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

CRITICAL

Applies to

Summons

If the post office returns the summons to the Clerk, the plaintiff must serve the defendant personally, by substituted service, or by publication.

(2) If a summons is returned to the Clerk of Court's Office by the post office, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication.

CRITICAL

Applies to

Notice of motion for default judgment

Service

Mail

When the defendant was served by substitute or published service rather than personal service, 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 the defendant by regular mail at the defendant's last known address.

CRITICAL

Applies to

Notice of pending foreclosure action

In a foreclosure action, the plaintiff must determine whether and by whom the property is occupied and must notify occupants who are not defendant borrowers of the pending foreclosure action.

In foreclosure actions, the plaintiff(s) shall determine whether and by whom the subject real estate is occupied. If the subject real estate is occupied by persons other than the defendant borrower(s), the plaintiff(s) shall give notice of the pending action to foreclosure to the occupants.

CRITICAL

Applies to

Petition and order for hearing of contempt

Service

Personal service

The Petition and Order for Hearing of Contempt must be personally served if the moving party seeks a bench warrant or another sanction for the judgment debtor’s nonappearance.

The Petition and Order for Hearing of Contempt on the failure to file a financial disclosure statement must be served personally if the moving party wants to request a bench warrant or other sanction for the judgment debtor's nonappearance.

CRITICAL

Applies to

Financial disclosure statement

Service

Mail

The debtor need not file the financial disclosure in court and must mail it directly to the judgment creditor within 15 days after the judgment is filed, unless the judgment is paid within that period.

The debtor need not file this information in court. He or she must mail it directly to the judgment creditor within fifteen (15) days after the judgment is filed in court, unless within that time the judgment is paid.

CRITICAL

Applies to

Notice of motion and motion

Service

Mail to opposing party

The default-judgment notice and motion must be sent to the defendant by regular mail at the defendant’s last known address, and service is complete upon sending.

Notice of a Motion for Default Judgment must be sent to the Defendant. Service is complete by sending the Notice of Motion and Motion by regular mail to the defendant's last known address.

CRITICAL

When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the Court shall sign the order for payment as submitted by the GAL.

When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the Court shall sign the order for payment as submitted by the GAL.

CRITICAL

Applies to

Default judgment notice

Except in mortgage foreclosures, an action in which the defendant was personally served requires 10 days' notice before default judgment; notice may be shown by an affidavit of mailing or a cover letter showing the defendant was copied on the filed default papers.

Except as to mortgage foreclosures, in all actions where personal service was obtained upon the defendant, ten (10) days notice shall be required prior to the entry of judgment. Notice may be accomplished by either an affidavit of mailing or cover letter showing that the defendant was copied on the default papers filed with the Court.

CRITICAL

Applies to

More detailed statement of the case

A copy of the more detailed statement of the case must be sent to all opposing parties.

A copy of this statement must also be sent to all opposing parties.

CRITICAL

Applies to

Summons

Eviction actions require personal or substituted service.

(3) Eviction actions require personal or substituted service.

CRITICAL

Service

Mail to opposing party

A plaintiff may not serve a defendant with the summons and complaint by first-class or certified mail at the defendant’s workplace, but this restriction does not apply to personal service there.

804.03 Use of Work Address. The plaintiff may not serve the summons and complaint on a defendant by first class mail or certified mail at his or her workplace. This exception does not apply to personal service on a party at his or her workplace.

CRITICAL

Applies to

Withdrawal motion

The written withdrawal motion and proposed order must also be provided to all opposing parties.

An attorney who wishes to withdraw as counsel of record shall first file a written motion and proposed order to the Court and all opposing parties.

CRITICAL

Deadline

48 hours

Applies to

Petition or motion to set aside judgment

Service

Mail to opposing party

In eviction and replevin actions, a petition or motion to set aside judgment must be served by mail with a certificate or affidavit of mailing at least 48 hours before the hearing.

(7) 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 time specified for the hearing;

CRITICAL

The personal representative or estate attorney must send all interested parties notice of the claim objection and hearing.

The personal representative or attorney for the estate shall send notice of the objection and notice of the hearing to all interested parties.

CRITICAL

Applies to

Summons

Service

Personal service to opposing party

Replevin actions must be commenced by personal service.

(4) Replevin actions must be commenced by personal service.

CRITICAL

Applies to

Summons

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

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

WARNING

Service

Mail

For construction liens, certified mail satisfies the registered-mail requirement if the sender obtains a postal receipt and requests a return receipt.

(8) In construction liens, the statutory requirement of registered mail is met by certified mail if a sender's receipt is obtained from the postal authorities and return receipt is requested

WARNING

Applies to

Motion papers

Motions, supporting documents, and briefs should be served on the nonmoving party at least 20 days before the hearing, unless another rule or court order provides otherwise.

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.

WARNING

Applies to

Written response

The opposing party should serve the written response at least 5 days before the hearing.

The opposing party should serve and file a written response at least five (5) days before the hearing.

WARNING

Applies to

Summons

For money-judgment suits, summons may be served personally, by substituted service, or, within Pierce County, by mail sent by the Clerk of Court.

(1) In suits for money judgments, scrvice of summons may be by personal service, substituted service or, if within Pierce County, by mail sent by the Pierce County Clerk of Court.

INFO

Applies to

Summons

Service

Publication to opposing party

If personal, substituted, or mail service has failed, the plaintiff may ask the Court on the return date for permission to serve by publication to establish personal or in rem jurisdiction.

(5) Where personal, substituted, or mail service has failed, the plaintiff may request permission of the Court on the return date for publication to establish personal or in rem jurisdiction.