Wisconsin Code § 799.22

Judgment on failure to appear or answer
Open in Lexace · Ask the AI about this section
(1)
WHEN PLAINTIFF FAILS TO APPEAR. If the plaintiff fails to appear
on the return date or on the date set for trial, the court may enter
a judgment for the defendant dismissing the action, on motion of
the defendant or on its own motion.
(2) WHEN DEFENDANT FAILS TO APPEAR. If the defendant
fails to appear on the return date or on the date set for trial, the
court may enter a judgment upon due proof of facts which show
the plaintiff entitled thereto.
(3) PLAINTIFF’S PROOF WHERE ACTION AROSE ON CONTRACT
FOR RECOVERY OF MONEY. In any action arising on contract for
the recovery of money only, if the defendant fails to appear and
answer or to appear at the time set for trial, the plaintiff may file
with the judge or clerk a verified complaint, or an affidavit of the
facts, or may offer sworn testimony or other evidence to the clerk
or judge, and either may enter judgment thereon.
(4) PLEADING IN LIEU OF APPEARANCE. (a) Any circuit court
may by rule permit a defendant to join issue in any of the actions
specified in s. 799.01 without appearing on the return date by answering, either by mail or by telephone, within such time and in
such manner as the rule permits.
(am) If the defendant is a nonresident of this state, the circuit
court shall adopt a rule to permit the defendant to join issue in
any of the actions specified in s. 799.01 without appearing on the
return date by answering by mail, in such manner as the rule permits, and if the court adopts a rule under par. (a) to permit the defendant to join issue without appearing on the return date by answering by telephone, then the defendant shall also be permitted
to join issue by answering by telephone, in such manner as the
rule permits.
(b) If a court adopts a rule under par. (a), then all of the following apply:
1. The existence of the rule shall be deemed an appearance
by the plaintiff in that court on the return date for purposes of
sub. (1).

2. A proper answer by the defendant under the rule shall be
deemed an appearance by the defendant in that court on the return date for purposes of sub. (2).
3. Any summons under s. 799.05 (6) or (7) or 799.12 (6) (c)
and any notice under s. 799.16 (4) shall notify the defendant of
the option to answer without appearing in court on the return date
and the methods of answering permitted by the rule.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.