reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 786 - Disposition of lands of wards; specific performance; change of names; establish heirships. › 786.58 - Liability for fraud.

786.58
Liability for fraud.
A guardian who fraudulently sells real estate of the ward, contrary to the provisions of law, is liable in double the value of the land sold as damages, to be recovered in an action by any person having an inheritance therein.
History:  1979 c. 32 s. 63; 1979 c. 176; Stats. 1979 s. 786.58.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.015 - Agreement to arbitrate real estate transaction disputes.

788.015
Agreement to arbitrate real estate transaction disputes.
A provision in any written agreement between a purchaser or seller of real estate and a real estate broker, or between a purchaser and seller of real estate, to submit to arbitration any controversy between them arising out of the real estate transaction is valid, irrevocable and enforceable except upon any grounds that exist at law or in equity for the revocation of any agreement. The agreement may limit the types of controversies required to be arbitrated and specify a term during which the parties agree to be bound by the agreement.
History:  1991 a. 163.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.04 - Arbitrators, how chosen.

788.04
Arbitrators, how chosen.
(1)
If, in the agreement, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire that method shall be followed. If no method is provided in the agreement, or if a method is provided and any party thereto fails to make use of the method, or if for any other reason there is a lapse in the naming of an arbitrator or arbitrators or an umpire, or in filling a vacancy, then upon the application of either party to the controversy, the court specified in s. 788.02 or the circuit court for the county in which the arbitration is to be held shall designate and appoint an arbitrator, arbitrators or umpire, as the case or sub. (2) may require, who shall act under the agreement with the same force and effect as if specifically named in the agreement; and, except as provided in sub. (2) or unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.
(2)
A panel of arbitrators, consisting of 3 persons shall be appointed to arbitrate actions to recover damages for injuries to the person arising from any treatment or operation performed by or any omission by any person who is required to be licensed, registered or certified to treat the sick as defined in s. 448.01 (10).
(a)
One arbitrator shall be appointed by the court from a list of attorneys with trial experience. The list shall be prepared and periodically revised by the State Bar of Wisconsin.
(b)
One arbitrator shall be appointed by the court from lists of health professionals prepared and periodically revised by the appropriate statewide organizations of health professionals. The lists shall designate the specialty, if any, of each health professional listed. The organizations of health professionals shall assist the court to determine the appropriate specialty of the arbitrator for each action to be arbitrated.
(c)
One arbitrator who is not an attorney or a health professional shall be appointed by the court.
(d)
Any person appointed to the arbitration panel may disqualify himself or herself or be disqualified by the court if any reason exists which requires disqualification. A substitute member of the arbitration panel shall be chosen in the same manner as the person disqualified was chosen.
(e)
No member of the panel may participate in any subsequent court proceeding on the action arbitrated as either a counsel or a witness unless the court deems the member's testimony necessary for hearings under s. 788.10 or 788.11.
History:  1975 c. 43, 199; 1977 c. 26 s. 75; 1977 c. 418 s. 929 (41); 1977 c. 449; 1979 c. 32 ss. 64, 92 (15); Stats. 1979 s. 788.04; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.05 - Court procedure.

788.05
Court procedure.
Any application to the court hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.05.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.06 - Hearings before arbitrators; procedure.

788.06
Hearings before arbitrators; procedure.
(1)
When more than one arbitrator is agreed to, all of the arbitrators shall hear the case unless all parties agree in writing to proceed with a lesser number.
(2)
Any arbitrator may issue a subpoena under ch. 885 or may furnish blank forms therefor to a representative for any party to the arbitration. The representative may issue a subpoena under s. 805.07. The arbitrator or representative who issues the subpoena shall sign the subpoena and provide that the subpoena is served as prescribed in s. 805.07 (5). If any person so served neglects or refuses to obey the subpoena, the issuing party may petition the circuit court for the county in which the hearing is held to impose a remedial sanction under ch. 785 in the same manner provided for witnesses in circuit court. Witnesses and interpreters attending before an arbitration shall receive fees as prescribed in s. 814.67.
History:  1985 a. 168.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.07 - Depositions.

788.07
Depositions.
Upon petition, approved by the arbitrators or by a majority of them, any court of record in and for the county in which such arbitrators, or a majority of them, are sitting may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and for the same reasons as provided by law for the taking of depositions in suits or proceedings pending in the courts of record in this state.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.07.
Arbitrators have no inherent authority to dictate the scope of discovery. Absent an express agreement, the parties are limited to the procedure for depositions, as described in this section. Borst v. Allstate Insurance Co., 2006 WI 70, 291 Wis. 2d 361, 717 N.W.2d 42, 04-2004.
For a party in arbitration to enjoy discovery outside of that allowed by this section, an insurance policy must provide for it expressly, explicitly, specifically, and in a clearly drafted clause. For a policy to adequately describe the discovery mechanisms to be used at arbitration, it must indicate in the policy that the mechanisms are in fact discovery mechanisms and that they are meant to be available at arbitration. A provision stating that “local rules of law as to procedure and evidence will apply" was not an explicit, specific, and clearly drafted reference to ch. 804 or to any other discovery rules. Marlowe v. IDS Property Casualty Insurance Co., 2013 WI 29, 346 Wis. 2d 450, 828 N.W.2d 812, 11-2067.
Borst Clarifies Arbitration Procedures. Frankel. Wis. Law. Dec. 2006.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.09 - Court confirmation award, time limit.

788.09
Court confirmation award, time limit.
At any time within one year after the award is made any party to the arbitration may apply to the court in and for the county within which such award was made for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified or corrected under s. 788.10 or 788.11. Notice in writing of the application shall be served upon the adverse party or the adverse party's attorney 5 days before the hearing thereof.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.09; 1981 c. 390; 1993 a. 486.
The time limit under s. 788.13 does not apply when the prevailing party moves to confirm under this section and the adverse party wishes to raise objections under ss. 788.10 and 788.11. Milwaukee Police Ass'n v. City of Milwaukee, 92 Wis. 2d 145, 285 N.W.2d 119 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.11 - Modification of award.

788.11
Modification of award.
(1)
In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration:
(a)
Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award;
(b)
Where the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted;
(c)
Where the award is imperfect in matter of form not affecting the merits of the controversy.
(2)
The order must modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.11.
The intent of the parties controls a determination under sub. (1) (b) whether a matter was submitted to the arbitrator. Milwaukee Professional Firefighters, Local 215 v. City of Milwaukee, 78 Wis. 2d 1, 253 N.W.2d 481 (1977).
A court had no jurisdiction to vacate or modify an award if grounds under this section or s. 788.10 did not exist. Milwaukee Police Ass'n v. City of Milwaukee, 92 Wis. 2d 175, 285 N.W.2d 133 (1979).
The arbitration panel's decision in this case was properly modified by the circuit court under this section and s. 788.10 because the arbitrators exceeded their authority by failing to fully review and apply the supreme court's decisions on the collateral source rule and the law of damages. Orlowski v. State Farm Mutual Automobile Insurance Co., 2012 WI 21, 339 Wis. 2d 1, 810 N.W.2d 775, 09-2848.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.12 - Judgment.

788.12
Judgment.
Upon the granting of an order confirming, modifying or correcting an award, judgment may be entered in conformity therewith in the court wherein the order was granted.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.12.
There is no statutory authority for awarding costs to a party in an arbitration proceeding. Finkenbinder v. State Farm Mutual Auto Insurance Co., 215 Wis. 2d 145, 572 N.W.2d 501 (Ct. App. 1997), 97-0357.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.13 - Notice of motion to change award.

788.13
Notice of motion to change award.
Notice of a motion to vacate, modify or correct an award must be served upon the adverse party or attorney within 3 months after the award is filed or delivered, as prescribed by law for service of notice of a motion in an action. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.
History:  1979 c. 32 s. 64; 1979 c. 176; Stats. 1979 s. 788.13.
The time limit under this section does not apply when the prevailing party moves to confirm under s. 788.09 and an adverse party wishes to raise objections under ss. 788.10 and 788.11. Milwaukee Police Ass'n v. City of Milwaukee, 92 Wis. 2d 145, 285 N.W.2d 119 (1979).
Under federal labor law, this section governs challenges to arbitration decisions. Teamsters Local No. 579 v. B&M Transit, Inc., 882 F. 2d 274 (1989).
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.14 - Papers filed with motion regarding award; entry of judgment, effect of judgment.

788.14
Papers filed with motion regarding award; entry of judgment, effect of judgment.
(1)
Any party to a proceeding for an order confirming, modifying or correcting an award shall, at the time the order is filed with the clerk of circuit court for the entry of judgment thereon, also file the following papers with the clerk of circuit court:
(a)
The agreement, the selection or appointment, if any, of an additional arbitrator or umpire, and each written extension of the time, if any, within which to make the award;
(b)
The award;
(c)
Each notice, affidavit or other paper used upon an application to confirm, modify or correct the award, and a copy of each order of the court upon such an application.
(2)
The judgment shall be entered in the judgment and lien docket as if it was rendered in an action.
(3)
The judgment so entered shall have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.14; 1995 a. 224.
Section 806.07 (1) can be used to reopen judgments confirming arbitration awards. Under sub. (3), a judgment confirming an arbitration award shall “have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action." Sands v. Menard, Inc., 2013 WI App 47, 347 Wis. 2d 446, 831 N.W.2d 805, 12-0286.
2023 Wisconsin Statutes & Annotations › Chapter 788 - Arbitration. › 788.15 - Appeal from order or judgment.

788.15
Appeal from order or judgment.
An appeal may be taken from an order confirming, modifying, correcting or vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action.
History:  1979 c. 32 s. 64; Stats. 1979 s. 788.15.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.02 - Counterclaims and cross complaints.

799.02
Counterclaims and cross complaints.
(1)
If a counterclaim or cross complaint is filed, which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and which is beyond the limitations of s. 799.01, the person filing the same shall pay the fee prescribed in s. 814.62 (3) (b), 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).
(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.
(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:
(a)
That a counterclaim or cross complaint has been filed in the action.
(b)
That as a result of that filing the entire matter may be tried under chs. 801 to 847 procedure.
(c)
That the summons, specifying the time and date the parties are required to appear at court, may no longer apply.
(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.
(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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1979 c. 32 ss. 66, 92 (16); 1979 c. 89, 177; Stats. 1979 s. 799.02; 1981 c. 317; 1987 a. 208.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.03 - Definition.

799.03
Definition.
In this chapter unless otherwise designated, “court" means circuit court and “court" does not mean circuit court commissioner.
History:  1977 c. 345; 1977 c. 449 s. 497; 1979 c. 32 ss. 64, 92 (16); Stats. 1979 s. 799.03; 1983 a. 228; 2001 a. 61.
Judicial Council Note, 1983: The first sentence is deleted because it has been construed to mean that actions for $1,000 or less need not be jurisdictionally brought under ch. 799. State v. Hervey, 113 Wis. 2d 634 (1983). Under revised s. 799.01, the circuit court lacks jurisdiction over certain actions unless ch. 799 procedures are followed. [Bill 324-S]
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.04 - Relation of this chapter to other procedural rules.

799.04
Relation of this chapter to other procedural rules.
(1)
General. Except as otherwise provided in this chapter, the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to actions and proceedings under this chapter. Any judicial proceeding authorized to be conducted under s. 807.13 may be so conducted in actions under this chapter.
(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 750,000 or more, the summons shall have all provisions printed in both English and Spanish.
History:  Sup. Ct. Order, 67 Wis. 2d 776; 1977 c. 345; 1979 c. 32 ss. 66, 92 (16); 1979 c. 89; Stats. 1979 s. 799.04; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 2017 a. 207 s. 5.
Judicial Council Note, 1988: Sub. (1) is amended to authorized the use of telephone conferences in proceedings under this chapter whenever such conferences would be so authorized in other civil actions. [Re Order effective Jan. 1, 1988]
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.06 - Actions; how commenced, pleadings, appearances.

799.06
Actions; how commenced, pleadings, appearances.
(1)
Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or circuit court commissioner may require written pleadings in a particular case.
(2)
A person may commence and prosecute or defend an action or proceeding under 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 member, as defined in s. 183.0102 (11), agent, or authorized employee of the person, or by an agent of the member or an authorized employee of the agent. 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.
(3)
(a)
The complaint in an eviction action shall conform to s. 799.41. The complaint in other actions under this chapter shall be in writing and shall be substantially in the following form:
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
A. B.
Address
City, State Zip Code File No. ....
, Plaintiff
vs. C O M P L A I N T
C. D.
Address .... (Case Classification Type): .... (Code No.)
City, State Zip Code
, Defendant
For the Plaintiff's claim against Defendant, Plaintiff states that:
1. Plaintiff's injuries or losses occurred on or about .... (month and day), .... (year), and under the following circumstances (brief statement of the facts of plaintiff's claim):
2. Wherefore, Plaintiff demands judgment for (return of property) (confirmation, vacation, modification or correction of arbitration award) (the sum of $....) plus attorney fees, if any, costs of this suit and such other relief as the court deems proper.
Signed: ....
A. B., Plaintiff
or
E. F., Plaintiff's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
(b)
A court may not require that a person filing a summons or complaint under this chapter have the summons or complaint notarized.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 764 (1975); 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 108; Stats. 1979 s. 799.06; 1987 a. 208; 1991 a. 163; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1997 a. 250; 2001 a. 61; 2013 a. 76; 2017 a. 317; 2021 a. 258.
Sub. (2) authorizes a non-lawyer employee to represent a party to a small claims action at the appellate as well as trial court level. Holz v. Busy Bees Contracting, Inc. 223 Wis. 2d 598, 589 N.W.2d 633 (Ct. App. 1998), 98-1076.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.07 - File of summons; forfeiture tickets; warrants.

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.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.09 - Public information.

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.
History:  1977 c. 345, 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.09; 1987 a. 208.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.10 - Case file, court record.

799.10
Case file, court record.
(1)
Clerk to maintain court record and case file. The clerk of circuit court shall maintain a court record of small claims cases, and a case file for each case in which there are papers other than the ones listed in s. 799.07 to be filed.
(2)
Entries; what to contain. Entries in the court record shall include:
(a)
The number of the case;
(b)
The title of every action including the full names of the parties and their addresses, if known. If service is by mail, the clerk shall also enter the date when the summons is mailed to any defendant, and the name of the person to whom mailed;
(c)
The names of attorneys, if any, appearing in the action;
(d)
Type of action by reference to s. 799.01;
(e)
Nature of plea in forfeiture actions;
(f)
The judgment or final order entered, date of entering it and the amount of forfeiture or damages, costs and fees due to each person separately;
(g)
Satisfaction of forfeiture, or commitment for nonpayment of forfeiture or judgment;
(h)
The date of mailing notice of entry of judgment or final order as provided in s. 799.24;
(i)
Such additional entries as may be necessary to supply essential information not contained in the case file or reporter's record.
(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.
(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.
History:  1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.10; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.11 - Venue.

799.11
Venue.
(1)
The venue of actions in which the procedure of this chapter is used is as follows:
(a)
In actions for garnishment, any county in which the garnishee resides or, if not a resident of the state, is found; or, the county in which the summons in the principal action has issued or where the judgment therein is entered.
(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.
(c)
In actions for a forfeiture, the county in which the act occurred on which the action for forfeiture is based.
(d)
In actions to recover a tax, the county in which the tax was levied.
(e)
In all other actions, the county specified by s. 801.50.
(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.
(3)
When, in any action under this chapter, it appears from the return of service of the summons or otherwise that the county in which the action is pending is not a proper place of trial and that another county would be a proper place of trial, the court or circuit court commissioner shall, on motion of a party or its own motion, transfer the action to that county unless the defendant appears and waives the improper venue. The clerk of the court to which the action is transferred shall issue a new notice of return date upon payment of the fee required by s. 814.61 (2) (a).
History:  1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.11; 1981 c. 300; 1981 c. 390 s. 252; 1983 a. 228, 389, 538; 1987 a. 208; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.14 - Failure of actual notice of suit by mail.

799.14
Failure of actual notice of suit by mail.
(1)
Petition; hearing; trial on merits. In any action, where service of summons is made by mailing, a defendant, at any time within 15 days of receiving actual knowledge of the pendency of the action or of the entry of judgment against the defendant, if judgment 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.
(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).
History:  1979 c. 32 s. 66; 1979 c. 176; Stats. 1979 s. 799.14; 1999 a. 85.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.20 - Answer; counterclaim and cross complaint.

799.20
Answer; counterclaim and cross complaint.
(1)
Pleading on return date or adjourned date. On the return date of the summons or any adjourned date thereof the defendant may answer, move to dismiss under s. 802.06 (2) or otherwise respond to the complaint.
(2)
Cross complaint. In the case of more than one defendant, any cross complaint by one defendant against another who has appeared shall be made or filed on the return date or any adjourned date.
(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 circuit 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 circuit court commissioner that the defendant claims a defense to the action, the court or circuit 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. In a residential eviction action, the court or circuit court commissioner shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 765 (1975); 1977 c. 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.20; 1987 a. 208; 2001 a. 61; 2013 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.205 - Substitution of judge.

799.205
Substitution of judge.
(1)
Any party to a small claims action or proceeding may file a written request with the clerk of courts for a substitution of a new judge for the judge assigned to the case. The written request shall be filed on the return date of the summons or within 10 days 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.
(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.
(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.
(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.
History:  1971 c. 46, 137, 296, 307; 1977 c. 135; 1977 c. 187 s. 135; 1977 c. 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.205; 1987 a. 151.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.206 - Return date proceedings before court commissioner.

799.206
Return date proceedings before court commissioner.
(1)
In counties establishing a circuit court commissioner position under s. 757.68 (5m), all actions and proceedings commenced under this chapter shall be returnable before a circuit court commissioner appointed under s. 757.68 (1) and SCR chapter 75. In any other county, a circuit court commissioner may conduct return date proceedings if delegated such authority under s. 757.69 (1) (d).
(2)
Judgment on failure to appear may be entered by the circuit court commissioner or the clerk upon the return date as provided in s. 799.22.
(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 raises valid legal grounds for a contest, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.
(4)
Except as provided in sub. (3), the circuit court commissioner shall hear all matters using the procedures set forth in s. 799.207.
History:  1977 c. 345; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.206; 1987 a. 208; 2001 a. 61; 2013 a. 76; 2017 a. 317.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.207 - Proceedings before circuit court commissioner.

799.207
Proceedings before circuit court commissioner.
(1)
(a)
Any circuit court commissioner assigned to assist in small claims matters may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues.
(b)
Except as provided in par. (e), a decision shall be rendered by the circuit 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.
(c)
The proceedings shall be conducted as provided in s. 799.209.
(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.
(e)
If the circuit 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.
(2)
The circuit court commissioner's decision shall become a judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except that:
(a)
Default judgments will have immediate effect.
(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.
(3)
(a)
There is an absolute right to have the matter heard before the court if the requirements of this section are complied with.
(b)
The circuit 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.
(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.
(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.
(4)
Following the timely filing of a demand for trial, the court shall mail a trial date to all of the parties.
(5)
A timely filing of a demand for trial shall result in a new trial before the court on all issues between the parties.
History:  1977 c. 345; 1979 c. 32 s. 66; 1979 c. 110; Stats. 1979 s. 799.207; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 208; 2001 a. 61.
Judicial Council Note, 1988: The substance of sub. (5) (b) is retained in s. 799.208. [Re Order effective Jan. 1, 1988]
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.208 - Pretrial conference.

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).
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.209 - Procedure.

799.209
Procedure.
At any trial, hearing or other proceeding under this chapter:
(1)
The court or circuit court commissioner shall conduct the proceeding informally, allowing each party to present arguments and proofs and to examine witnesses to the extent reasonably required for full and true disclosure of the facts.
(2)
The proceedings shall not be 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 circuit 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.
(3)
The court or circuit 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 circuit court commissioner.
(4)
The court or circuit 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.
History:  1987 a. 208; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.21 - Trial.

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, 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. In eviction actions, the demand shall be filed at or before the time of joinder of issue; in all other actions within 20 days thereafter.
(b)
In counties in which a circuit court commissioner is assigned to assist in small claims matters, 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.
(4)
Jury procedure. If there is a demand for a trial by jury, the judge or circuit 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).
History:  Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1977 c. 345, 449; 1979 c. 32 s. 66; 1979 c. 128; Stats. 1979 s. 799.21; 1981 c. 317; 1987 a. 208; 2001 a. 61.
Requiring the payment of a jury fee did not violate the right to a trial by jury. County of Portage v. Steinpreis, 104 Wis. 2d 466, 312 N.W.2d 731 (1981).
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.215 - Trial by court, findings and judgment.

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.
History:  1979 c. 32 s. 66; Stats. 1979 s. 799.215.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.22 - Judgment on failure to appear or answer.

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 motion.
(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.
(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.
(4)
Pleading in lieu of appearance.
(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.
(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.
(b)
If a court adopts a rule under par. (a), then all of the following apply:
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).
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).
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.
History:  1979 c. 32 s. 66; Stats. 1979 s. 799.22; 1987 a. 208; 1989 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.225 - Dismissal of pending actions.

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; Stats. 1979 s. 799.225.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.24 - Judgment.

799.24
Judgment.
(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 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.
(2)
Applicability of s. 806.15. Section 806.15 shall apply with respect to judgments entered in the judgment and lien docket.
(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 circuit 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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1977 c. 345; 1979 c. 32 s. 66; Stats. 1979 s. 799.24; 1981 c. 317; 1983 a. 302 s. 8; 1987 a. 208; 1995 a. 224; 1997 a. 27; 2001 a. 61.
When written notice of entry of judgment showed an incorrect date of entry, the time to appeal under s. 808.04 (1) was not shortened to 45 days. Mock v. Czemierys, 113 Wis. 2d 207, 336 N.W.2d 188 (Ct. App. 1983).
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12 percent, and may be enforced through collection remedies available in other civil proceedings. OAG 2-95.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.25 - Costs.

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 (4), if paid.
(5)
Garnishee fee. Any garnishee fee paid.
(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.
(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 percent of the amount recovered unless an order is entered specifying the amount to be paid in excess of 50 percent and the reasons therefor.
(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).
(10)
Attorney fees.
(a)
Attorney fees as provided in s. 814.04 (1) and (6), except if the amount of attorney fees is otherwise specified by statute.
(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.
(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.
(d)
No attorney fees may be taxed in behalf of any party unless the party appears by an attorney other than himself or herself.
(11)
Additional costs. Additional costs as may be allowed to a municipality under s. 814.63 (2).
(12)
Security for costs. When security for costs shall be ordered pursuant to s. 814.28, the maximum amount allowed shall be $50.
(13)
Additional costs and disbursements. The court may permit additional costs and disbursements to be taxed pursuant to ch. 814.
History:  1971 c. 32; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1977 c. 187, 449; 1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.25; 1981 c. 317 ss. 85sn to 85sz, 2202; 1981 c. 365, 391; 1987 a. 208; 1989 a. 359; 1993 a. 490.
A court commissioner lacked jurisdiction over a counterclaim alleging a frivolous action, and the commissioner's order finding the claim not frivolous was void. Hessenius v. Schmidt, 102 Wis. 2d 697, 307 N.W.2d 232 (1981).