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

CRITICAL

Proof of service must be filed with the Clerk’s Office by the return date or contempt hearing date.

Proof of service shall be filed with the Clerk of Court’s Office prior to or at the return date or contempt hearing date.

CRITICAL

Service

Personal service

Small-claims pleadings must be personally served on parties outside Oneida County, and personal service is required in all replevin and contempt proceedings.

All small claims pleadings must be personally served on parties residing outside of Oneida County. In all replevin and contempt proceedings, personal service is required.

CRITICAL

After notice that service failed, the plaintiff must obtain personal service or service by publication within 30 days or the action may be dismissed.

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

WARNING

Service

Mail

Mail refused by a defendant creates a presumption of service when the circumstances indicate the defendant knew it concerned legal proceedings.

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

Applies to

Eviction summons

Service

Mail

An eviction summons may be served by certified mail under 2013 Wisconsin Act 76 if the party resides in Oneida County.

The service of summons in eviction actions may be served by certified mail, pursuant to 2013 Wisconsin Act 76, provided the party resides in Oneida County.

WARNING

Service

Mail

Small-claims pleadings may be served by first-class or certified mail, return receipt requested, when the party lives in Oneida County, except in eviction, replevin, or contempt proceedings.

Except in eviction, replevin or contempt proceedings, service of any small claims pleadings may be made by first class or certified mail, return receipt requested, if the party lives in Oneida County.

WARNING

Service

Mail

Unclaimed mail does not constitute service.

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.