799.14 History
History: 1979 c. 32 s.
66;
1979 c. 176; Stats. 1979 s. 799.14;
1999 a. 85.
799.16
799.16
Actions in rem or quasi in rem; limitation on judgment. 799.16(1)(1)
Basis. In proceedings in rem or quasi in rem no judgment shall be entered against a defendant for an amount in excess of the value of the property unless based on personal or substituted service as provided in
s. 799.12 (1), or unless the defendant appears without objecting to the jurisdiction of the court over defendant's person.
799.16(2)
(2) Adjournment and publication. When the defendant has not been served with personal or substituted service pursuant to
s. 799.12 (1) and does not waive the defense of lack of jurisdiction over the person under
s. 802.06 (8) and the court has jurisdiction over the property, service may be made on the defendant by publication. If service is to be made by publication, the proceeding shall be adjourned to a day certain by the court, and a notice in substantial conformity with
sub. (4) shall be published as a class 1 notice, under
ch. 985.
799.16(3)
(3) Adjournment, posting and mailing in eviction actions. In eviction actions, when the defendant has not been served with personal or substituted service pursuant to
s. 799.12 (1) and does not waive the defense of lack of jurisdiction over the person under
s. 802.06 (8), service may be made as follows:
799.16(3)(a)
(a) If the summons is returned more than 7 days prior to the return date with proof that the defendant cannot be served with personal or substituted service within the state under
s. 799.12 (1), the plaintiff may, at least 7 days prior to the return date, affix a copy of the summons and complaint onto some part of the premises where it may be conveniently read. At least 5 days prior to the return date an additional copy of the summons and complaint shall also be mailed to the defendant at the last-known address, even if it is the premises which are the subject of the action.
799.16(3)(b)
(b) In all other cases where the summons and complaint are returned with proof that the defendant cannot be served with personal or substituted service within the state under
s. 799.12 (1), the court shall, on the return date, adjourn the case to a day certain not less than 7 days from the return date, and the plaintiff shall affix a notice in substantial conformity with
sub. (4) (c) onto some part of the premises where it may be conveniently read. At least 5 days prior to the return date, an additional copy of said notice, together with a copy of the summons and complaint, shall be mailed to the defendant at the last-known address, even if it is the premises which are the subject of the action.
799.16(3)(c)
(c) Before judgment is entered after service is made under this section, the plaintiff shall file proof of compliance with this section.
STATE OF WISCONSIN
CIRCUIT COURT
.... COUNTY
TO:
You are hereby notified that (an attachment) (a garnishment) has been issued against you and your property (attached) (garnisheed) to satisfy the demand of .... amounting to $ .....
Now, unless you shall appear in the circuit court, of .... County, located in the courthouse in .... (municipality), before Judge ...., or before any judge to whom the action may be assigned, on .... (date), at .... (time), judgment will be rendered against you and your property sold or applied to pay the debt as provided by law.
Dated .... , ..... (year)
.... Plaintiff
By .... Plaintiff's Attorney
STATE OF WISCONSIN
CIRCUIT COURT
.... COUNTY
TO:
You are hereby notified that a replevin action has been issued to recover the possession of the following described goods and chattels, to wit: .... of which I, the plaintiff, am entitled to possess, but which you have (unjustly taken) (unlawfully detained) from me.
Now, unless you shall appear in the circuit court, of .... County, located in the courthouse in .... (municipality), before Judge ...., or before any judge to whom the action may be assigned, on .... (date), at .... (time), judgment will be rendered against you for the delivery of said property to me and for damages for the (taking and) detention thereof and for costs.
Dated .... , .... (year)
.... Plaintiff
By .... Plaintiff's Attorney
STATE OF WISCONSIN
CIRCUIT COURT
.... COUNTY
TO:
Take notice that an eviction action has been commenced against you to recover the possession of the following described premises ...., of which I, the plaintiff, am entitled to possession, but which you have unlawfully detained from me.
Unless you appear and defend on the .... day of ...., .... (year), at .... o'clock ..M., in the circuit court of .... county, located in the courthouse in the city of ...., before the Honorable ...., a Judge of said court, or before any judge to whom the action may be assigned, judgment may be rendered against you for the restitution of said premises and for costs.
Dated: ...., .... (year)
.... Plaintiff
By .... Plaintiff's Attorney
799.16 History
History: Sup. Ct. Order, 67 Wis. 2d 575, 764 (1975);
1975 c. 218;
1977 c. 449 s.
497;
1979 c. 32 ss.
66,
92 (16);
1979 c. 110 s.
60 (7);
1979 c. 176; Stats. 1979 s. 799.16;
1987 a. 208;
1993 a. 213,
246,
491; Sup. Ct. Order No.
95-10, 195 Wis. 2d xv (1996);
1997 a. 250.
799.20
799.20
Answer; counterclaim and cross complaint. 799.20(1)(1)
Pleading on return date or adjourned date. On the return date of the summons or any adjourned date thereof the defendant may answer, move to dismiss under
s. 802.06 (2) or otherwise respond to the complaint.
799.20(2)
(2) Cross complaint. In the case of more than one defendant, any cross complaint by one defendant against another who has appeared shall be made or filed on the return date or any adjourned date.
799.20(4)
(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. In a residential eviction action, the court or circuit court commissioner shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.
799.20 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 765 (1975);
1977 c. 449;
1979 c. 32 s.
66; Stats. 1979 s. 799.20;
1987 a. 208;
2001 a. 61;
2013 a. 76.
799.205
799.205
Substitution of judge. 799.205(1)
(1) Any party to a small claims action or proceeding may file a written request with the clerk of courts for a substitution of a new judge for the judge assigned to the case. The written request shall be filed on the return date of the summons or within 10 days after the case is scheduled for trial. If a new judge is assigned to the trial of a case, a request for substitution must be made within 10 days of receipt of notice of assignment, provided that if the notice of assignment is received less than 10 days prior to trial, the request for substitution must be made within 24 hours of receipt of the notice and provided that if notification is received less than 24 hours prior to trial, the action shall proceed to trial only upon stipulation of the parties that the assigned judge may preside at the trial of the action. Upon filing the written request, the filing party shall forthwith mail a copy thereof to all parties to the action and to the original judge.
799.205(2)
(2) After the written request has been filed, the original judge shall have no further jurisdiction in the action or proceeding except to determine if the request is correct as to form and timely filed. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge for the determination and reassignment of the action as necessary. If the request is correct as to form and timely filed, the named judge shall be disqualified and shall promptly request assignment of another judge under
s. 751.03.
799.205(3)
(3) Except as provided in
sub. (4), no party is entitled to file more than one such written request in any one action, and any single such request shall not name more than one judge. For purposes of this subsection, parties united in interest and pleading together shall be considered as a single party, but the consent of all such parties is not needed for the filing by one such party of a written request.
799.205(4)
(4) If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order as to any or all of the parties in a manner such that further proceedings in the trial court are necessary, any party may file a request under
sub. (1) within 20 days after the entry of the judgment or decision of the appellate court whether or not another request was filed prior to the time the appeal or writ of error was taken.
799.206
799.206
Return date proceedings before court commissioner. 799.206(1)(1) In counties establishing a circuit court commissioner position under
s. 757.68 (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).
799.206(2)
(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.
799.206(3)
(3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.
799.206(4)
(4) Except as provided in
sub. (3), the circuit court commissioner shall hear all matters using the procedures set forth in
s. 799.207.
799.206 History
History: 1977 c. 345;
1979 c. 32 ss.
66,
92 (16); Stats. 1979 s. 799.206;
1987 a. 208;
2001 a. 61;
2013 a. 76.
799.207
799.207
Proceedings before circuit court commissioner. 799.207(1)(a)(a) Any circuit court commissioner assigned to assist in small claims matters may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues.
799.207(1)(b)
(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.
799.207(1)(d)
(d) A record of the proceeding shall be made and shall be limited to the time and location of the hearing, the parties, witnesses and attorneys present and the decision.
799.207(1)(e)
(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.
799.207(2)
(2) 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:
799.207(2)(b)
(b) Either party may file a demand for trial within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision to prevent the entry of the judgment.
799.207(3)(a)(a) There is an absolute right to have the matter heard before the court if the requirements of this section are complied with.
799.207(3)(b)
(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.
799.207(3)(c)
(c) The demand for trial must be filed with the court and mailed to the other parties within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision. Mailing of the notice and proof of such mailing is the responsibility of the party seeking review.
799.207(3)(d)
(d) Notice of a demand for trial may also be given in writing and filed by either of the parties at the time of an oral decision.
799.207(4)
(4) Following the timely filing of a demand for trial, the court shall mail a trial date to all of the parties.
799.207(5)
(5) A timely filing of a demand for trial shall result in a new trial before the court on all issues between the parties.
799.207 History
History: 1977 c. 345;
1979 c. 32 s.
66;
1979 c. 110; Stats. 1979 s. 799.207; Sup. Ct. Order, 141 Wis. 2d xiii (1987);
1987 a. 208;
2001 a. 61.
799.207 Note
Judicial Council Note, 1988: The substance of sub. (5) (b) is retained in s. 799.208. [Re Order effective Jan. 1, 1988]
799.208
799.208
Pretrial conference. In any action under this chapter, the pretrial conference may be conducted by telephone as provided in
s. 807.13 (3) at the discretion of the court and may be conducted on the trial date.
799.208 History
History: Sup. Ct. Order, 141 Wis. 2d xiii (1987).
799.209
799.209
Procedure. At any trial, hearing or other proceeding under this chapter:
799.209(1)
(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.
799.209(2)
(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.
799.209(3)
(3) The court or circuit court commissioner may conduct questioning of the witnesses and shall endeavor to ensure that the claims or defenses of all parties are fairly presented to the court or circuit court commissioner.
799.209(4)
(4) The court or circuit court commissioner shall establish the order of trial and the procedure to be followed in the presentation of evidence and arguments in an appropriate manner consistent with the ends of justice and the prompt resolution of the dispute on its merits according to the substantive law.
799.21(1)(1)
Determination of method of trial. In the absence of a jury demand, trial shall be to the court.
799.21(2)
(2) Trial by court. If trial is to the court, the case may, with the consent of all the parties, be tried on the return day.
799.21(3)(a)(a) Any party may, upon payment of the fees prescribed in
ss. 814.61 (4) and
814.62 (3) (e), file a written demand for trial by jury. If no party demands a trial by jury, the right to trial by jury is waived forever. In eviction actions, the demand shall be filed at or before the time of joinder of issue; in all other actions within 20 days thereafter.
