Wisconsin Service of Process Rules
Wisconsin
State Serve Rules
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
Individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Required
Minimum age for substitute service
14
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
n/a
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
5
Posting Rules
Due Diligence Prior to Posting
Required
Posting
y
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal/Sub 2) 1st Class 3) If not successful then post and mail
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
5
Proof Specialists
Server/Marshal Required?
Server
**Who May Serve.** An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence.
**Endorsement.** At the time of service, the person who serves a copy of the summons shall sign the summons and shall indicate thereon the time and date, place and manner of service and upon whom service was made. If the server is a sheriff … the server’s official title shall be stated. Failure to make the endorsement shall not invalidate a service but the server shall not collect fees for the service.
**Personal Service, Individual.** By personally serving the summons upon the defendant either within or without this state.
**Substituted.** If with reasonable diligence the defendant cannot be served under (a), then by leaving a copy of the summons at the defendant’s usual place of abode:
1. In the presence of some competent member of the family at least 14 years of age, who shall be informed of the contents thereof; [or] In the presence of a competent adult, currently residing in the abode of the defendant, who shall be informed of the contents of the summons; or
2. Pursuant to the law for substituted service of summons or like process upon defendants in actions brought in courts of general jurisdiction of the state in which service is made.
**Corporations.** By personally serving the summons upon an officer, director or managing agent of the corporation … either within or without this state. In lieu of delivering the copy of the summons to the officer specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office.
**Return of Service.** The person making service shall make and deliver proof of service to the person on whose behalf service was made who shall promptly file such proof of service. Failure to make, deliver, or file proof of service shall not affect the validity of the service. Personal or substituted personal service shall be proved by the affidavit of the server indicating the time and date, place and manner of service, that the server is an adult resident of the state of service not a party tot the action, that the server knew the person.
