 880.08 (3) (e) of the statutes is amended to read:
AB925,75,2120
880.08
(3) (e) No notice
under par. (am) need be given to parents whose rights
21have been judicially terminated.
Note: Inserts a specific cross-reference. See the previous section of this bill. The
underscored language is inserted for clarity and conformity with current style.
AB925, s. 164
1Section
164. 880.26 (1) and (2) of the statutes are amended to read:
AB925,76,32
880.26
(1) Guardianship of the person. A guardianship of the person shall
3terminate
when any of the following occurs:
AB925,76,54
(a)
When a A minor ward attains his or her majority, unless the minor is
5incompetent.
AB925,76,66
(b)
When a A minor ward lawfully marries.
AB925,76,77
(c)
When the The court adjudicates a former incompetent to be competent.
AB925,76,9
8(2) Guardianship of the estate. A guardianship of the estate shall terminate
9when any of the following occurs:
AB925,76,1010
(a)
When a A minor ward attains his or her majority.
AB925,76,1211
(b)
When a A minor ward lawfully marries and the court approves
such the 12termination.
AB925,76,1413
(c)
When the The court adjudicates a former incompetent or a spendthrift to
14be capable of handling his or her property.
AB925,76,1615
(d)
When a A ward dies
(unless, except when the estate can be settled as
16provided by s. 880.28
).
Note: Replaces parentheses and amends the (intro.) subsections and the
subsequent paragraphs in conformity with current style.
AB925, s. 165
17Section
165. 880.60 (2) of the statutes is amended to read:
AB925,77,218
880.60
(2) Administrator as party in interest. (a) The administrator shall be
19a party in interest in any proceeding for the appointment or removal of a guardian
20or for the removal of the disability of minority or mental incapacity of a ward, and
21in any suit or other proceeding affecting in any manner the administration by the
22guardian of the estate of any present or former ward whose estate includes assets
1derived in whole or in part from benefits heretofore or hereafter paid by the U.S.
2department of veterans affairs.
AB925,77,7
3(b) Not less than 15 days prior to a hearing in
such matter a suit or proceeding
4described in par. (a), notice in writing of the time and place
thereof of the hearing 5shall be given by mail
(, unless
notice is waived in writing
), to the office of the U.S.
6department of veterans affairs having jurisdiction over the area in which
any such 7the suit or
any such proceeding is pending.
Note: Replaces parentheses, subdivides provision and inserts specific references
for improved readability and conformity with current style.
AB925, s. 166
8Section
166. 885.44 (12) of the statutes is renumbered 885.44 (12) (a) (intro.)
9and amended to read:
AB925,77,1210
885.44
(12) (a) (intro.) The original videotape shall not be affected by any
11editing process. In its order for editing the court may
: (a) order do any of the
12following:
AB925,77,15
131. Order the official to keep the original videotape intact and make an edited
14copy of the videotape
which that deletes all references to objections and objectionable
15material
; (b) order.
AB925,77,17
162. Order the person showing the original videotape at trial to suppress the
17objectionable audio portions of the videotape
; or (c) order.
AB925,77,19
183. Order the person showing the original videotape at trial to suppress the
19objectionable audio and video portions of the videotape.
AB925,77,22
20(b) If the court
uses alternative (b) enters an order under par. (a) 2., it shall, in
21jury trials, instruct the jury to disregard the video portions of the presentation when
22the audio portion is suppressed.
AB925,78,3
1(c) If the court
uses alternative (c) enters an order under par. (a) 3., it shall, in
2jury trials, instruct the jury to disregard any deletions apparent in the playing of the
3videotape.
Note: Subdivides provision in outline form and amends the (intro.) paragraph and
the subsequent subdivisions for improved readability and conformity with current style.
AB925, s. 167
4Section
167. 891.23 of the statutes is renumbered 891.23 (1) and amended to
5read:
AB925,78,156
891.23
(1) Copies of the entries in the books of any life or mutual benefit
7insurance corporation or association engaged in doing business on the level premium
8or assessment plan, together with statements verified by the custodian of the books,
9showing the number of members insured in or belonging to the corporation or
10association, and the number of members in each class or grade thereof, and the
11aggregate amount
which that would be due from them upon a single assessment, and
12that the copies are true and are taken from the regular books of the corporation or
13association used and kept for the transaction of its business, and that the books are
14now in his or her custody or under his or her control, shall be received in all
15proceedings as prima facie evidence of the entries or statements.
AB925,79,2
16(2) No officer of any
such corporation or association
described in sub. (1) may
17be compelled
(unless by special order of the court or officer before whom the action
18or proceeding is pending) to produce any books or records
thereof of the corporation
19or association, except by special order of the court or officer before whom the action
20or proceeding is pending. Verified copies and statements shall be furnished to the
21attorney who reasonably requires them, at least 6 days before the time set for the
22trial or hearing of the action or proceeding, and the books and records shall be subject
1to the inspection of any interested party or his or her attorney to the extent
2prescribed by the court or officer.
Note: Subdivides long paragraph, inserts specific reference and cross-reference
and relocates text to accommodate the removal of parentheses for improved readability
and conformity with current style. Replaces "which" with "that" to correct grammar.
AB925, s. 168
3Section
168. 893.17 (2) of the statutes is renumbered 893.17 (2) (intro.) and
4amended to read:
AB925,79,115
893.17
(2) (intro.)
If Except as provided in sub. (2m), if a person entitled to
6commence any action for the recovery of real property or to make an entry or defense
7founded on the title to real property or to rents or services out of the
same real
8property is, at the time
such the title shall first descend or accrue,
either: within 9under any of the following disabilities, the time during which the disability continues
10is not a part of the time limited by this chapter for the commencement of the action
11or the making of the entry or defense:
AB925,79,12
12(a) The person is under the age of 18 years
; or.
AB925,79,13
13(b) The person is insane
; or.
AB925,79,18
14(c) The person is imprisoned on a criminal charge or in execution upon
15conviction of a criminal offense, for a term less than for life
, the time during which
16such disability shall continue shall not be deemed any portion of the time in this
17chapter limited for the commencement of such action or the making of such entry or
18defense; but such.
AB925,79,23
19(2m) An action
under sub. (2) may be commenced or entry or defense made,
20after the time limited and within 5 years after the disability
shall cease ceases or
21after the death of the person entitled
, who shall die dies, if the person dies while 22under
such the disability
;, but
such the action shall not be commenced or entry or
23defense made after that period.
Note: Subdivides provision in outline form and amends the (intro.) paragraph and
the subsequent paragraphs for improved readability and conformity with current style
and s. 893.18 (2), a similar and related provision.
AB925, s. 169
1Section
169. 893.18 (2) (intro.) of the statutes is amended to read:
AB925,80,82
893.18
(2) (intro.)
If a person entitled to bring an action mentioned in this
3chapter, Except as provided in sub. (2m), and except
in actions for the recovery of a
4penalty or forfeiture
or, actions against a sheriff or other officer for an escape, or
5actions for the recovery
or possession of real property
or the possession thereof is,,
6if a person entitled to bring an action mentioned in this chapter was at the time the
7cause of action accrued
, either under any of the following disabilities, the time of the
8disability is not a part of the time limited for the commencement of the action:
Note: Moves text from s. 893.18 (2) (c) and amends provision in order to conform
the style of this (intro.) subsection and the numbering of the subsection to current style.
Changes "is" to "was" for internal agreement, using the past tense as this section applies
only to actions accruing prior to 7-1-80. See the next section of this bill.
AB925, s. 170
9Section
170. 893.18 (2) (a) to (c) of the statutes are amended to read: