800.01 Commencement of action. - Wisconsin Statutes

800.01

800.01 Commencement of action.

800.01(1)

(1) In municipal court, ordinance violation cases are commenced when the complaint or citation is filed with or transmitted to the court.

800.01(2)

(2) The municipal court has jurisdiction over a defendant when any of the following conditions is met:

800.01(2)(a)

(a) The defendant is served with a citation or a summons and complaint as provided under s. 801.11 (1) (a) to (c), (5), and (6).

800.01(2)(b)

(b) The defendant is arrested and brought before the court personally or through interactive video and audio transmission conducted in accordance with the rules of the supreme court.

800.01(2)(c)

(c) The defendant voluntarily appears before the court.

800.01(2)(d)

(d) The court finds that the defendant has acknowledged receipt of the citation or summons and complaint.

800.01(2)(e)

(e) The summons and complaint or citation are sent to the defendant by 1st class mail.

800.01(2m)

(2m) The law enforcement officer or municipal employee who serves the summons shall indicate the method of service on the copy of the documents filed or transmitted to the court.

800.01(3)

(3) If the action is commenced by a citation under s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.

800.01 - ANNOT.

NOTE: This section is shown as affected eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:

800.01 - ANNOT.

800.01 Commencement of action. (1) In municipal court, personal jurisdiction in municipal ordinance violation cases and cases involving a violation of a resolution or bylaw if the resolution or bylaw is authorized by statute is obtained over a defendant when the defendant:

800.01 - ANNOT.

(a) Is served with a summons and complaint or citation and such documents are filed with or transmitted to the court;

800.01 - ANNOT.

(b) Is arrested and brought before the court personally, or in the municipal court of a 1st class city, personally or through interactive video and audio transmission conducted in accordance with the rules of the 1st judicial administrative district; or

800.01 - ANNOT.

(c) Voluntarily appears before a municipal judge.

800.01 - ANNOT.

(2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or 968.04 (3) (b) 2. or by personal service by an adult who is a resident of the state where the service is made but who is not a party to the action.

800.01 - ANNOT.

(b) If a summons or citation is personally served, the law enforcement officer or municipal employee serving the summons or citation shall sign a statement of personal service on the summons or citation. The signature required under this paragraph does not apply to a traffic citation issued under s. 345.11.

800.01 - ANNOT.

(3) If the action is commenced by a citation under s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.

800.01 - ANNOT.

History: 1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.01; 1987 a. 389; 1989 a. 170, 261; 1993 a. 437; 1995 a. 27; 1999 a. 9; 2009 a. 402.