801.09.Summons, contents of.
Ch. 801: Commencement of Action and Venue · Last amended 2005 · Last verified July 15, 2026
Full Text of Section 801.09
Official Notes
Cross-reference: See s. 802.06 (1) for a provision giving the state 45 days to serve an answer.
Judicial Council Note, 1983: Sub. (2) (a) is amended by applying the extended response time for state officers and agencies to state agents and employees as well. The extended time is intended to allow investigation of the claim by the department of justice to determine whether representation of the defendant by the department is warranted under s. 893.82 or 895.46, Stats. [Re Order effective July 1, 1983]
Plain-English Summary
Section 801.09 sets the required contents of a Wisconsin summons. It must carry the title of the case: the court, the county chosen as the place of trial, the case classification type and code, and the names and addresses of the plaintiff and defendant. It must direct the defendant to serve either an answer or a demand for a copy of the complaint on the plaintiff’s attorney, and it must state the deadline for doing so.
That deadline varies with who is being served and how. The default period is 20 days after personal or substituted personal service, excluding the day of service. Two categories get more time: the state or a state officer, agent, employee, or agency gets 45 days, and so does any defendant when an insurer is a party to the action or the complaint raises a tort claim. When service is by publication rather than personal delivery, the defendant instead gets 40 days after the date stated in the summons, which is the date of the first required publication.
The summons must also warn the defendant that failing to answer or demand the complaint within the stated time will lead to a judgment matching the complaint’s demand. It has to be signed by hand by the plaintiff or the plaintiff’s attorney, along with a mailing address, phone number, and, for an attorney, a state bar number; if a law firm represents the plaintiff, the firm’s name and address go on the summons too, subscribed by one member or associate attorney. When the complaint isn’t served with the summons and the case seeks only money, the plaintiff has the option of adding a brief note at the bottom stating the amount demanded. Finally, the section lets the plaintiff obtain as many authenticated copies of the summons and complaint as needed to serve every defendant, with authentication accomplished by the clerk’s filing stamp bearing the case number.
Frequently Asked Questions
How long does a defendant have to respond to a Wisconsin summons?
Under section 801.09, the standard period is 20 days after personal or substituted personal service, excluding the day of service. The period extends to 45 days if the defendant is the state or a state officer, agent, employee, or agency, or if an insurer is a party or the claim is founded in tort.
What deadline applies if the defendant was served by publication?
Section 801.09 gives that defendant 40 days after the date stated in the summons, excluding that date, and the stated date must be the date of the first required publication.
What information does the case caption on a Wisconsin summons need to include?
Section 801.09 requires the name of the court, the county the plaintiff designates as the place of trial, the standardized case classification type and code number, and the names and addresses of the plaintiff and defendant.
Who has to sign a Wisconsin summons, and what else must appear with the signature?
Section 801.09 requires the handwritten signature of the plaintiff or attorney, along with the mailing address for service by mail, a telephone number, and, if signed by an attorney, the attorney’s state bar number if the attorney has one.
Can a plaintiff get more than one authenticated copy of the summons and complaint?
Yes. Section 801.09 allows as many authenticated copies as needed for effecting service on the defendant, authenticated by the clerk placing a filing stamp with the case number on each copy.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 598 (1975); Sup. Ct. Order, 67 Wis. 2d viii; 1975 c. 218; Sup. Ct. Order, 112 Wis. 2d xi; Sup. Ct. Order, 171 Wis. 2d xxv; 1993 a. 365, 486; 1997 a. 133, 187; 2001 a. 16; 2005 a. 442.