reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 812 - Garnishment. › 812.41 - Garnishee liability.

812.41
Garnishee liability.
(1)
If the garnishee fails to pay over funds to which the creditor is entitled under this subchapter within the time required under s. 812.39, the creditor may, upon notice to all of the parties, move the court for judgment against the garnishee in the amount of the unsatisfied judgment plus interest and costs. The garnishee may assert the affirmative defense that the amount of the debtor's nonexempt disposable earnings that the creditor should have been paid is less than the amount of the unsatisfied judgment balance. If the garnishee proves that defense, the garnishee's liability is limited to the amount the creditor should have been paid or $100, whichever is greater.
(2)
The debtor may move the court for judgment against the garnishee for the debtor's actual damages if the garnishee deducts more from the debtor's earnings than is authorized by this subchapter.
(3)
In any proceeding under sub. (2), the garnishee may assert the affirmative defense that the wrongful conduct of the garnishee was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid that error. If the garnishee proves that defense, liability of the garnishee is limited to the return to the debtor of any exempt disposable earnings paid to the creditor.
History:  1993 a. 80.
NOTE:  1993 Wis. Act 80 contains judicial council notes.
When a garnishee/employer failed to withhold any wages in an earnings garnishment, the plaintiffs action against the employer for its failure to respond to the garnishment complaint was an action against the employer only. Consequently, the bankruptcy law automatic stay provisions do not apply. Kenosha Hospital & Medical Center v. Garcia, 2004 WI 105, 274 Wis. 2d 338, 683 N.W.2d 851, 02-1727.
The notice of motion for judgment against the garnishee in an earnings garnishment procedure should be served like a summons in the present case rather than as a paper in a pending action. Kenosha Hospital v. Garcia, 2004 WI 105, 274 Wis. 2d 338, 683 N.W.2d 851, 02-1727.
This section does not state that a creditor may not accept garnishment payments that the garnishee wrongfully withheld from the debtor's earnings. Rather, the garnishee is liable to the debtor for actual damages if it “deducts more from the debtor's earnings than is authorized by this subchapter." No provision grants the debtor a claim against the creditor for accepting earnings that the garnishee wrongfully deducted, nor does the statute instruct the creditor to return wrongfully deducted earnings to the garnishee or to forward them to the debtor. If the garnishee wrongfully withholds the debtor's earnings and sends them to the creditor, the creditor may accept the payments, and the debtor's remedy for having his or her earnings wrongfully garnished lies against the garnishee. Whitehead v. Discover Bank, 221 F. Supp. 3d 1055 (2016).
2023 Wisconsin Statutes & Annotations › Chapter 812 - Garnishment. › 812.42 - Garnishment of earnings of public officers and employees.

812.42
Garnishment of earnings of public officers and employees.
(1)
(a)
This section does not apply or extend to money due to an officer or employee for reimbursement for expenditures made by him or her in the discharge of his or her duties.
(b)
Actions under this section are subject to rules promulgated under s. 16.53 (1) (d) 4.
(2)
(a)
Except as provided in this section, the procedures in earnings garnishment actions brought against the state or a political subdivision of the state shall be as provided in this subchapter. The creditor shall serve the earnings garnishment forms under s. 812.35 upon the department of administration if the state is the garnishee; upon the city treasurer if a 1st class city is the garnishee; and upon the secretary or clerk if any other political subdivision is the garnishee.
(b)
Notwithstanding ss. 812.35 and 812.40, a garnishment of earnings payable to a debtor by the state or a political subdivision of the state shall remain valid and effective until the judgment is satisfied, unless sooner terminated by order of the court.
(c)
In addition to the $15 garnishee fee, the garnishee shall receive a $3 fee for each payment delivered to the creditor under s. 812.39 after the first payment. That additional fee shall be deducted from the moneys delivered to the creditor. Those fees become part of the funds of the state if the department of administration is the garnishee, or funds of the appropriate governmental subdivision if any other governmental entity is the garnishee. The judgment creditor shall pay the initial garnishee fee to the secretary of administration or other governmental subdivision, as applicable.
History:  1993 a. 80; 2003 a. 33.
NOTE:  1993 Wis. Act 80 contains judicial council notes.
2023 Wisconsin Statutes & Annotations › Chapter 812 - Garnishment. › 812.43 - Retaliation by garnishee for earnings garnishment forbidden.

812.43
Retaliation by garnishee for earnings garnishment forbidden.
Unless permitted under any applicable collective bargaining agreement, a garnishee shall not impose any fee or take any adverse action against a debtor by reason of the garnishment of the debtor's earnings. If a garnishee violates this section, the debtor may bring an action for reinstatement, back wages and benefits, restoration of seniority, other relief allowed by law and reasonable attorney fees incurred in bringing this action.
History:  1993 a. 80.
NOTE:  1993 Wis. Act 80 contains judicial council notes.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.01 - Order substituted for injunction.

813.01
Order substituted for injunction.
The writ of injunction is abolished. An injunction may be the final judgment in the action or may be allowed as a provisional remedy therein; and when so allowed it shall be by order as prescribed by this chapter.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.01.
An injunction may be used to prevent prospective violations of a restrictive covenant. Cobb v. Milwaukee County, 60 Wis. 2d 99, 208 N.W.2d 848 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.015 - Subject matter jurisdiction.

813.015
Subject matter jurisdiction.
In an action filed pursuant to s. 813.12, 813.122, or 813.125, the court has jurisdiction of the subject matter under s. 801.04 regardless of whether the alleged abuse or harassment occurred within the state.
History:  2015 a. 4.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.025 - Ex parte restraining orders; right of review of certain orders.

813.025
Ex parte restraining orders; right of review of certain orders.
(1)
No circuit or supplemental court commissioner may issue any injunction or order suspending or restraining the enforcement or execution of any statute of the state or of any order of an administrative officer, board, department, commission or other state agency purporting to be made pursuant to the statutes of the state. If so issued, the injunction or order shall be void.
(2)
The application for such an injunction or restraining order made to a court shall not be heard except upon notice to the attorney general and to such other persons as may be defendants in the action; but if the court is of the opinion that irreparable loss or damage will result to the applicant unless a temporary restraining order is granted, the court may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction. However, such temporary restraining order shall be effective only for 5 days unless extended after notice and hearing thereon, or upon written consent of the parties or their attorneys, and in no event shall such temporary restraining order remain in force beyond the time of the determination of the application for an interlocutory injunction.
(3)
If a circuit court or a court of appeals enters an injunction, a restraining order, or any other final or interlocutory order suspending or restraining the enforcement of any statute of this state, the injunction, restraining order, or other final or interlocutory order is immediately appealable as a matter of right.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.025; 1979 c. 111; 1983 a. 204; 2001 a. 61; 2013 a. 156.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.026 - Remedy against heirs and legatees; temporary injunction; receivership; judgment.

813.026
Remedy against heirs and legatees; temporary injunction; receivership; judgment.
In an action, in a court of record, for damages founded upon contract or upon a judgment, when it appears that the defendant is interested, as heir, legatee, or devisee, in the estate of a decedent and that the defendant's property that is liable to execution is probably insufficient to satisfy the plaintiff's claim for damages, the defendant may be enjoined by the court, pending the action, from assigning or otherwise disposing of the defendant's interest in the estate, and a receiver for the defendant's interest may be appointed. The judgment may compel the defendant to transfer sufficient of the defendant's interest to satisfy the judgment or may adjudge the transfer. The remedy given by this section is in addition to that given by proceedings supplementary to execution under ch. 816. If a receiver is appointed, he or she shall give prompt notice of the appointment to the personal representative.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975), 779; Stats. 1975 s. 813.026; 1993 a. 486; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.03 - When granted defendant.

813.03
When granted defendant.
A temporary injunction may also be granted on the application of the defendant, when it shall appear that the plaintiff is doing, or threatens, or is about to do, or is procuring or suffering to be done some act in violation of the defendant's rights respecting the subject of the action and tending to the defendant's injury or to render ineffectual such judgment as may be rendered in the defendant's favor.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.03; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.04 - Same; when granted; Sunday or holiday.

813.04
Same; when granted; Sunday or holiday.
The injunction may be granted at any time before judgment upon its appearing satisfactorily to the court or judge, by the complaint or answer or by affidavit that sufficient grounds exist therefor. A copy of the pleading or affidavit on which granted must be served with the injunction unless previously served. In case of exigency an injunction may be granted and may be served on Sunday or on a legal holiday.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.04.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.05 - Notice required.

813.05
Notice required.
(1)
An injunction shall not be allowed after the defendant shall have answered, unless upon notice or upon an order to show cause; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction.
(2)
In an action against an insurance company or fraternal benefit society for an injunction or a receiver the commissioner of insurance shall be notified. Mailing a copy of such notice addressed to the commissioner of insurance at Madison, Wisconsin, shall be sufficient service.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.05.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.06 - Security for damages.

813.06
Security for damages.
In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.06; 1979 c. 32 s. 92 (4); 1983 a. 204; 1985 a. 234 s. 8; 1989 a. 122; 2005 a. 443 s. 265.
An order of the trial court limiting the amount of annual compensation that the corporation could pay the individual defendants until further order was an injunction, and the trial court was required to demand a bond. Becker v. Becker, 66 Wis. 2d 731, 225 N.W.2d 884 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.07 - Assessment of damages; bill of particulars; costs.

813.07
Assessment of damages; bill of particulars; costs.
Upon an assessment of the damages caused by an injunction the defendant may be required to serve upon the plaintiff and the plaintiff's sureties, within such time and in such manner as the court or referee shall direct, a bill of particulars. The plaintiff or the sureties may within 10 days after such service offer in writing to permit the court or referee to assess the defendant's damages at a specified sum together with the costs of such proceeding incurred up to the time of such offer. If such offer be not accepted in writing within 5 days after it is made, it shall be considered withdrawn, and cannot be given in evidence. If the defendant fails to obtain a more favorable assessment of damages, the defendant cannot recover costs, but must pay the costs of the opposite party from the time of the offer.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.07; 1993 a. 486.
Increased construction costs were recoverable even though not in existence when the injunction was issued. Byrnes v. Metz, 53 Wis. 2d 627, 193 N.W.2d 675 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.08 - Injunction, defendant may be heard before enjoined.

813.08
Injunction, defendant may be heard before enjoined.
The court or judge may, before granting the injunction, make an order requiring cause to be shown why the injunction should not be granted, and the defendant may in the meantime be restrained.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.08.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.11 - Injunction, additional security.

813.11
Injunction, additional security.
The party enjoined may, upon notice, apply for additional security and may combine such application with one to vacate or modify the injunction, and the presiding judge may require a further bond, in a sum and with sureties to be approved by the presiding judge, as a condition of the continuance of the injunction.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.11; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.115 - Service notification system.

813.115
Service notification system.
A sheriff who executes or serves, or who assists a petitioner in executing or serving, a temporary restraining order, injunction, or other document or notice under s. 813.12, 813.122, 813.123, or 813.125 may use the Wisconsin Statewide Victim Notification service or another service notification system administered by the department of corrections that enables the petitioner to receive an automated notification of the service of the temporary restraining order, injunction, or other document or notice that must be served on the respondent. A sheriff for a county that uses the system shall enter each order for service into the system as soon as practicable so that the petitioner receives timely notification of the service. The clerk of court for a county that uses a service notification system shall, at the time a petition is filed under s. 813.12, 813.122, 813.123, or 813.125, make available to the petitioner information on how to gain access to the system.
History:  2015 a. 349; 2017 a. 365.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.126 - New hearing or petition for review.

813.126
New hearing or petition for review.
(1)
Time limits for de novo hearing.
If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.
(1m)
Hearing to review a permanent injunction. If a respondent's criminal conviction that formed the basis for a permanent injunction in an action under s. 813.12, 813.122, 813.123, or 813.125 has been vacated, the respondent may file a motion requesting a hearing to review the injunction. The court shall hold the review hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. At the hearing, if the judge finds that the conviction that formed the basis for the permanent injunction has been vacated, the judge shall modify the duration of the injunction or vacate the injunction. In so modifying or vacating the injunction, the judge shall consider all relevant factors, including the risk to the petitioner and the time that has passed since the injunction was ordered. No modified injunction ordered under this subsection may be in effect for a longer period than the maximum period that would have been possible when the injunction was first ordered if the injunction had not been permanent. If the maximum possible period from the time the injunction was first ordered has elapsed, the judge shall vacate the injunction.
(2)
Notice. The clerk of circuit court shall provide notice of a motion under sub. (1) or (1m) to the nonmoving party. This subsection does not apply to a motion to review a denial of a temporary restraining order.
History:  2009 a. 262; 2013 a. 322; 2015 a. 349; 2021 a. 256.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.127 - Combined actions; domestic abuse, child abuse and harassment.

813.127
Combined actions; domestic abuse, child abuse and harassment.
A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122 and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.
History:  1985 a. 234.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.129 - Global positioning system tracking.

813.129
Global positioning system tracking.
(1)
If a person knowingly violates a temporary restraining order or injunction issued under s. 813.12 or 813.125, in addition to other penalties provided in those sections, the court may report the violation to the department of corrections immediately upon the person's conviction and may order the person to submit to global positioning system tracking under s. 301.49.
(2)
Before issuing an order under sub. (1), the court must find that the person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, weighing the following factors:
(a)
Whether the person has allegedly caused physical injury, intentionally abused pets or damaged property, or committed sexual assault, an act of strangulation or forcible entry to gain access to the petitioner.
(b)
Whether the person has threatened any individual, including the petitioner, with harm.
(c)
Whether the person has a history of improperly using or threatening to use a firearm or other dangerous weapon.
(d)
Whether the person has expressed suicidal ideation.
(e)
Whether the person has exhibited obsessive or controlling behavior toward the petitioner or any member of the petitioner's family, including stalking, surveillance, or isolation of the petitioner or any member of the petitioner's family.
(f)
The person's mental health history.
(g)
Whether the person has a history of abusing alcohol or a controlled substance.
(3)
The court may request the department of corrections to provide a validated risk assessment of the person in order to make the findings required in sub. (2).
(4)
If a court enters an order under sub. (1), the court shall provide the person who petitioned for the restraining order or injunction with a referral to a domestic violence or sexual assault victim service provider.
(5)
If, after weighing the factors set forth under sub. (2), the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1).
History:  2011 a. 266; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.13 - Writ of ne exeat.

813.13
Writ of ne exeat.
The court or a judge may grant the writ of ne exeat to prevent any defendant from going out of the state until the defendant shall give security. It may be granted at any time before judgment.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.13; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.14 - Same; when granted.

813.14
Same; when granted.
No writ of ne exeat shall be granted unless it appears to the court or judge by the complaint or an affidavit that grounds exist therefor; and the court or judge granting such writ shall direct to be endorsed thereon the penalty of the bond and security to be given by the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.14.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.15 - Same; discharge of.

813.15
Same; discharge of.
If the defendant shall satisfy the court or judge granting such writ that there is no reason for the defendant's restraint or shall give security for the performance of the judgment in the action, the writ shall be discharged.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.15; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.16 - Receivers.

813.16
Receivers.
A receiver may be appointed:
(1)
On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially impaired.
(2)
By the judgment, or after judgment, to carry it into effect or to dispose of the property according to the judgment.
(3)
To preserve the property during the pendency of an appeal; or when an execution has been returned unsatisfied and the judgment debtor refuses to apply the judgment debtor's property in satisfaction of the judgment or in an action by a creditor under ch. 816.
(4)
When a corporation has been dissolved or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.
(5)
In accordance with the practice which obtained when the code of 1856 took effect except as otherwise provided in this chapter.
(6)
The receiver shall give to and file with the clerk of the court a bond, conditioned in the usual manner, with sureties to be approved by the judge making the appointment sufficient to cover all property likely to come into the receiver's hands.
(7)
If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking or a corporation supervised by the federal deposit insurance corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.16; 1991 a. 221; 1993 a. 486; 1995 a. 27; 1999 a. 9; 2003 a. 33; 2021 a. 241.
A court could appoint a receiver to accept mortgage payments after a foreclosure action was started when the plaintiff refused to accept them on the ground that it would be a waiver and the defendant claimed the right to make them on the ground that the defendant had no right to accelerate the note. American Medical Services, Inc. v. Mutual Federal Savings & Loan Ass'n, 52 Wis. 2d 198, 188 N.W.2d 529 (1971).
A receiver has a duty to a corporation subject to receivership and its creditors not to deal with receivership property to benefit itself. A consulting contract that was offered to the insolvent corporation's president was a corporate opportunity that the receiver improperly appropriated to itself when it took control of the corporation. Community National Bank v. Medical Benefit Administrators, LLC, 2001 WI App 98, 242 Wis. 2d 626, 626 N.W.2d 340, 99-3026.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.17 - Receiver; payment of employees' wages.

813.17
Receiver; payment of employees' wages.
Whenever a receiver shall be appointed to manage or close up any business, the receiver shall immediately report to the court the amount due the employees in such business; and said court shall order the receiver to pay out of the first receipts of said business, after the payment of costs, debts due the United States or this state, taxes and assessments and the current expenses of carrying on or closing said business, the wages, including pension, welfare and vacation benefits, of such employees earned during the last 3 months of employment and within one year prior to the receiver's appointment.
History:  1971 c. 63; Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.17; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.22 - Uniform absence as evidence of death and absentee's property act; insurance policy provisions invalid.

813.22
Uniform absence as evidence of death and absentee's property act; insurance policy provisions invalid.
(1)
No provision concerning the effect to be given to evidence of absence or of death in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association hereafter executed or adopted, shall be valid.
(2)
When any such policy, charter or bylaws hereafter executed or adopted contains a provision requiring a beneficiary to bring suit upon a claim of death within one year or other period after the death of the insured, and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the policy or charter or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of the giving of written notice of such absence to the insurer, which notice shall be given within one year from the date when the beneficiary last heard of the absent insured. If such notice is not given then the statutory period runs from the time when the absent person was last heard of by the beneficiary.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.22; 1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.24 - Notice.

813.24
Notice.
All notices required under ss. 813.22 to 813.34 shall be served upon all parties ordered by the court to be served as prescribed by statutes or rules, except that in addition thereto service on the absentee shall be by a class 3 notice, under ch. 985, in the county of the absentee's domicile, the last insertion to be not less than 10 nor more than 20 days prior to the time set for any hearing. The original notice prescribed in s. 813.23 (1) shall require each person claiming an interest in the property of the absentee to file in court within a time fixed by the court a statement of the nature and extent of such interest. In relation to a person in military service similar notice shall be given; except that where it appears to the court that such person was not domiciled in this state immediately prior to such service, publication of the notice may be made in the county where property of such person is situated.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.24.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.25 - Search for absentee.

813.25
Search for absentee.
(1)
The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods:
(a)
By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts;
(b)
By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance;
(c)
By engaging the services of an investigation agency.
(2)
The expenses of such search and of the notices provided for in s. 813.24 shall be taxed as costs and paid out of property of the absentee.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.25.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.26 - Final hearing and finding.

813.26
Final hearing and finding.
(1)
At any time, during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee's death, the court may make a final finding and decree that the absentee is dead; in which event the decree and a transcript of all of the receivership proceedings shall be certified to the proper court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes set forth in s. 813.28 (1) and (3).
(2)
After the lapse of 5 years from the date of the finding provided for in s. 813.23 (1), if the absentee has not appeared, the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee's property has ceased and devolved upon others by reason of the absentee's failure to appear and make claim.
(3)
At any time, upon proof to the court that a power of attorney has been recorded as provided by s. 813.23 (1) (b), the court shall direct termination of the receivership proceedings and transfer of property held thereunder to the person in military service or to the attorney named in such power of attorney upon payment of reasonable expenses and compensation of the receiver in the discretion of the court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.26; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.27 - Claim of absentee barred.

813.27
Claim of absentee barred.
No action shall be brought by an absentee to recover any portion of this property after the final finding and judgment provided for in s. 813.26.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.27.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.28 - Termination of receivership and disposition of property of absentee.

813.28
Termination of receivership and disposition of property of absentee.
Upon the entry of any final finding and decree as provided in s. 813.26, the court shall proceed to wind up the receivership and terminate the proceedings:
(1)
In the case of a finding under s. 813.26 (1) that the absentee is dead:
(a)
By satisfying all outstanding debts and charges of the receivership; and
(b)
By then certifying the proceedings to the proper court; or
(2)
In the case of a finding under s. 813.26 (2):
(a)
By satisfying all outstanding debts and charges;
(b)
By then deducting for the insurance fund provided in s. 813.31 a sum equal to 5 percent of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life;
(c)
By distributing the remaining property as provided in s. 813.29; and
(3)
In both cases by requiring the receiver's account and upon its approval discharging the receiver and the receiver's bondsmen and entering a final decree terminating the receivership.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.28; 1993 a. 486; 2009 a. 177.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.29 - Distribution of property of absentee.

813.29
Distribution of property of absentee.
The property remaining for distribution in accordance with s. 813.28 (2) (c) shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree; or in case the absentee leaves a document which, had the absentee died, would under the laws of this state be entitled to probate as the absentee's will, the distribution shall be according to the terms of that document as of that date. The validity and effect of the distribution of said property shall be determined by the court administering the receivership and shall be final and binding upon all persons including the absentee.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.29; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.30 - Insurance policies.

813.30
Insurance policies.
(1)
At the time of the distribution under s. 813.29, the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer.
(2)
If the claim is contested, the court shall take jurisdiction of the action and shall submit to a jury, if one be called for, the issue of death of the insured and any other issues arising under the policy.
(3)
Where the survival of a named beneficiary is not established, ss. 813.22 to 813.34 shall apply as if the proceeds of the insurance were a part of the estate of the absentee.
(4)
If in any proceeding under subs. (1) and (2) the absentee is not found to be deceased and the policy provides for a surrender value, the beneficiary may request the receiver, acting for the insured, to demand the payment of surrender value. The receiver's receipt for such payment shall be a release to the insurer of all claims under the policy. The receiver shall pay over to the beneficiary, if the beneficiary survives the insured, otherwise to the estate of the absentee, the sum thus received, reserving only an amount allowed by the court as costs of the proceedings under this section.
(5)
Payment by an insurer hereunder shall be in full discharge of all contractual liability. No action shall be brought by an absentee to recover any portion of the proceeds, or any other benefits or values, arising out of contracts of life insurance issued upon the absentee's life, after any distribution of such property pursuant to this section.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.30; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.31 - Absentee insurance fund.

813.31
Absentee insurance fund.
(1)
In each case of termination of receivership as provided in s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under s. 813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the secretary of administration.
(2)
The secretary of administration shall retain or invest the funds thus paid in.
(3)
If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the secretary of administration order payment to the claimant as in its opinion may be fair and adequate under the circumstances.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.31; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.32 - Uniformity of interpretation.

813.32
Uniformity of interpretation.
Sections 813.22 to 813.34 shall be so construed as to make uniform the law of those states which enact it.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.32.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.33 - Name of act.

813.33
Name of act.
Sections 813.22 to 813.34 may be cited as the “Uniform Absence as Evidence of Death and Absentee's Property Act."
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.33.
2023 Wisconsin Statutes & Annotations › Chapter 813 - Injunctions, ne exeat and receivers. › 813.34 - Time of taking effect and not retroactive.

813.34
Time of taking effect and not retroactive.
The provisions of ss. 813.22 to 813.34 shall not be retroactive and they shall take effect on July 1, 1942.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.34.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.01 - Costs allowed to plaintiff.

814.01
Costs allowed to plaintiff.
(1)
Except as otherwise provided in this chapter, costs shall be allowed of course to the plaintiff upon a recovery.
(3)
In an action for assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy or seduction, a plaintiff who recovers less than $50 damages shall recover no more costs than damages.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.01; 1981 c. 317.
This section does not provide for the awarding of costs to a party in an arbitration proceeding. This section requires a litigated court proceeding. Finkenbinder v. State Farm Mutual Insurance Co., 215 Wis. 2d 145, 572 N.W.2d 501 (Ct. App. 1997), 97-0357.
For purposes of sub. (1), a prevailing plaintiff is a plaintiff who is awarded a recovery in a judgment, not a plaintiff who obtains a recovery as a result of a recovery dispute resolved by a trial. In this case, the circuit court correctly entered a judgment incorporating the parties' stipulations. Regardless of the jury's zero dollar verdict on the question of the plaintiff's pain and suffering resulting from the defendant's negligence, the plaintiff made a “recovery" when the court entered a final judgment that included a recovery in the stipulated amount of $10,052.07. Estate of Radley v. Ives, 2011 WI App 144, 337 Wis. 2d 677, 807 N.W.2d 633, 09-0653.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.02 - Costs limited, discretionary.

814.02
Costs limited, discretionary.
(1)
When several actions are brought against parties who might have been joined as defendants and the actions are consolidated under s. 805.05 (1) no costs, other than disbursements, shall be allowed to the plaintiff in excess of what the plaintiff would be entitled to had the plaintiff brought but one action.
(2)
In equitable actions and special proceedings costs may be allowed or not to any party, in whole or in part, in the discretion of the court, and in any such case the court may award to the successful party such costs (exclusive of disbursements) not exceeding $100, as the court deems reasonable and just, in view of the nature of the case and the work involved. This subsection refers only to such costs and fees as may be taxed by the authority of the statutes, independent of any contract of the parties upon the subject, which contract shall apply unless the court finds that the provisions thereof are inequitable or unjust.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.02; 1993 a. 486.
A stipulation in a note or mortgage to pay certain attorney's fees other than taxable costs will be enforced when the amount stipulated to be paid is reasonable. Lakeshore Commercial Finance Corp. v. Bradford Arms Corp., 45 Wis. 2d 313, 173 N.W.2d 165 (1970).
Neither this section or s. 814.036 grants the trial court the power to allow costs that are not explicitly authorized by statute. Kleinke v. Farmers Coop. Supply & Shipping, 202 Wis. 2d 138, 549 N.W.2d 714 (1996), 95-0856.
The court exercises its discretion under this section by determining what is a necessary cost. Aspen Services, Inc. v. IT Corp., 220 Wis. 2d 491, 583 N.W.2d 849 (Ct. App. 1998), 97-0897.
Kleinke instructs that the trial court's discretion is limited to when the court may allow costs and not what costs are allowed. The trial court erred in awarding costs for the transcription of materials on a computer disk that were made for the convenience of the moving party. Transcripts obtained solely for the convenience of counsel are not necessary disbursements under sub. (2) and thus not taxable costs. Alswager v. Roundy's Inc., 2005 WI App 3, 278 Wis. 2d 598, 692 N.W.2d 333, 03-2274.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.03 - Costs to defendant.

814.03
Costs to defendant.
(1)
If the plaintiff is not entitled to costs under s. 814.01 (1) or (3), the defendant shall be allowed costs to be computed on the basis of the demands of the complaint.
(2)
Where there are several defendants who are not united in interest and who make separate defenses by separate answers, if the plaintiff recovers against some but not all of such defendants, the court may award costs to any defendant who has judgment in the defendant's favor.
(3)
Notwithstanding subs. (1) and (2), where the department of health services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and 803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, the department of health services or the county shall not be liable for costs to any prevailing defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.03; 1987 a. 345; 1993 a. 486, 496; 1997 a. 27; 1999 a. 9; 2007 a. 20 s. 9121 (6) (a).
This section contemplates the awarding of costs only to successful parties. DeGroff v. Schmude, 71 Wis. 2d 554, 238 N.W.2d 730 (1976).
A prevailing defendant is entitled to costs from all plaintiffs including subrogated plaintiffs who elected not to participate in the trial. Sampson v. Logue, 184 Wis. 2d 20, 515 N.W.2d 917 (Ct. App. 1994).
This section is mandatory, not discretionary. Taylor v. St. Croix Chippewa Indians of Wisconsin, 229 Wis. 2d 688, 599 N.W.2d 924 (Ct. App. 1999), 98-3334.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.035 - Costs upon counterclaims and cross complaints.

814.035
Costs upon counterclaims and cross complaints.
(1)
Except as otherwise provided in this section, costs shall be allowed on counterclaims and cross complaints as if separate actions had been brought thereon.
(2)
When the causes of action stated in the complaint and counterclaim and cross complaint arose out of the same transaction or occurrence, costs in favor of the successful party upon the complaint and counterclaim and cross complaint so arising shall be in the discretion of the court.
(3)
Costs recovered by opposing parties shall be offset.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.035.
An award of statutory costs to the lessee and denial of costs to the lessor was, under s. 271.035 [now s. 814.035] (2) and (3), a matter within the trial court's discretion. Costs are purely discretionary when both parties recover on their respective claims in one action. Mid-Continent Refrigerator Co. v. Straka, 47 Wis. 2d 739, 178 N.W.2d 28 (1970).
When judgment was ordered for a defendant in the plaintiff's action and also for the defendant on one of several counterclaims, costs were properly awarded to the defendant as to each. Arrowhead Growers Sales Co. v. Central Sands Produce, Inc., 48 Wis. 2d 383, 180 N.W.2d 567 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.036 - Omnibus costs provision.

814.036
Omnibus costs provision.
If a situation arises in which the allowance of costs is not covered by ss. 814.01 to 814.035, the allowance shall be in the discretion of the court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.036.
A prevailing plaintiff in a habeas corpus proceeding may not be awarded costs. State ex rel. Korne v. Wolke, 79 Wis. 2d 22, 255 N.W.2d 446 (1977).
Circuit courts have authority to impose costs on an attorney whose actions have resulted in a mistrial. Schulz v. Darlington Mutual Insurance Co., 181 Wis. 2d 646, 511 N.W.2d 879 (1994).
Photocopy and facsimile expenses may be taxed under this section. Wausau Medical Center v. Asplund, 182 Wis. 2d 274, 514 N.W.2d 34 (Ct. App. 1994).
This section only gives a court discretion as to when it may allow costs and not as to what costs may be allowed. Neither this section or s. 814.02 grants the trial court the power to allow costs that are not explicitly authorized by statute. Kleinke v. Farmers Coop. Supply & Shipping, 202 Wis. 2d 138, 549 N.W.2d 714 (1996), 95-0856.
An award of statutory costs after arbitration is not explicitly authorized by statute and is not within the court's discretion under this section. Lane v. Williams, 2000 WI App 263, 240 Wis. 2d 255, 621 N.W.2d 922, 00-0852.
Kleinke addressed what costs may be taxed when this section or s. 814.04 are relied upon; it did not consider what costs may be recovered as a component of damages in a bad faith claim. As with attorney fees, a prevailing plaintiff may recover, as compensatory damages, all reasonable expenses incurred in litigating the bad faith claim. Allied Processors, Inc. v. Western National Mutual Insurance Co., 2001 WI App 129, 246 Wis. 2d 579, 629 N.W.2d 329, 00-1490.