The summons shall contain:
801.09.Summons, contents of.
Ch. 801: Commencement of Action and Venue · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 801.09 spells out what a Wisconsin summons must contain — the case caption, a deadline of 20 or 45 days to answer depending on the defendant, a default-judgment warning, and the signer’s contact information — and lets a plaintiff obtain as many authenticated copies as needed.
Full Text of Section 801.09
(1) The title of the cause, specifying the name of the court in which the action is brought, the name of the county designated by the plaintiff as the place of trial, the standardized description of the case classification type and associated code number as ap- proved by the director of state courts and the names and addresses of the parties to the action, plaintiff and defendant.
(2) A direction to the defendant summoning and requiring defendant to serve upon the plaintiff’s attorney, whose address shall be stated in the summons, either an answer to the complaint if a copy of the complaint is served with the summons or a demand for a copy of the complaint. The summons shall further direct the defendant to serve the answer or demand for a copy of the complaint within the following periods:
(a) 1. Except as provided in subds. 2. and 3., within 20 days, exclusive of the day of service, after the summons has been served personally upon the defendant or served by substitution personally upon another authorized to accept service of the summons for the defendant. 2. If the defendant is the state or an officer, agent, employee, or agency of the state, as to that defendant, within 45 days, exclusive of the day of service, after the summons has been served personally upon the defendant or served by substitution personally upon another authorized to accept service of the summons for the defendant. 3. Within 45 days, exclusive of the day of service, after the summons has been served personally upon the defendant or served by substitution personally upon another authorized to accept service of the summons for the defendant, if any of the following applies: a. A defendant in the action is an insurance company. b. Any cause of action raised in the complaint is founded in tort.
(b) Within 40 days after a date stated in the summons, exclusive of such date, if no such personal or substituted personal service has been made, and service is made by publication. The date so stated in the summons shall be the date of the first required publication.
(3) A notice that in case of failure to serve an answer or demand for a copy of the complaint within the time fixed by sub. (2), judgment will be rendered against the defendant according to the demand of the complaint. The summons shall be subscribed with the handwritten signature of the plaintiff or attorney with the addition of the post-office address at which papers in the action may be served on the plaintiff by mail, plaintiff’s or attorney’s telephone number, and, if by an attorney, the attorney’s state bar number, if any. If the plaintiff is represented by a law firm, the summons shall contain the name and address of the firm and shall be subscribed with the handwritten signature and state bar number, if any, of one attorney who is a member or associate of such firm. When the complaint is not served with the summons and the only relief sought is the recovery of money, whether upon tort or contract, there may, at the option of the plaintiff, be added at the foot a brief note specifying the sum to be demanded by the complaint.
(4) There may be as many authenticated copies of the summons and the complaint issued to the plaintiff or counsel as are needed for the purpose of effecting service on the defendant. Authentication shall be accomplished by the clerk’s placing a filing stamp indicating the case number on each copy of the summons and the complaint.
Official Notes
Cross-reference: See s. 802.06 (1) for a provision giving the state 45 days to serve an answer.
Judicial Council Note, 1983: Sub. (2) (a) is amended by applying the extended response time for state officers and agencies to state agents and employees as well. The extended time is intended to allow investigation of the claim by the department of justice to determine whether representation of the defendant by the department is warranted under s. 893.82 or 895.46, Stats. [Re Order effective July 1, 1983]
Plain-English Summary
Section 801.09 sets the required contents of a Wisconsin summons. It must carry the title of the case: the court, the county chosen as the place of trial, the case classification type and code, and the names and addresses of the plaintiff and defendant. It must direct the defendant to serve either an answer or a demand for a copy of the complaint on the plaintiff’s attorney, and it must state the deadline for doing so.
That deadline varies with who is being served and how. The default period is 20 days after personal or substituted personal service, excluding the day of service. Two categories get more time: the state or a state officer, agent, employee, or agency gets 45 days, and so does any defendant when an insurer is a party to the action or the complaint raises a tort claim. When service is by publication rather than personal delivery, the defendant instead gets 40 days after the date stated in the summons, which is the date of the first required publication.
The summons must also warn the defendant that failing to answer or demand the complaint within the stated time will lead to a judgment matching the complaint’s demand. It has to be signed by hand by the plaintiff or the plaintiff’s attorney, along with a mailing address, phone number, and, for an attorney, a state bar number; if a law firm represents the plaintiff, the firm’s name and address go on the summons too, subscribed by one member or associate attorney. When the complaint isn’t served with the summons and the case seeks only money, the plaintiff has the option of adding a brief note at the bottom stating the amount demanded. Finally, the section lets the plaintiff obtain as many authenticated copies of the summons and complaint as needed to serve every defendant, with authentication accomplished by the clerk’s filing stamp bearing the case number.
Frequently Asked Questions
How long does a defendant have to respond to a Wisconsin summons?
Under section 801.09, the standard period is 20 days after personal or substituted personal service, excluding the day of service. The period extends to 45 days if the defendant is the state or a state officer, agent, employee, or agency, or if an insurer is a party or the claim is founded in tort.
What deadline applies if the defendant was served by publication?
Section 801.09 gives that defendant 40 days after the date stated in the summons, excluding that date, and the stated date must be the date of the first required publication.
What information does the case caption on a Wisconsin summons need to include?
Section 801.09 requires the name of the court, the county the plaintiff designates as the place of trial, the standardized case classification type and code number, and the names and addresses of the plaintiff and defendant.
Who has to sign a Wisconsin summons, and what else must appear with the signature?
Section 801.09 requires the handwritten signature of the plaintiff or attorney, along with the mailing address for service by mail, a telephone number, and, if signed by an attorney, the attorney’s state bar number if the attorney has one.
Can a plaintiff get more than one authenticated copy of the summons and complaint?
Yes. Section 801.09 allows as many authenticated copies as needed for effecting service on the defendant, authenticated by the clerk placing a filing stamp with the case number on each copy.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 598 (1975); Sup. Ct. Order, 67 Wis. 2d viii; 1975 c. 218; Sup. Ct. Order, 112 Wis. 2d xi; Sup. Ct. Order, 171 Wis. 2d xxv; 1993 a. 365, 486; 1997 a. 133, 187; 2001 a. 16; 2005 a. 442.
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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