799.01 Applicability of chapter. (1) Exclusive use of small claims procedure. Except as provided in ss. 799.02 (1) and 799.21 (4) and except as provided under sub. (2), the procedure in this chapter is the exclusive procedure to be used in circuit court in the following actions: (a) Eviction actions. Actions for eviction as defined […]
799.02 Counterclaims and cross complaints. (1) If a counterclaim or cross complaint is filed, which arises out of the transaction or occurrence that is the subject matter of the plaintiff’s claim and which is beyond the limitations of s. 799.01, the person filing the same shall pay the fee prescribed in s. 814.62 (3) (b), […]
799.03 Definition. In this chapter unless otherwise designated, “court” means circuit court and “court” does not mean circuit court commissioner. History: 1977 c. 345; 1977 c. 449 s. 497; 1979 c. 32 ss. 64, 92 (16); Stats. 1979 s. 799.03; 1983 a. 228; 2001 a. 61. Judicial Council Note, 1983: The first sentence is deleted […]
799.04 Relation of this chapter to other procedural rules. (1) General. Except as otherwise provided in this chapter, the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to actions and proceedings under this chapter. Any judicial proceeding authorized to be conducted under s. 807.13 may be […]
799.05 Summons. (1) Contents. The summons shall state the nature of the demand substantially in the terms of one or more of the provisions of s. 799.01, and, except as provided in ss. 806.30 to 806.44, the dollar amount of damages, if any, the last-known address of the parties and the name, state bar number, […]
799.06 Actions; how commenced, pleadings, appearances. (1) Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or circuit court commissioner may require written pleadings in a particular case. (2) A person may commence and prosecute or defend an action or proceeding under […]
799.07 File of summons; forfeiture tickets; warrants. The clerk shall keep a file of summons issued by the clerk, of forfeiture tickets filed with the clerk, and of warrants for arrests issued by the clerk. History: 1979 c. 32 s. 66; Stats. 1979 s. 799.07; 1993 a. 486.
799.09 Public information. Information regarding the existence, location and hours of the circuit court’s small claims system shall be disseminated and publicized throughout the county by the clerk of court. Each county shall produce and make available to all litigants in small claims actions publications explaining the procedures to be followed by litigants in small […]
799.10 Case file, court record. (1) Clerk to maintain court record and case file. The clerk of circuit court shall maintain a court record of small claims cases, and a case file for each case in which there are papers other than the ones listed in s. 799.07 to be filed. (2) Entries; what to […]
799.11 Venue. (1) The venue of actions in which the procedure of this chapter is used is as follows: (a) In actions for garnishment, any county in which the garnishee resides or, if not a resident of the state, is found; or, the county in which the summons in the principal action has issued or […]
799.12 Service of summons. (1) Except as otherwise provided in this chapter, all provisions of chs. 801 to 847 with respect to jurisdiction of the persons of defendants, the procedure of commencing civil actions, and the mode and manner of service of process, shall apply to actions and proceedings under this chapter. (2) Any circuit […]
799.14 Failure of actual notice of suit by mail. (1) Petition; hearing; trial on merits. In any action, where service of summons is made by mailing, a defendant, at any time within 15 days of receiving actual knowledge of the pendency of the action or of the entry of judgment against the defendant, if judgment […]
799.16 Actions in rem or quasi in rem; limitation on judgment. (1) Basis. In proceedings in rem or quasi in rem no judgment shall be entered against a defendant for an amount in excess of the value of the property unless based on personal or substituted service as provided in s. 799.12 (1), or unless […]
799.20 Answer; counterclaim and cross complaint. (1) Pleading on return date or adjourned date. On the return date of the summons or any adjourned date thereof the defendant may answer, move to dismiss under s. 802.06 (2) or otherwise respond to the complaint. (2) Cross complaint. In the case of more than one defendant, any […]
799.205 Substitution of judge. (1) Any party to a small claims action or proceeding may file a written request with the clerk of courts for a substitution of a new judge for the judge assigned to the case. The written request shall be filed on the return date of the summons or within 10 days […]
799.206 Return date proceedings before court commissioner. (1) In counties establishing a circuit court commissioner position under s. 757.68 (5m), all actions and proceedings commenced under this chapter shall be returnable before a circuit court commissioner appointed under s. 757.68 (1) and SCR chapter 75. In any other county, a circuit court commissioner may conduct […]
799.207 Proceedings before circuit court commissioner. (1) (a) Any circuit court commissioner assigned to assist in small claims matters may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues. (b) Except as provided in par. (e), a decision shall be rendered by the circuit […]
799.208 Pretrial conference. In any action under this chapter, the pretrial conference may be conducted by telephone as provided in s. 807.13 (3) at the discretion of the court and may be conducted on the trial date. History: Sup. Ct. Order, 141 Wis. 2d xiii (1987).
799.209 Procedure. At any trial, hearing or other proceeding under this chapter: (1) The court or circuit court commissioner shall conduct the proceeding informally, allowing each party to present arguments and proofs and to examine witnesses to the extent reasonably required for full and true disclosure of the facts. (2) The proceedings shall not be […]
799.21 Trial. (1) Determination of method of trial. In the absence of a jury demand, trial shall be to the court. (2) Trial by court. If trial is to the court, the case may, with the consent of all the parties, be tried on the return day. (3) Trial by jury. (a) Any party may, […]
