[COURT CAPTION – CENTERED]
STATE OF WISCONSIN
[Circuit Court – ___ County]
Case No. [_]
Branch No. [_]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
AFFIDAVIT OF SERVICE
(Compliant with Wis. Stat. §§ 801.11, 887.01 & 946.32)
TABLE OF CONTENTS
- Document Header
- Definitions
- Affiant’s Declarations (Operative Provisions)
- Compliance Representations & Acknowledgements
- Exhibit A – Service Details Worksheet (optional)
- Notary Jurat & Signature Block
1. DOCUMENT HEADER
This Affidavit of Service (the “Affidavit”) is executed and sworn to on the __ day of _, 20_ (the “Execution Date”) in the State of Wisconsin, County of [__] (the “Venue”).
2. DEFINITIONS
For ease of reference, the following capitalized terms are used herein:
“Affiant” means the individual executing this Affidavit and attesting to the facts stated herein.
“Subject Documents” means the pleadings, motions, notices, subpoenas, or other legal papers identified in Section 3.2 that were served in the above-captioned action.
“Service Date” means the calendar date on which physical delivery (or the earliest qualifying act of service under Wisconsin law) occurred.
“Service Location” means the physical address or location where service occurred.
“Recipient” means the person or entity upon whom service was effected or, in the case of substitute service, the individual who received the Subject Documents on the Recipient’s behalf.
[// GUIDANCE: Delete any unused defined terms to keep the Affidavit streamlined.]
3. AFFIANT’S DECLARATIONS (OPERATIVE PROVISIONS)
3.1 Personal Information
(a) Name of Affiant: [______]
(b) Residential Address: [_____]
(c) Telephone Number: [__]
(d) Professional Capacity: ☐ Private Process Server ☐ Sheriff/Deputy ☐ Other [_]
(e) Wisconsin License or Badge No. (if applicable): [______]
3.2 Description of Subject Documents Served
[List the pleadings or papers exactly as captioned, e.g., “Summons and Complaint,” “Notice of Motion and Motion to Compel,” etc.]
3.3 Method(s) of Service
(Check and complete ONLY the method actually used. Strike all others.)
☐ Personal Service – Individual
Pursuant to Wis. Stat. § 801.11(1)(a), I personally delivered true and correct copies of the Subject Documents to the Recipient as follows:
• Recipient Name: [____]
• Service Date & Time: [ /____ /20] at [: am/pm]
• Service Location: [__________]
☐ Substituted Service – Abode
Pursuant to Wis. Stat. § 801.11(1)(b), after exercising due diligence to effect personal service, I left true copies of the Subject Documents at the Recipient’s usual place of abode with a person of suitable age and discretion and, within 24 hours, mailed additional copies to the Recipient’s last-known address.
• Name of Recipient’s Designee: [____]
• Relationship/Age: [__]
• Abode Address: [_____]
• Date & Time of Delivery: [ /____ /20] at [: am/pm]
• Date of Mailing: [_ /_ /20__]
☐ Service on Domestic Business Entity
Pursuant to Wis. Stat. § 801.11(5)(a), I personally served the following officer, director, or registered agent of [CORPORATE NAME]:
• Name & Title: [_____]
• Service Date & Time: [ /____ /20] at [: am/pm]
• Business Address: [______]
☐ Other Authorized Method
(Describe fully, citing the specific statutory subsection authorizing the alternative form of service.)
[_____________]
3.4 Additional Service Details (if any)
[Attach photos, GPS logs, or contemporaneous notes as Exhibit A if helpful.]
3.5 Fees & Mileage (Optional)
Pursuant to Wis. Stat. § 814.70, the total fee and mileage incurred for the above service is $[_.].
4. COMPLIANCE REPRESENTATIONS & ACKNOWLEDGEMENTS
4.1 Diligence. The Affiant affirms that all acts of service were carried out with due diligence, in strict compliance with Wis. Stat. § 801.11 and any relevant local rules of the above-captioned court.
4.2 Accuracy. The Affiant has personal knowledge of all facts stated herein and has not willfully or negligently omitted any material information.
4.3 Penalty Notice. The Affiant is aware that false swearing is a felony under Wis. Stat. § 946.32 and that conviction may result in fines and imprisonment.
4.4 Record Retention. The Affiant will retain original notes, photographs, receipts, and any electronic tracking data relating to this service for no fewer than six (6) years from the Service Date, or longer if required by court order.
[// GUIDANCE: 4.4 is a best-practice retention clause. Delete if not desired.]
5. EXHIBIT A – SERVICE DETAILS WORKSHEET (optional)
[Attach any supplementary proof such as certified mail receipts, postal tracking confirmations, GPS coordinates, or time-stamped photographs.]
6. NOTARY JURAT & SIGNATURE BLOCK
I, the undersigned Affiant, declare under oath that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
[Affiant’s Wet Signature] _________
[Typed/Printed Name of Affiant]
STATE OF WISCONSIN )
) ss.
COUNTY OF ___ )
Subscribed and sworn before me this ___ day of ___, 20.
Notary Public, State of Wisconsin
My commission expires: _____
[// GUIDANCE: Wisconsin permits both traditional and remote online notarization (RON). If using RON, insert the statutorily required RON certificate language instead of the above jurat.]
QUICK-REFERENCE PRACTICE NOTES
• Timing: A civil summons/complaint in Wisconsin must generally be served within 90 days of filing (60 days if filed in small claims). Failing to timely serve may result in dismissal.
• Substitute Service Nuance: Leaving papers at the abode and mailing within 24 hours is mandatory; failure to mail invalidates service.
• Corporate Service: Service is complete upon delivery to any officer, director, or registered agent listed with the Wisconsin DFI. Double-check current agent information.
• Military & Infant Recipients: Consult federal protections (e.g., Servicemembers Civil Relief Act) and Wis. Stat. § 48.13 before serving minors.
• Recordkeeping: Courts increasingly demand granular proof (body-cam footage, GPS). Capture more data than you think you’ll need.
[// GUIDANCE: Delete this Quick-Reference section before filing if local practice disfavors inclusion of advisory material in the court record.]