Certificate of Service - Wisconsin

CERTIFICATE OF SERVICE

Important Use Note

Use this worksheet to document service of pleadings and other papers governed by Wis. Stat. § 801.14 after an action has been commenced. Do not use it to select a method for serving a summons, bringing a party into contempt, or completing any paper for which a statute, rule, court order, or official form requires another method.

The Wisconsin Court System publishes proceeding-specific declarations and certificates of service, including forms for family and guardianship matters. Use the current official form when one applies to the case.

1. Caption

STATE OF WISCONSIN, CIRCUIT COURT, [________________________________] COUNTY

Case number: [________________________________]

Document title: CERTIFICATE OF SERVICE

2. Person Making Service

Name: [________________________________]

Role: ☐ Attorney ☐ Self-represented party ☐ Authorized staff member or agent ☐ Other: [________________________________]

Wisconsin State Bar number, if any: [________________________________]

Firm or organization: [________________________________]

Address: [________________________________]

Email and telephone: [________________________________]

3. Papers Served

I served or caused to be served true copies of the following papers:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

Filing date, if already filed: [__/__/____]

Hearing or other event to which the papers relate: [________________________________]

4. Service-Requirement Check

Wis. Stat. § 801.14(1) generally requires service of orders that require service, pleadings, discovery papers required to be served, non-ex parte written motions, written notices, appearances, demands, offers of judgment, undertakings, and similar papers.

☐ I confirmed that each paper listed above must or may be served under the current governing authority.

☐ I confirmed whether an order requires service on a particular person or by a particular method.

☐ I confirmed whether any recipient is in default for failure to appear. Under § 801.14(1), a pleading asserting a new or additional claim for relief against such a party must be served in the manner provided for service of a summons.

Authority or order checked: [________________________________]

5. Recipient Check

Under Wis. Stat. § 801.14(2), when a party is represented, service is made on the attorney unless the court orders personal service on the party. Under § 801.14(2m), during a filed limited appearance, papers must be served on both the otherwise self-represented person and the limited-scope attorney until the attorney files a notice of termination.

For each recipient, confirm the current appearance and service address before serving.

6. Service Record

Record each recipient separately when the method, address, date, or time differs.

A. Delivery

Wis. Stat. § 801.14(2) defines delivery to include:

☐ Handing the copy to the attorney or party.

☐ Transmitting the copy by facsimile to the attorney's or party's office.

☐ Leaving the copy at the office with a clerk or other person in charge.

☐ If no one is in charge, leaving the copy in a conspicuous place in the office.

☐ If the office is closed or the person has no office, leaving the copy at the person's dwelling or usual abode with a person of suitable age and discretion who then resides there.

Person who received the papers or facts about where they were left: [________________________________]

B. Mail

☐ I mailed the copy to the recipient's last-known address.

Mailing address: [________________________________]

Date deposited in the mail: [__/__/____]

Wis. Stat. § 801.14(2) provides that service by mail is complete upon mailing.

C. Email Outside the Electronic Filing System

☐ The attorney or party consented in writing to accept email service at the address used.

Written consent date or record: [________________________________]

Designated email address: [________________________________]

Transmission date and time: [________________________________]

Undeliverable notice or other indication of failed delivery received: ☐ No ☐ Yes; explain: [________________________________]

Under Wis. Stat. § 801.14(2), consent in writing is required for this method; service is complete upon transmission unless the sender receives a notification or indication that the message was not delivered.

D. Wisconsin Circuit Court Electronic Filing System

☐ The papers were filed through the electronic filing system.

Submission date and time: [________________________________]

Acceptance or notice-of-activity record: [________________________________]

Users served through the notice of activity: [________________________________]

Paper parties or other persons served by a traditional method: [________________________________]

Under Wis. Stat. § 801.18(4)(c) and (6)(a), when personal service is not required, the notice of activity constitutes proof of service on other users in the case. Section 801.18(6)(b) requires traditional service on paper parties.

E. Other Authorized Method

☐ Authority: [________________________________]

Acts completing service: [________________________________]

7. Added-Time Check

Do not add time merely because a method was used. Wis. Stat. § 801.15(5) applies when a party has a right or duty to act within a prescribed period after service of a notice or other paper.

☐ Mail: Under § 801.15(5)(a), three days are added to the prescribed period when the notice or paper is served by mail.

☐ Fax, email, or eFiling completed between 5 p.m. and midnight: Under § 801.15(5)(b), one day is added to the prescribed period.

☐ No § 801.15(5) addition applies: Reason: [________________________________]

Underlying deadline authority: [________________________________]

Service-completion date and time used: [________________________________]

Calculated deadline: [__/__/____]

Person who checked the calculation: [________________________________]

8. Filing Certification

Wis. Stat. § 801.14(4) generally requires papers after the summons that must be served to be filed within a reasonable time after service, subject to its discovery exception. Filing a paper required to be served certifies that it was timely served on all parties required to be served, except as the filer otherwise stipulates in writing.

☐ All required recipients were timely served.

☐ The following written stipulation or qualification will accompany the filing: [________________________________]

☐ The paper was filed within a reasonable time after service.

☐ The paper is subject to the discovery-filing exception or another specific filing rule. Authority: [________________________________]

9. Declaration and Signature

Wis. Stat. § 887.015 generally gives a compliant unsworn declaration the same effect as a sworn declaration when Wisconsin law requires or permits a sworn declaration, subject to the statute's exceptions.

I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct.

Signed on the [____] day of [________________________________], [________], at [City or other location] [________________________________], [State or country] [________________________________].

Printed name: [________________________________]

Signature: [________________________________]

Final Checklist

☐ Confirmed this is not a summons, initiating paper, contempt paper, or paper requiring another method

☐ Identified every paper and attachment served

☐ Checked each party's current attorney and any limited-scope appearance

☐ Used a current address, fax number, consented email, or eFiling-user record

☐ Recorded a separate date, time, and method for each recipient

☐ Checked undeliverable email notices and eFiling activity

☐ Applied § 801.15(5) only if the deadline runs after service

☐ Filed the paper and any separate certificate as required

☐ Retained the transmission, mailing, delivery, or notice-of-activity record

Current Official Sources

• Wisconsin Legislature, Wis. Stat. § 801.14
• Wisconsin Legislature, Wis. Stat. § 801.15
• Wisconsin Legislature, Wis. Stat. § 801.18
• Wisconsin Legislature, Wis. Stat. § 887.015
• Wisconsin Court System, Circuit court forms directory