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

CRITICAL

Service

Personal service

Small-claims pleadings must be personally served on parties residing outside Iron County, and proof of service must be provided at the court proceedings.

All small claims pleadings must be personally served on parties residing outside of Iron County and proof of service must be provide at the time of court proceedings.

CRITICAL

Applies to

Pleadings

All pleadings, including motions, briefs, and affidavits, must be filed with the clerk before service on another party.

Wisconsin Statutes Sec. 801.14(4), notwithstanding, all pleadings, including motions, briefs and affidavits, shall be filled with the clerk prior to service upon another party.

CRITICAL

Applies to

Small claims complaint or amended complaint

Service

Personal service

When a party is required or elects to personally serve a small-claims complaint or amended complaint, proof of service must be filed within 30 days of filing the action.

7.05 Proof of Service: If a party is required or elects to use personal service of a small claims complaint or amended complaint, proof of service shall be filed with the court within 30 days of filing the action.

CRITICAL

After unclaimed mail, the plaintiff must obtain personal service or service by publication within 30 days of the notice, or the action will be dismissed for failure of service.

In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service of service by publication within 30 days of the date of the notice or have the action dismissed for failure of service.

CRITICAL

Deadline

72 hours

Service

Personal service

Contempt proceedings authorized by Wis. State. 799.26(2) must be personally served at least 72 hours before the hearing.

7.04 Service in Contempt Proceedings: Service of contempt proceedings authorized by Wis. State. 799.26(2) shall be by personal service and served upon the defendant at least 72 hours prior to the hearing time.

WARNING

Service

Mail

Refused mail creates a presumption that the defendant was served when the circumstances indicate the defendant knew the envelope involved legal proceedings.

7.02 Refused Mail: Shall constitute a presumption of service upon the defendant since it indicates that he/she was presented with the envelope but refused to accept it under circumstances indicating that he/she had reason to know that it involved legal proceedings against him/her.

WARNING

Service

Mail

For small-claims pleadings served on a party residing in Iron County, service may be made by first-class mail or certified mail, return receipt requested, except in eviction, replevin, or contempt actions.

Except in eviction, replevin or contempt actions, service of any small claims pleadings may be made by 1st class mail or certified, return receipt requested if the party being served resides within Iron County.

WARNING

Service

Mail

Unclaimed mail does not constitute service because there is no presumption that the defendant knew legal proceedings had commenced.

7.03 Unclaimed Mail: Shall not constitute service since there is no presumption that the defendant has reason to know that legal proceedings involving him/her have been commenced.