AB354: Bill Text

AB354, s. 223 Section 223. 767.45 (5) (b) of the statutes is amended to read:

AB354,82,16 767.45 (5) (b) An action under this section may be joined with any other action for child support and shall be governed by the procedures specified in s. 767.05 relating to child support, except that the title of the action shall be "In re the paternity of A.B." The petition shall state the name and date of birth of the child if born or that the mother is pregnant if the child is unborn, the name of any alleged father, whether or not an action by any of the parties to determine the paternity of the child or rebut the presumption of paternity to the child has at any time been commenced, or is pending before any judge or circuit court commissioner, in this state or elsewhere. If a paternity judgment has been rendered, or if a paternity action has been dismissed, the petition shall state the court which rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party's right to request a genetic test under s. 49.225 or 767.48.

AB354, s. 224 Section 224. 767.455 (5) (form) of the statutes is amended to read:

AB354,82,18 767.455 (5) (form)

AB354,82,19 STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY

AB354,82,21 In re the Paternity of A. B.

AB354,82,22 STATE OF WISCONSIN

AB354,82,23 and

AB354,82,24 C. D.

AB354,82,25 Address

AB354,83,1 City, State Zip Code File No. ...

AB354,83,2 , Petitioners

AB354,83,3 vs. S U M M O N S

AB354,83,4 E. F.

AB354,83,5 Address .... (Case Classification Type): .... (Code No.)

AB354,83,6 City, State Zip Code

AB354,83,7 , Respondent

AB354,83,9 THE STATE OF WISCONSIN, To the Respondent:

AB354,83,12 You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:

AB354,83,13 Date:

AB354,83,14 Time:

AB354,83,15 Room:

AB354,83,16 Judge or Family Circuit Court Commissioner:

AB354,83,17 Address:

AB354,84,2 If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.

AB354,84,3 Dated: ...., .... (year)

AB354,84,4 Signed:.... ....

AB354,84,5 G. H., Clerk of Circuit Court

AB354,84,6 or

AB354,84,7 Petitioner's Attorney

AB354,84,8 State Bar No.: ....

AB354,84,9 Address: ....

AB354,84,10 City, State Zip Code: ....

AB354,84,11 Phone No.: ....

AB354, s. 225 Section 225. 767.458 (1m) of the statutes is amended to read:

AB354,84,20 767.458 (1m) In an action to establish the paternity of a child who was born to a woman while she was married, where a man other than the woman's husband alleges that he, not the husband, is the child's father, a party may allege that a judicial determination that a man other than the husband is the father is not in the best interest of the child. If the court or a circuit or supplemental court commissioner under s. 757.69 (3) 757.675 (2) (g) determines that a judicial determination of whether a man other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB354, s. 226 Section 226. 767.46 (1) of the statutes is amended to read:

AB354,85,2 767.46 (1) A pretrial hearing shall be held before the court or a circuit or supplemental court commissioner under s. 757.69 (3) 757.675 (2) (g). A record or minutes of the proceeding shall be kept. At the pretrial hearing the parties may present and cross-examine witnesses, request genetic tests and present other evidence relevant to the determination of paternity.

AB354, s. 227 Section 227. 767.463 of the statutes is amended to read:

AB354,85,11 767.463 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.458 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or circuit or supplemental court commissioner under s. 757.69 (3) 757.675 (2) (g) may, with respect to a man, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or circuit or supplemental court commissioner determines that a judicial determination of whether the man is the father of the child is not in the best interest of the child.

AB354, s. 228 Section 228. 767.465 (2) (a) of the statutes is amended to read:

AB354,85,24 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged father and fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing or trial, the court shall enter an order adjudicating the respondent to be the father and appropriate orders for support, legal custody and physical placement. The orders shall be either served on the respondent or mailed by regular, registered or certified mail, to the last-known address of the respondent. The orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court or a circuit or supplemental court commissioner under s. 757.69 (3) (g) 757.675 (2) (g) evidence of good cause for failure to appear or failure to have undergone a court-ordered genetic test.

AB354, s. 229 Section 229. 767.62 (2) (b) of the statutes is amended to read:

AB354,86,5 767.62 (2) (b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court or family circuit court commissioner may not enter an order specified in sub. (4) with respect to the man who signed the statement as the father of the child unless the man is adjudicated the child's father using the procedures set forth in ss. 767.45 to 767.60.

AB354, s. 230 Section 230. 767.62 (3) (b) of the statutes is amended to read:

AB354,86,10 767.62 (3) (b) Except as provided in s. 767.045, in an action specified in par. (a) the court or family a circuit court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.

AB354, s. 231 Section 231. 767.62 (4) (intro.) of the statutes is amended to read:

AB354,86,15 767.62 (4) Orders when paternity acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family circuit court commissioner shall make an order that contains all of the following provisions:

AB354, s. 232 Section 232. 769.102 of the statutes is amended to read:

AB354,86,18 769.102 Tribunal of this state. The courts and circuit and supplemental court commissioners are the tribunal of this state.

AB354, s. 233 Section 233. 769.302 of the statutes is amended to read:

AB354,87,3 769.302 Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Notwithstanding s. 767.045 (1) or 803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a family circuit court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in s. 767.475 (1).

AB354, s. 234 Section 234. 782.01 (3) of the statutes is amended to read:

AB354,87,9 782.01 (3) In this chapter, unless the context requires otherwise, judge includes the supreme court, the court of appeals and circuit courts and each justice and judge thereof and circuit and supplemental court commissioners; and prisoner includes every person restrained of personal liberty; and imprisoned includes every such restraint, and respondent means the person on whom the writ is to be served.

AB354, s. 235 Section 235. 782.03 of the statutes is amended to read:

AB354,87,21 782.03 Petition for writ. Application for the writ shall be by petition, signed either by the prisoner or by some person in his or her behalf, and may be made to the supreme court, the court of appeals or the circuit court of the county, or to any justice or judge of the supreme court, court of appeals or circuit court or to any circuit or supplemental court commissioner, within the county where the prisoner is detained; or if there is no judge within the county, or for any cause he or she is incapable of acting, or has refused to grant the writ, then to some judge residing in an adjoining county; but every application, made by or on behalf of a person sentenced to the state prisons, must contain a copy of any motion made under s. 974.06 and shall indicate the disposition of the motion and the court in which the disposition was made. If no motion was made, the petition shall so state.

AB354, s. 236 Section 236. 782.28 of the statutes is amended to read:

AB354,88,2 782.28 Transfer from circuit court commissioner. If the writ is returnable before a circuit court commissioner, either party may make a request for transfer to the court in which the matter is filed. Upon receipt of such request the circuit court commissioner shall forthwith transmit all papers and records in the proceedings to the court.

AB354, s. 237 Section 237. 799.03 of the statutes is amended to read:

AB354,88,5 799.03 Definition. In this chapter unless otherwise designated, "court" means circuit court and "court" does not mean circuit court commissioner.

AB354, s. 238 Section 238. 799.05 (7) (intro.) of the statutes is amended to read:

AB354,88,11 799.05 (7) Form; circuit court commissioner. (intro.) Except as provided in s. 799.22 (4) (b) 3., in counties establishing at least one part-time or full-time court commissioner position under s. 757.68 (1) (b) in which a circuit court commissioner is assigned to assist in small claims matters, the summons shall be substantially in the following form:

AB354, s. 239 Section 239. 799.06 (1) of the statutes is amended to read:

AB354,88,15 799.06 (1) Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or circuit court commissioner may require written pleadings in a particular case.

AB354, s. 240 Section 240. 799.11 (3) of the statutes is amended to read:

AB354,88,23 799.11 (3) When, in any action under this chapter, it appears from the return of service of the summons or otherwise that the county in which the action is pending is not a proper place of trial and that another county would be a proper place of trial, the court or circuit court commissioner shall, on motion of a party or its own motion, transfer the action to that county unless the defendant appears and waives the improper venue. The clerk of the court to which the action is transferred shall issue a new notice of return date upon payment of the fee required by s. 814.61 (2) (a).

AB354, s. 241 Section 241. 799.20 (4) of the statutes is amended to read:

AB354,89,8 799.20 (4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or circuit court commissioner that the defendant claims a defense to the action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

AB354, s. 242 Section 242. 799.206 (1), (2) and (4) of the statutes are amended to read:

AB354,89,15 799.206 (1) In counties establishing at least one part-time or full-time a circuit court commissioner position under s. 757.68 (1) (b) (5m), all actions and proceedings commenced under this chapter shall be returnable before a circuit court commissioner appointed under s. 757.68 (1) and SCR chapter 75. In any other county, a circuit court commissioner may conduct return date proceedings if delegated such authority under s. 757.69 (1) (d).

AB354,89,17 (2) Judgment on failure to appear may be entered by the circuit court commissioner or the clerk upon the return date as provided in s. 799.22.

AB354,89,19 (4) Except as provided in sub. (3), the circuit court commissioner shall hear all matters using the procedures set forth in s. 799.207.

AB354, s. 243 Section 243. 799.207 (title) of the statutes is amended to read:

AB354,89,21 799.207 (title) Proceedings before circuit court commissioner.

AB354, s. 244 Section 244. 799.207 (1) (a) of the statutes is amended to read:

AB354,89,25 799.207 (1) (a) Any circuit court commissioner assigned to assist in the administration of small claims matters may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues.

AB354, s. 245 Section 245. 799.207 (1) (b) of the statutes is amended to read:

AB354,90,6 799.207 (1) (b) Except as provided in par. (e), a decision shall be rendered by the circuit court commissioner on the return date if there is time available for a hearing, the parties do not intend to call witnesses, and the parties agree to such a hearing. If for any of the reasons stated in this paragraph, the matter cannot be heard on the return date, an adjourned date shall be set.

AB354, s. 246 Section 246. 799.207 (1) (e) of the statutes is amended to read:

AB354,90,10 799.207 (1) (e) If the circuit court commissioner cannot reach a decision on the return or adjourned date, the commissioner shall mail the decision to each party within 30 days of the date of the hearing.

AB354, s. 247 Section 247. 799.207 (2) (intro.) of the statutes is amended to read:

AB354,90,14 799.207 (2) (intro.) The circuit court commissioner's decision shall become a judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except that:

AB354, s. 248 Section 248. 799.207 (3) (b) of the statutes is amended to read:

AB354,90,18 799.207 (3) (b) The circuit court commissioner shall give each of the parties a form and instructions which shall be used for giving notice of an election to have the matter heard by the court.

AB354, s. 249 Section 249. 799.209 (1) to (4) of the statutes are amended to read:

AB354,90,23 799.209 (1) The court or circuit court commissioner shall conduct the proceeding informally, allowing each party to present arguments and proofs and to examine witnesses to the extent reasonably required for full and true disclosure of the facts.

AB354,91,5 (2) The proceedings shall not be governed by the common law or statutory rules of evidence except those relating to privileges under ch. 905 or to admissibility under s. 901.05. The court or circuit court commissioner shall admit all other evidence having reasonable probative value, but may exclude irrelevant or repetitious evidence or arguments. An essential finding of fact may not be based solely on a declarant's oral hearsay statement unless it would be admissible under the rules of evidence.