2013 Wisconsin Statutes & Annotations
799. Procedure in small claims actions.
799.20 Answer; counterclaim and cross complaint.


WI Stat § 799.20 (2013 through Act 380) What's This?

799.20 Answer; counterclaim and cross complaint.

799.20(1)(1) Pleading on return date or adjourned date. On the return date of the summons or any adjourned date thereof the defendant may answer, move to dismiss under s. 802.06 (2) or otherwise respond to the complaint.

799.20(2) (2)Cross complaint. In the case of more than one defendant, any cross complaint by one defendant against another who has appeared shall be made or filed on the return date or any adjourned date.

799.20(4) (4)Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or circuit court commissioner that the defendant claims a defense to the action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal. In a residential eviction action, the court or circuit court commissioner shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

History: Sup. Ct. Order, 67 Wis. 2d 585, 765 (1975); 1977 c. 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.20; 1987 a. 208; 2001 a. 61; 2013 a. 76.

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