SB301: Bill Text

SB301, s. 198 Section 198. 705.20 (4) of the statutes, as created by 2005 Wisconsin Act 216, is renumbered 705.10 (4).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 206 renumbered s. 705.20 to s. 705.10.

SB301, s. 199 Section 199. 752.03 (3) of the statutes is repealed.

Note: Repeals obsolete transition provision.

SB301, s. 200 Section 200. 752.03 (4) of the statutes is renumbered 752.03 and amended to read:

SB301,74,9 752.03 Number of judges. Beginning on August 1, 1994, there There shall be 16 court of appeals judges. Three judges shall be elected from the district specified in s. 752.17, 4 judges shall be elected from each of the 2 districts specified in ss. 752.13 and 752.15 and 5 judges shall be elected from the district specified in s. 752.19.

Note: As a result of the repeal of ss. 752.03 (3) by this bill, this provision does not have multiple subsections. Obsolete transition language is deleted.

SB301, s. 201 Section 201. The treatment of 767.41 (1) (a), as renumbered, of the statutes by 2005 Wisconsin Act 130, section 5, is not repealed by 2005 Wisconsin Act 443, section 29. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.41 (1) (a), as renumbered from s. 767.05 (2) by 2005 Wis. Act 443, reads:

(a) Subject to ch. 822, the question of a child's custody may be determined as an incident of any action affecting the family or in an independent action for custody. The effect of any determination of a child's custody is not binding personally against any parent or guardian unless the parent or guardian has been made personally subject to the jurisdiction of the court in the action as provided under ch. 801 or has been notified under s. 822.08, as provided in s. 822.06. Nothing in this chapter may be construed to foreclose a person other than a parent who has physical custody of a child from proceeding under ch. 822.

SB301, s. 202 Section 202. 767.80 (2) (title) of the statutes, as created by 2005 Wisconsin Act 443, is amended to read:

SB301,74,15 767.80 (2) (title) Certain agreements not A a bar to action.

Note: Corrects capitalization.

SB301, s. 203 Section 203. 801.14 (3) of the statutes is amended to read:

SB301,75,9 801.14 (3) In any action in which there are unusually large numbers of defendants, the court, upon motion or on its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim cross claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

Note: Corrects spelling.

SB301, s. 204 Section 204. 802.01 (1) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,75,17 802.01 (1) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim cross claim, if the answer contains a cross-claim cross claim; a 3rd-party complaint, if a person who was not an original party is summoned under s. 803.05, and a 3rd-party answer, if a 3rd-party complaint is served. No other pleading shall be allowed, except that the court may order a further pleading to a reply or to any answer.

Note: Corrects spelling.

SB301, s. 205 Section 205. 802.04 (1) of the statutes is amended to read:

SB301,76,11 802.04 (1) Caption. Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains cross-claims cross claims or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).

Note: Corrects spelling.

SB301, s. 206 Section 206. 802.06 (1) of the statutes, as affected by Supreme Court Order 03-06 and 2005 Wisconsin Act 442, is amended to read:

SB301,77,10 802.06 (1) When presented. Except when a court dismisses an action or special proceeding under s. 802.05 (4), a defendant shall serve an answer within 20 days after the service of the complaint upon the defendant. If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 20 days after appointment to serve the answer. A party served with a pleading stating a cross-claim cross claim against the party shall serve an answer thereto within 20 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 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 cross claim or a reply to a counterclaim within 45 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 20 days after service of the order, unless the order otherwise directs. If a defendant in the action is an insurance company, or if any cause of action raised in the original pleading, cross-claim 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.

Note: Corrects spelling.

SB301, s. 207 Section 207. 802.06 (2) (a) (intro.) of the statutes is amended to read:

SB301,77,16 802.06 (2) (a) (intro.) Every defense, in law or fact, except the defense of improper venue, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim cross claim, or 3rd-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:

Note: Corrects spelling.

SB301, s. 208 Section 208. 802.07 (title) of the statutes is amended to read:

SB301,77,18 802.07 (title) Counterclaim and cross-claim cross claim.

Note: Corrects spelling.

SB301, s. 209 Section 209. 802.07 (4) and (5) of the statutes are amended to read:

SB301,77,22 802.07 (4) Joinder of additional parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim cross claim in accordance with ss. 803.03 to 803.05.

SB301,78,5 (5) Separate trials; separate judgments. If the court orders separate trials as provided in s. 805.05 (2), judgment on a counterclaim or cross-claim cross claim may be rendered in accordance with s. 806.01 (2) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.

Note: Corrects spelling.

SB301, s. 210 Section 210. 802.08 (1) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,78,12 802.08 (1) Availability. A party may, within 8 months of the filing of a summons and complaint or within the time set in a scheduling order under s. 802.10, move for summary judgment on any claim, counterclaim, cross-claim cross claim, or 3rd-party claim which is asserted by or against the party. Amendment of pleadings is allowed as in cases where objection or defense is made by motion to dismiss.

Note: Corrects spelling.

SB301, s. 211 Section 211. 803.02 (1) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,78,18 803.02 (1) A party asserting a claim to relief as an original claim, counterclaim, cross-claim cross claim, or 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.

Note: Corrects spelling.

SB301, s. 212 Section 212. 803.05 (1) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,79,20 803.05 (1) At any time after commencement of the action, a defending party, as a 3rd-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the plaintiff's claim against the defending party, or who is a necessary party under s. 803.03. The 3rd-party plaintiff need not obtain leave to implead if he or she serves the 3rd-party summons and 3rd-party complaint not later than 6 months after the summons and complaint are filed or the time set in a scheduling order under s. 802.10; thereafter, the 3rd-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and 3rd-party complaint, hereinafter called the 3rd-party defendant, shall make defenses to the 3rd-party plaintiff's claim as provided in s. 802.06 and counterclaims against the 3rd-party plaintiff and cross-claims cross claims against any other defendant as provided in s. 802.07. The 3rd-party defendant may assert against the plaintiff any defenses which the 3rd-party plaintiff has to the plaintiff's claim. The 3rd-party defendant may also assert any claim against the plaintiff if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the 3rd-party plaintiff. The plaintiff may assert any claim against the 3rd-party defendant if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the 3rd-party plaintiff, and the 3rd-party defendant thereupon shall assert defenses as provided in s. 802.06 and counterclaims and cross-claims cross claims as provided in s. 802.07.

Note: Corrects spelling.

SB301, s. 213 Section 213. 803.07 of the statutes is amended to read:

SB301,80,7 803.07 Interpleader. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim cross claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in s. 803.04.

Note: Corrects spelling.

SB301, s. 214 Section 214. 804.05 (3) (b) 5. of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,80,15 804.05 (3) (b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a cross-claim cross claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd-party defendant.

Note: Corrects spelling.

SB301, s. 215 Section 215. 805.04 (3) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,80,22 805.04 (3) Counterclaim, cross-claim cross claim and 3rd-party claim. This section applies to the voluntary dismissal of any counterclaim, cross-claim cross claim, or 3rd-party claim. A voluntary dismissal by the claimant alone shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

Note: Corrects spelling.

SB301, s. 216 Section 216. 805.05 (2) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,81,7 805.05 (2) Separate trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition or economy, or pursuant to s. 803.04 (2) (b), may order a separate trial of any claim, cross-claim cross claim, counterclaim, or 3rd-party claim, or of any number of claims, always preserving inviolate the right of trial in the mode to which the parties are entitled.

Note: Corrects spelling.

SB301, s. 217 Section 217. 805.14 (9) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,81,12 805.14 (9) Involuntary dismissal of counterclaim, cross-claim cross claim or 3rd-party claim. This section applies to counterclaims, cross-claims cross claims, and 3rd-party claims.

Note: Corrects spelling.

SB301, s. 218 Section 218. 812.17 of the statutes is amended to read:

SB301,82,2 812.17 Impleader. When the answer of the garnishee discloses that any 3rd person claims the debt or property in the garnishee's hands and the name and residence of such claimant the court may order that such claimant be impleaded as a defendant in the garnishment action and that notice thereof, setting forth the facts, with a copy of such order and answer be served upon the 3rd person 3rd-person claimant, and that after such service is made the garnishee may pay or deliver to the officer or the clerk such debt or property and have a receipt therefor, which shall be a complete discharge from all liability for the amount so paid or property so delivered. Such notice shall be served as required for service of a summons. Upon such service being made such claimant shall be deemed a defendant in the garnishee action, and within 20 days shall answer setting forth the claimant's claim or any defense which that the garnishee might have made.

Note: Corrects spelling.

SB301, s. 219 Section 219. 814.75 (1g) of the statutes, as created by 2005 Wisconsin Act 433, is renumbered 814.75 (1j).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 288 also created a provision numbered 814.75 (1g).

SB301, s. 220 Section 220. 814.75 (1r) of the statutes, as affected by 2005 Wisconsin Act 433, is renumbered 814.75 (1m).

Note: 2005 Wis. Act 288 renumbered s. 814.75 (1) to 814.75 (1m). 2005 Wis. Act 433 renumbered 814.75 (1) to 814.75 (1r). The revisor under s. 13.93 (1) (b) numbers the provision 814.75 (1m).

SB301, s. 221 Section 221. 814.75 (13m) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,82,9 814.75 (13m) The Great Lakes resource surcharge under s. 29.99 29.9905.

Note: Section 29.99, as created by 2005 Wis. Act 288, is renumbered to s. 29.9905 by this bill.

SB301, s. 222 Section 222. 814.76 (1g) of the statutes, as created by 2005 Wisconsin Act 433, is renumbered 814.76 (1j).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 288 also created a provision numbered 814.76 (1g).

SB301, s. 223 Section 223. 814.76 (1r) of the statutes, as affected by 2005 Wisconsin Act 433, section 13, is renumbered 814.76 (1m).

Note: 2005 Wis. Act 288 renumbered s. 814.76 (1) to 814.76 (1m). 2005 Wis. Act 433 renumbered 814.76 (1) to 814.76 (1r). The revisor under s. 13.93 (1) (b) numbers the provision 814.76 (1m).

SB301, s. 224 Section 224. 814.76 (10m) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,82,16 814.76 (10m) The Great Lakes resource surcharge under s. 29.99 29.9905.

Note: Section 29.99, as created by 2005 Wis. Act 288, is renumbered to s. 29.9905 by this bill.

SB301, s. 225 Section 225. 814.77 (6m) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,83,3 814.77 (6m) The Great Lakes resource surcharge under s. 29.99 29.9905.

Note: Section 29.99, as created by 2005 Wis. Act 288, is renumbered to s. 29.9905 by this bill.

SB301, s. 226 Section 226. 822.31 (1) of the statutes, as affected by 2005 Wisconsin Act 130, is amended to read:

SB301,83,7 822.31 (1) "Judicial day" means each day except Saturday, Sunday, or a legal holiday under s. 895.20 995.20.

Note: Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by 2005 Wis. Act 155.

SB301, s. 227 Section 227. 867.046 (1m) of the statutes, as affected by 2005 Wisconsin Acts 206 and 216, is amended to read:

SB301,84,5 867.046 (1m) Upon death; generally. If a domiciliary of this state dies who immediately prior to death had an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s. 705.20 705.10 (1), or if a person not domiciled in this state dies having an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s. 705.20 705.10 (1), upon petition of the decedent's spouse, a beneficiary of a marital property agreement or, a TOD beneficiary, or a beneficiary of a transfer under s. 705.20 705.10 (1) to the court of the county of domicile of the decedent or, if the decedent was not domiciled in this state, of any county where the property is situated, the court shall issue a certificate under the seal of the court. The certificate shall set forth the fact of the death of the decedent, the termination or transfer of the decedent's interest in the property, the interest of the petitioner in the property and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt secured by an interest in real property, the petitioner shall record a certified copy or duplicate original of the certificate in the office of the register of deeds in each county in this state in which the real property is located.

Note: Section 705.20 was renumbered to s. 705.10 by 2005 Wis. Act 206. Corrects punctuation.

SB301, s. 228 Section 228. 867.046 (2) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 206 and 216, is amended to read:

SB301,84,19 867.046 (2) Upon death; interest in property. (intro.) As an alternative to sub. (1m), upon the death of any person having an interest in any real property, a vendor's interest in a land contract, an interest in a savings or checking account, an interest in a security, a mortgagee's interest in a mortgage, or an interest in property passing under s. 705.20 705.10 (1), including an interest in survivorship marital property, the decedent's spouse, a beneficiary of a marital property agreement or, a TOD beneficiary, or a beneficiary of a transfer under s. 705.20 705.10 (1) may obtain evidence of the termination of that interest of the decedent and confirmation of the petitioner's interest in the property by providing to the register of deeds of the county in which the property is located the certified death certificate for the decedent and, on applications supplied by the register of deeds for that purpose, all of the following information:

Note: Section 705.20 was renumbered to s. 705.10 by 2005 Wis. Act 206. Corrects punctuation.

SB301, s. 229 Section 229. 867.046 (2) (k) of the statutes, as created by 2005 Wisconsin Act 216, is amended to read: