Wisconsin Proof of Service

Introduction

Key Things to Know

1. 1

   Any adult resident of the state where service is made, or of Illinois, Iowa, Michigan, or Minnesota serving within Wisconsin, who is not a party, may serve the summons and complaint; adulthood means 18 and older, and a party cannot serve their own summons. Wisconsin has no mandatory statewide proof-of-service form for general civil actions, though case-type forms exist for small claims and family cases; if the issuing court requires its own version, that court's form controls (Wis. Stat. section 801.10(1), (1m)).

2. 2

   A sheriff or deputy sheriff who serves the summons within their own county may prove it with a certificate of service instead of an affidavit, containing the same time, date, place, and manner information required of a private server's affidavit (Wis. Stat. section 801.10(2), (4)(a)).

3. 3

   Proof of service is ordinarily made by the affidavit of the server once a defendant challenges service, but since 2023 Wisconsin Act 245 amended the Uniform Unsworn Declarations Act, an unsworn declaration signed under penalty of false swearing may substitute for the notarized affidavit (Wis. Stat. sections 801.10(4)(a), 887.015).

4. 4

   If personal delivery cannot be made with reasonable diligence, a copy may be left at the defendant's usual place of abode with a family member at least 14 years old, or with a competent adult who currently resides there, either of whom must be told what the papers are (Wis. Stat. section 801.11(1)(b)).

5. 5

   Ordinary mail alone does not serve an individual defendant in Wisconsin. For serving the summons on an individual, mail appears only as a mailing that must accompany service by publication, required at or immediately before the first publication unless the address cannot be found with reasonable diligence (Wis. Stat. section 801.11(1)(c)).

6. 6

   The summons and complaint must be served within 90 days after they are filed with the court, or the action is not considered commenced against that defendant (Wis. Stat. section 801.02(1)).

7. 7

   Wisconsin sets no fixed number of days to file the proof of service. The server must make and deliver it promptly and the party served-for must promptly file it, but the statute itself says that failing to make, deliver, or file proof of service does not affect the validity of the service (Wis. Stat. section 801.10(3)).

Wisconsin Requirements for Proof of Service

• Adult Non-Party Server With Four-State Reciprocity

  A summons may be served by any adult resident of the state where service is made who is not a party, and Wisconsin uniquely also lets an adult non-party resident of Illinois, Iowa, Michigan, or Minnesota serve within Wisconsin (Wis. Stat. section 801.10(1), (1m)).

• Party Barred From Serving the Summons

  A party to the action cannot serve their own summons and complaint; service must come from a qualifying non-party adult or a sheriff or deputy sheriff (Wis. Stat. section 801.10(1)).

• No Mandatory Statewide Proof of Service Form

  Wisconsin has no mandatory statewide proof-of-service form for a general civil summons and complaint; Wis. Stat. section 801.10(3)-(4) prescribes the required content instead. If the issuing court requires its own version, that court's form controls.

• Unsworn Declaration May Replace the Affidavit

  Proof of service is ordinarily an affidavit once service is challenged, but 2023 Wisconsin Act 245's amendment to the Uniform Unsworn Declarations Act lets an unsworn declaration signed under penalty of false swearing substitute for the notarized affidavit (Wis. Stat. sections 801.10(4)(a), 887.015).

• Sheriff or Deputy May Certify Instead of Affidavit

  A sheriff or deputy sheriff serving within their own county may prove service by a certificate of service rather than an affidavit, containing the same time, date, place, and manner content (Wis. Stat. section 801.10(2), (4)(a)).

• Mail Alone Does Not Serve an Individual Defendant

  Ordinary mail is not a listed method for serving an individual defendant; for the summons, it appears only as a mandatory companion mailing to service by publication (Wis. Stat. section 801.11(1)(c)).

• 90-Day Deadline to Serve

  The summons and complaint must be served within 90 days after filing, or the action is not considered commenced against that defendant (Wis. Stat. section 801.02(1)).

• No Fixed Deadline to File Proof of Service

  Wisconsin sets no fixed number of days to file the proof of service, and the statute itself says that failing to make, deliver, or file proof of service does not affect the validity of the service (Wis. Stat. section 801.10(3)).

• Filing Later Papers Constitutes Certification of Service

  No separate certificate-of-service document is required by statute for later papers; filing a paper that must be served itself certifies that a copy was timely served on every party required to receive it (Wis. Stat. section 801.14(4)).