Wisconsin Statutes 800.01 – Commencement of action
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 800.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Summons: Another word for subpoena used by the criminal justice system.
(1) In municipal court, ordinance violation cases are commenced when the complaint or citation is filed with or transmitted to the court.
(2) The municipal court has jurisdiction over a defendant when any of the following conditions is met:
(a) The defendant is served with a citation or a summons and complaint as provided under s. 801.11 (1) (a) to (c), (5), and (6).
(b) The defendant is arrested and brought before the court personally or through interactive video and audio transmission conducted in accordance with the rules of the supreme court.
(c) The defendant voluntarily appears before the court.
(d) The court finds that the defendant has acknowledged receipt of the citation or summons and complaint.
(e) The summons and complaint or citation are sent to the defendant by 1st class mail.
(2m) The law enforcement officer or municipal employee who serves the summons shall indicate the method of service on the copy of the documents filed or transmitted to the court.
(3) If the action is commenced by a citation under s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.