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Wisconsin Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Wisconsin Courts website
for updated and complete rules of civil procedure
in Wisconsin.
Rules of Civil Procedure in
Wisconsin:
801.095 Summons form.
The summons shall be
substantially in one of the forms
specified in subs. (1) to (4). The
applicable form depends on the type
of service and on whether a
complaint is served with the
summons, in accordance with s.
801.09. The forms are:
- Personal service; complaint
attached.
STATE OF WISCONSIN CIRCUIT
COURT: ___________ COUNTY
A. B. Address City, State Zip
Code File No._______,
, Plaintiff
vs. S U M M O N S
C. D.
Address _______(Case
Classification Type): _______
(Code No.)
City, State Zip Code
, Defendant
THE STATE OF WISCONSIN, To each
person named above as a
Defendant:
You are hereby notified that the
Plaintiff named above has filed
a lawsuit or other legal action
against you. The complaint,
which is attached, states the
nature and basis of the legal
action.
Within 45 days of receiving this
summons, you must respond with a
written answer, as that term is
used in chapter 802 of the
Wisconsin Statutes, to the
complaint. The court may reject
or disregard an answer that does
not follow the requirements of
the statutes. The answer must be
sent or delivered to the court,
whose address is _____, and to
_____, Plaintiff's attorney,
whose address is _____. You may
have an attorney help or
represent you.
If you do not provide a proper
answer within 45 days, the court
may grant judgment against you
for the award of money or other
legal action requested in the
complaint, and you may lose your
right to object to anything that
is or may be incorrect in the
complaint. A judgment may be
enforced as provided by law. A
judgment awarding money may
become a lien against any real
estate you own now or in the
future, and may also be enforced
by garnishment or seizure of
property.
Dated: _____, _____ (year)
Signed: __________ __________
A. B., Plaintiff or E. F.,
Plaintiff's Attorney State Bar
No.: _____ Address: _______
City, State Zip Code: _______
Phone No: _____
NOTE: Sub. (1) is shown as
affected by two acts of the 1997
legislature and as merged by the
revisor under s. 13.93 (2) (c).
- Personal service; no
complaint attached.
STATE OF WISCONSIN CIRCUIT
COURT: ___________ COUNTY
A. B. Address City, State Zip
Code File No._______,
, Plaintiff
vs. S U M M O N S
C. D.
Address _______(Case
Classification Type): _______
(Code No.)
City, State Zip Code
, Defendant
THE STATE OF WISCONSIN, To each
person named above as a
Defendant:
You are hereby notified that the
Plaintiff named above has filed
a lawsuit or other legal action
against you.
Within 45 days of receiving this
summons, you must respond with a
written demand for a copy of the
complaint. The demand must be
sent or delivered to the court,
whose address is _____, and to
_____, Plaintiff's attorney,
whose address is _____. You may
have an attorney help or
represent you.
If you do not demand a copy of
the complaint within 45 days,
the court may grant judgment
against you for the award of
money or other legal action
requested in the complaint, and
you may lose your right to
object to anything that is or
may be incorrect in the
complaint. A judgment may be
enforced as provided by law. A
judgment awarding money may
become a lien against any real
estate you own now or in the
future, and may also be enforced
by garnishment or seizure of
property.
Dated: _____, _____ (year)
Signed: ____________
A. B., Plaintiff
or
E. F., Plaintiff's Attorney
State Bar No.: _____
Address: _____
City, State Zip Code: _____
Phone No.: _____
NOTE: Sub. (2) is shown as
affected by two acts of the 1997
legislature and as merged by the
revisor under s. 13.93 (2) (c).
- No personal service;
complaint served at the same
time.
STATE OF WISCONSIN CIRCUIT
COURT: ___________ COUNTY
A. B. Address City, State Zip
Code File No._______,
, Plaintiff
vs. S U M M O N S
C. D.
Address _______(Case
Classification Type): _______
(Code No.)
City, State Zip Code
, Defendant
THE STATE OF WISCONSIN, To each
person named above as a
Defendant:
You are hereby notified that the
Plaintiff named above has filed
a lawsuit or other legal action
against you. The complaint,
which is also served upon you,
states the nature and basis of
the legal action.
Within 45 days after _____,
_____ (year), you must respond
with a written answer, as that
term is used in chapter 802 of
the Wisconsin Statutes, to the
complaint. The court may reject
or disregard an answer that does
not follow the requirements of
the statutes. The answer must be
sent or delivered to the court,
whose address is _____, and to
_____, Plaintiff's attorney,
whose address is _____. You may
have an attorney help or
represent you.
If you do not provide a proper
answer within 45 days, the court
may grant judgment against you
for the award of money or other
legal action requested in the
complaint, and you may lose your
right to object to anything that
is or may be incorrect in the
complaint. A judgment may be
enforced as provided by law. A
judgment awarding money may
become a lien against any real
estate you own now or in the
future, and may also be enforced
by garnishment or seizure of
property.
Dated: _____, _____ (year)
Signed: ____________
A. B., Plaintiff
or
E. F., Plaintiff's Attorney
State Bar No.: _____
Address: _____
City, State Zip Code: _____
Phone No.: _____
NOTE: Sub. (3) is shown as
affected by two acts of the 1997
legislature and as merged by the
revisor under s. 13.93 (2) (c).
801.095 - ANNOT. NOTE: 1999 Wis.
Act 32 mistakenly stated "40
days" rather than "45 days" in
the 3rd full paragraph of the
form. The form is printed here
with the correct number.
Legislation is pending that
confirms that no change to the
3rd paragraph of the form was
intended.
- No personal service;
complaint not served at the same
time.
STATE OF WISCONSIN CIRCUIT
COURT: ___________ COUNTY
A. B. Address City, State Zip
Code File No._______,
, Plaintiff
vs. S U M M O N S
C. D.
Address _______(Case
Classification Type): _______
(Code No.)
City, State Zip Code
, Defendant
THE STATE OF WISCONSIN, To each
person named above as a
Defendant:
You are hereby notified that the
plaintiff named above has filed
a lawsuit or other legal action
against you.
Within 45 days after _____,
_____ (year), you must respond
with a written demand for a copy
of the complaint. The demand
must be sent or delivered to the
court, whose address is _____,
and to _____, Plaintiff's
attorney, whose address is
_____. You may have an attorney
help or represent you.
If you do not demand a copy of
the complaint within 45 days,
the court may grant judgment
against you for the award of
money or other legal action
requested in the complaint, and
you may lose your right to
object to anything that is or
may be incorrect in the
complaint. A judgment may be
enforced as provided by law. A
judgment awarding money may
become a lien against any real
estate you own now or in the
future, and may also be enforced
by garnishment or seizure of
property.
Dated: _____, _____ (year)
Signed: ____________
A. B., Plaintiff
or
E. F., Plaintiff's Attorney
State Bar No.: _____
Address: _____
City, State Zip Code: _____
Phone No.: _____
NOTE: Sub. (4) is shown as
affected by two acts of the 1997
legislature and as merged by the
revisor under s. 13.93 (2) (c).
History: 1983 a. 323; Sup Ct.
Order, 171 Wis. 2d xix (1992);
1997 a. 187, 250; 1999 a. 32; s.
13.93(2)(c).
801.10
Summons, by whom served.
- Who may serve. 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.
- Endorsement. At the time of
service, the person who serves a
copy of the summons shall sign
the summons and shall indicate
thereon the time and date, place
and manner of service and upon
whom service was made. If the
server is a sheriff or deputy
sheriff, the server's official
title shall be stated. Failure
to make the endorsement shall
not invalidate a service but the
server shall not collect fees
for the service.
- Proof of service. The person
making service shall make and
deliver proof of service to the
person on whose behalf service
was made who shall promptly file
such proof of service. Failure
to make, deliver, or file proof
of service shall not affect the
validity of the service.
- Proof if service challenged.
If the defendant appears in the
action and challenges the
service of summons upon the
defendant, proof of service
shall be as follows:
- Personal or substituted
personal service shall be
proved by the affidavit of
the server indicating the
time and date, place and
manner of service, that the
server is an adult resident
of the state of service not
a party to the action, that
the server knew the person
served to be the defendant
named in the summons and
that the server delivered to
and left with the defendant
an authenticated copy of the
summons. If the defendant is
not personally served, the
server shall state in the
affidavit when, where and
with whom the copy was left,
and shall state such facts
as show reasonable diligence
in attempting to effect
personal service on the
defendant. If the copy of
the summons is served by a
sheriff or deputy sheriff of
the county in this state
where the defendant was
found, proof may be by the
sheriff's or deputy's
certificate of service
indicating time and date,
place, manner of service
and, if the defendant is not
personally served, the
information required in the
preceding sentence. The
affidavit or certificate
constituting proof of
service under this paragraph
may be made on an
authenticated copy of the
summons or as a separate
document.
- Service by publication
shall be proved by the
affidavit of the publisher
or printer, or the foreman
or principal clerk, stating
that the summons was
published and specifying the
date of each insertion, and
by an affidavit of mailing
of an authenticated copy of
the summons, with the
complaint or notice of the
object of the action, as the
case may require, made by
the person who mailed the
same.
- The written admission of
the defendant, whose
signature or the
subscription of whose name
to such admission shall be
presumptive evidence of
genuineness.
History: Sup. Ct. Order, 67
Wis. 2d 585, 600 (1975);
1975 c. 218; Sup. Ct. Order,
92 Wis. 2d xiii (1979).
Judicial Council Committee's
Note, 1979: Sub. (2) is
amended to clarify that the
individual who serves the
summons on behalf of the
plaintiff under the
procedures in the Wisconsin
Rules of Civil Procedure
must indicate on the copy of
the summons served both the
time and date of service.
There is presently a lack of
uniformity of interpretation
in Wisconsin of the term
"time" in 801.10 (2). Some
jurisdictions interpret it
to include time and date of
service while other
jurisdictions interpret it
as only the date of service.
Clarifying that both the
time and date of service
must be indicated in the
serving of the summons will
insure that this potentially
valuable information is
noted on the served copy of
every summons in Wisconsin.
Sub. (4) (a) is amended to
also apply the requirement
for indicating time and date
of service to the affidavits
and certificates of service
used when proof of service
is challenged. [Re Order
effective Jan. 1, 1980]
Case Notes:
- A party is required to
show strict compliance with the
requirements of this section
when service is challenged.
Dietrich v. Elliot, 190 Wis. 2d
816, 528 N.W.2d 17 (Ct. App.
1995).
- Service by a nonresident
constitutes a fundamental defect
compelling dismissal for lack of
jurisdiction. Bendimez v.
Neidermire, 222 Wis. 2d 356, 588
N.W.2d 55 (Ct. App. 1998).
801.11
Personal jurisdiction, manner of
serving summons for.
A court of this state having
jurisdiction of the subject matter
and grounds for personal
jurisdiction as provided in s.
801.05 may exercise personal
jurisdiction over a defendant by
service of a summons as follows:
- NATURAL PERSON. Except as
provided in sub. (2) upon a
natural person:
- By personally serving
the summons upon the
defendant either within or
without this state.
- If with reasonable
diligence the defendant
cannot be served under par.
(a), then by leaving a copy
of the summons at the
defendant's usual place of
abode:
- In the presence of
some competent member of
the family at least 14
years of age, who shall
be informed of the
contents thereof;
1m. In the presence of a
competent adult,
currently residing in
the abode of the
defendant, who shall be
informed of the contents
of the summons; or
- Pursuant to the law
for the substituted
service of summons or
like process upon
defendants in actions
brought in courts of
general jurisdiction of
the state in which
service is made.
- If with reasonable
diligence the defendant
cannot be served under par.
(a) or (b), service may be
made by publication of the
summons as a class 3 notice,
under ch. 985, and by
mailing. If the defendant's
post-office address is known
or can with reasonable
diligence be ascertained,
there shall be mailed to the
defendant, at or immediately
prior to the first
publication, a copy of the
summons and a copy of the
complaint. The mailing may
be omitted if the
post-office address cannot
be ascertained with
reasonable diligence.
- In any case, by serving
the summons in a manner
specified by any other
statute upon the defendant
or upon an agent authorized
by appointment or by law to
accept service of the
summons for the defendant.
- NATURAL PERSON UNDER
DISABILITY. Upon a natural
person under disability by
serving the summons in any
manner prescribed in sub. (1)
upon such person under
disability and, in addition,
where required by par. (a) or
(b), upon a person therein
designated. A minor 14 years of
age or older who is not mentally
incompetent and not otherwise
under guardianship is not a
person under disability for
purposes of this subsection.
- Where the person under
disability is a minor under
the age of 14 years, summons
shall be served separately
in any manner prescribed in
sub. (1) upon a parent or
guardian having custody of
the child, or if there is
none, upon any other person
having the care and control
of the child. If there is no
parent, guardian or other
person having care and
control of the child when
service is made upon the
child, then service of the
summons shall also be made
upon the guardian ad litem
after appointment under s.
803.01.
- Where the person under
disability is known by the
plaintiff to be under
guardianship of any kind, a
summons shall be served
separately upon the guardian
in any manner prescribed in
sub. (1), (5) or (6). If no
guardian has been appointed
when service is made upon a
person known to the
plaintiff to be incompetent
to have charge of the
person's affairs, then
service of the summons shall
be made upon the guardian ad
litem after appointment
under s. 803.01.
- STATE. Upon the state, by
delivering a copy of the summons
and of the complaint to the
attorney general or leaving them
at the attorney general's office
in the capitol with an assistant
or clerk.
- OTHER POLITICAL CORPORATIONS
OR BODIES POLITIC.
- Upon a political
corporation or other body
politic, by personally
serving any of the specified
officers, directors, or
agents:
- If the action is
against a county, the
chairperson of the
county board or the
county clerk;
- If against a town,
the chairperson or clerk
thereof;
- If against a city,
the mayor, city manager
or clerk thereof;
- If against a
village, the president
or clerk thereof;
- If against a
technical college
district, the district
board chairperson or
secretary thereof;
- If against a school
district or school
board, the president or
clerk thereof; and
- If against any other
body politic, an
officer, director, or
managing agent thereof.
- In lieu of delivering
the copy of the summons to
the person specified, the
copy may be left in the
office of such officer,
director or managing agent
with the person who is
apparently in charge of the
office.
- DOMESTIC OR FOREIGN
CORPORATIONS OR LIMITED
LIABILITY COMPANIES, GENERALLY.
Upon a domestic or foreign
corporation or domestic or
foreign limited liability
company:
- By personally serving
the summons upon an officer,
director or managing agent
of the corporation or
limited liability company
either within or without
this state. In lieu of
delivering the copy of the
summons to the officer
specified, the copy may be
left in the office of such
officer, director or
managing agent with the
person who is apparently in
charge of the office.
- If with reasonable
diligence the defendant
cannot be served under par.
(a), then the summons may be
served upon an officer,
director or managing agent
of the corporation or
limited liability company by
publication and mailing as
provided in sub. (1).
- By serving the summons
in a manner specified by any
other statute upon the
defendant or upon an agent
authorized by appointment or
by law to accept service of
the summons for the
defendant.
- If against any insurer,
to any agent of the insurer
as defined by s. 628.02.
Service upon an agent of the
insurer is not valid unless
a copy of the summons and
proof of service is sent by
registered mail to the
principal place of business
of the insurer within 5 days
after service upon the
agent. Service upon any
insurer may also be made
under par. (a).
- PARTNERS AND PARTNERSHIPS. A
summons shall be served
individually upon each general
partner known to the plaintiff
by service in any manner
prescribed in sub. (1), (2) or
(5) where the claim sued upon
arises out of or relates to
partnership activities within
this state sufficient to subject
a defendant to personal
jurisdiction under s. 801.05 (2)
to (10). A judgment rendered
under such circumstances is a
binding adjudication
individually against each
partner so served and is a
binding adjudication against the
partnership as to its assets
anywhere.
History: Sup. Ct. Order, 67
Wis.2d 585, 602 (1975); 1975 c.
218; 1977 c. 339 s. 43; 1979 c.
89, 102, 177; 1983 a. 192 s. 303
(2); 1985 a. 225; Sup. Ct.
Order, 130 Wis.2d xix (1986);
1993 a. 112, 184, 265, 399, 491;
1997 a. 140.
Cross-reference: As to service
on corporation, see also s.
180.0504.
Judicial Council Note, 1986:
Sub. (1) (b) is amended to
permit substituted service upon
residents of other states.
Service upon nonresidents may be
made either as provided for
Wisconsin residents or in
accordance with the substituted
service rule of the state
wherein service is made. [Re
Order eff. 7-1-86]
There is no requirement in cases
of substituted service that the
affidavit recite that the
process server used "reasonable
diligence" in attempting to make
personal service, but
substituted service after 2
calls when defendant was not
found, with no effort to learn
where he was, was not sufficient
to support jurisdiction. Heaston
v. Austin, 47 Wis.2d 67, 176
N.W.2d 309.
Where a village is defendant,
service is void if made upon the
clerk's wife in his absence.
Town of Washington v. Village of
Cecil, 53 Wis.2d 710, 193 N.W.2d
674.
The words "apparently in charge
of the office" in (5) (a) refer
to what is apparent to the
process server. When a
receptionist referred the
process server to her superior,
who did not send the server to
the proper office, the server
could serve him, particularly
since the superior had accepted
service of process in other
actions without objection by the
company. Keske v. Square D Co.
58 Wis.2d 307, 206 N.W.2d 189.
Where personal jurisdiction is
challenged under the "long arm"
statutes, the burden is on the
plaintiff to prove prima facie
the facts supporting
jurisdiction. A plaintiff who
relies on (5) is required to
establish as a predicate that
the defendant entered into some
consensual agreement with the
plaintiff which contemplated a
substantial contact in
Wisconsin. Afram v. Balfour,
Maclaine, Inc. 63 Wis.2d 702,
218 N.W.2d 288.
Where affidavit of service under
(5) (a) did not identify person
served as one specified in (5)
(a), no presumption of due
service was raised. Danielson v.
Brody Seating Co. 71 Wis.2d 424,
238 N.W.2d 531.
Where husband could have
ascertained wife's address by
contacting any one of several
relatives and in-laws,
prerequisite "due diligence" for
service by publication was not
established, despite sheriff's
affidavit. West v. West, 82
Wis.2d 158, 262 N.W.2d 87.
County civil service commission
is "body politic" under (4) (a)
7. Watkins v. Milwaukee County
Civil Service Comm. 88 Wis.2d
411, 276 N.W.2d 775 (1979).
Exact identity and job title of
person upon whom service was
made was not critical to issue
of whether person was
"apparently in charge of office"
under (5) (a). Horrigan v. State
Farm Ins. Co. 106 Wis.2d 675,
317 N.W.2d 474 (1982).
See note to 62.13, citing Gibson
v. Racine Police & Fire Comm.
123 Wis.2d 150, 366 N.W.2d 144
(Ct. App. 1985).
"Reasonable diligence" under (1)
discussed. Welty v. Heggy, 124
Wis.2d 318, 369 N.W.2d 763 (Ct.
App. 1985).
Indian tribal sovereignty is not
infringed by service of process
in a state action made on tribal
lands. Landerman v. Martin, 191
Wis.2d 788, 530 N.W.2d 62 (Ct.
App. 1995).
Service of process on some of
the partners in a general
partnership is sufficient to
properly commence a civil action
against the partnership that
will be binding on the
partnership assets and the
partners served. CH2M Hill, Inc.
v. Black & Veatch, 206 Wis.2d
369, 557 N.W.2d 829 (Ct. App.
1996).
Admission of service by an
assistant attorney general or a
clerk specifically designated
for that purpose by the attorney
general will constitute service
of process within the meaning of
(3). 63 Atty. Gen. 467.
See note to 801.05, citing
Chilcote v. Shertzer, 372 F
Supp. 86.
NOTE: Section 801.11 (7) was
repealed by 1997 Wis. Act 140.
Corrective legislation is
pending.
801.13
Summons; when deemed served.
A summons is deemed served as
follows:
- A summons served personally
upon the defendant or by
substituted personal service
upon another authorized to
accept service of the summons
for the defendant is deemed
served on the day of service.
- A summons served by
publication is deemed served on
the first day of required
publication.
History: Sup. Ct. Order, 67
Wis.2d 585, 607 (1975).
805.07
Subpoena.
ISSUANCE AND SERVICE.
Subpoenas shall be issued and
served in accordance with ch. 885. A
subpoena may also be issued by any
attorney of record in a civil action
or special proceeding to compel
attendance of witnesses for
deposition, hearing or trial in the
action or special proceeding.
SUBPOENA REQUIRING THE
PRODUCTION OF MATERIAL.
- A subpoena may command the
person to whom it is directed to
produce the books, papers,
documents or tangible things
designated therein.
- Notice of a third-party
subpoena issued for discovery
purposes shall be provided to
all parties at least 10 days
before the scheduled deposition
in order to preserve their right
to object. If a third-party
subpoena requests the production
of books, papers, documents or
tangible things that are within
the scope of discovery under s.
804.01 (2) (a), those objects
shall not be provided before the
time and date specified in the
subpoena. The provisions under
this paragraph apply unless all
of the parties otherwise agree.
PROTECTIVE ORDERS.
Upon motion made promptly and in
any event at or before the time
specified in the subpoena for
compliance therewith, the court may
(a) quash or modify the subpoena if
it is unreasonable and oppressive or
(b) condition denial of the motion
upon the advancement by the person
in whose behalf the subpoena is
issued of the reasonable cost of
producing the books, papers,
documents, or tangible things
designated therein.
FORM.
- The subpoena shall be in the
following form:
SUBPOENA
STATE OF WISCONSIN
________ County
THE STATE OF WISCONSIN, TO
________ :
Pursuant to section 805.07 of
the Wisconsin Statutes, you are
hereby commanded to appear in
person before [____ designating
the court, officer, or person
and place of appearance], on
[____ date] at ____ o'clock __.
M., to give evidence in an
action between ____, plaintiff,
and ____, defendant. [Insert
clause requiring the production
of material, if appropriate].
Failure to appear may result in
punishment for contempt which
may include monetary penalties,
imprisonment and other
sanctions. Issued this ____ day
of ____, ____ (year)
[Handwritten Signature]
Attorney for [identify party]
(or other official title)
[Address]
[Telephone Number]
- For a subpoena requiring the
production of material, the
following shall be inserted in
the foregoing form: You are
further commanded to bring with
you the following: [describing
as accurately as possible the
books, papers, documents or
other tangible things sought].
SUBSTITUTED SERVICE.
A subpoena may be served in the
manner provided in s. 885.03 except
that substituted personal service
may be made only as provided in s.
801.11 (1) (b) and except that
officers, directors, and managing
agents of public or private
corporations or limited liability
companies subpoenaed in their
official capacity may be served as
provided in s. 801.11 (5) (a).
(6) Motions under sub. (3) may be
heard as prescribed in s. 807.13.
History: Sup. Ct. Order, 67 Wis.2d
585, 697 (1975); 1979 c. 110; Sup.
Ct. Order, 141 Wis.2d xiii (1987);
1987 a. 155; 1993 a. 112; Sup. Ct.
Order, No. 95-09, 195 Wis.2d xiii
(1996); 1997 a. 250.
Judicial Council Note, 1988: Sub.
(6) [created] allows motions for
protective orders to be heard by
telephone conference. [Re Order
effective Jan. 1, 1988]
Judicial Council Note, 1995: Sub.
(2) (b) requires notice of
third-party discovery subpoenas in
order to preserve the right of other
parties to move to quash them. Court
may quash under (3) only subpoena to
compel production of tangible
things, not subpoena to compel
attendance of witnesses. State v.
Gilbert, 109 Wis.2d 501, 326 N.W.2d
744 (1982).
885.01
Subpoenas, who may issue.
The subpoena need not be sealed,
and may be signed and issued as
follows:
- By any judge or clerk of a
court or court commissioner or
municipal judge, within the
territory in which the officer
or the court of which he or she
is the officer has jurisdiction,
to require the attendance of
witnesses and their production
of lawful instruments of
evidence in any action, matter
or proceeding pending or to be
examined into before any court,
magistrate, officer, arbitrator,
board, committee or other person
authorized to take testimony in
the state.
- By the attorney general or
any district attorney or person
acting in his or her stead, to
require the attendance of
witnesses, in behalf of the
state, in any court or before
any magistrate and from any part
of the state.
- By the chairperson of any
committee of any county board,
town board, common council or
village board to investigate the
affairs of the county, town,
city or village, or the official
conduct or affairs of any
officer thereof.
- By any arbitrator, coroner,
medical examiner, board,
commission, commissioner,
examiner, committee or other
person authorized to take
testimony, or by any member of a
board, commission, authority or
committee which is authorized to
take testimony, within their
jurisdictions, to require the
attendance of witnesses, and
their production of documentary
evidence before them,
respectively, in any matter,
proceeding or examination
authorized by law; and likewise
by the secretary of revenue and
by any agent of the department
of agriculture, trade and
consumer protection.
- (5) By the department of
workforce development or a
county child support agency
under s. 59.53 (5) in the
administration of ss. 49.145,
49.19, 49.22, 49.46 and 49.47
and programs carrying out the
purposes of 7 U.S.C. § 2011 to
2029.
History: 1971 c. 164; 1973 c.
272, 305, 336; 1977 c. 29 s.
1650m (4); 1977 c. 305; 1979 c.
34; 1989 a. 56; 1993 a. 486;
1997 a. 191.
Cross-reference: See s. 805.07
concerning issuance of subpoenas
by attorneys of record.
See note to 71.74, citing State
v. Beno, 99 Wis.2d 77, 298
N.W.2d 405 (Ct. App. 1980).
See note to 120.13, citing
Racine Unified School Dist. v.
Thompson, 107 Wis.2d 657, 321
N.W.2d 334 (Ct. App. 1982).
See note to 227.46, citing 68
Atty. Gen. 251.
885.02
Form of subpoena.
- The subpoena may be in the
following form:
SUBPOENA
STATE OF WISCONSIN
________ County
THE STATE OF WISCONSIN, TO
________ :
You are hereby required to
appear before _______
(designating the court, officer
or person and place of
appearance), on the _______ day
of _______, at _______ o'clock
in the _______ noon of that day,
to give evidence in a certain
cause then and there to be tried
between _______, plaintiff, and
_______, defendant, on the part
of the _______ (or to give
evidence in the matter [state
sufficient to identify the
matter or proceeding in which
the evidence is to be given]
then and there to be heard, on
the part of _______). Failure to
appear may result in punishment
for contempt which may include
monetary penalties, imprisonment
and other sanctions.
Given under my hand this _______
day of _______, _______ (year)
_______ (Give official title)
- For a subpoena requiring the
production of materials, the
following or its equivalent may
be added to the foregoing form
(immediately before the
attestation clause): and you are
further required to bring with
you the following papers and
documents (describing them as
accurately as possible).
History: 1977 c. 305; 1979 c.
110; 1985 a. 332; 1987 a. 155;
1997 a. 250.
885.03
Service of subpoena.
Any subpoena may be served by any
person by exhibiting and reading it
to the witness, or by giving the
witness a copy thereof, or by
leaving such copy at the witness's
abode.
885.04
Municipal judge; subpoena served in
state.
A subpoena to require attendance
before a municipal judge may be
served anywhere in the state if
authorized by the municipal judge,
and shall require the attendance of
any witness so served.
History: 1977 c. 305.History: 1993
a. 486.
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