reglab/housing_qa huggingface dataset:
WI Stat § 809.70 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 809 - Rules of appellate procedure.|809.70 - Rule (Original action).

809.70  Rule (Original action). (1) A person may request the supreme court to take jurisdiction of an original action by filing a petition which may be supported by a memorandum. The petition shall be served on each party and proposed respondent by traditional methods as provided in s. 809.80 (2). The petition must contain all of the following:(a) A statement of the issues presented by the controversy.(b) A statement of the facts necessary to an understanding of the issues.(c) A statement of the relief sought.(d) A statement of the reasons why the court should take jurisdiction. (1m) The clerk of court shall docket the petition upon receipt of the items referred to in sub. (1). The clerk shall assign a case number, create a notice that the petition has been docketed, and send the notice to the parties by traditional methods. (2) The court may deny the petition or may order the respondent to respond and may order oral argument on the question of taking original jurisdiction. The respondent shall file a response, which may be supported by a memorandum, within 14 days after the service of the order. (3) The court, upon a consideration of the petition, response, supporting memoranda and argument, may grant or deny the petition. The court, if it grants the petition, may establish a schedule for pleading, briefing and submission with or without oral argument.History:  Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1995 a. 225; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 20-07, 2021 WI 37, filed 4-23-21, eff. 7-1-21.Judicial Council Note, 2001: The time limit in sub. (2) was changed from 10 to 14 days. Please see the comment to s. 808.07. [Re Order No. 00-02 effective July 1, 2001]NOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule."Comment, 2021: A proceeding under this section is a new action that must be served on the respondents by the initiating parties using traditional methods.
WI Stat § 809.802 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 809 - Rules of appellate procedure.|809.802 - Rule (Service on the state in certain proceedings).

809.802  Rule (Service on the state in certain proceedings). (1) Any document required or authorized to be served on the state in appeals and other proceedings in felony cases in the court of appeals or supreme court shall be served on the attorney general unless the district attorney has been authorized under s. 978.05 (5) to represent the state. Any document required or authorized to be served on the state in appeals and other proceedings in misdemeanor cases decided by a single court of appeals judge under s. 752.31 (2) and (3) shall be served on the district attorney. Every petition for review of a decision of the court of appeals in a misdemeanor case shall be served on the attorney general. (2) Where service on the attorney general is required under sub. (1), the clerk of the court of appeals shall opt in the attorney general as an attorney for the state and provide the notice of docketing to the attorney general through the appellate electronic filing system. For the attorney general, receipt of the notice of docketing provides access to the proceeding and constitutes service of the initiating document and other documents filed with the initiating documents.History:  Sup. Ct. Order No. 20-07, 2021 WI 37, filed 4-23-21, eff. 7-1-21.NOTE:  Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule."Comment, 2021: Former s. 809.80 (2) is recreated as sub. (1). The requirement to serve the attorney general under this section applies to both traditional and electronic modes of service. Sub. (2) describes the mechanism the clerk will use to assure service on the attorney general in cases where the other electronic parties are served with initiating documents through the circuit court electronic filing system or when the attorney general did not participate in a proceeding before a petition for review was filed.
WI Stat § 809.84 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 809 - Rules of appellate procedure.|809.84 - Rule (Applicability of rules of civil procedure).

809.84  Rule (Applicability of rules of civil procedure). An appeal to the court is governed by the rules of civil procedure as to all matters not covered by these rules unless the circumstances of the appeal or the context of the rule of civil procedure requires a contrary result.History:  Sup. Ct. Order, 83 Wis. 2d xiii (1978).
WI Stat § 810.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.01 - Replevin, plaintiff may claim delivery.

810.01  Replevin, plaintiff may claim delivery. The plaintiff in a replevin action may claim the delivery of the property prior to final judgment in the manner provided in this chapter.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.01; 1977 c. 308.A judicial order for possession with the opportunity for an immediate post-seizure hearing did not deprive the debtors of constitutional rights when pre-seizure procedural rights were granted. Del's Big Saver Foods v. Carpenter Cook, Inc. 795 F.2d 1344 (1986).
WI Stat § 810.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.02 - Order directing return of property.

810.02  Order directing return of property. An order directing the return of property to the plaintiff at any time before final judgment in a replevin action shall be issued only by a judge or other judicial officer on the affidavit of the plaintiff made after summons is issued. The affidavit or verified complaint shall set forth specific factual allegations to show the following: (1) That the plaintiff is entitled to the possession of the property claimed, particularly describing it; (2) That the property is wrongfully detained by the defendant; (3) The alleged cause of detention according to the plaintiff's best knowledge, information and belief; (4) That the property has not been taken for a tax, assessment or fine or seized under any execution or attachment against the property of the plaintiff, or that if so seized that it is exempt from the seizure; (5) The value of the property; and (6) The location of the property claimed by the plaintiff with sufficient specific factual allegations for the judge or judicial officer to determine that there is reason to believe that the property is in the location described or in the possession of the defendant or any person acting on behalf of, subject to or in concert with the defendant.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.02; 1977 c. 308; 1993 a. 486.
WI Stat § 810.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.03 - Requisition to sheriff.

810.03  Requisition to sheriff. Upon the issuance of an order making a factual determination set forth in s. 810.02 and upon the execution of a bond in an amount approved by the judge or judicial officer and with sufficient sureties approved by the judge or judicial officer, to secure the value of the property, the prosecution of the action, the return of the property to the defendant, if the return thereof be adjudged, and payment to the defendant of such sum as may be recovered against the plaintiff, the sheriff shall then take the property from the defendant or such persons as are acting on behalf of, in concert with or under control of the defendant, and deliver possession of the property to the plaintiff.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.03; 1977 c. 308.Real property remedies law revised. 1974 WBB No. 3.
WI Stat § 810.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.05 - Motion to vacate or modify.

810.05  Motion to vacate or modify. The defendant may at any time upon notice to the plaintiff move the court or the presiding judge thereof to vacate or modify the order directing delivery of the property for any sufficient cause. A motion to vacate or modify the order directing delivery of the property may be combined with a motion to increase the plaintiff's security or excepting to the sureties on the plaintiff's bond.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 810.05; 1977 c. 308.
WI Stat § 810.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.06 - Return of property to defendant.

810.06  Return of property to defendant. At any time before final judgment the defendant may require the return of the property by executing and delivering to the sheriff a bond, executed by sufficient sureties to the effect that the defendant shall be bound to the sum of the bond for the delivery of the property thereof to the plaintiff, if the delivery be adjudged, and for the payment to the plaintiff of such sum as may be recovered against the defendant.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 810.06; 1977 c. 308.
WI Stat § 810.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.07 - Justification of sureties.

810.07  Justification of sureties. The plaintiff may within 3 days after notification by the sheriff that the defendant demands a return of the property except to the defendant's sureties by motion to the judge or judicial officer under s. 810.08 (2), and the judge or judicial officer shall determine the sufficiency of the sureties provided for the bond.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 810.07; 1977 c. 308.
WI Stat § 810.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.08 - Affidavit and justification of sureties.

810.08  Affidavit and justification of sureties. (1) The sureties, under this chapter, shall append to their bond their affidavits in which each shall swear that he or she is a resident freeholder and is worth the sum stated in the bond above his or her liabilities in property in this state not exempt from execution. (2) The justification of sureties under this chapter shall be before a judge on not less than 2 nor more than 6 days' notice. Each surety must swear that he or she is a resident freeholder in this state and is worth the sum stated in the surety's bond above the surety's liabilities in property in this state not exempt from execution. But if there are more than 2 sureties on any bond they may be accepted if they shall justify severally in sums which aggregate double the sum named in the bond.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.08; 1993 a. 486.
WI Stat § 810.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.09 - Property in building, how taken.

810.09  Property in building, how taken. If the property or any part thereof is in a building or enclosure the sheriff may demand its delivery. If the property is not delivered the sheriff shall advise the plaintiff of the refusal of the delivery. The plaintiff may then apply to the court for a warrant upon a sufficient showing of probable cause that the property is contained in the building or enclosure and upon delivery of the warrant of the judicial officer to the sheriff the sheriff may then enter and take the property.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.09; 1977 c. 308.
WI Stat § 810.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.10 - Property, how kept.

810.10  Property, how kept. The sheriff shall keep the property taken in a secure place and deliver it to the party entitled thereto upon receiving the sheriff's lawful fees for taking and the sheriff's necessary expenses for keeping the same.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.10; 1993 a. 486.
WI Stat § 810.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.11 - Claims of 3rd parties; indemnity to officer.

810.11  Claims of 3rd parties; indemnity to officer. If the property taken is claimed by a 3rd person, the 3rd person may make application to the judge or judicial officer under ss. 810.02 and 810.03 for an order directing that the 3rd person be given delivery of the property so claimed. Any person having possession of the property may move the court to vacate or modify the order directing delivery to the 3rd-party claimant, or post bond in the same manner provided for the defendant. History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.11; 1977 c. 308; 2005 a. 253.
WI Stat § 810.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.12 - Papers filed.

810.12  Papers filed. The sheriff shall file a return or any other papers relating to any actions by the sheriff made under this chapter within a reasonable time after service.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.12; 1977 c. 308.
WI Stat § 810.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.13 - Verdict.

810.13  Verdict. (1) Upon the trial, the court or jury shall find all of the following:(a) Whether the plaintiff is entitled to possession of the property involved.(b) Whether the defendant unlawfully took or detained the property involved.(c) The value of the property involved.(d) The damages sustained by the successful party from any unlawful taking or unjust detention of the property to the time of the trial. (2) Judgment shall be entered in accordance with s. 810.14.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 810.13; 1995 a. 225.Although an original taking of property is lawful, its subsequent detention may be unlawful. Capitol Sand & Gravel Co. v. Waffenschmidt, 71 Wis. 2d 227, 237 N.W.2d 745 (1976).While a wrongful detention claim may arise when an initially lawful possession becomes unlawful by exceeding the owner's authorization, this is not the only factual scenario that gives rise to such a claim. A wrongful detention claim may arise against a possessor of previously converted or wrongfully taken property. Mueller v. TL90108, LLC, 2020 WI 7, 390 Wis. 2d 34, 938 N.W.2d 566, 17-1962.
WI Stat § 810.14 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.14 - Judgment in replevin.

810.14  Judgment in replevin. In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s. 810.06, judgment may be as aforesaid or absolutely for the value thereof at the plaintiff's option, and damages for the detention. If the property shall have been delivered to the plaintiff under ss. 810.01 to 810.13 and the defendant prevails, judgment for the defendant may be for a return of the property or the value thereof, at the defendant's option, and damages for taking and withholding the same.History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 778 (1975); Stats. 1975 s. 810.14; 1993 a. 486.Damages for the loss of use of detained property must be based on a showing that the plaintiff was in a position to use the property and that the property would have been used but for the unlawful detainer. Korb v. Schroedel, 93 Wis. 2d 207, 286 N.W.2d 589 (1980).A successful plaintiff in a replevin action is entitled to damages. If the property is recovered by the owner, the damages are usually measured by interest and, if the property depreciates in value during the time of the wrongful detention, the amount of the depreciation. Global Steel Products v. Ecklund Carriers, Inc. 2002 WI App 91, 253 Wis. 2d 588, 644 N.W.2d 269, 01-1151.A party bringing an action for replevin may recover not only possession of personal property but also damages for its detention. To that effect, the legislature has enacted two statutes of repose—s. 893.35 regarding recovering possession of the property and s. 893.51 (1) with respect to damages. Mueller v. TL90108, LLC, 2020 WI 7, 390 Wis. 2d 34, 938 N.W.2d 566, 17-1962.
WI Stat § 810.15 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 810 - Replevin.|810.15 - Judgment in replevin against principal and sureties.

810.15  Judgment in replevin against principal and sureties. The judgment in replevin may be entered both against the principal and the sureties on the principal's bond for a return or delivery of the property, as prescribed in ss. 810.01 to 810.13; and where the officer, to whom the execution thereon is directed, cannot find sufficient property of the principal to satisfy the execution, the officer shall satisfy it out of the property of such sureties; and the execution shall so direct.History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975), 778; Stats. 1975 s. 810.15; 1993 a. 486.
WI Stat § 811.001 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.001 - Definitions.

811.001  Definitions. In this chapter: (1) “Defendant" includes the spouse or former spouse of the defendant if the action against the defendant is in connection with an obligation described under s. 766.55 (2). (2) “Property of his or her debtor" and “property of the defendant" include the marital property interest of the spouse or former spouse of the debtor or defendant if the action against the debtor or defendant is in connection with an obligation described under s. 766.55 (2).History:  1985 a. 37; 1993 a. 486.
WI Stat § 811.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.01 - Attachment; municipal corporation.

811.01  Attachment; municipal corporation. Any creditor may attach the property of his or her debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter. No writ of attachment shall be issued against a municipal corporation, as defined in s. 67.01 or to recover the price or value of intoxicating liquors sold at retail.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.01; 1993 a. 486.The doctrine of marshaling assets is discussed. Moser Paper Co. v. North Shore Pub. Co. 83 Wis. 2d 852, 266 N.W.2d 411 (1978).
WI Stat § 811.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.02 - Writ; form and contents.

811.02  Writ; form and contents. The writ of attachment shall be issued by a judge or other judicial officer on the request of the plaintiff at any time before final judgment and after a summons and a complaint are filed. It shall be directed to the sheriff of some county in which the property of the defendant is supposed to be, and shall require the sheriff to attach all the property of the defendant within the county or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses. It shall be in the name of the court and be sealed with its seal. If the amount of money sought was excluded from the demand for judgment, as required under s. 802.02 (1m), the court shall require the plaintiff to specify the amount of money claimed and provide that information to the court and to the other parties prior to the court issuing the writ.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.02; 1977 c. 412; 1987 a. 256.Judicial Council Committee Note, 1974: The amendment precludes attachment prior to commencement of action by filing of the summons and complaint. [Re Order effective Jan. 1, 1976]
WI Stat § 811.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.04 - Amendment to affidavit.

811.04  Amendment to affidavit. The affidavit required by s. 811.03 may be amended at any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 778 (1975); Stats. 1975 s. 811.04.
WI Stat § 811.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.06 - Bond; justification.

811.06  Bond; justification. Before the writ of attachment is executed, a bond on the part of the plaintiff in a sum set by the judge or the judicial officer issuing the writ of attachment in an amount sufficient to provide adequate security to the defendant for any damages the defendant may sustain by reason of the attachment, shall be filed with the court to the effect that if the defendant recovers judgment the plaintiff shall pay all damages which the defendant may sustain by reason of the attachment. The affidavit of the surety annexed to the bond shall state that the surety is a resident and householder or freeholder within the state and worth double the sum specified in the bond in property therein above his or her debts and exclusive of property exempt from execution. No bond is necessary when this state or any county, town or municipality therein is plaintiff.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.06; 1977 c. 412.The bond may be executed by the plaintiff's attorney on the plaintiff's behalf. Plan Credit Corp. v. Swinging Singles, Inc. 54 Wis. 2d 146, 194 N.W.2d 822 (1972).
WI Stat § 811.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.07 - Additional security.

811.07  Additional security. In case the defendant is not satisfied with the amount specified in the bond or with the surety, the defendant may, upon 5 days' notice to the plaintiff, apply to a judge for additional security and the judge may require the plaintiff to give and file another bond, to be approved by the judge, in such sum as the judge shall consider proper, not exceeding the appraised value of the property attached. The surety shall justify as provided in s. 811.06; but if there be more than one surety, the sureties may be accepted if they are jointly responsible for the required sum.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 778 (1975); Stats. 1975 s. 811.07; 1993 a. 486.
WI Stat § 811.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.08 - Officer's return.

811.08  Officer's return. The officer executing the writ shall return thereon all of the officer's proceedings and within 10 days from receipt of the bond shall file the writ, affidavit and bond with the clerk of the court.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.08; 1993 a. 486.Judicial Council Committee Note, 1974: The amendment precludes attachment prior to commencement of action by filing of the summons and complaint. [Re Order effective Jan. 1, 1976]
WI Stat § 811.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 811 - Attachment.|811.09 - Alias writs.

811.09  Alias writs. Alias writs of attachment may be issued to the sheriffs of different counties at any time before judgment. In such case a copy of the affidavit and bond annexed to the original writ shall be annexed to such alias writ. Such alias writs shall be executed and returned in the same manner as the original.History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.09.