801.095.Summons form.
Ch. 801: Commencement of Action and Venue · Last amended 2021 · Last verified July 15, 2026
Full Text of Section 801.095
Plain-English Summary
Section 801.095 works hand in hand with section 801.09’s content requirements by giving plaintiffs ready-made language. It provides that a Wisconsin summons must be substantially in one of four specified forms, and which form applies depends on two variables: whether service will be personal or by publication, and whether a copy of the complaint is being served along with the summons.
The four forms cover personal service with the complaint attached, personal service without the complaint attached, service that isn’t personal but the complaint is served at the same time, and service that isn’t personal with the complaint served separately later. Each form tells the defendant, in the state’s own template language, that a lawsuit has been filed, states the response deadline, explains where to send an answer or a demand for the complaint, and warns of the consequences of not responding — including that a money judgment can become a lien on real estate and can be enforced by garnishment or seizure of property.
Because the statute only requires the summons to be substantially in one of these forms, minor variations — such as an updated case caption reflecting amended parties — don’t defeat the summons as long as the substance tracks the approved template.
Frequently Asked Questions
Does a Wisconsin summons have to use the exact wording in section 801.095?
Not word for word. The statute requires the summons to be substantially in one of the forms it specifies, which allows for minor variations, such as an accurate updated case caption, as long as the substance matches the approved form.
How do I know which of the four summons forms to use?
Section 801.095 ties the choice to two factors: whether service will be personal or by some other method such as publication, and whether a copy of the complaint is being served along with the summons.
What does the summons form tell a defendant about what happens if they don’t respond?
The forms in section 801.095 warn that a court may grant judgment against the defendant for the relief requested in the complaint, that the defendant may lose the right to object to anything incorrect in the complaint, and that a money judgment may become a lien on real estate and be enforced by garnishment or seizure of property.
Is there a different form when the complaint isn’t attached to the summons?
Yes. Section 801.095 provides a separate form for personal service without the complaint attached, under which the defendant is directed to serve a written demand for a copy of the complaint rather than an answer.
Do the summons forms apply to service by publication?
Yes. Two of the four forms in section 801.095 are designed for situations where personal service hasn’t been made and service instead proceeds by other means, including publication, with the response period tied to a stated date rather than the date of personal delivery.
Amendment History
History: 1983 a. 323; Sup Ct. Order, 171 Wis. 2d xix (1992); 1997 a. 187, 250; 1999 a. 32, 186; 2001 a. 16; 2005 a. 442. Where service is made by publication, Wisconsin law requires the plaintiff to arrange for publication of a publication summons, the contents of which must be substantially in the form detailed in sub. (4). The complaint itself is not published of course; Wisconsin does not absurdly require publication of the entire pleading, which could fill up multiple newspaper pages. Rather, service by publication is intended to provide notice of the existence of the complaint and lawsuit. Section 801.11 (1) (c) thus requires the plaintiff to mail copies of the summons and complaint to the defendant at or immediately prior to the first publication. Colborn v. Netflix Inc., 541 F. Supp. 3d 888 (2021). That the plaintiff’s publication summons in this case used the updated caption from the amended complaint was of no legal significance. Wisconsin law requires only that the publication summons be substantially in the form detailed in sub. (4). The updated caption reflected the correct state of the parties at the time of publication and service, and the defendants did not point to any confusion or prejudice they could possibly have suffered by use of an accurate caption, which included each of them, while omitting other persons no longer being pursued in the litigation. Colborn v. Netflix Inc., 541 F. Supp. 3d 888 (2021).