SB658,,1919As provided under s. 799.425 of the Wisconsin Statutes, in an action against a tenant whose residential tenancy has been terminated for any reason, the tenant has a right to counsel at public expense and, once referred to the state public defender, the state public defender shall appoint counsel for the tenant under s. 977.08 of the Wisconsin Statutes without a determination of indigency, unless the tenant knowingly and voluntarily waives the right to counsel. A tenant who wants counsel appointed must appear on the return date specified in the attached summons or contact the clerk of court on or before the return date at .... (contact information) to request that counsel be appointed. SB658,520Section 5. 799.09 of the statutes is amended to read: SB658,,2121799.09 Public information. Information The clerk of court shall disseminate and publicize throughout the county information regarding the existence, location, and hours of the circuit court’s small claims system shall be disseminated and publicized throughout the county by the clerk of court. Each county shall produce and make available to all litigants in small claims actions publications explaining the procedures to be followed by litigants in small claims actions and information regarding the rights of tenants in residential eviction actions to have counsel provided at public expense, as provided under s.799.425. SB658,622Section 6. 799.12 (6) (c) (intro.) of the statutes is amended to read: SB658,,2323799.12 (6) (c) (intro.) If the defendant’s post-office address cannot be ascertained with reasonable diligence, the mailing may be omitted and service may be made by publishing as a class 1 notice under ch. 985 a notice in substantially the following form, except as provided in s. 799.22 (4) (b) 3., along with the notice required under s. 799.05 (8), if applicable: SB658,724Section 7. 799.14 (2) of the statutes is amended to read: SB658,,2525799.14 (2) Effect of actual appearance. This section shall not apply to a defendant who actually appeared and submitted to the jurisdiction of the court without filing application as provided in sub. (1), unless the defendant is a tenant in a residential eviction action who was not represented by counsel and did not waive the tenant’s right to counsel as provided under s. 799.425 (1) (b). SB658,826Section 8. 799.16 (3) (b) of the statutes is amended to read: SB658,,2727799.16 (3) (b) In all other cases where in which 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) or (d) 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. SB658,928Section 9. 799.16 (4) (c) (title) of the statutes is amended to read: SB658,,2929799.16 (4) (c) (title) Notice in nonresidential eviction. SB658,1030Section 10. 799.16 (4) (d) of the statutes is created to read: SB658,,3131799.16 (4) (d) Notice in residential eviction. SB658,,3232STATE OF WISCONSIN SB658,,3636Take 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. SB658,,3737Unless 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. SB658,,3838NOTICE OF RIGHT TO COUNSEL IN EVICTION ACTIONS SB658,,3939As provided under s. 799.425 of the Wisconsin Statutes, you have a right to counsel in the eviction action at public expense and, once referred to the state public defender, the state public defender shall appoint counsel for you under s. 977.08 of the Wisconsin Statutes without a determination of indigency, unless you knowingly and voluntarily waive the right to counsel. If you want counsel appointed for you, you must appear on the date specified above or contact the clerk of court on or before that date at .... (contact information) to request that counsel be appointed. SB658,,4040Dated: ...., .... (year) SB658,,4141.... Plaintiff SB658,,4242By .... Plaintiff’s Attorney SB658,1143Section 11. 799.20 (title) of the statutes is amended to read: SB658,,4444799.20 (title) Answer; counterclaim and cross complaint; tenant request for counsel. SB658,1245Section 12. 799.20 (1) of the statutes is amended to read: SB658,,4646799.20 (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 or, if applicable, request the appointment of counsel under s. 799.425. SB658,1347Section 13. 799.20 (3) of the statutes is created to read: