Dane County Circuit Court Service and Proof of Service Rules

Applies to

Pleadings

In every residential eviction action, the plaintiff must serve the court-adopted form informing the defendant that free mediation is available at or before the return date and place it directly behind the summons and complaint.

In all residential eviction actions, the Court requires the plaintiff to inform the defendant in writing, using the forms adopted by the court, that free mediation services are available at the return date or prior to it. Plaintiff shall print the form and place it directly behind the summons and complaint when serving the pleadings on the defendant(s).

Applies to

Pleadings

In residential eviction actions based on alleged nonpayment of rent or other expenses, the plaintiff must serve the court-adopted form advising defendants of counsel and possible government-funded financial and legal assistance, placing it directly behind the summons, complaint, and mediation-notice form.

In residential eviction actions based on the tenant’s alleged nonpayment of rent or other expenses, the plaintiff shall also inform the defendant in writing, using the forms adopted by the court, that all parties may retain counsel for the eviction and that government funded financial assistance and legal assistance may be available to qualified persons. Plaintiff shall print the form and place it directly behind the summons, complaint and form referred to in the prior paragraph when serving the pleadings on the defendant(s).

Applies to

Affidavit of service

The Affidavit of Service must identify the required forms as served either by listing them in the summary of documents served or by attaching copies and confirming service.

Plaintiff shall ensure that the Affidavit of Service specifies that the required forms were served on Defendant(s), either by listing those forms in the summary of documents served or by attaching copies of those documents to the affidavit and confirming they were served.

Service

Personal service

Except in mortgage foreclosures, no notice to the defendant is required before judgment is entered when the defendant was personally served.

Except as to mortgage foreclosures, in all actions where personal service was obtained upon the defendant, no notice to defendant is required prior to entry of judgment.

Applies to

Notice of motion

Service

Mail

When service is by substitute service or publication, the notice of motion for default judgment must be mailed to the defendant's last known address.

In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant's last known address.

Deadline

48 hours

Applies to

Motion to set aside judgment

Service

Mail

In eviction and replevin actions, the petition or motion to set aside judgment must be served by mail, with proof of mailing, no later than 48 hours before the hearing.

In evictions and replevin actions, the petition/motion to set aside judgment shall be served by mail with certificate of mailing or affidavit of mailing not later than 48 hours before the specified hearing time.

Applies to

Written answer

Service

Mail

A copy of the written answer must be mailed to the plaintiff's lawyer, if one exists, or directly to the plaintiff.

A copy of the written answer must be mailed to plaintiff's lawyer, if any, or to plaintiff.

Applies to

Summons

The plaintiff must arrange service by personal service, substituted service, or publication and provide proof of service to the court.

The plaintiff must arrange service and serve the defendant(s) by personal service, substituted service, or publication and provide proof of service to the court; section 799.12(2),(3),(4) Wis. Stats. (Service of Summons).

Applies to

Summons

The filing party must arrange service when the summons exceeds five pages.

The filing party is responsible for arranging service of summons that exceed 5 pages.

Applies to

Summons

If the mailed summons is returned or the defendant's address is outside Dane County, the plaintiff must use personal service, substituted service, or publication and provide proof of service.

If a summons is returned to the clerk of court's office by the post office, or if the defendant’s mailing address is outside Dane County, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication and provide proof of service to the court; section 799.12(2),(3),(4) Wis. Stats. (Service of Summons).

Applies to

Rent and damage claim or deficiency claim

Service

Mail to opposing party

The plaintiff must mail rent and damage claims and deficiency claims to the defendant with a breakdown of the rent and/or damage expenses.

All rent and damage claims and deficiency claims are to be mailed to the defendant(s) by the plaintiff and shall include a breakdown of the rent and/or damage expenses.

Applies to

Rent and damage claim or deficiency claim

Service

Mail

Proof of service must be provided to the clerk of court before entry of a money judgment.

Proof of service must be provided to the clerk of court prior to the entry of a money judgment.

Applies to

Rent and damage claim or deficiency claim

If the mailed rent and damage or deficiency claim is returned as undeliverable, the plaintiff must use personal service, substituted service, or publication and provide proof of service.

If the rent and damage or deficiency claim is returned as undeliverable by the post office to the plaintiff, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication and provide the proof of service to the court.

Applies to

Trial brief

Counsel must exchange trial briefs unless the assigned judge orders otherwise.

Trial briefs shall be exchanged by counsel unless ordered otherwise by the assigned judge.

Applies to

Summons

Service

Mail to opposing party

In qualifying small claims actions, the clerk of court may initially serve summonses by regular mail when the defendant is within Dane County and the summons and supporting documents do not exceed five pages.

Except in eviction and replevin actions, summonses in small claims actions where the plaintiff has had filing fees waived due to indigency, may be initially served by the clerk of court office by regular mail to defendants with addresses within Dane County, provided the summons and any supporting documents do not exceed five (5) 8.5 v 11” pages.

Applies to

Rent and damage claim or deficiency claim

Service

Mail

Proof of service may be established by an affidavit of mailing verifying mailing to the defendants' last known addresses and that the documents were not returned as undeliverable.

Proof of service may be established by an affidavit of mailing verifying that the document was mailed to the defendant(s) at their last known address and was not returned as undeliverable by the post office to the plaintiff.

Applies to

Notice

Notice of a rescheduled preliminary hearing must be given in hand and include the judicial assignment and the hearing's time, date, and place.

On stipulation of the parties or on motion and for cause, if the duty judge is unable to commence the preliminary hearing for a case, the duty judge may order a set over for two weeks, unless a different time period is deemed appropriate, to the scheduled duty judge, giving notice in hand of the judicial assignment, the time, date and place of the re-scheduled preliminary hearing.

Applies to

Notice

Service

Mail

The probate office must send notice of the delinquency hearing by certified mail.

Notice shall be sent by the probate office by certified mail.

A judge may require additional notice or proof concerning service, damages, or costs when appropriate.

Any judge may in an individual case require further notice or proof regarding service, damages or costs if appropriate.