A court of this state having jurisdiction of the subject matter may, without a summons having been served upon a person, exercise jurisdiction in an action over a person with respect to any counterclaim asserted against that person in an action which the person has commenced in this state and also over any person who appears in the action and waives the defense of lack of jurisdiction over his or her person as provided in s. 802.06 (8). An appearance to contest the basis for in rem or quasi in rem jurisdiction under s. 802.06 (2) (a) 3. without seeking any other relief does not constitute an appearance within the meaning of this section.
801.06.Personal jurisdiction, grounds for without service of summons.
Ch. 801: Commencement of Action and Venue · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 801.06 lets a Wisconsin court exercise jurisdiction without serving a summons over a person facing a counterclaim in a case they filed, or over anyone who appears in a case and waives the objection that they weren’t served.
Full Text of Section 801.06
Plain-English Summary
Ordinarily, chapter 801 ties personal jurisdiction to service of a summons. Section 801.06 carves out two situations where that formal step isn’t necessary. First, if someone commences an action in Wisconsin, the court can exercise jurisdiction over that same person for a counterclaim brought against them in that action, even without a summons ever being served for the counterclaim. Having chosen to sue in Wisconsin, the plaintiff can’t insist that the same court lacks power to hear a related claim brought back at them.
Second, anyone who appears in an action and waives the defense of lack of personal jurisdiction — as the rules for objecting to jurisdiction describe — becomes subject to the court’s jurisdiction that way, again without needing to have been served. The section draws one careful line around that waiver rule: an appearance made only to contest the basis for in rem or quasi in rem jurisdiction, without seeking any other relief, doesn’t count as the kind of appearance that waives the jurisdiction defense. A defendant can show up specifically to argue that the court lacks a proper hook for in rem jurisdiction without that appearance itself creating personal jurisdiction.
Frequently Asked Questions
Can a Wisconsin court have jurisdiction over someone without serving them a summons?
Yes, in two situations under section 801.06: when the court is exercising jurisdiction over a counterclaim against someone who themselves commenced the action, and when a person appears in the case and waives the objection to lack of personal jurisdiction.
If I sue someone in Wisconsin, can they bring a counterclaim against me even though I was never served with a separate summons for it?
Yes. Section 801.06 lets the court exercise jurisdiction over the person who commenced the action with respect to a counterclaim asserted against them in that same action, without a summons having been served for that counterclaim.
What does it mean to waive an objection to personal jurisdiction by appearing in a case?
It means that by appearing in the action and not properly objecting to jurisdiction, a person becomes subject to the court’s jurisdiction. Section 801.06 treats that kind of appearance the same as being served, for jurisdictional purposes.
Does showing up just to argue that in rem jurisdiction doesn’t exist count as a waiver?
No. Section 801.06 specifically excludes an appearance made only to contest the basis for in rem or quasi in rem jurisdiction, without seeking other relief, from counting as an appearance that waives the jurisdiction defense.
Where does the rule about waiving a jurisdiction objection by appearing come from?
Section 801.06 ties this waiver to the procedure for objecting to jurisdiction described elsewhere in the statutes; a party who appears without properly raising that objection under that procedure is treated as having waived it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 596 (1975); 1975 c. 218; 1993 a. 213.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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