Wisconsin Summons in a Civil Action

State:
Wisconsin
Control #:
WI-SKU-0235
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PDF
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Description

Summons in a Civil Action

Wisconsin Summons in a Civil Action is a document used to notify a defendant of a pending lawsuit. The summons must be served upon the defendant prior to the filing of a complaint in order for the defendant to be given proper notice of the lawsuit. There are two types of Wisconsin Summons in a Civil Action: Personal Service Summons and Publication Summons. A Personal Service Summons is used when the defendant has an address in Wisconsin and the plaintiff has knowledge of the defendant's whereabouts. The summons must be served by a sheriff, process server, or other authorized representative. The summons must be served within 90 days of being issued by the court and must include a copy of the complaint and a notice of the defendant's right to request a jury trial. A Publication Summons is used when the plaintiff does not have knowledge of the defendant's whereabouts, or if the defendant cannot be found or is believed to have left the state. This summons must be published in a newspaper of general circulation in the county where the lawsuit is filed. This summons must also include a copy of the complaint and a notice of the defendant's right to request a jury trial. In both cases, the defendant must file a response to the summons within the specified time period in order to avoid a default judgment being entered against them.

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FAQ

Wisconsin Process Serving Requirements An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence.

Deadline: The person you are having subpoenaed must be served with the forms no later than ten (10) business days before the date of the hearing. The person serving the Subpoena on the other party or witness must complete the ?Service Information? section on the original and all copies of the Subpoena form.

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.

(a) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (b) A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one claim or defense or in separate claims or defenses.

The summons may be served in person, either inside or outside this state. A copy of the summons left at the defendant's normal residence will suffice if Wisconsin Process Service cannot be accomplished with reasonable care.

More info

To: (Defendant's name and address). Summons in a Civil Action.Download Form (pdf, 24. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. This is a basic checklist for answering a civil summons and complaint in North Dakota. State District Court. SERVICE in a CIVIL CASE: Frequently Asked Questions. 1. What is a "Summons"? Items 1 - 6 — Items 1-6 below must be completed (see instructions on page 2). A Summons is a notice that says there is a lawsuit.

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Wisconsin Summons in a Civil Action