767.813 Summons. - Wisconsin Statutes

767.813

767.813 Summons.

767.813(1)

(1) Purpose. The summons shall state the purpose of the action.

767.813(2)

(2) Signing. The process shall be signed by the clerk of the court or by the petitioner's attorney.

767.813(3)

(3) Return date. Every summons shall specify a return date and time before the court. The clerk of the court shall set the date and hour at which the summons is returnable.

767.813(4)

(4) Service. The summons and petition shall be served in the manner provided in s. 801.11 (1) (a) or (b) or, notwithstanding s. 990.001 (13), by registered or certified mail, with return receipt signed by the respondent.

767.813(5)

(5) Forms. The summons shall be in substantially one of the following forms:

767.813(5)(a)

(a) Mother as petitioner.
STATE OF WISCONSIN,CIRCUIT COURT: ....COUNTY
_____________________________________________________
In re the Paternity of A. B.
STATE OF WISCONSIN
and
C. D. (Mother-Petitioner)
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address.... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
_____________________________________________________
THE STATE OF WISCONSIN, To the Respondent:

767.813(5)(a)1.

1. You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:........................
Time:........................
Room:........................
Judge or Circuit Court Commissioner:............
Address:........................

767.813(5)(a)2.

2. If you do not appear, the court will enter a default judgment finding you to be the father.

767.813(5)(a)3.

3. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you only upon the genetic tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0 percent.

767.813(5)(a)4.

4. You are also notified that interference with the custody of a child is punishable by a fine of up to $10,000 and imprisonment for up to 5 years. Section 948.31, stats.

767.813(5)(a)5.

5. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the courts or need material in an alternate format, please call .....
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....

767.813(5)(b)

(b) Alleged father as petitioner.
STATE OF WISCONSIN,CIRCUIT COURT: ....COUNTY
_____________________________________________________
In re the Paternity of A. B.
C. D. (Alleged Father-Petitioner)
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address.... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
_____________________________________________________
THE STATE OF WISCONSIN, To the Respondent:

767.813(5)(b)1.

1. You have been sued. The petitioner .... claims that he may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:........................
Time:........................
Room:........................
Judge or Circuit Court Commissioner:............
Address:........................

767.813(5)(b)2.

2. If you do not appear, the court will enter a default judgment finding the petitioner .... to be the father. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above.

767.813(5)(b)3.

3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....

767.813(5)(c)

(c) Nonparent as petitioner.
STATE OF WISCONSIN,CIRCUIT COURT: ....COUNTY
_____________________________________________________
In re the Paternity of A. B.
C. D. (Nonparent-Petitioner)
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address.... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
_____________________________________________________
THE STATE OF WISCONSIN, To the Respondent

767.813(5)(c)1.

1. You have been sued. The petitioner .... claims that .... is the mother and .... may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:........................
Time:........................
Room:........................
Judge or Circuit Court Commissioner:............
Address:........................

767.813(5)(c)2.

2. If you do not appear, the court may enter a default judgment finding .... to be the father. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are alleged to be the father and you are unable to afford an attorney, the court will appoint one for you only upon genetic tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0 percent.

767.813(5)(c)3.

3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....

767.813(5g)

(5g) Notice. The notice to parties shall be attached to the summons. The notice shall be in boldface type and in substantially the following form: NOTICE TO PARTIES
1. You are a party to a petition for paternity. A judgment of paternity legally designates the child in the case to be a child of the man found to be the father. It creates a legally recognized parent-child relationship between the man and the child. It creates the right of inheritance for the child, and obligates the man to support the child until the child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high school or its equivalent. The failure by either parent to pay court-ordered support is punishable by imprisonment as a contempt of court or as a criminal violation.
2. A party to a paternity case has the right to be represented by an attorney. If you are unable to afford an attorney and you are a man who is named as the possible father of a child in a paternity case, the court will appoint an attorney for you only if the results of one or more genetic tests show that you are not excluded as the father and that the statistical probability of your being the father is less than 99.0 percent. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .
3. The petitioner in this case has the burden of proving by a clear and satisfactory preponderance of the evidence whether the man named as the possible father is the father. However, if genetic tests show that the man named is not excluded as the father, and show that the statistical probability that the man is the father is 99.0 percent or higher, that man is rebuttably presumed to be the father.
4. You may request genetic tests which will indicate the probability that the man named as the possible father is or is not the father of the child. The court will order genetic tests on a request by you, the state, or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.
5. The following defenses are available in a paternity case:

767.813(5g)(a)

(a) The man named as a possible father of the child may claim that he was sterile or impotent at the time of conception.

767.813(5g)(b)

(b) The mother may claim that she, or the man named as a possible father may claim that he, did not have sexual intercourse with the other party during the conceptive period (generally the period 8 to 10 months before the birth of the child).

767.813(5g)(c)

(c) The mother or the man named as a possible father may claim that another man had sexual intercourse with the mother during the conceptive period.

767.813(5g)(c)6.

6. You have the right to request a jury trial on the issue of whether the named man is the father.

767.813(5g)(c)7.

7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court may enter a default judgment finding the man claimed to be the father as the father.

767.813(5g)(c)8.

8. You must keep the clerk of court and child support agency informed of your current address at all times.

767.813(6)

(6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) and listing the factors that a court may consider under s. 767.511 (1m).

767.813 - ANNOT.

History: 1979 c. 352; 1981 c. 314; 1983 a. 447; 1985 a. 29; 1987 a. 27, 413; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1993 a. 16, 481; 1995 a. 27 ss. 7112, 7113b, 9126 (19); 1995 a. 100, 404, 417; 1997 a. 35, 191, 250; 1999 a. 9; 2001 a. 61, 105; 2005 a. 443 ss. 185, 186, 190, 243, 244; Stats. 2005 s. 767.813.

767.813 - ANNOT.

NOTE: 2005 Wis. Act 443, which affected this section, contains explanatory notes.