801.04(2)(b)
(b) Service of a summons is dispensed with under the conditions in
s. 801.06.
801.04(3)
(3) Jurisdiction in rem or quasi in rem. A court of this state having jurisdiction of the subject matter may render a judgment in rem or quasi in rem upon a status or upon a property or other thing pursuant to
s. 801.07 and the judgment in such action may affect the interests in the status, property or thing of all persons served pursuant to
s. 801.12 with a summons and complaint or notice of object of action as the case requires.
801.04 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 591 (1975);
1979 c. 89.
801.04 Annotation
A court having jurisdiction may decline to exercise it if there are sufficient policy reasons to do so. Jones v. Jones,
54 Wis. 2d 41,
194 N.W.2d 627.
801.04 Annotation
State courts, including small claims courts, have a constitutional obligation to hear and decide 42 USC s. 1983 cases whether or not the federal right asserted is pendent to a state claim. Terry v. Kolski,
78 Wis. 2d 475,
254 N.W.2d 704.
801.04 Annotation
A prior adult proceeding that litigated the question of the respondent's age collaterally estopped the state from relitigating the same question in juvenile court, and the juvenile court has subject matter jurisdiction of the case. In Interest of H.N.T.
125 Wis. 2d 242,
371 N.W.2d 395 (Ct. App. 1985).
801.04 Annotation
Subject to limited exceptions, complainants in 42 USC 1983 actions need not exhaust administrative remedies prior to being brought in state court. Casteel v. Vaade,
167 Wis. 2d 1,
481 N.W.2d 277 (1992).
801.04 Annotation
State court jurisdiction. 1978 WLR 533.
801.05
801.05
Personal jurisdiction, grounds for generally. A court of this state having jurisdiction of the subject matter has jurisdiction over a person served in an action pursuant to
s. 801.11 under any of the following circumstances:
801.05(1)
(1) Local presence or status. In any action whether arising within or without this state, against a defendant who when the action is commenced:
801.05(1)(a)
(a) Is a natural person present within this state when served; or
801.05(1)(b)
(b) Is a natural person domiciled within this state; or
801.05(1)(c)
(c) Is a domestic corporation or limited liability company; or
801.05(1)(d)
(d) Is engaged in substantial and not isolated activities within this state, whether such activities are wholly interstate, intrastate, or otherwise.
801.05(2)
(2) Special jurisdiction statutes. In any action which may be brought under statutes of this state that specifically confer grounds for personal jurisdiction over the defendant.
801.05(3)
(3) Local act or omission. In any action claiming injury to person or property within or without this state arising out of an act or omission within this state by the defendant.
801.05(4)
(4) Local injury; foreign act. In any action claiming injury to person or property within this state arising out of an act or omission outside this state by the defendant, provided in addition that at the time of the injury, either:
801.05(4)(a)
(a) Solicitation or service activities were carried on within this state by or on behalf of the defendant; or
801.05(4)(b)
(b) Products, materials or things processed, serviced or manufactured by the defendant were used or consumed within this state in the ordinary course of trade.
801.05(5)
(5) Local services, goods or contracts. In any action which:
801.05(5)(a)
(a) Arises out of a promise, made anywhere to the plaintiff or to some 3rd party for the plaintiff's benefit, by the defendant to perform services within this state or to pay for services to be performed in this state by the plaintiff; or
801.05(5)(b)
(b) Arises out of services actually performed for the plaintiff by the defendant within this state, or services actually performed for the defendant by the plaintiff within this state if such performance within this state was authorized or ratified by the defendant; or
801.05(5)(c)
(c) Arises out of a promise, made anywhere to the plaintiff or to some 3rd party for the plaintiff's benefit, by the defendant to deliver or receive within this state or to ship from this state goods, documents of title, or other things of value; or
801.05(5)(d)
(d) Relates to goods, documents of title, or other things of value shipped from this state by the plaintiff to the defendant on the defendant's order or direction; or
801.05(5)(e)
(e) Relates to goods, documents of title, or other things of value actually received by the plaintiff in this state from the defendant without regard to where delivery to carrier occurred.
801.05(6)
(6) Local property. In any action which arises out of:
801.05(6)(a)
(a) A promise, made anywhere to the plaintiff or to some 3rd party for the plaintiff's benefit, by the defendant to create in either party an interest in, or protect, acquire, dispose of, use, rent, own, control or possess by either party real property situated in this state; or
801.05(6)(b)
(b) A claim to recover any benefit derived by the defendant through the use, ownership, control or possession by the defendant of tangible property situated within this state either at the time of the first use, ownership, control or possession or at the time the action is commenced; or
801.05(6)(c)
(c) A claim that the defendant return, restore, or account to the plaintiff for any asset or thing of value which was within this state at the time the defendant acquired possession or control over it.
801.05(7)
(7) Deficiency judgment on local foreclosure or resale. In any action to recover a deficiency judgment upon a mortgage note or conditional sales contract or other security agreement executed by the defendant or predecessor to whose obligation the defendant has succeeded and the deficiency is claimed either:
801.05(7)(a)
(a) In an action in this state to foreclose upon real property situated in this state; or
801.05(7)(b)
(b) Following sale of real property in this state by the plaintiff under
ch. 846; or
801.05(7)(c)
(c) Following resale of tangible property in this state by the plaintiff under
ch. 409.
801.05(8)
(8) Director, officer or manager of a domestic corporation or limited liability company. In any action against a defendant who is or was an officer, director or manager of a domestic corporation or domestic limited liability company where the action arises out of the defendant's conduct as such officer, director or manager or out of the activities of such corporation or limited liability company while the defendant held office as a director, officer or manager.
801.05(9)
(9) Taxes or assessments. In any action for the collection of taxes or assessments levied, assessed or otherwise imposed by a taxing authority of this state after July 1, 1960.
801.05(10)
(10) Insurance or insurers. In any action which arises out of a promise made anywhere to the plaintiff or some 3rd party by the defendant to insure upon or against the happening of an event and in addition either:
801.05(10)(a)
(a) The person insured was a resident of this state when the event out of which the cause of action is claimed to arise occurred; or
801.05(10)(b)
(b) The event out of which the cause of action is claimed to arise occurred within this state, regardless of where the person insured resided.
801.05(11)
(11) Certain marital actions. In addition to personal jurisdiction under
sub. (1) and
s. 801.06, in any action affecting the family, except for actions under
ch. 769, in which a personal claim is asserted against the respondent commenced in the county in which the petitioner resides at the commencement of the action when the respondent resided in this state in marital relationship with the petitioner for not less than 6 consecutive months within the 6 years next preceding the commencement of the action and the respondent is served personally under
s. 801.11. The effect of any determination of a child's custody shall not be 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 this chapter or has been notified under
s. 822.05 as provided in
s. 822.12.
801.05(12)
(12) Personal representative. In any action against a personal representative to enforce a claim against the deceased person represented where one or more of the grounds stated in
subs. (2) to
(11) would have furnished a basis for jurisdiction over the deceased had the deceased been living and it is immaterial under this subsection whether the action had been commenced during the lifetime of the deceased.
801.05(13)
(13) Joinder of claims in the same action. In any action brought in reliance upon jurisdictional grounds stated in
subs. (2) to
(11) there cannot be joined in the same action any other claim or cause against the defendant unless grounds exist under this section for personal jurisdiction over the defendant as to the claim or cause to be joined.
801.05 Annotation
Jurisdiction over a foreign executor under sub. (12) cannot be based on substantial activities in Wisconsin under sub. (1) (d). Rauser v. Rauser,
47 Wis. 2d 295,
177 N.W.2d 115.
801.05 Annotation
In an action against an Illinois corporate defendant and its officer alleging fraudulent advertising, the trial court possessed jurisdiction over the officer where the answer to the complaint admitted corporate advertising in newspapers circulated in Wisconsin, the contacting of Wisconsin residents responding to the advertisements, and the taking of earnest money deposits, and where testimony indicated that defendant had participated in one such transaction in the state. State v. Advance Marketing Consultants, Inc.
66 Wis. 2d 706,
225 N.W.2d 887.
801.05 Annotation
Wisconsin courts may issue in personam orders that may operate on out-of-state property. Dalton v. Meister,
71 Wis. 2d 504,
239 N.W.2d 9.
801.05 Annotation
The trial court was entitled to consider the complaint and answer in determining whether the court had jurisdiction. Merco Distrib. Corp. v. O & R Engines, Inc.
71 Wis. 2d 792,
239 N.W.2d 97.
801.05 Annotation
A manufacturer having no dealers or distributors in Wisconsin was amenable to jurisdiction under sub. (4) by virtue of magazine advertisement solicitations and out-of-state sales to Wisconsin residents. Fields v. Playboy Club of Lake Geneva, Inc.
75 Wis. 2d 644,
250 N.W.2d 311.
801.05 Annotation
Findings of the facts requisite to jurisdiction under sub. (4) (b) may properly be made by reasonable inference from facts proven in the record. Stevens v. White Motor Corp.
77 Wis. 2d 64,
252 N.W.2d 88.
801.05 Annotation
Standards of the "long-arm" statute prima facie meet due process requirements. Schmitz v. Hunter Machinery Co.
89 Wis. 2d 388,
279 N.W.2d 172 (1979).
801.05 Annotation
The burden of proof is on the plaintiff to establish jurisdiction under this section. Lincoln v. Seawright,
104 Wis. 2d 4,
310 N.W.2d 596 (1981).
801.05 Annotation
Substantially higher "doing business" contacts under sub. (1) (d) are required when a nonresident plaintiff brings a foreign cause of action. Vermont Yogurt v. Blanke Baer Fruit & Flavor,
107 Wis. 2d 603,
321 N.W.2d 315 (Ct. App. 1982).
801.05 Annotation
Sub. (11) provides three independent sources of personal jurisdiction that must be considered in the disjunctive. In re Marriage of McAleavy v. McAleavy,
150 Wis. 2d 26,
440 N.W.2d 566 (1989).
801.05 Annotation
Telephone calls received by a defendant do not, standing alone, constitute sufficient contact to establish a basis for personal jurisdiction. Dietrich v. Patients Compensation Board,
169 Wis. 2d 471,
485 N.W.2d 614 (Ct. App. 1992).
801.05 Annotation
A non-resident corporate officer alleged to have committed fraud or misrepresentation is subject to Wisconsin jurisdiction only if some act or omission was committed in Wisconsin. Pavlic v. Woodrum,
169 Wis. 2d 585,
486 N.W.2d 533, (Ct. App. 1992).
801.05 Annotation
The term "service activities" under sub. (4) (a) requires that a defendant be engaged in some type of regular ongoing or repetitive activities in Wisconsin. Two meetings does not constitute service activates carried on with in the state. Housing Horizons, LLC v. Alexander Company, Inc. 2000 WI App 9,
232 Wis. 2d 178,
606 N.W.2d 263.
801.05 Annotation
A father's acquiescence in his daughter's desire to live with her mother in California did not confer jurisdiction over the father in California courts. Kulko v. California Superior Court,
436 U.S. 84 (1978).
801.05 Annotation
A state may not exercise quasi in rem jurisdiction over a defendant having no forum contacts by attacking a contractual obligation of the defendant's insurer licensed in the state. Rush v. Savchuk,
444 U.S. 320 (1980).
801.05 Annotation
Where an accident involving only Wisconsin residents occurred in Wisconsin, the fact that the decedent had been employed in Minnesota conferred jurisdiction on the Minnesota courts and Minnesota insurance law was applicable. Allstate Ins. Co. v. Hague,
449 U.S. 302 (1981).
801.05 Annotation
Where an out-of-state defendant placed an order in Wisconsin, but conducted no other activities in the state, the minimum contacts test was not satisfied. Lakeside Bridge & Steel v. Mountain State Const.
597 F.2d 596 (1979).
801.05 Annotation
A New York corporation was subject to the long-arm statute where agents of the corporation made 2 visits to the state in connection with business on which the claim was based. Wisconsin Elec. Mfg. Co., Inc. v. Pennant Products,
619 F.2d 676 (1980).
801.05 Annotation
The Wisconsin circuit court had exclusive jurisdiction over trust assets in Illinois, making removal to Wisconsin federal district court improper. Norton v. Bridges,
712 F.2d 1156 (1983).
801.05 Annotation
"Processed" under sub. (4) (b) included a distributor's purchase and sale of goods in the normal course of distribution of those goods. Nelson By Carson v. Park Industries, Inc.
717 F.2d 1120 (1983).
801.05 Annotation
A buyer's inspection of goods before shipment from the state was sufficient contact for jurisdiction. Afram Export Corp. v. Metallurgiki Halyps, S.A.
772 F.2d 1358 (1985).
801.05 Annotation
An act or omission occurring outside the state with consequences in the state does not fit the tort provisions of sub. (3). Services within the state under sub. (5) do not include the purchase of insurance from a state company. Federated Rural Electric Ins. v. Inland Power & Light,
18 F.3d 389 (1994).
801.05 Annotation
Jurisdiction in an action for misrepresentation in sale of a boat did not exist where the only contact was that the boat would be operated partly in Wisconsin and that the seller wrote a letter to the Wisconsin buyer confirming the already existing contract. McCalla v. A. J. Industries, Inc.
352 F. Supp. 544.
801.05 Annotation
The fact that a Virginia corporation was a distributor for a Wisconsin corporation in Virginia is not enough to justify an action in Wisconsin. Watral v. Murphy Diesel Co.
358 F. Supp. 968.
801.05 Annotation
A Texas company that ordered a turbine from a Wisconsin manufacturer and sent representatives to Wisconsin twice was subject to Wisconsin jurisdiction. Nordberg, etc. v. Hudson Eng. Corp.
361 F. Supp. 903.
801.05 Annotation
An action for injuries sustained by the plaintiff while using a machine manufactured by the defendant in France and sold to the plaintiff's employer was an action for personal injury based on breach of warranty and strict liability under subs. (4) and (5) (c). Davis v. Mercier-Freres,
368 F. Supp. 498.
801.05 Annotation
Service upon a nonresident defendant's father at the father's residence was insufficient for the exercise of personal jurisdiction over the nonresident, despite claimed actual notice, where no attempt was made to comply with s. 345.09. Chilcote v. Shertzer,
372 F. Supp. 86.
801.05 Annotation
The court had jurisdiction over an insurer under sub. (1) (d) based on settlement negotiations conducted by an adjuster, and the insurer was estopped from asserting its no-action clause. Kirchen v. Orth,
390 F. Supp. 313.
801.05 Annotation
Court had in-personam jurisdiction by virtue of sub. (5) (b) and (e) where the defendant made initial contact with the plaintiff, sent its president to Milwaukee to solicit the plaintiff's participation in the transaction, delivered documentation of title to the subject property to the plaintiff in Milwaukee, accepted payment in Milwaukee and executed a lease agreement in Milwaukee. Ridge Leasing Corp. v. Monarch Royalty, Inc.
392 F. Supp. 573.
801.05 Annotation
To determine whether a particular nonresident is "doing business" within this state, the court must consider the party's overall activities within the state, past and present, not at some fixed point in time. Modern Cycle Sales, Inc. v. Burkhardt-Larson Co.
395 F. Supp. 587.
801.05 Annotation
Actions of out-of-state police officials in continuously soliciting the plaintiff's arrest by means of a "fugitive from justice notice" entered into the FBI National Crime Information Center computer data bank, in representing to Wisconsin authorities that extradition was desired and requesting that the plaintiff be arrested constituted sufficient minimum contact with Wisconsin to permit th exercise of personal jurisdiction. Maney v. Ratcliff,
399 F. Supp. 760.
801.05 Annotation
Infrequent use of Wisconsin roads by an Idaho trucking corporation did not constitute "continuous and systematic" activity necessary to confer jurisdiction under this section. Ladwig v. Trucks Ins. Exch.
498 F. Supp. 161 (1980).
801.05 Annotation
A foreign corporation is not subject to jurisdiction in Wisconsin when the sole basis for assertion of jurisdiction was unilateral activity of the resident plaintiff. Jadair, Inc. v. Walt Keeler Co., Inc.
508 F. Supp. 879 (1981).
801.05 Annotation
In applying the test under sub. (1) (d), the court looks to the defendant's general contacts with the forum state, not merely its contacts arising out of the specific transaction at issue. Jadair v. Van Lott, Inc.
512 F. Supp. 1141 (1981).
801.05 Annotation
The defendant's attorney's deliver y of checks in the state was insufficient contact to confer jurisdiction under this section. Sed, Inc. v. Bohager/Goodhues, Inc.
538 F. Supp. 196 (1982).
801.05 Annotation
A contract for services distinguished from contract for goods. L.B. Sales Corp. v. Dial Mfg., Inc.
593 F. Supp. 290 (1984).
801.05 Annotation
A single sale in the state was insufficient contact to confer personal jurisdiction. Uni-Bond, LTD. v. Schultz,
607 F. Supp. 1361 (1985).
801.05 Annotation
A parent-subsidiary relationship is sufficient to confer jurisdiction over the parent for long-arm purposes so long as the subsidiary carries on sufficient activities in the state. Hayeland v. Jaques,
847 F. Supp 630 (1994).
801.05 Annotation
This section is intended to reach to the fullest extent allowed under the due process clause. Farby Glove & Mitten Co. v. Spitzer,
908 F. Supp. 625 (1995).
801.05 Annotation
Foreseeability that the defendant's actions in one state may cause injury in Wisconsin does not amount to causing a local act. The consequences of an act alone do not establish jurisdiction over the defendant under sub. (3). Nelson v. Bulso,
979 F. Supp 1239 (1997).
801.05 Annotation
State may not assert quasi in rem jurisdiction over an insurance company's contractual obligations to defend and indemnify its insured. 64 MLR 374 (1980).
801.05 Annotation
Stacking the deck: Wisconsin's application of Leflar's choice-influencing considerations to torts choice-of-law cases. White. 1985 WLR 401.
801.06
801.06
Personal jurisdiction, grounds for without service of summons. A court of this state having jurisdiction of the subject matter may, without a summons having been served upon a person, exercise jurisdiction in an action over a person with respect to any counterclaim asserted against that person in an action which the person has commenced in this state and also over any person who appears in the action and waives the defense of lack of jurisdiction over his or her person as provided in
s. 802.06 (8). An appearance to contest the basis for in rem or quasi in rem jurisdiction under
s. 802.06 (2) (a) 3. without seeking any other relief does not constitute an appearance within the meaning of this section.
801.06 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 596 (1975);
1975 c. 218;
1993 a. 213.
801.07
801.07
Jurisdiction in rem or quasi in rem, grounds for generally. A court of this state having jurisdiction of the subject matter may exercise jurisdiction in rem or quasi in rem on the grounds stated in this section. A judgment in rem or quasi in rem may affect the interests of a defendant in the status, property or thing acted upon only if a summons has been served upon the defendant pursuant to
s. 801.12. Jurisdiction in rem or quasi in rem may be invoked in any of the following cases:
801.07(1)
(1) When the subject of the action is real or personal property in this state and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partially in excluding the defendant from any interest or lien therein. This subsection shall apply when any such defendant is unknown.
801.07(2)
(2) When the action is to foreclose, redeem from or satisfy a mortgage, claim or lien upon real estate within this state.
