799.06 Actions; how commenced, pleadings, appearances.
(1) Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or circuit court commissioner may require written pleadings in a particular case.
(2) A person may commence and prosecute or defend an action or proceeding under this chapter and may appear in his, her, or its own proper person or by an attorney regularly authorized to practice in the courts of this state. Under this subsection, a person is considered to be acting in his, her, or its own proper person if the appearance is by a member, as defined in s. 183.0102 (11), agent, or authorized employee of the person, or by an agent of the member or an authorized employee of the agent. An assignee of any cause of action under this chapter shall not appear by a full-time authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state.
(3)
(a) The complaint in an eviction action shall conform to s. 799.41. The complaint in other actions under this chapter shall be in writing and shall be substantially in the following form:
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
A. B.
Address
City, State Zip Code File No. ....
, Plaintiff
vs. C O M P L A I N T
C. D.
Address .... (Case Classification Type): .... (Code No.)
City, State Zip Code
, Defendant
For the Plaintiff's claim against Defendant, Plaintiff states that:
1. Plaintiff's injuries or losses occurred on or about .... (month and day), .... (year), and under the following circumstances (brief statement of the facts of plaintiff's claim):
2. Wherefore, Plaintiff demands judgment for (return of property) (confirmation, vacation, modification or correction of arbitration award) (the sum of $....) plus attorney fees, if any, costs of this suit and such other relief as the court deems proper.
Signed: ....
A. B., Plaintiff
or
E. F., Plaintiff's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
(b) A court may not require that a person filing a summons or complaint under this chapter have the summons or complaint notarized.
History: Sup. Ct. Order, 67 Wis. 2d 585, 764 (1975); 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 108; Stats. 1979 s. 799.06; 1987 a. 208; 1991 a. 163; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1997 a. 250; 2001 a. 61; 2013 a. 76; 2017 a. 317; 2021 a. 258.
Sub. (2) authorizes a non-lawyer employee to represent a party to a small claims action at the appellate as well as trial court level. Holz v. Busy Bees Contracting, Inc. 223 Wis. 2d 598, 589 N.W.2d 633 (Ct. App. 1998), 98-1076.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 799 - Procedure in small claims actions.
799.01 - Applicability of chapter.
799.02 - Counterclaims and cross complaints.
799.04 - Relation of this chapter to other procedural rules.
799.06 - Actions; how commenced, pleadings, appearances.
799.07 - File of summons; forfeiture tickets; warrants.
799.10 - Case file, court record.
799.14 - Failure of actual notice of suit by mail.
799.16 - Actions in rem or quasi in rem; limitation on judgment.
799.20 - Answer; counterclaim and cross complaint.
799.205 - Substitution of judge.
799.206 - Return date proceedings before court commissioner.
799.207 - Proceedings before circuit court commissioner.
799.208 - Pretrial conference.
799.213 - Arbitration actions.
799.215 - Trial by court, findings and judgment.
799.22 - Judgment on failure to appear or answer.
799.225 - Dismissal of pending actions.
799.26 - Money damages; disclosure of assets requested.
799.41 - Complaint in eviction actions.
799.42 - Service and filing in eviction actions.
799.43 - Defendant's pleading in eviction actions.
799.44 - Order for judgment; writ of restitution.
799.45 - Execution of writ of restitution; disposal of personal property.