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Chapter 801 Civil Procedure — Commencement of Action and Venue

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Chapter 801 Civil Procedure — Commencement of Action and Venue Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. October 1, 2021. 1 Updated 19−20 Wis. Stats. COMMENCEMENT OF ACTION AND VENUE 801.02 CHAPTER 801 CIVIL PROCEDURE — COMMENCEMENT OF ACTION AND VENUE 801.01 Kinds of proceedings; scope of chs. 801 to 847. 801.15 Time. 801.02 Commencement of action. 801.16 Filing. 801.03 Jurisdiction; definitions. 801.18 Electronic filing. 801.04 Jurisdictional requirements for judgments against persons, status and 801.19 Protected information in circuit court records. things. 801.20 When documents may be filed as confidential. 801.05 Personal jurisdiction, grounds for generally. 801.21 Motions to seal. 801.06 Personal jurisdiction, grounds for without service of summons. 801.50 Venue in civil actions or special proceedings. 801.07 Jurisdiction in rem or quasi in rem, grounds for generally. 801.51 Challenges to improper venue. 801.08 Objection to personal jurisdiction. 801.52 Discretionary change of venue. 801.09 Summons, contents of. 801.53 Determination of motion for change of venue. 801.095 Summons form. 801.54 Discretionary transfer of civil actions to tribal court. 801.10 Summons, by whom served. 801.56 Change of venue if judge disqualified by interest. 801.11 Personal jurisdiction, manner of serving summons for. 801.58 Substitution of judge. 801.12 Jurisdiction in rem or quasi in rem, manner of serving summons for; notice 801.59 Assigned judge. of object of action. 801.61 Proceedings after order for change of venue. 801.13 Summons; when deemed served. 801.62 Conclusiveness of change of venue; second motion. 801.14 Service and filing of pleadings and other papers. 801.63 Stay of proceeding to permit trial in a foreign forum. 801.145 Form of papers. 801.64 Legislative findings; 2007 Wisconsin Act 1. NOTE: Chapter 801 was created by Sup. Ct. Order, 67 Wis. 2d 585 (1975), 801.02 Commencement of action. (1) A civil action in which contains explanatory notes. Statutes prior to the 1983−84 edition also con- which a personal judgment is sought is commenced as to any tain these notes. defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an 801.01 Kinds of proceedings; scope of chs. 801 to 847. authenticated copy of the summons and of the complaint is made (1) KINDS. Proceedings in the courts are divided into actions and upon the defendant under this chapter within 90 days after filing. special proceedings. In chs. 801 to 847, “action” includes “special proceeding” unless a specific provision of procedure in special (2) A civil action in which only an in rem or quasi in rem judg- proceedings exists. ment is sought is commenced as to any defendant when a sum- mons and a complaint are filed with the court, provided service of (2) SCOPE. Chapters 801 to 847 govern procedure and practice an authenticated copy of the summons and of either the complaint in circuit courts of this state in all civil actions and special proceed- or a notice of object of action under s. 801.12 is made upon the ings whether cognizable as cases at law, in equity or of statutory defendant under this chapter within 90 days after filing. origin except where different procedure is prescribed by statute or rule. Chapters 801 to 847 shall be construed, administered, and (3) The original summons and complaint shall be filed employed by the court and the parties to secure the just, speedy together. The authenticated copies shall be served together and inexpensive determination of every action and proceeding. except: (a) In actions in which a personal judgment is sought, if the (3) EFFECTIVE DATES. (a) Chapters 801 to 803 shall apply to all actions commenced on or after January 1, 1976. summons is served by publication, only the summons need be published, but a copy of the complaint shall be mailed with a copy (b) Chapters 804 to 807 shall apply to all actions pending or of the summons as required by s. 801.11, and; commenced on or after January 1, 1976, except those actions in which trial has commenced prior to January 1, 1976, as to which (b) In actions in which only an in rem or quasi in rem judgment the statutes and rules in effect prior to January 1, 1976, shall con- is sought, the summons may be accompanied by a notice of object tinue to apply. of action pursuant to s. 801.12 in lieu of a copy of the complaint and, when the summons is served by publication, only the sum- (c) Amendments and repeals of sections outside of chs. 801 to mons need be published, but a copy of the complaint or notice of 807 shall be effective as follows: object of action shall be mailed with the copy of the summons as 1. Amendments and repeals effected in order to conform with required by s. 801.12. provisions in chs. 801 to 803 shall apply to all actions commenced (4) No service shall be made under sub. (3) until the action has on or after January 1, 1976. been commenced in accordance with sub. (1) or (2). 2. Amendments and repeals other than those effected in order (5) An action seeking a remedy available by certiorari, quo to conform with provisions in chs. 801 to 803 shall take effect on warranto, habeas corpus, mandamus or prohibition may be com- January 1, 1976, as to all actions then pending or thereafter com- menced under sub. (1), by service of an appropriate original writ menced, except as provided in par. (b). on the defendant named in the writ if a copy of the writ is filed History: Sup. Ct. Order, 67 Wis. 2d 585, 588 (1975); 1977 c. 449; 1979 c. 89; 1981 c. 390; 2015 a. 196; 2017 a. 235. forthwith, or by filing a complaint demanding and specifying the Chapters 801 to 847 apply to in rem actions under s. 161.555 [now s. 961.555] and remedy, if service of an authenticated copy of the complaint and under s. 801.07 may not be brought against an inanimate object as sole “defendant.” of an order signed by the judge of the court in which the complaint State v. One 1973 Cadillac, 95 Wis. 2d 641, 291 N.W.2d 626 (Ct. App. 1980). is filed is made upon the defendant under this chapter within the An “action” includes special proceedings such as probate. In Matter of Estate of Martz, 171 Wis. 2d 89, 491 N.W.2d 772 (Ct. App. 1992). time period specified in the order. The order may specify a time The applicability of chs. 801 to 847 in civil actions is not determined by a “mere period shorter than that allowed by s. 802.06 for filing an answer alleged incompatibility” of statutes. Without an explicit or implicit prescription by or other responsive pleading. the statute of a “different procedure,” chs. 801 to 847 are applicable in civil proceed- ings. State v. Brown, 215 Wis. 2d 716, 573 N.W.2d 884 (Ct. App. 1997), 96−1211. (6) Fees payable upon commencement of a civil action shall Summary judgment procedure is inconsistent with, and unworkable in, ch. 345 for- be paid to the clerk at the time of filing. feiture proceedings. State v. Schneck, 2002 WI App 239, 257 Wis. 2d 704, 652 N.W.2d 434, 02−0513. (7) (a) In this subsection: Summary judgment is inapplicable in ch. 343 hearings. State v. Baratka, 2002 WI 1. “Correctional institution” means any state or local facility App 288, 258 Wis. 2d 342, 654 N.W.2d 875, 02−0770. The new Wisconsin rules of civil procedure: Chapters 801−803. Clausen and that incarcerates or detains any adult accused of, charged with, Lowe. 59 MLR 1. convicted of, or sentenced for any crime. A correctional institu- 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 79 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2021. Published and certified under s. 35.18. Changes effective after Octo- ber 1, 2021, are designated by NOTES. (Published 10−1−21) Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. October 1, 2021. 801.02 COMMENCEMENT OF ACTION AND VENUE Updated 19−20 Wis. Stats. 2 tion includes a Type 1 prison, as defined in s. 301.01 (5), a Type 2 may permit a prisoner to commence the action or special proceed- prison, as defined in s. 301.01 (6), a county jail and a house of cor- ing, notwithstanding this paragraph, if the court determines that rection. the prisoner is in imminent danger of serious physical injury. 2. “Prisoner” means any person who is incarcerated, impris- History: Sup. Ct. Order, 67 Wis. 2d 585, 589 (1975); 1975 c. 218; 1981 c. 289, 317; 1995 a. 27; 1997 a. 133, 187; 2001 a. 16; Sup. Ct. Order No. 03−06A, 2005 WI oned or otherwise detained in a correctional institution or who is 86, 280 Wis. 2d xiii; 2007 a. 20; 2015 a. 55. arrested or otherwise detained by a law enforcement officer. Judicial Council Note, 1981: Sub. (1) is amended to allow an action seeking an “Prisoner” does not include any of the following: extraordinary remedy to be commenced in the same manner as any other civil action. Sub. (5) allows the additional option of using an order to shorten the time for filing a. A person committed under ch. 980. a response to the complaint in lieu of a summons.
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