AB657: Bill Text

AB657, s. 9 Section 9. 801.09 (2) (b) of the statutes is amended to read:

AB657,5,23 801.09 (2) (b) Within 45 40 days after a date stated in the summons, exclusive of such date, if no such personal or substituted personal service has been made, and service is made by publication. The date so stated in the summons shall be the date of the first required publication.

AB657, s. 10 Section 10. 801.09 (2) (d) of the statutes is created to read:

AB657,6,2 801.09 (2) (d) Within 45 days if a party to the action is an insurance company, or if any cause of action raised in the complaint is founded in tort.

AB657, s. 11 Section 11. 801.095 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,6,5 801.095 (3) No personal service; complaint served at the same time.

AB657,6,6 STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

AB657,6,8 A. B.

AB657,6,9 Address

AB657,6,10 City, State Zip Code File No. ....

AB657,6,11 , Plaintiff

AB657,6,12 vs. S U M M O N S

AB657,6,13 C. D.

AB657,6,14 Address .... (Case Classification Type): .... (Code No.)

AB657,6,15 City, State Zip Code

AB657,6,16 , Defendant

AB657,6,18 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB657,6,21 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.

AB657,7,2 Within (20) (45) 40 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.

AB657,7,8 If you do not provide a proper answer within (20) (45) 40 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.

AB657,7,9 Dated: ...., .... (year)

AB657,7,10 Signed: .... ....

AB657,7,11 A. B., Plaintiff

AB657,7,12 or

AB657,7,13 E. F., Plaintiff's Attorney

AB657,7,14 State Bar No.: ....

AB657,7,15 Address: ....

AB657,7,16 City, State Zip Code: ....

AB657,7,17 Phone No: ....

AB657, s. 12 Section 12. 801.095 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,7,20 801.095 (4) No personal service; complaint not served at the same time.

AB657,8,1 STATE OF WISCONSIN CIRCUIT COURT : .... COUNTY

AB657,8,3 A. B.

AB657,8,4 Address

AB657,8,5 City, State Zip Code File No. ....

AB657,8,6 , Plaintiff

AB657,8,7 vs. S U M M O N S

AB657,8,8 C. D.

AB657,8,9 Address .... (Case Classification Type): .... (Code No.)

AB657,8,10 City, State Zip Code

AB657,8,11 , Defendant

AB657,8,13 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB657,8,15 You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

AB657,8,19 Within (20) (45) 40 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.

AB657,8,25 If you do not demand a copy of the complaint within (20) (45) 40 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.

AB657,9,1 Dated: ...., .... (year)

AB657,9,2 Signed: .... ....

AB657,9,3 A. B., Plaintiff

AB657,9,4 or

AB657,9,5 E. F., Plaintiff's Attorney

AB657,9,6 State Bar No.: ....

AB657,9,7 Address: ....

AB657,9,8 City, State Zip Code: ....

AB657,9,9 Phone No: ....

AB657, s. 13 Section 13. 802.06 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,9,25 802.06 (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 20 days after the service of the complaint upon the defendant. Except as provided in sub. (1m), if If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 45 20 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 20 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 45 20 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 20 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. If a party to the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, the periods of time to serve a reply or answer shall be 45 days. 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.

AB657, s. 14 Section 14. 802.06 (1m) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB657, s. 15 Section 15. 802.06 (6) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,10,22 802.06 (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 20 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. If a party to the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, the 20-day time period under this subsection is increased to 45 days.

AB657, s. 16 Section 16. 802.09 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB657,11,12 802.09 (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 20 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): a) the court otherwise orders or (b); or b) no responsive pleading is required or permitted under s. 802.01 (1). If a party to the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim, or counterclaim is founded in tort, the 20-day time period under this subsection is increased to 45 days.

AB657, s. 17 Section 17. Initial applicability.

AB657,11,15 (1) This act first applies to actions commenced on the effective date of this subsection.

AB657, s. 18 Section 18. Effective date.

AB657,11,18 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB657,11,19 (End)