AB698,3,7 6(2) A landlord providing notice under ss. 704.16, 704.17, and 704.19 shall
7include in the notice the following information:
AB698,3,8 8RIGHT TO COUNSEL IN EVICTION ACTIONS
AB698,3,199 As provided under s. 799.425 of the Wisconsin Statutes, in an action against a
10tenant whose residential tenancy has been terminated for any reason, the tenant has
11a right to counsel at public expense and, once referred to the state public defender,
12the state public defender shall appoint counsel for the tenant under s. 977.08 of the
13Wisconsin Statutes without a determination of indigency, unless the tenant
14knowingly and voluntarily waives the right to counsel. A tenant who wants counsel
15appointed in an eviction action must appear on the date specified in the summons
16or request that counsel be appointed by contacting the clerk of court of the county in
17which the residential eviction action has been brought on or before the return date
18specified in the summons. A tenant is advised that this notice is only a summary of
19the tenant's rights and the specific language of the statutes governs in all instances.
AB698,3 20Section 3. 704.17 (4) of the statutes is amended to read:
AB698,3,2421 704.17 (4) Form of notice and manner of giving. Notice must be in writing and
22given as specified in s. 704.21. If so given, and unless ordered otherwise by a court
23in an eviction action under ch. 799,
the tenant is not entitled to possession or
24occupancy of the premises after the date of termination specified in the notice.
AB698,4 25Section 4. 799.05 (8) of the statutes is created to read:
AB698,4,4
1799.05 (8) Notice of right to counsel in residential eviction actions. In a
2residential eviction action, a notice shall be attached to the summons informing the
3tenant that the tenant has the right to have counsel provided at public expense, as
4provided under s. 799.425. The notice shall be substantially in the following form:
AB698,4,5 5NOTICE OF RIGHT TO COUNSEL IN EVICTION ACTIONS
AB698,4,146 As provided under s. 799.425 of the Wisconsin Statutes, in an action against a
7tenant whose residential tenancy has been terminated for any reason, the tenant has
8a right to counsel at public expense and, once referred to the state public defender,
9the state public defender shall appoint counsel for the tenant under s. 977.08 of the
10Wisconsin Statutes without a determination of indigency, unless the tenant
11knowingly and voluntarily waives the right to counsel. A tenant who wants counsel
12appointed must appear on the return date specified in the attached summons or
13contact the clerk of court on or before the return date at .... (contact information) to
14request that counsel be appointed.
AB698,5 15Section 5. 799.09 of the statutes is amended to read:
AB698,4,23 16799.09 Public information. Information The clerk of court shall disseminate
17and publicize throughout the county information
regarding the existence, location,
18and hours of the circuit court's small claims system shall be disseminated and
19publicized throughout the county by the clerk of court
. Each county shall produce
20and make available to all litigants in small claims actions publications explaining
21the procedures to be followed by litigants in small claims actions and information
22regarding the rights of tenants in residential eviction actions to have counsel
23provided at public expense, as provided under s.799.425
.
AB698,6 24Section 6. 799.12 (6) (c) (intro.) of the statutes is amended to read:
AB698,5,5
1799.12 (6) (c) (intro.) If the defendant's post-office address cannot be
2ascertained with reasonable diligence, the mailing may be omitted and service may
3be made by publishing as a class 1 notice under ch. 985 a notice in substantially the
4following form, except as provided in s. 799.22 (4) (b) 3., along with the notice
5required under s. 799.05 (8), if applicable
:
AB698,7 6Section 7. 799.14 (2) of the statutes is amended to read:
AB698,5,117 799.14 (2) Effect of actual appearance. This section shall not apply to a
8defendant who actually appeared and submitted to the jurisdiction of the court
9without filing application as provided in sub. (1), unless the defendant is a tenant in
10a residential eviction action who was not represented by counsel and did not waive
11the tenant's right to counsel as provided under s. 799.425 (1) (b)
.
AB698,8 12Section 8. 799.16 (3) (b) of the statutes is amended to read:
AB698,5,2113 799.16 (3) (b) In all other cases where in which the summons and complaint
14are returned with proof that the defendant cannot be served with personal or
15substituted service within the state under s. 799.12 (1), the court shall, on the return
16date, adjourn the case to a day certain not less than 7 days from the return date, and
17the plaintiff shall affix a notice in substantial conformity with sub. (4) (c) or (d) onto
18some part of the premises where it may be conveniently read. At least 5 days prior
19to the return date, an additional copy of said notice, together with a copy of the
20summons and complaint, shall be mailed to the defendant at the last-known
21address, even if it is the premises which are the subject of the action.
AB698,9 22Section 9. 799.16 (4) (c) (title) of the statutes is amended to read:
AB698,5,2323 799.16 (4) (c) (title) Notice in nonresidential eviction.
AB698,10 24Section 10. 799.16 (4) (d) of the statutes is created to read:
AB698,5,2525 799.16 (4) (d) Notice in residential eviction.
AB698,6,1
1STATE OF WISCONSIN
AB698,6,22 CIRCUIT COURT
AB698,6,33 .... COUNTY
AB698,6,44 TO:
AB698,6,75 Take notice that an eviction action has been commenced against you to recover
6the possession of the following described premises ...., of which I, the plaintiff, am
7entitled to possession, but which you have unlawfully detained from me.
AB698,6,128 Unless you appear and defend on the .... day of ...., .... (year), at .... o'clock ..M.,
9in the circuit court of .... county, located in the courthouse in the city of ...., before the
10Honorable ...., a Judge of said court, or before any judge to whom the action may be
11assigned, judgment may be rendered against you for the restitution of said premises
12and for costs.
AB698,6,13 13NOTICE OF RIGHT TO COUNSEL IN EVICTION ACTIONS
AB698,6,2014 As provided under s. 799.425 of the Wisconsin Statutes, you have a right to
15counsel in the eviction action at public expense and, once referred to the state public
16defender, the state public defender shall appoint counsel for you under s. 977.08 of
17the Wisconsin Statutes without a determination of indigency, unless you knowingly
18and voluntarily waive the right to counsel. If you want counsel appointed for you,
19you must appear on the date specified above or contact the clerk of court on or before
20that date at .... (contact information) to request that counsel be appointed.
AB698,6,2121 Dated: ...., .... (year)
AB698,6,2222 .... Plaintiff
AB698,6,2323 By .... Plaintiff's Attorney
AB698,11 24Section 11. 799.20 (title) of the statutes is amended to read:
AB698,7,2
1799.20 (title) Answer; counterclaim and cross complaint; tenant
2request for counsel
.
AB698,12 3Section 12. 799.20 (1) of the statutes is amended to read:
AB698,7,74 799.20 (1) Pleading on return date or adjourned date. On the return date
5of the summons or any adjourned date thereof, the defendant may answer, move to
6dismiss under s. 802.06 (2), or otherwise respond to the complaint or, if applicable,
7request the appointment of counsel under s. 799.425
.
AB698,13 8Section 13. 799.20 (3) of the statutes is created to read:
AB698,7,139 799.20 (3) Tenant request for appointment of counsel. If, on or before the
10return date of the summons or any adjourned date thereof, a tenant in a residential
11eviction action contacts the clerk of court to request the appointment of counsel, the
12court or circuit court commissioner shall appoint counsel for the tenant under s.
13799.425 (2) or (3) and stay the proceedings under s. 799.40 (4) (c).
AB698,14 14Section 14. 799.20 (4) of the statutes is renumbered 799.20 (4) (intro.) and
15amended to read:
AB698,7,1816 799.20 (4) Inquiry of defendant who appears on return date. (intro.) If the
17defendant appears on the return date of the summons or any adjourned date thereof,
18all of the following apply:
AB698,7,22 19(b) If par. (a) does not apply or if the defendant who is a residential tenant is
20represented by counsel or waives the tenant's right to counsel,
the court or circuit
21court commissioner shall make sufficient inquiry of the defendant to determine
22whether the defendant claims a defense to the action.
AB698,8,6 23(c) If it appears to the court or circuit court commissioner under par. (b) that
24the defendant claims a defense to the action, the court or circuit court commissioner
25shall schedule a trial of all the issues involved in the action, unless the parties

1stipulate otherwise or the action is subject to immediate dismissal. In a residential
2eviction action, the court or circuit court commissioner shall hold and complete a
3court or jury trial of the issue of possession of the premises involved in the action
4within 30 days of the return date of the summons or , any adjourned date thereof, or
5the return date set when a stay under s. 799.40 (4) (c) is lifted,
unless the parties
6stipulate otherwise or the action is subject to immediate dismissal.
AB698,15 7Section 15. 799.20 (4) (a) of the statutes is created to read:
AB698,8,138 799.20 (4) (a) In a residential eviction action, the court or circuit court
9commissioner shall make sufficient inquiry of a defendant who is a tenant and who
10is not represented by counsel to determine whether the tenant waives the tenant's
11right to counsel as provided under s. 799.425 (1) (b). If the tenant does not waive the
12tenant's right to counsel, the court or circuit court commissioner shall appoint
13counsel under s. 799.425 (2) or (3) and stay the proceedings under s. 799.40 (4) (c).
AB698,16 14Section 16. 799.206 (3) of the statutes is amended to read:
AB698,8,1915 799.206 (3) When Subject to s. 799.20 (4) (a), when all parties appear in person
16or by their attorneys on the return date in an eviction, garnishment, or replevin
17action and any party raises valid legal grounds for a contest, the matter shall be
18forthwith scheduled for a hearing, to be held as soon as possible before a judge and,
19in the case of an eviction action, not more than 30 days after the return date.
AB698,17 20Section 17. 799.207 (1) (a) of the statutes is amended to read:
AB698,8,2421 799.207 (1) (a) Any Except as provided in s. 799.20 (4) (a), a circuit court
22commissioner assigned to assist in small claims matters may hold a conference with
23the parties or their attorneys or both on the return date, examine pleadings, and
24identify issues.
AB698,18 25Section 18. 799.207 (1) (b) of the statutes is amended to read:
AB698,9,6
1799.207 (1) (b) Except as provided in par. (e), and s. 799.20 (4) (a), the circuit
2court commissioner shall render
a decision shall be rendered by the circuit court
3commissioner
on the return date if there is time available for a hearing, the parties
4do not intend to call witnesses, and the parties agree to such a hearing. If, for any
5of the reasons stated in this paragraph, the matter cannot be heard on the return
6date, an adjourned date shall be set.
AB698,19 7Section 19. 799.21 (2) of the statutes is amended to read:
AB698,9,98 799.21 (2) Trial by court. If trial is to the court, the case may, with the consent
9of all the parties and subject to s. 799.20 (4) (a), be tried on the return day.
AB698,20 10Section 20. 799.22 (2) of the statutes is amended to read:
AB698,9,1511 799.22 (2) When defendant fails to appear or request appointment of
12counsel
. If the defendant fails to appear on the return date or on the date set for trial
13and the defendant has not requested the appointment of counsel under s. 799.20 (3),
14the court may enter a judgment upon due proof of facts which that show the plaintiff
15entitled thereto.
AB698,21 16Section 21. 799.22 (4) (b) 4. of the statutes is created to read:
AB698,9,2217 799.22 (4) (b) 4. In a residential eviction action, if a defendant who is a tenant
18attempts to join issue without appearing on the return date, regardless of whether
19the tenant's answer is proper under the rule, and if it appears that the tenant is not
20represented by counsel, the proceedings shall be automatically stayed until the court
21or circuit court commissioner makes the inquiry of the tenant described under s.
22799.20 (4) (a).
AB698,22 23Section 22. 799.40 (4) (c) of the statutes is created to read:
AB698,9,2524 799.40 (4) (c) The court shall stay the proceedings in a civil action of eviction
25against a residential tenant who is not represented by counsel if the tenant requests

1the appointment of counsel under s. 799.20 (3) or the tenant, in an inquiry under s.
2799.20 (4) (a), does not waive the tenant's right to counsel. If the court grants a stay
3under this paragraph, the stay remains in effect until counsel is appointed for the
4tenant under s. 799.425 (2) or (3), the tenant retains counsel of the tenant's own
5choosing, or the tenant waives the tenant's right to counsel as provided under s.
6799.425 (1) (b), whichever occurs first. Notwithstanding s. 704.17 (4), the tenant is
7entitled to continued possession or occupancy of the residential premises while the
8stay remains in effect. When the court lifts the stay, the court shall set a new return
9date.
AB698,23 10Section 23. 799.41 (1) of the statutes is amended to read:
AB698,10,2211 799.41 (1) The complaint in an eviction action shall be in writing and
12subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint
13shall identify the parties and the real property which that is the subject of the action,
14specify whether the real property is residential,
and state the facts which that
15authorize the removal of the defendant. The description of real property is sufficient,
16whether or not it is specific, if it reasonably identifies what is described. A
17description by street name and number is sufficient. If the complaint relates only
18to a portion of described real estate property, that portion shall be identified. If a
19claim in addition to the claim for restitution is joined under s. 799.40 (2), the claim
20shall be separately stated. The prayer shall be for the removal of the defendant or
21the property or both and, if an additional claim is joined, for the other relief sought
22by the plaintiff.
AB698,24 23Section 24. 799.425 of the statutes is created to read:
AB698,11,3 24799.425 Right to counsel in residential eviction actions. (1) Right to
25legal representation.
(a) Except as provided in pars. (b) and (c), in an action of

1eviction against a tenant whose residential tenancy has been terminated for any
2reason, the tenant shall be afforded legal representation at all stages of the
3proceedings.
AB698,11,64 (b) A residential tenant may waive the tenant's right to counsel under par. (a)
5if the court is satisfied that the waiver is knowingly and voluntarily made and the
6court accepts the waiver.
AB698,11,87 (c) A residential tenant is presumed to have waived the tenant's right to counsel
8under par. (a) if the tenant does any of the following:
AB698,11,109 1. Fails to request the appointment of counsel under s. 799.20 (3) and fails to
10appear on the return date or on the date set for trial as provided under s. 799.22 (2).
AB698,11,1211 2. Retains counsel of the tenant's own choosing who enters a notice of
12appearance on behalf of the tenant.
AB698,11,1813 (d) In a proceeding under s. 799.14 (1) to set aside a judgment entered or for
14an opportunity to be heard upon the merits, a residential tenant who waived the
15tenant's right to counsel under par. (b) or who is presumed to have waived the
16tenant's right to counsel under par. (c) is entitled to legal representation under par.
17(a). If it appears that the tenant is not represented by counsel in the proceeding, the
18court shall make the inquiry of the tenant described under s. 799.20 (4) (a).
AB698,11,21 19(2) Power of court to appoint counsel. At any time, upon request or on the
20court's own motion, the court may appoint counsel for a residential tenant entitled
21to legal representation under sub. (1) (a).
AB698,12,2 22(3) Providing counsel. If a residential tenant is entitled to legal
23representation under sub. (1) (a) and the tenant does not waive, and is not presumed
24to have waived, the tenant's right to counsel under sub. (1) (b) or (c), the court shall

1refer the tenant to the state public defender, and the state public defender shall
2appoint counsel under s. 977.08 without a determination of indigency.
AB698,12,5 3(4) Discharge of counsel. If a residential tenant waives, or is presumed to
4have waived, the tenant's right to counsel under sub. (1) (b) or (c), the court may
5discharge counsel.
AB698,12,7 6(5) Retained counsel. Notwithstanding subs. (1) to (3), a residential tenant
7is entitled to retain counsel of the tenant's own choosing at the tenant's own expense.
AB698,25 8Section 25. 977.02 (2m) of the statutes is amended to read:
AB698,12,129 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
10chapter, including legal services for persons who are entitled to be represented by
11counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60,
1255.105, 799.425, 938.23 (4), or 980.03 (2) (a).
AB698,26 13Section 26. 977.05 (4) (gm) of the statutes is amended to read:
AB698,12,2014 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
15referrals from judges and courts for the provision of legal services without a
16determination of indigency of children who are entitled to be represented by counsel
17under s. 48.23 or 938.23 or persons who are entitled to be represented by counsel
18under s. 51.60, 55.105, 799.425, or 980.03 (2) (a), appoint counsel in accordance with
19contracts and policies of the board, and inform the referring judge or court of the
20name and address of the specific attorney who has been assigned to the case.
AB698,27 21Section 27. 977.05 (4) (i) 10. of the statutes is created to read:
AB698,12,2322 977.05 (4) (i) 10. Cases involving persons who are entitled to counsel under s.
23799.425.
AB698,28 24Section 28. 977.08 (1) of the statutes is amended to read:
AB698,13,6
1977.08 (1) If the representative or the authority for indigency determinations
2specified under s. 977.07 (1) refers a case to or within the office of the state public
3defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, 799.425, 938.23 (4),
4or 980.03 (2) (a), the state public defender shall assign counsel according to subs. (3)
5and (4). If a defendant makes a request for change of attorney assignment, the
6change of attorney must be approved by the circuit court.
AB698,29 7Section 29. 977.08 (2) (intro.) of the statutes is amended to read:
AB698,13,118 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
9state public defender that a set of lists is being prepared of attorneys willing to
10represent persons referred under s. 48.23 (4), 51.60, 55.105, 799.425, 938.23 (4), or
11980.03 (2) (a) and indigent clients in the following:
AB698,30 12Section 30. 977.08 (2) (i) of the statutes is created to read:
AB698,13,1413 977.08 (2) (i) Cases involving persons who are entitled to counsel under s.
14799.425.
AB698,31 15Section 31. Initial applicability.
AB698,13,2016 (1) The treatment of ss. 704.145 (2), 704.17 (4), 799.05 (8), 799.12 (6) (c), 799.14
17(2), 799.16 (3) (b) and (4) (d), 799.20 (1) and (3), 799.22 (4) (b) 4., 799.40 (4) (c), 799.41
18(1), and 799.425, the renumbering and amendment of s. 799.20 (4), and the creation
19of s. 799.20 (4) (a) first apply to a residential eviction action commenced on the
20effective date of this subsection.
AB698,13,2321 (2) The treatment of s. 704.145 (1) first applies to a residential rental
22agreement or addendum to an agreement entered into, modified, or renewed on the
23effective date of this subsection.
AB698,13,2424 (End)
Loading...
Loading...