Clark County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

When personal or substituted service has failed in an eviction action, the procedure is to adjourn the return date, post, and mail.

Where personal or substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.

CRITICAL

Applies to

Scheduling order

The plaintiff or petitioner must serve an authenticated copy of the scheduling-conference order with the summons and complaint.

The plaintiff/petitioner shall serve an authenticated copy of the order upon the defendant(s)/respondent(s) at the time of service of the summons and complaint.

CRITICAL

A party that effects service must file proof of service within 20 days after service is completed.

All parties effectuating service shall file Proof of Service within 20 days after service is accomplished on a party.

CRITICAL

Applies to

Answer

When filing the original answer, the defendant must simultaneously serve a copy on the plaintiff by first-class mail or hand delivery.

Upon filing the original answer in the Clerk of Courts Office, the defendant shall at the same time serve (by first-class mail or hand delivery) a copy upon the plaintiff.

CRITICAL

Service

Mail

When the defendant was served by substitute or published service, the default-judgment motion notice and an affidavit showing service of that notice must be mailed to the defendant’s last known address and filed with the court.

In cases where personal service was not obtained upon the defendant (i.e., substitute or published service), notice of motion for default judgment and an affidavit of service of the notice upon the defendant shall be given to defendant by regular mail at defendant’s last known address and filed with the court.

CRITICAL

Summons in eviction actions must be served personally or by substituted service.

In eviction actions, service of summons shall be by personal or substituted service.

CRITICAL

In cases involving minor children and the stated public-assistance or arrearage conditions, the parties must serve the Child Support Agency with notice of the action and/or specified requests at commencement or as soon as the condition is discovered.

In all cases involving minor children, when any party is receiving any type of public assistance, has applied for public assistance, has received public assistance during the pendency of the action, or an arrearage exists in favor of the State of Wisconsin, the parties shall (a) serve notice of the action, and/or (b) serve notice of any request for change in legal custody, physical placement or child support on the Clark County Child Support Agency at the commencement of the action or as soon as it is discovered that a party is receiving public assistance in accordance with Section 767.15, Wis. Stats.

CRITICAL

Every foreclosure default judgment must be scheduled for an open-court hearing, with notice given to all defendants at least 7 days beforehand.

All default judgments in foreclosure proceedings shall be scheduled for a hearing in open court, due notice of which shall have been given to all defendants at least 7 days before the hearing.

CRITICAL

Applies to

Request for bench warrant

Service

Personal service to opposing party

The moving party must personally serve the defendant with a request for a bench warrant for the specified failures or nonappearance.

The moving party shall personally serve the defendant with any request for a bench warrant for the judgment debtor's failure to file a financial disclosure statement or for nonappearance at a supplemental examination.

CRITICAL

Applies to

Motion

The movant must serve the motion and all supporting documents on the other parties at least 15 days before the hearing.

(a) The movant shall file with the Clerk of Court and serve upon all other parties the motion and all supporting documents at least 15 days before the hearing.

CRITICAL

Applies to

Notice order

The petitioner must serve an authenticated copy of the Notice Order on the respondent when serving the summons and petition.

The petitioner shall serve an authenticated copy of the Notice Order upon the respondent at the time of service of the summons and petition.

CRITICAL

Service

Mail

In replevin actions, summons may be served personally or by substituted service; within Clark County, service may also be by certified mail with restricted delivery.

In replevin actions, service of summons may be commenced by personal service, substituted service or, if within Clark County, by certified mail with restricted delivery.

CRITICAL

Applies to

Response

The opposing party must serve its written response on all other parties at least 7 days before the hearing.

(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.

CRITICAL

Each party must serve the required case-specific documents at least two days before the pretrial conference.

Each party shall file and serve the following items not less than two days prior to the pretrial conference:

CRITICAL

The listed pretrial submissions must be served at least 15 days before the pretrial conference, or before trial if no conference is set.

Not less than 15 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 15 days before trial, the parties shall file and serve the following:

CRITICAL

In money-judgment suits, summons may be served personally or by substituted service; within Clark County, it may also be sent by mail by the Clark County Clerk of Courts.

In suits for money judgments, service of summons may be by personal service, substituted service or, if within Clark County, by mail sent by the Clark County Clerk of Courts.

WARNING

Service

Publication

If personal, substituted, or mail service has failed, the plaintiff may use service by publication to establish personal or in rem jurisdiction.

Where personal, substituted, or mail service has failed, plaintiff may utilize service by publication to establish personal or in rem jurisdiction.

WARNING

Applies to

Rebuttal

The movant may serve a written rebuttal on all other parties at least 3 days before the hearing.

(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.

INFO

Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.

Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.

INFO

In a large-claim civil action where the defendant was personally served, no notice to the defendant is required before entry of default judgment; mortgage foreclosures are excluded.

Except as to mortgage foreclosures (see rule 407), no notice to defendant is required before entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.