reglab/housing_qa huggingface dataset:
WI Stat § 799.41 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 799 - Procedure in small claims actions.|799.41 - Complaint in eviction actions.

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 authorize the removal of the defendant. The description of real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. A description by street name and number is sufficient. If the complaint relates only to a portion of described real estate, that portion shall be identified. If a claim in addition to the claim for restitution is joined under s. 799.40 (2), the claim shall be separately stated. The prayer shall be for the removal of the defendant or the property or both and, if an additional claim is joined, for the other relief sought by the plaintiff. (2) If the eviction seeks to remove a tenant whose tenancy is terminated as the result of a foreclosure judgment and sale under s. 708.02, the complaint shall identify the action as an eviction of the tenant due to a foreclosure action.History:  Sup. Ct. Order, 67 Wis. 2d 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.41; 1987 a. 403; 2009 a. 28.
WI Stat § 799.42 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 799 - Procedure in small claims actions.|799.42 - Service and filing in eviction actions.

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.
WI Stat § 799.43 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 799 - Procedure in small claims actions.|799.43 - Defendant's pleading in eviction actions.

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 limitation of s. 799.02 the defendant may counterclaim provided that in construing s. 799.02 as applied to eviction actions, any claim related to the rented property shall be considered as arising out of the transaction or occurrence which is the subject matter of the plaintiff's claim.History:  Sup. Ct. Order, 67 Wis. 2d 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.43.Counterclaims relating to oral agreements to pay increased rent, unfair trade practices, oral guarantees, and interference with quiet enjoyment were properly dismissed as extrinsic to a lease. Scalzo v. Anderson, 87 Wis. 2d 834, 275 N.W.2d 894 (1979).
WI Stat § 799.445 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 799 - Procedure in small claims actions.|799.445 - Appeal.

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 right under s. 808.03 (1) within 15 days after the entry of the order for judgment for restitution or for denial of restitution. An order for judgment for additional causes of action is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for the additional causes of action. No appeal by a defendant of an order for judgment for restitution of the premises may stay proceedings on the judgment unless the appellant serves and files with the notice of appeal an undertaking to the plaintiff, in an amount and with surety approved by the judge who ordered the entry of judgment. The undertaking shall provide that the appellant will pay all costs and disbursements of the appeal which may be taxed against the appellant, obey the order of the appellate court upon the appeal and pay all rent and other damages accruing to the plaintiff during the pendency of the appeal. Upon service and filing of this undertaking, all further proceedings in enforcement of the judgment appealed from are stayed pending the determination of the appeal. Upon service by the appellant of a copy of the notice and appeal and approved undertaking upon the sheriff holding an issued but unexecuted writ of restitution or of execution, the sheriff shall promptly cease all further proceedings pending the determination of the appeal. If the tenant fails to pay rent when due, or otherwise defaults in the terms of the undertaking, the payment guaranteed by the undertaking with surety shall be payable immediately to the plaintiff and shall not be held in escrow by the court. Upon the failure of the tenant to pay rent when due, or upon other default by the tenant in the terms of the undertaking, the stay of proceedings shall be dismissed and the sheriff shall immediately execute the writ of restitution.History:  1983 a. 219 s. 39; 1993 a. 466.Judicial Council Note, 1983: This section is renumbered from s. 808.07 (7), and amended to replace the appeal deadline of 10 days after mailing notice of entry of judgment by the time period specified in s. 808.04 (2), for greater uniformity. The appeal deadline established by that statute applies regardless of whether the action has been tried to a 12-person jury. [Bill 151-S]A tenant in an eviction may move for reconsideration of the judgment under s. 805.17 (3), but must take an appeal from the judgment within the time for appeal in this section. The time for filing an appeal under s. 805.17 (3) does not apply. Highland Manor Associates v. Bast, 2003 WI 152, 268 Wis. 2d 1, 672 N.W.2d 709, 02-2799.
WI Stat § 800.001 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.001 - Definitions.

800.001  Definitions. In this chapter: (1) “Judicial administrative district" means the judicial administrative district having the largest portion of the population in the jurisdiction served by the municipal court. (2) “Municipality" means the city, village, or town that governs the municipal court, or if more than one city, village, or town has agreed jointly to establish a municipal court under s. 755.01, “municipality" means the city, village, or town where the violation occurred. History:  1987 a. 389; 2009 a. 402.
WI Stat § 800.005 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.005 - Time.

800.005  Time. The provisions of s. 801.15 (1) and (5) apply to actions in municipal court.History:  2019 a. 70.
WI Stat § 800.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.01 - Commencement of action.

800.01  Commencement of action. (1) In municipal court, ordinance violation cases are commenced when the complaint or citation is filed with or transmitted to the court. (2) The municipal court has jurisdiction over a defendant when any of the following conditions is met:(a) The defendant is served with a citation or a summons and complaint as provided under s. 801.11 (1) (a) to (c), (5), and (6).(b) The defendant is arrested and brought before the court personally or through interactive video and audio transmission conducted in accordance with the rules of the supreme court.(c) The defendant voluntarily appears before the court.(d) The court finds that the defendant has acknowledged receipt of the citation or summons and complaint.(e) The summons and complaint or citation are sent to the defendant by 1st class mail. (2m) The law enforcement officer or municipal employee who serves the summons shall indicate the method of service on the copy of the documents filed or transmitted to the court.  (3) If the action is commenced by a citation under s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.History:  1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.01; 1987 a. 389; 1989 a. 170, 261; 1993 a. 437; 1995 a. 27; 1999 a. 9; 2009 a. 402.Due process does not require commencing a municipal ordinance action by a summons. Haas v. Wisconsin, 241 F. Supp. 2d 922 (2003).Uniformity in Municipal Courts. Gramling. Wis. Law. Aug. 2010.
WI Stat § 800.025 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.025 - Amended citation and complaint.

800.025  Amended citation and complaint. A citation or complaint under s. 800.02 may be amended by the municipality prior to the initial appearance of the defendant. A copy of the amended citation or complaint shall be served personally on the defendant or sent to the defendant by 1st class mail. Otherwise, the citation or complaint may be amended, upon notice and an opportunity to be heard, at the discretion of the court. At trial, the court may amend a citation or complaint to conform to the evidence. If the court amends the citation or complaint to conform to the evidence, the court shall allow both parties an opportunity to present evidence with respect to the amended citation or complaint. History:  1981 c. 225; 2009 a. 402.
WI Stat § 800.037 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.037 - Deposit amount and schedule.

800.037  Deposit amount and schedule. The deposit in traffic cases shall be made as provided in s. 345.26. In boating cases, the deposit shall be made as provided in s. 23.66 and 23.67. The municipal court, with the approval of the governing body of the municipality, shall set the deposit schedule for all other cases. The deposit amount in the schedule may not exceed the maximum penalty established by the municipality for the offense, plus costs, fees, and surcharges imposed under ch. 814.History:  2009 a. 402.
WI Stat § 800.045 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.045 - Pretrial conferences.

800.045  Pretrial conferences. (1) The municipal judge may schedule a pretrial conference. Upon agreement of the parties, the parties may waive a pretrial conference. (2) If the defendant does not appear at the pretrial conference, the court may proceed under s. 800.035 (8) or (9). (3) If the parties reach an agreement, the agreement shall be submitted to the court for the court's approval. If an agreement is not reached, or if the court does not approve an agreement, the court shall schedule the action for further proceedings.History:  2009 a. 402.
WI Stat § 800.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.05 - Substitution or disqualification of municipal judge.

800.05  Substitution or disqualification of municipal judge. (1) A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty. (3) Upon receipt of the written request under sub. (1), the original judge shall have no further jurisdiction in the case except as provided in sub. (1) and except to determine if the request was made timely and in proper form. Upon such a determination, or if no determination is made within 7 days, the court shall transfer the matter to the chief judge of the judicial administrative district for the determination and reassignment of the action as necessary. If the request is determined to be proper, the case shall be transferred as provided in s. 751.03 (2). Upon transfer, the municipal judge shall immediately transmit to the appropriate judge all the records in the action. Upon receipt of the records, the new judge shall specify the court's location in which the case will be heard and shall consider any objection to the proposed location in making the determination. In all such cases, the parties shall remain the same, the prosecutor of the transferring court shall be responsible for prosecution before the new judge, and the judgment, if any, shall be payable to the transferring court. (4) (a) If a new judge is assigned to the trial of the action, and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 7 days after the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notice occurs within 48 hours of the trial, or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings.(b) 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 in a manner such that further proceedings in the municipal court are necessary, the person charged with a violation 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. (5) If the municipal judge disqualifies himself or herself under s. 757.19 or SCR 60.04, the case shall be transferred under sub. (3). History:  1977 c. 305, 447; 1977 c. 449 s. 496; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.05; 1987 a. 151; 2009 a. 402; 2019 a. 70.
WI Stat § 800.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.06 - Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial.

800.06  Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial. (1) If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may, subject to the order of the chief judge of the judicial administrative district, designate another municipal judge from any municipality within the state to perform his or her duties for a period not to exceed 30 days. (2) If any municipal judge is incompetent, unable or fails to act, s. 751.03 (2) applies. The parties and their attorneys shall be notified of the transfer to another judge.  (3) Notwithstanding s. 751.03 (2), if there is a permanent vacancy in the office of municipal judge, the chief judge of the judicial administrative district may designate another municipal judge to perform the duties of the office until the municipal governing body fills the vacancy by temporary appointment under s. 8.50 (4) (fm). The municipal judge designated under this subsection may exercise all of the authority of the municipal court to which he or she is assigned. History:  1977 c. 305; 1977 c. 449 s. 497; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.06; 1985 a. 304; 1987 a. 151; 1993 a. 384; 1995 a. 224; 2009 a. 402; 2019 a. 70.
WI Stat § 800.065 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.065 - Reserve municipal judges.

800.065  Reserve municipal judges. (1) Definitions. In this section, “ reserve municipal judge" means a former municipal judge who has complied with s. 755.03 and is appointed by the chief judge of the former municipal judge's judicial administrative district to perform such specified duties on a day-by-day basis as the chief judge may direct. (2)  Eligibility. Any of the following persons may serve as a temporary reserve judge:(a) A person who has served a total of 8 or more years as a municipal judge.(b) A person who has served 4 or more years as a municipal judge and who was not defeated at the most recent time he or she sought election to judicial office. (3)  Compensation. Notwithstanding s. 755.04, reserve municipal judges under this section shall receive compensation in an amount agreed to by contract between the municipality and the reserve municipal judge.  (4)  Training. All persons serving as reserve municipal judges under this section are subject to s. 755.18. History:  1987 a. 389; 2009 a. 402.
WI Stat § 800.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.07 - Discovery in municipal court.

800.07  Discovery in municipal court. Neither party is entitled to pretrial discovery in any action in municipal court, including refusal hearings held by a municipal court under s. 343.305 (9), except that if the defendant moves for pretrial discovery within 30 days after the initial appearance in person or by an attorney, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The defendant may move for pretrial discovery at any other time upon a showing of cause for that discovery.History:  1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.07; 1987 a. 389; 2003 a. 199; 2009 a. 402.
WI Stat § 800.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.08 - Procedure at trial.

800.08  Procedure at trial. (1) At trial the plaintiff shall provide a prosecutor who is an attorney authorized or licensed to practice law in this state. The plaintiff shall first offer evidence in support of the citation or complaint. The defendant may offer evidence after the plaintiff has rested. If the plaintiff and the defendant have offered evidence upon the citation or complaint, the parties may then respectively offer rebuttal testimony only, unless the court permits them to offer evidence upon their original case. Both parties shall have the opportunity to question all witnesses. (2) (a) Before testifying, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress the witness with the duty to testify truthfully.(b) The oath may be administered by the judge or his or her designee substantially in the following form: Do you solemnly swear that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God. (c) Every person who declares that he or she has conscientious scruples against taking the oath, or swearing in the usual form, shall make a solemn declaration or affirmation, which may be in the following form: Do you solemnly, sincerely and truly declare and affirm that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth; and this you do under the pains and penalties of perjury.(d) The assent to the oath or affirmation by the person making it may be manifested by the uplifted hand. (3) The standard of proof for conviction of any person charged with violation of any municipal ordinance shall be evidence that is clear, is satisfactory, and convinces the judge to a reasonable certainty.  (4) Except as provided in s. 938.17 (2) (h) 3., the court shall be bound by the rules of evidence specified in chs. 901 to 911. (5) If a defendant does not appear at trial, the court may enter a default judgment under s. 800.09. History:  1977 c. 305; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.08; 1997 a. 205; 2009 a. 402; 2013 a. 107.
WI Stat § 800.085 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.085 - Telephone and audiovisual proceedings.

800.085  Telephone and audiovisual proceedings. At any proceeding under this chapter, a party, witness, or interpreter may appear by telephone or by audiovisual means if any of the following applies: (1) The parties so stipulate and the court approves. (2) The court finds good cause after considering the following factors:(a) Whether any undue surprise or prejudice would result.(b) Whether the proponent has been unable, after due diligence, to procure the physical presence of the witness.(c) The convenience of the parties and the proposed witness and the cost of producing the witness in relation to the importance of the offered testimony.(d) Whether the procedure would allow full effective cross-examination, especially where availability to counsel of documents and exhibits available to the witness would affect such cross-examination.(e) The importance of presenting the testimony of witnesses in open court, where the finder of fact may observe the demeanor of the witness, and where the solemnity of the surroundings will impress upon the witness the duty to testify truthfully.(f) Whether the quality of the communication is sufficient to understand the offered testimony.(g) Whether a physical liberty interest is at stake in the proceeding.(h) Financial or physical limitations on the ability of the defendant or counsel for the defendant to be physically present.(i) Any other factors as the court may, in each individual case, determine to be relevant.History:  2009 a. 402; 2019 a. 70; s. 35.17 correction in (intro.), (2) (c).
WI Stat § 800.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 800 - Municipal court procedure.|800.10 - Fees and costs in municipal court.

800.10  Fees and costs in municipal court. (1) Fees and costs in municipal court are prescribed in ch. 814. (2) All forfeitures, fees, surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be reported and paid to the municipal treasurer within 30 days after receipt of the money by the municipal court. The treasurer shall disburse the fees as provided in ch. 814. History:  1981 c. 317; 1987 a. 27; 1991 a. 39; 1993 a. 16; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.