799.05 Summons.

411 words·~2 min read·/wi/chapter-799/799-05

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

799.05 Summons.

(1)Contents. The summons shall state the nature of the demand substantially in the terms of one or more of the provisions of s. 799.01 , and, except as provided in ss. 806.30 to 806.44 , the dollar amount of damages, if any, the last-known address of the parties and the name, state bar number, if any, address and telephone number of plaintiff’s attorney, if any. The caption shall include the standardized description of the case classification type and associated code number as approved by the director of state courts.

(2)Signing. The process shall be signed by the clerk or by any attorney duly authorized to practice law in this state and shall be issued by the clerk only to a person authorized to appear under s. 799.06

(2), and not otherwise.

(3)Return date.

(a)Every summons shall specify a return date and time.

(b)Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 25 days from the issue date, and service shall be made not less than 5 days prior to the return date.

(c)The return date for a summons served upon a nonresident of this state shall be not less than 20 days from the issue date.

(d)The clerk shall set the day and hour at which the summons is returnable.

(4)Clerk to furnish time of return. If a summons is signed by an attorney, the attorney shall obtain from the clerk of court the hour and date within the limits of sub.

(3)on which to make the summons returnable.

(5)Noting date of mailing. After a copy of the summons has been mailed, the clerk shall note the date of mailing on the original.

(6)Form. Except as provided in s. 799.22

(b)3. , the summons shall be substantially in the following form:

STATE OF WISCONSIN CIRCUIT COURT: ....County

A. B.

Address

City, State Zip Code File No. ....

, Plaintiff

vs. S U M M O N S - SMALL CLAIMS

C. D.

Address .... (Case Classification Type): .... (Code No.)