Wisconsin Legislature: AB702,4,9

AB702,3,1815 If you wish to dispute this matter, you must then be in Room ...., of the ....
16(County) County Courthouse, .... (address), .... (city), Wisconsin before .... o'clock
17(a.m.) (p.m.), on ...., .... (year). If you do not appear, a judgment may be given to the
18person suing you for what that person is asking.

AB702,3,2019 You are encouraged to bring with you all papers and documents relating to this
20matter, but there is no need to bring witnesses at this time.

AB702,3,2121 Dated at .... County, Wisconsin, this .... day of ...., .... (year)

AB702,3,2222 Signed: .... ....

AB702,3,2323 E. F., Clerk of Circuit Court

AB702,3,2424 or

AB702,4,1

1 G. H., Plaintiff's Attorney

AB702,4,22 State Bar No.: ....

AB702,4,33 Address: ....

AB702,4,44 City, State Zip Code: ....

AB702,4,55 Phone No.: ....

AB702,4 6Section 4. 799.06 (3) (a) of the statutes is amended to read:

AB702,4,97 799.06 (3) (a) The complaint in an eviction action shall conform to s. 799.41.
8The complaint in other actions under this chapter shall be in writing and shall be
9substantially in the following form:

AB702,4,1010 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

AB702,4,1212 A. B.

AB702,4,1313 Address

AB702,4,1414 City, State Zip Code File No. ....

AB702,4,1515 , Plaintiff

AB702,4,1616 vs. C O M P L A I N T

AB702,4,1717 C. D.

AB702,4,1818 Address .... (Case Classification Type): .... (Code No.)

AB702,4,1919 City, State Zip Code

AB702,4,2020 , Defendant

AB702,4,2222 For the Plaintiff's claim against Defendant, Plaintiff states that:

AB702,5,3

11. Plaintiff's injuries or losses occurred on or about .... (month and day), ....
2(year), and under the following circumstances (brief statement of the facts of
3plaintiff's claim):

AB702,5,118 2. Wherefore, Plaintiff demands judgment for (return of property) (relief from
9extrajudicial eviction) (confirmation, vacation, modification or correction of
10arbitration award) (the sum of $....) plus attorney fees, if any, costs of this suit and
11such other relief as the court deems proper.

AB702,5,1212 Signed: ....

AB702,5,1313 A. B., Plaintiff

AB702,5,1414 or

AB702,5,1515 E. F., Plaintiff's Attorney

AB702,5,1616 State Bar No.: ....

AB702,5,1717 Address: ....

AB702,5,1818 City, State Zip Code: ....

AB702,5,1919 Phone No.: ....

AB702,5 20Section 5. 799.12 (3) of the statutes is amended to read:

AB702,6,1021 799.12 (3) If authorized by court rule under sub. (2), service may be made by
22mail by filing the summons with the clerk of court, together with a request for mail
23service and the fee prescribed in s. 814.62 (4). The court shall require the use of
24certified mail with return receipt requested for all eviction and relief from
25extrajudicial eviction cases for which service by mail is authorized under sub. (2),

1and for all other cases may by rule require the use of certified mail with return receipt
2requested. Whenever the use of certified mail is required, the additional fee
3prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a
4copy to each defendant at the last-known address as specified in the summons.
5Service of the summons is considered completed when it is mailed, unless the
6envelope enclosing the summons has been returned unopened to the clerk prior to
7the return date. All mailing of summonses shall be done in envelopes upon which
8the clerk's return address appears, with a request to return to that address. Service
9by mail to obtain a personal judgment shall be limited to the county where the action
10is commenced.

AB702,6 11Section 6. 799.16 (4) (c) of the statutes is amended to read:

AB702,6,1212 799.16 (4) (c) Notice in eviction and relief from extrajudicial eviction.

AB702,6,1313 STATE OF WISCONSIN

AB702,6,1414 CIRCUIT COURT

AB702,6,1515 .... COUNTY

AB702,6,1616 TO:

AB702,6,2017 Take notice that an eviction action (eviction action) (action for relief from
18extrajudicial eviction) has been commenced against you to recover the possession of
19the following described premises ...., of which I, the plaintiff, am entitled to
20possession, but which you have unlawfully detained from me.

AB702,6,2521 Unless you appear and defend on the .... day of ...., .... (year), at .... o'clock ..M.,
22in the circuit court of .... county, located in the courthouse in the city of ...., before the
23Honorable ...., a Judge of said court, or before any judge to whom the action may be
24assigned, judgment may be rendered against you for the restitution of said premises
25and for costs.

AB702,7,1

1Dated: ...., .... (year)

AB702,7,22 .... Plaintiff

AB702,7,33 By .... Plaintiff's Attorney

AB702,7 4Section 7. 799.20 (4) of the statutes is amended to read:

AB702,7,175 799.20 (4) Inquiry of defendant who appears on return date. If the defendant
6appears on the return date of the summons or any adjourned date thereof, the court
7or circuit court commissioner shall make sufficient inquiry of the defendant to
8determine whether the defendant claims a defense to the action. If it appears to the
9court or circuit court commissioner that the defendant claims a defense to the action,
10the court or circuit court commissioner shall schedule a trial of all the issues involved
11in the action, unless the parties stipulate otherwise or the action is subject to
12immediate dismissal. In a residential eviction action or action for relief from
13extrajudicial eviction, the court or circuit court commissioner shall hold and
14complete a court or jury trial of the issue of possession of the premises involved in
15the action within 30 days of the return date of the summons or any adjourned date
16thereof, unless the parties stipulate otherwise or the action is subject to immediate
17dismissal.

AB702,8 18Section 8. 799.206 (3) of the statutes is amended to read:

AB702,7,2419 799.206 (3) When all parties appear in person or by their attorneys on the
20return date in an eviction, relief from extrajudicial eviction, garnishment, or replevin
21action and any party raises valid legal grounds for a contest, the matter shall be
22forthwith scheduled for a hearing, to be held as soon as possible before a judge and
23in the case of an eviction action or action for relief from extrajudicial eviction, not
24more than 30 days after the return date.

AB702,9 25Section 9. 799.21 (3) (a) of the statutes is amended to read:

AB702,8,5

1799.21 (3) (a) Any party may, upon payment of the fees prescribed in ss. 814.61
2(4) and 814.62 (3) (e), file a written demand for trial by jury. If no party demands a
3trial by jury, the right to trial by jury is waived forever. In eviction actions and actions
4for relief from extrajudicial eviction, the demand shall be filed at or before the time
5of joinder of issue; in all other actions within 20 days thereafter.

AB702,10 6Section 10. 799.21 (3) (b) of the statutes is amended to read:

AB702,8,167 799.21 (3) (b) In counties in which a circuit court commissioner is assigned to
8assist in small claims matters, except in eviction actions and actions for relief from
9extrajudicial eviction which shall be governed by par. (a), demand for trial by jury
10shall be made at the time a demand for trial is filed. If the party requesting a trial
11does not request a jury trial, any other party may request a jury trial by filing the
12request with the court and mailing copies to all other parties within 15 days from the
13date of mailing of the demand for trial or the date on which personal notice of demand
14is given, whichever is applicable. If no party demands a trial by jury, the right to trial
15by jury is waived forever. The fees prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall
16be paid when the demand for a trial by jury is filed.

AB702,11 17Section 11. 799.25 (10) (b) of the statutes is amended to read:

AB702,8,2218 799.25 (10) (b) In an action of replevin and attachment the value of the property
19recovered shall govern the amount of the attorney fees taxable. In an action of
20eviction or action for relief from extrajudicial eviction the attorney fees taxable shall
21be $10 plus such sum as is taxable under par. (a) on account of the recovery of
22damages.

AB702,12 23Section 12. 799.27 (1) of the statutes is amended to read:

AB702,9,424 799.27 (1) On request. Except in eviction actions and actions for relief from
25extrajudicial eviction, a party who appears on the return date shall be given, on

1request, an adjournment of at least 7 days, or such longer period as the court grants.
2In eviction actions and actions for relief from extrajudicial eviction, no adjournments
3shall be granted except for cause shown under sub. (2) and (3), unless with the
4consent of the plaintiff.

AB702,13 5Section 13. 799.47 of the statutes is created to read:

AB702,9,10 6799.47 Actions for relief from extrajudicial evictions. (1) When
7commenced. A civil action for relief from extrajudicial eviction may be commenced
8by a person entitled to the possession of real property if a landlord or landlord's agent
9has removed or attempted to remove the person or the person's belongings from the
10real property by any method other than by an action under s. 799.40.

AB702,9,13 11(2) Joinder of other claims. The plaintiff may join with the claim for
12restitution of the premises or other injunction any other claim against the defendant
13arising out of the defendant's extrajudicial eviction of the plaintiff.

AB702,9,23 14(3) Order for judgment. If the court finds that the plaintiff is entitled to
15possession of the premises, the court shall immediately enter an order for judgment
16for the restitution of the premises to the plaintiff. If an additional cause of action is
17joined under sub. (2) and the plaintiff prevails thereon, the court shall enter
18judgment for such other relief as the court orders. A court may grant an injunction
19against a person that has removed or attempted to remove a person entitled to the
20possession of real property or the person's belongings from the real property by any
21method other than by an action under s. 799.40. Chapter 813 governs any temporary
22or interlocutory injunction or ex parte restraining order in an action under this
23section. Judgment shall be entered accordingly as provided in s. 799.24.

AB702,9,2424 (End)