A summons is deemed served as follows:
801.13.Summons; when deemed served.
Ch. 801: Commencement of Action and Venue · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 801.13 fixes the date a Wisconsin summons is deemed served — the day of personal or substituted service, or the first day of required publication when service is by publication.
Full Text of Section 801.13
(1) A summons served personally upon the defendant or by substituted personal service upon another authorized to accept service of the summons for the defendant is deemed served on the day of service.
(2) A summons served by publication is deemed served on the first day of required publication.
Plain-English Summary
Section 801.13 answers a narrow but consequential question: on what date does service of a summons legally take effect? For personal service, or substituted personal service on someone authorized to accept it for the defendant, the summons is deemed served on the actual day that delivery happens.
Service by publication works differently, because the process unfolds over multiple days of running the notice. Section 801.13 fixes that date at the first day of the required publication, rather than the last day the notice runs or the day the plaintiff mails a copy. That fixed date matters for measuring deadlines elsewhere in the chapter — for instance, the response period a summons served by publication gives the defendant runs from the date stated in the summons, which section 801.09 requires to be that first publication date.
Frequently Asked Questions
When is a Wisconsin summons considered served if it was hand-delivered to the defendant?
Section 801.13 deems a summons served personally, or by substituted personal service on someone authorized to accept it for the defendant, on the day that delivery occurs.
When is a summons served by publication considered served?
Section 801.13 deems it served on the first day of the required publication, not the last day the notice runs.
Why does the exact service date matter under this section?
Because deadlines elsewhere in chapter 801, such as the defendant’s time to answer, are measured from the date service is deemed to occur, so fixing that date precisely avoids disputes over when the response clock started running.
Does mailing a copy of the summons change when it is deemed served under publication?
No. Section 801.13 ties the deemed-served date for publication service to the first day of required publication, regardless of when a copy is separately mailed to the defendant.
Does substituted service count as served on the same day as personal service?
Yes. Section 801.13 treats substituted personal service on someone authorized to accept the summons for the defendant the same as personal service, deemed served on the day that delivery happens.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 607 (1975).
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
Also known as: when is a wisconsin summons considered servedservice by publication effective date wisconsindate of service wisconsin lawsuit deadline