What the statutes mean

This description of small claims court actions is intended for non-complicated cases. You should seek legal counsel for any complicated matter or when the other party has retained an attorney.

Small claims court can be a very effective tool when a chiropractor is owned less than $5,000 from a patient or an insurer and all other means of collecting have been exhausted. Should it be necessary, you can also use small claims court to garnish the wages of an individual against whom you have won a judgement.

The summons form that is used to file a small claims action is available at the county court house in the clerk of courts office. (A summons is the way a court tells the patient or an insuance company that they must show up on a certain date.) The form is easy to understand and complete. You will be asked to:

• State the nature of your demand
• State the amount you believe you are owed
• State the address of the patient or insurance company
• Have the clerk sign your form

The summons will have a return date on it that is not less than 8 days or more than 30 days from the issue date. The clerk tells you the return date. The language on the summons is in this form:

You are hereby summoned to appear and plead to the Plaintiff’s complaint in the above court at .... in the (city) (village) of ...., on .... , at .... o’clock (a.m.) (p.m.). A copy of the complaint is hereto attached. The Plaintiff will state his or her demand on that date. In case of your failure to appear, a judgment may be rendered against you in accordance with the demands made by the Plaintiff. The nature of the demand being made upon you is and the amount of damages, if any, demanded is

Or, if your case will be heard by a court commissioner the language on the summons is in this form.

The state of Wisconsin to the defendant. You are being sued for:

_____ Eviction
_____ Return of Property
_____ Confirmation, vacation, modification or correction ____________ of arbitration award
_____ $ ______________

If you wish to dispute this matter, you must then be in Room...., of the .... (County) County Courthouse, .... (address), .... (city), Wisconsin before .... o’clock (a.m.) (p.m.), on ...., .... If you do not appear, a judgment

may be given to the person suing you for what that person is asking. You are encouraged to bring with you all papers and documents relating to this matter, but there is no need to bring witnesses at this time.

You do not have to bring an attorney to court with you; in fact, this is the major advantage of small claims court. The patient or insurance company has the right to be represented by an attorney if they choose. In most cases, everything done in court is done orally. You need to bring all of the documents that relate to the case including all of your billing and clinical records. The clerk of courts maintains a copy of the court record.

Your small claims action is brought in the county in which your office is located. If you use small claims court for a garnishment procedure, you file in the county in which the patient lives or the county in which you received judgement.

In response to your small claims action, the patient or insurance company has the right to:

• Ask for a dismissal.
• Answer the complaint by explaining their refusal to pay.
• File a cross complaint against you.

If they take any of these actions, the court or court commissioner will schedule a trial or a hearing. Do not be concerned, this is more like a conversation in front of the judge or court commissioner.

If you do not like the judge that has been assigned to you, you may make a written request, on the return date of the summons or within 10 days after the case is scheduled for trial, for a new judge. Decisions are normally reached immediately, but could take up to 30 days.

If a court commissioner hears the case, either party may file a demand for trial within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision to prevent the entry of the judgment. If you ask for a trial, the demand must be filed with the court and mailed to the other parties within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision.

Procedure

The court or court commissioner conducts the proceeding informally. Each side is allowed to present arguments, proof and to examine the witnesses. All evidence that is reasonably related to the case will be admitted. Written evidence is almost always necessary to establish your claim. The court or court commissioner may conduct questioning of the witnesses and will interject themselves to insure fairness on both sides.

Trial by jury.

Either party may make a written request for trial by jury. If neither side demands a trial by jury, the right to trial by jury is waived forever. If there is a demand for a trial by jury, the judge or court commissioner places the case on the trial calendar and a jury of 6 persons are chosen to hear the case.

Failure to appear or answer the summons

If the patient or insurance company fails to appear on the return date or on the date set for trial, the court may enter a judgment for you. The court may allow the other side to appear by mail or telephone.

Judgment.

When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court will immediately enter it in the court record. The clerk of circuit court will mail a copy of the judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the required fee, the clerk of circuit court will enter the judgment in the judgment and lien docket.

As part of the judgement, the clerk will insert in the judgment as costs to the losing party all of the following:

• Filing fee
• Mailing fee
• Any garnishee fee paid
• Service fees and other charges. Fees or charges paid to the sheriff, constable or other person for serving the summons or any other document.
• Witness fees
• Jury fee (if a jury is used)
• Attorney fees (if applicable and allowed)

Disclosure of assets

When a judgment for money damages is entered, the losing party has 15 days to pay the amount due. If they do not, the court or court commissioner will order the losing party to complete a statement that must include:

• The debtor’s name and address
• Their employer’s name and address
• Any real property interests owned by the person
• Cash on hand
• Financial institutions in which the person has money on deposit

Statute excerpts

799.01 Applicability of chapter
799.02 Counterclaims and cross complaints
799.04 Relation of this chapter to other procedural rules
799.05 Summons
799.06 Actions; how commenced, pleadings, appearances
799.10 Case file, court record
799.11 Venue
799.12 Service of summons
799.14 Failure of actual notice of suit by mail
799.20 Answer; counterclaim and cross complaint
799.205 Substitution of judge
799.207 Proceedings before court commissioner
799.21 Trial
799.21(3) Trial by jury
799.22 Judgment on failure to appear or answer
799.24 Judgment
799.25 Attorney fees
799.26 Money damages; disclosure of assets requested
799.27 Adjournments
799.28 New trial
799.29 Default judgments

Applicability of chapter.

799.01(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:

799.01(1)(b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.

799.01(1)(c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $5,000.

799.01(1)(d) Other civil actions. Other civil actions where the amount claimed is $5,000 or less, if the actions or proceedings are:

799.01(1)(d)1. For money judgments only except for cognovit

judgments which shall be taken pursuant to s. 806.25; or

799.01(1)(d)2. For attachment under ch. 811 and garnishment under subch. I of ch. 812, except that s. 811.09 does not apply to proceedings under this chapter; or

799.01(1)(d)3.To enforce a lien upon personally.

799.01(2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $5,000 or less. This chapter is not the exclusive procedure for those actions.

Counterclaims and cross complaints.

799.02(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), and the entire matter shall be tried under chs. 801 to 847 procedure, except that the counterclaim or cross complaint shall be deemed denied and a responsive pleading thereto is not required unless ordered by the court and the requirements for appearance by the parties shall be governed by s. 799.06 (2).

799.02(2) If a counterclaim or cross complaint is filed, which does not arise out of the same transaction or occurrence that is the subject matter of the plaintiff’s claim and which is beyond the limitations of s. 799.01, the court shall dismiss the same and proceed under this chapter.

799.02(3) If a counterclaim or cross complaint is filed that is beyond the limitations of s. 799.01, the person filing the counterclaim or cross complaint shall mail a notice to the plaintiff or the plaintiff’s attorney, if any, at the address listed on the summons. The notice shall be mailed on the same day the counterclaim or cross complaint is filed and shall inform the plaintiff of all of the following:

799.02(3)(a) That a counterclaim or cross complaint has been filed in the action.

799.02(3)(b) That as a result of that filing the entire matter may be tried under chs. 801 to 847 procedure.

799.02(3)(c) That the summons, specifying the time and date the parties are required to appear at court, may no longer apply.

799.02(3)(d) The telephone number of the appropriate clerk of circuit court that the plaintiff may call to find out if he or she should still appear in court at the time and date listed on the summons.

799.02(3)(e) That a copy of the counterclaim or cross complaint will be served on the plaintiff or the plaintiff’s attorney within 60 days after filing.

Relation of this chapter to other procedural rules.

799.04(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 so conducted in actions under this chapter.

799.04(2) Forms. Except as otherwise provided in this subsection and this chapter, the forms specified in chs. 801 to 847 shall be used. Forms shall be uniform, concisely written and readily understandable by members of the public. Summons and complaint forms shall be made available to the public by the clerk of court and, in counties having a population of 500,000 or more, the summons shall have all provisions printed in both English and Spanish.

Summons.

799.05(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, if any, address and telephone number of plaintiff’s attorney, if any. The caption shall include the standardized description of the case classification type and associated code number as approved by the director of state courts.

799.05(2) Signing. The process shall be signed by the clerk or by any attorney duly authorized to practice law in this state and shall be issued by the clerk only to a person authorized to appear under s. 799.06 (2), and not otherwise.

Return date.

799.05(3)(a) Every summons shall specify a return date and time.

799.05(3)(b) Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date.

799.05(3)(c) The return date for a summons served upon a nonresident of this state shall be not less than 20 days from the issue date.

799.05(3)(d) The clerk shall set the day and hour at which the summons is returnable.

799.05(4) Clerk to furnish time of return. If a summons is signed by an attorney, the attorney shall obtain from the clerk of court the hour and date within the limits of sub. (3) on which to make the summons returnable.

799.05(5) Noting date of mailing. After a copy of the summons has been mailed, the clerk shall note the date of mailing on the original.

799.05(6) Form. Except as provided in s. 799.22 (4) (b) 3., the summons shall be substantially in the following form:

THE STATE OF WISCONSIN, to the Defendant:
You are hereby summoned to appear and plead to the Plaintiff’s complaint in the above court at .... in the (city) (village) of ...., on the .... day of ...., .... (year), at .... o’clock (a.m.) (p.m.). [A copy of the complaint is hereto attached.] [The Plaintiff will state his or her demand on that date.] In case of your failure to appear, a judgment may be rendered against you in accordance with the demands made by the Plaintiff. The nature of the demand being made upon you is .... (state in terms of s. 799.01 of the Wisconsin Statutes) and the amount of damages, if any, demanded is .....

799.05(7) Form; court commissioner. Except as provided in s. 799.22 (4) (b) 3., in counties establishing at least one part-time or full-time court commissioner position under s. 757.68 (1) (b), the summons shall be substantially in the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... COUNTY

________________________________________________
A. B.
Address
City, State Zip Code File No. ....
, Plaintiff
vs. S U M M O N S (SMALL CLAIMS)
C.D.
Address
City, State Zip Code
, Defendant

________________________________________________
THE STATE OF WISCONSIN, to the Defendant:
You are being sued for:
.... Eviction
.... Return of Property
.... Confirmation, vacation, modification or correction _______________of arbitration award
.... $........
If you wish to dispute this matter, you must then be in Room...., of the .... (County) County Courthouse, .... (address), .... (city), Wisconsin before .... o’clock (a.m.) (p.m.), on ...., .... (year) If you do not appear, a judgment may be given to the person suing you for what that person is asking. You are encouraged to bring with you all papers and documents relating to this matter, but there is no need to bring witnesses at this time.

. Actions; how commenced, pleadings, appearances

799.06(1) Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or court commissioner may require written pleadings in a particular case.

799.06(2) A person may commence and prosecute or defend an action or proceeding under this chapter and may appear in his, her or its own proper person or by an attorney regularly authorized to practice in the courts of this state. Under this subsection, a person is considered to be acting in his, her or its own proper person if the appearance is by a full-time authorized employee of the person. An assignee of any cause of action under this chapter shall not appear by a full-time authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state.

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.

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 claims actions.

Case file, court record.

799.10(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.

799.10(3) Correcting court record. The judge has power at any time to order the court record corrected or any omission or additional entry supplied if the judge is satisfied that an error or omission exists or that one or more additional entries are needed.

799.10(4) Time of court record entries. Entries in the court record shall be made not later than the time of the entry of the judgment or final order, or as soon thereafter as possible. No court record entries need be made in uncontested cases where the action is for a money forfeiture charging violation of a parking regulation.

Venue.

799.11(1) The venue of actions in which the procedure of this chapter is used is as follows:

799.11(1)(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 where the judgment therein is entered.

799.11(1)(b) In any claim arising out of a consumer transaction, as defined in s. 421.301 (13), or a consumer credit transaction, as defined in s. 421.301 (10), in the county specified by s. 421.401.

799.11(1)(c) In actions for a forfeiture, the county in which the act occurred on which the action for forfeiture is based.

799.11(2) If there are several defendants, and if venue is based on residence, venue may be in the county of residence of any one of them.

Service of summons.

799.12(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.

799.12(2) Any circuit court may by rule authorize the service of summons in some or all actions under this chapter, except eviction actions, by mail under sub. (3) in lieu of personal or substituted service under s. 801.11.

799.12(3)If authorized by court rule under sub. (2), 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 in s. 814.62 (4). The court may by rule require the use of certified mail with return receipt requested, in which event the additional fee prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a copy to each defendant at the last-known address as specified in the summons. 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. All mailing of summonses shall be done in envelopes upon which the clerk’s return address appears, with a request to return to that address. Service by mail to obtain a personal judgment shall be limited to the county where the action is commenced.

799.12(4) If with reasonable diligence the defendant cannot be served by personal or substituted service under s. 801.11, or if mailed service is authorized under sub. (2) and the envelope enclosing the summons is returned unopened to the clerk, service may be made by mailing and publication under sub. (6). The clerk shall issue a new return date allowing timely publication of a class 1 notice under ch. 985.

799.12(5) Section 345.09 shall not apply to actions under this chapter.

799.12(6)(a) Service by mailing and publication authorized under sub. (4) may be made as provided in s. 801.11 (1) (c) or as provided in this subsection.

799.12(6)(b) If the defendant’s post-office address can be ascertained with reasonable diligence, service may be made by mailing to the defendant a copy of the summons at or immediately prior to the publication of the summons or a notice under par. (c) as a class 1 notice under ch. 985.

799.12(6)(c) If the defendant’s post-office address cannot be ascertained with reasonable diligence, the mailing may be omitted and service may be made by publishing as a class 1 notice under ch. 985 a notice in substantially the following form, except as provided in s. 799.22 (4) (b) 3.:
SMALL CLAIMS SUMMONS NUMBER ....
....(Defendant’s Name)
....(Defendant’s Address, if known)
You are being sued by .... (plaintiff’s name) in the small claims court for .... County, .... (room number, address and telephone number of the court). A hearing will be held at .... o’clock (a.m.) (p.m.), on ...., .... (year) If you do not appear, a judgment may be given to the person suing you. [A copy of the claim has been mailed to you at the address above.]

799.12(7) Any circuit court may by rule authorize service of the summons and complaint prior to filing and authentication thereof, provided the appropriate fee under s. 814.62 is paid before the summons is issued and the summons is not reusable for a different defendant.

Failure of actual notice of suit by mail.

799.14(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 has been entered), but not more than one year after judgment was entered, may, by written verified petition, on forms provided by the court, petition to set aside the judgment if one has been entered and for an opportunity to be heard upon the merits. Thereupon the court shall set the matter for hearing at a time that will give the parties reasonable opportunity to appear and, if judgment has been entered, shall stay all proceedings on the judgment. At the time of the hearing the questions raised by the petition shall first be heard and determined by the court. If the court grants the petition, the court shall proceed to try the matter upon the merits or, if judgment has been entered, shall vacate the judgment and proceed to try the matter upon the merits. If the court denies the petition, it shall, if judgment has been entered, revoke its order staying proceedings thereon or, if a judgment has not been entered, it may give the defendant opportunity to be heard upon the merits.

799.14(2)Effect of actual appearance. This section shall not apply to a defendant who actually appeared and submitted to the jurisdiction of the court without filing application as provided in sub. (1).

Actions in rem or quasi in rem; limitation on judgment.

799.16(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 the defendant appears without objecting to the jurisdiction of the court over defendant’s person.

799.16(2) Adjournment and publication. When the defendant has not been served with personal or substituted service pursuant to s. 799.12 (1) and does not waive the defense of lack of jurisdiction over the person under s. 802.06 (8) and the court has jurisdiction over the property, service may be made on the defendant by publication. If service is to be made by publication, the proceeding shall be adjourned to a day certain by the court, and a notice in substantial conformity with sub. (4) shall be published as a class 1 notice, under ch. 985.

Answer; counterclaim and cross complaint.

799.20(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.

799.20(2) Cross complaint. In the case of more than one defendant, any cross complaint by one defendant against another who has appeared shall be made or filed on the return date or any adjourned date.

799.20(4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or court commissioner that the defendant claims a defense to the action, the court or court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

Substitution of judge.

799.205(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 after the case is scheduled for trial. If a new judge is assigned to the trial of a case, a request for substitution must be made within 10 days of receipt of notice of assignment, provided that if the notice of assignment is received less than 10 days prior to trial, the request for substitution must be made within 24 hours of receipt of the notice and provided that if notification is received less than 24 hours prior to trial, the action shall proceed to trial only upon stipulation of the parties that the assigned judge may preside at the trial of the action. Upon filing the written request, the filing party shall forthwith mail a copy thereof to all parties to the action and to the original judge.

799.205(2) After the written request has been filed, the original judge shall have no further jurisdiction in the action or proceeding except to determine if the request is correct as to form and timely filed. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge for the determination and reassignment of the action as necessary. If the request is correct as to form and timely filed, the named judge shall be disqualified and shall promptly request assignment of another judge under s. 751.03.

799.205(3)Except as provided in sub. (4), no party is entitled to file more than one such written request in any one action, and any single such request shall not name more than one judge. For purposes of this subsection, parties united in interest and pleading together shall be considered as a single party, but the consent of all such parties is not needed for the filing by one such party of a written request.

799.205(4) If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order as to any or all of the parties in a manner such that further proceedings in the trial court are necessary, any party may file a request under sub. (1) within 20 days after the entry of the judgment or decision of the appellate court whether or not another request was filed prior to the time the appeal or writ of error was taken.

Return date proceedings before court commissioner.

799.206(1)In counties establishing at least one part-time or full-time court commissioner position under s. 757.68 (1) (b), all actions and proceedings commenced under this chapter shall be returnable before a court commissioner appointed under s. 757.68. In any other county, a court commissioner may conduct return date proceedings if delegated such authority under s. 757.69 (1) (d).

799.206(2) Judgment on failure to appear may be entered by the court commissioner or the clerk upon the return date as provided in s. 799.22.

799.206(3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge.

799.206(4) Except as provided in sub. (3), the court commissioner shall hear all matters using the procedures set forth in s. 799.207.

Proceedings before court commissioner.

799.207(1)(a) Any court commissioner assigned to assist in the administration of small claims may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues.

799.207(1)(b) Except as provided in par. (e), a decision shall be rendered by the court commissioner on the return date if there is time available for a hearing, the parties do not intend to call witnesses, and the parties agree to such a hearing. If for any of the reasons stated in this paragraph, the matter cannot be heard on the return date, an adjourned date shall be set.

799.207(1)(c) The proceedings shall be conducted as provided in s. 799.209.

799.207(1)(d) A record of the proceeding shall be made and shall be limited to the time and location of the hearing, the parties, witnesses and attorneys present and the decision.

799.207(1)(e) If the court commissioner cannot reach a decision on the return or adjourned date, the commissioner shall mail the decision to each party within 30 days of the date of the hearing.

799.207(2) The court commissioner’s decision shall become a judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except that:

799.207(2)(a) Default judgments will have immediate effect.

799.207(2)(b)Either party may file a demand for trial within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision to prevent the entry of the judgment.

799.207(3)(a) There is an absolute right to have the matter heard before the court if the requirements of this section are complied with.

799.207(3)(b) The court commissioner shall give each of the parties a form and instructions which shall be used for giving notice of an election to have the matter heard by the court.

799.207(3)(c) The demand for trial must be filed with the court and mailed to the other parties within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision. Mailing of the notice and proof of such mailing is the responsibility of the party seeking review.

799.207(3)(d) Notice of a demand for trial may also be given in writing and filed by either of the parties at the time of an oral decision.

799.207(4) Following the timely filing of a demand for trial, the court shall mail a trial date to all of the parties.

799.207(5) A timely filing of a demand for trial shall result in a new trial before the court on all issues between the parties.

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.

Procedure. At any trial, hearing or other proceeding under this chapter:

799.209(1) The court or 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.

799.209(2) The proceedings shall not be governed by the common law or statutory rules of evidence except those relating to privileges under ch. 905 or to admissibility under s. 901.05. The court or court commissioner shall admit all other evidence having reasonable probative value, but may exclude irrelevant or repetitious evidence or arguments. An essential finding of fact may not be based solely on a declarant’s oral hearsay statement unless it would be admissible under the rules of evidence.

799.209(3) The court or court commissioner may conduct questioning of the witnesses and shall endeavor to ensure that the claims or defenses of all parties are fairly presented to the court or court commissioner.

799.209(4) The court or court commissioner shall establish the order of trial and the procedure to be followed in the presentation of evidence and arguments in an appropriate manner consistent with the ends of justice and the prompt resolution of the dispute on its merits according to the substantive law.

Trial.

799.21(1) Determination of method of trial. In the absence of a jury demand, trial shall be to the court.

799.21(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.

Trial by jury.

799.21(3)(a) Any party may, upon payment of the fees prescribed in ss. 814.61 (4) and 814.62 (3) (e), file a written demand for trial by jury. If no party demands a trial by jury, the right to trial by jury is waived forever.

799.21(3)(b) In counties establishing at least one part-time or full-time court commissioner position under s. 757.68 (1) (b), except in eviction actions which shall be governed by par. (a), demand for trial by jury shall be made at the time a demand for trial is filed. If the party requesting a trial does not request a jury trial, any other party may request a jury trial by filing the request with the court and mailing copies to all other parties within 15 days from the date of mailing of the demand for trial or the date on which personal notice of demand is given, whichever is applicable. If no party demands a trial by jury, the right to trial by jury is waived forever. The fees prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall be paid when the demand for a trial by jury is filed.

799.21(4) Jury procedure. If there is a demand for a trial by jury, the judge or court commissioner shall place the case on the trial calendar and a jury of 6 persons shall be chosen as provided in s. 345.43 (3) (b). The parties shall proceed as if the action had originally been begun as a proceeding under chs. 801 to 807, except that the court is not required to provide the jury with one complete set of written instructions under s. 805.13 (4) and the requirements for appearance by the parties shall be governed by s. 799.06 (2).

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

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 facts found and the conclusions of law thereon; and judgment shall be entered accordingly.

Judgment on failure to appear or answer.

799.22(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 motion.

799.22(2) When defendant fails to appear. If the defendant fails to appear on the return date or on the date set for trial, the court may enter a judgment upon due proof of facts which show the plaintiff entitled thereto.

799.22(3) Plaintiff’s proof where action arose on contract for recovery of money. In any action arising on contract for the recovery of money only, if the defendant fails to appear and answer or to appear at the time set for trial, the plaintiff may file with the judge or clerk a verified complaint, or an affidavit of the facts, or may offer sworn testimony or other evidence to the clerk or judge, and either may enter judgment thereon.

799.22(4) Pleading in lieu of appearance.

799.22(4)(a) Any circuit court may by rule permit a defendant to join issue in any of the actions specified in s. 799.01 without appearing on the return date by answering, either by mail or by telephone, within such time and in such manner as the rule permits.

799.22(4)(am) If the defendant is a nonresident of this state, the circuit court shall adopt a rule to permit the defendant to join issue in any of the actions specified in s. 799.01 without appearing on the return date by answering by mail, in such manner as the rule permits, and if the court adopts a rule under par. (a) to permit the defendant to join issue without appearing on the return date by answering by telephone, then the defendant shall also be permitted to join issue by answering by telephone, in such manner as the rule permits.

799.22(4)(b) If a court adopts a rule under par. (a), then all of the following apply:

799.22(4)(b)1. The existence of the rule shall be deemed an appearance by the plaintiff in that court on the return date for purposes of sub. (1).

799.22(4)(b)2. A proper answer by the defendant under the rule shall be deemed an appearance by the defendant in that court on the return date for purposes of sub. (2).

799.22(4)(b)3. Any summons under s. 799.05 (6) or (7) or 799.12 (6) (c) and any notice under s. 799.16 (4) shall notify the defendant of the option to answer without appearing in court on the return date and the methods of answering permitted by the rule.

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.

Judgment.

799.24(1)Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk of circuit court shall enter the judgment in the judgment and lien docket.

799.24(2)Applicability of s. 806.15. Section 806.15 shall apply with respect to judgments entered in the judgment and lien docket.

799.24(3) Stipulated dismissal. Prior to the entry of judgment, upon stipulation of the parties to a schedule for compliance with the stipulation, the court or court commissioner may enter a stipulated judgment of dismissal in lieu thereof. Any such judgment may be vacated without notice to the obligated party, and the unsatisfied portion thereof entered, upon application by the prevailing party and proof by affidavit of noncompliance with the terms of the stipulation.

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:

799.25(1)Filing fee. The fee prescribed in s. 814.62 (3) (a), if paid.

799.25(3) Mailing fee. The mailing fee prescribed in s. 814.62 (4), if paid.

799.25(5)Garnishee fee. Any garnishee fee paid.

799.25(6) Service fees and other charges. Lawful fees or charges paid to the sheriff, constable or other person for serving the summons or any other document, and charges paid to the sheriff in connection with the execution of any writ of restitution.

799.25(7)Witness fees. Amounts necessarily paid out for witness fees, including travel, as prescribed in s. 814.67. The fees for witnesses and their travel shall not exceed 50% of the amount recovered unless an order is entered specifying the amount to be paid in excess of 50% and the reasons therefor.

799.25(9) Jury fee. The fee prescribed in ss. 814.61 (4) and 814.62 (3) (e) for a jury if demanded under s. 799.21 (3).

Attorney fees.

799.25(10)(a) Attorney fees as provided in s. 814.04 (1) and (6), except if the amount of attorney fees is otherwise specified by statute.

799.25(10)(b) In an action of replevin and attachment the value of the property recovered shall govern the amount of the attorney fees taxable. In an action of eviction the attorney fees taxable shall be $10 plus such sum as is taxable under par. (a) on account of the recovery of damages.

799.25(10)(c) If judgment is for the defendant, the amount

claimed in the complaint, the value of the property sought to be recovered or the amount recovered on the defendant’s counterclaim, in the court’s discretion, shall govern the amount of the attorney fees that the defendant shall recover, and the defendant is not entitled to recover for cost items the defendant has not advanced.

Money damages; disclosure of assets requested.

799.26(1) When a judgment for money damages is entered under this chapter, the court or court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver that statement to the judgment creditor or to the clerk of circuit court in the county where the judgment is entered within 15 days of entry of judgment unless the judgment is sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor’s name, residence address, employers and their addresses, any real property interests owned by the debtor, cash on hand, financial institutions in which the judgment debtor has funds on deposit, whether the debtor’s earnings are totally exempt from garnishment under s. 812.34 (2) (b), and such other information as required by the schedules adopted under sub. (3).

799.26(1m) If the judgment debtor complies with sub. (1) by mailing or delivering the disclosure statement to the clerk of circuit court, the judgment debtor shall mail or deliver a copy of that disclosure statement to the judgment creditor.

799.26(2) Failure to comply with an order under sub. (1) is punishable by a remedial sanction under ch. 785. Execution of a disclosure statement and delivery of the disclosure statement to the clerk of circuit court or sheriff upon service of a motion for contempt is compliance with the order.

799.26(3) The judicial conference shall adopt standard schedules for the disclosure required by sub. (1), which shall inform judgment debtors of the requirements of this section, the sanctions for nondisclosure or fraudulent misrepresentation, a general description of garnishment and execution, and information about the types of assets and income which are exempt from the claims of creditors. The judicial conference shall also adopt a standard form pleading invoking the contempt powers of the court under sub. (2), copies of which may be obtained by judgment creditors without charge from the clerk.

Adjournments.

799.27(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.

799.27(2) For cause. For good cause shown to the court by either party, the court may extend the time within which any act may be done, except the time for the taking of an appeal.

799.27(3) Same; terms. No continuance under sub. (2) shall be granted, unless by consent of the parties, except upon such terms as the court deems just.

New trial.

799.28(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 the motion is not decided within 10 days of the date of hearing, it shall be deemed denied. The entry of judgment by the court without deciding a pending motion for a new trial shall be deemed a denial of the motion.

799.28(2) Newly discovered evidence. A motion to set aside a verdict or to open up a judgment and for a new trial founded upon newly discovered evidence may be heard upon affidavits and the proceedings in the action. Such a motion may be made at any time within one year from the verdict or finding. The order granting or denying the motion shall be in writing and shall specify the grounds for granting the new trial, or state the court’s reasons for denying it.

Default judgments.

Motion to reopen. 799.29(1)(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.

799.29(1)(b) In ordinance violation cases, the notice of motion must be made within 20 days after entry of judgment. In ordinance violation cases, default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.

799.29(1)(c) In other actions under this chapter, the notice of motion must be made within 6 months after entry of judgment unless venue was improper under s. 799.11. The court shall order the reopening of a default judgment in an action where venue was improper upon motion or petition duly made within one year after the entry of judgment.

799.29(2) Stipulations. The court, judge or municipal judge having trial jurisdiction to recover a forfeiture may, with or without notice, for good cause shown by affidavit and upon just terms, within 30 days after the stipulation has been entered into, relieve any person from the stipulation or any order, judgment or conviction entered or made thereon. Where the stipulation was made without appearance in or having been filed in court, the court, judge or municipal judge may order a written complaint to be filed and set the matter for trial. The stipulation or a copy shall, in such cases, be filed with the court, judge or municipal judge and costs and fees shall be taxed as provided by law.