Chapter 799, PROCEDURE IN SMALL CLAIMS ACTIONS

799.01 Applicability of chapter. 799.01(1)(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 …

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 p…

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…

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 a…

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 lastknown address of the parties and…

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…

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 c…

799.10 Case file, court record. 799.10(1)(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. …

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…

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 actio…

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 aga…

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. …

799.20 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…

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 wi…

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. …

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 prov…

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…

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, upo…

799.213 Arbitration actions. Chapter 788 applies to actions relating to the confirmation, vacation, modification or correction of an arbitration award. History: 1991 a. 163.

799.215 Trial by court, findings and judgment. Upon a trial of an issue of fact by the court, its decision shall be given either orally immediately following trial or in writing and filed with the clerk within 60 days after submission of the cause, and shall state separately the …

799.22 Judgment on failure to appear or answer. (1) WHEN PLAINTIFF FAILS TO APPEAR. If the plaintiff fails to appear on the return date or on the date set for trial, the court may enter a judgment for the defendant dismissing the action, on motion of the defendant or on its own m…

799.225 Dismissal of pending actions. The court may without notice dismiss any action or proceeding, in which issue has not been joined, which is not otherwise disposed by judgment or stipulation and order within 6 months from the original return date. History: 1979 c. 32 s. 66; …

799.24 Judgment. 799.24(1)(1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, circuit court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the …

799.25 Costs. The clerk shall without notice to the parties tax and insert in the judgment as costs in favor of the party recovering judgment the following: (1) FILING FEE. The fee prescribed in s. 814.62 (3) (a), if paid. (3) MAILING FEE. The mailing fee prescribed in s. 814.62 …

799.255 Small claims fees. In actions under this chapter, the clerk shall collect the fees prescribed in s. 814.62. History: 1981 c. 317.

799.26 Money damages; disclosure of assets requested. (1) When a judgment for money damages is entered under this chapter, the court or circuit court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver th…

799.27 Adjournments. (1) ON REQUEST. Except in eviction actions, a party who appears on the return date shall be given, on request, an adjournment of at least 7 days, or such longer period as the court grants. In eviction actions, no adjournments shall be granted except for cause…

799.28 New trial. (1) MOTIONS FOR NEW TRIAL. Motions for new trial in the trial court are governed by s. 805.15. A motion for a new trial must be made and heard within 20 days after the verdict is rendered, unless the court extends the time as provided in s. 801.15 (2) (b). If th…

799.29 Default judgments. (1) MOTION TO REOPEN. (a) There shall be no appeal from default judgments, but the trial court may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown. (b) In ordinance violation cases, the notice of moti…

799.30 Appeal. An appeal of a judgment or order under this chapter shall be to the court of appeals. History: Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 218; 1977 c. 187; 1979 c. 32 s. 66; Stats. 1979 s. 799.30.

799.40 Eviction actions. (1) WHEN COMMENCED. A civil action of eviction may be commenced by a person entitled to the possession of real property, or by that person’s agent authorized in writing, to remove therefrom any person who is not entitled to either the possession or occupa…

799.41 Complaint in eviction actions. (1) The complaint shall be in writing and subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint shall identify the parties and the real property which is the subject of the action and state the facts which author…

799.42 Service and filing in eviction actions. The complaint shall be served with the summons when service is had under s. 799.12 (1), (2), or (3). History: 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.42; 1987 a. 208; 2013 a. 76.

799.43 Defendant’s pleading in eviction actions. The defendant may plead to the complaint orally or in writing, except that if the plaintiff’s title is put in issue by the defendant, the answer shall be in writing and subscribed in the same manner as the complaint. Within the lim…

799.44 Order for judgment; writ of restitution. 799.44(1)(1) Order for judgment. In an eviction action, if the court finds that the plaintiff is entitled to possession, the court shall immediately enter an order for judgment for the restitution of the premises to the plaintiff. I…

799.445 Appeal. An appeal in an eviction action shall be initiated within 15 days of the entry of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of r…

799.45 Execution of writ of restitution; disposal of personal property. (1) WHEN EXECUTED. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. If the plaintiff, or the pl…