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

CRITICAL

Service

Mail to all parties

The judge will mail each party, or its attorney if represented, a copy of the random juror list at least 20 days before trial.

A copy of the random list will be mailed by the judge to each of the parties (or their attorney if represented) no less than 20 days prior to the scheduled trial date.

CRITICAL

A party who serves a summons and petition must file proof of service forthwith.

Any party serving an opposing party with a summons and petition must file their proof of service forthwith.

CRITICAL

Applies to

Mediation order

Copies of the mediation order will be sent to the attorneys and mediation center, and to the parties if they are self-represented.

Copies of the mediation order will be sent to the attorneys and the mediation center. the parties will receive copies of the mediation order if they are pro se.

CRITICAL

Answering defendants must receive notice at least 10 days before the mortgage-foreclosure default-judgment hearing.

No default judgment of mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants who have answered at least 10 days prior to the hearing.

CRITICAL

Applies to

Replevin action

Service

Personal service

Replevin actions require personal service.

Replevin actions require personal service.

CRITICAL

A copy of the written answer must be sent to the plaintiff.

A copy of the written answer must be sent to the plaintiff.

CRITICAL

Service

Mail

Mail service to obtain a personal judgment is limited to Polk County.

Service by mail to obtain a personal judgment shall be limited to Polk County.

CRITICAL

Applies to

Notice of motion

Service

Mail to opposing party

If the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant's last-known address by regular mail.

In cases where no personal service is obtained upon the defendant, notice of motion for default judgment shall be given to defendant by regular mail at defendant’s last-known address.

CRITICAL

Applies to

Eviction action

Service

Personal service

Eviction actions require personal service.

Personal service is required.

CRITICAL

Unless a stated exception applies, the moving party must procure and serve the order requiring both parties to appear on the nonmoving party before the hearing or trial; no order is required for a joint petition.

Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court for other good cause orders otherwise, both parties in actions affecting the family shall appear upon the final hearing or trial. An order of the court to that effect shall be procured by the moving party and shall be served upon the nonmoving party before the hearing or trial. No order is required in the case of a joint petition.

CRITICAL

Applies to

Summons

Service

Mail

Summons service by mail is complete when mailed unless the summons envelope is returned unopened to the clerk before the return date.

Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date.

CRITICAL

Service

Mail to opposing party

A copy of the written answer must be mailed to the plaintiff.

The original answer must be filed with the clerk of court and a copy must be mailed to the plaintiff.

CRITICAL

In criminal cases, all parties must exchange demanded discovery as soon as practical after the plea.

All parties shall exchange discovery, if demanded, as soon as practical after the plea in all criminal cases.

WARNING

Applies to

Summons

Service

Mail to clerk

For claims under the dollar limit, service may be made by mail by leaving the original summons and necessary copies with the clerk and paying the statutory fee.

Service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed by statute.

WARNING

Applies to

Summons and complaint

A plaintiff may not use the defendant’s work address on the summons and complaint, and the court will not mail paperwork to work addresses.

Plaintiff may not use defendant’s work address on the summons and complaint. The court will not mail paperwork to work addresses.

WARNING

Service

Personal service

No notice to the defendant is required before default judgment in a large-claim civil action when the defendant was personally served and failed to answer.

No notice to defendant is required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant and they have failed to answer.

WARNING

Applies to

Amended complaint

Service

Mail

An amended complaint in an eviction action may be served by first-class mail.

Service for the amended complaint may be by First class mail.