(1) Every order required by its terms to be served, every pleading unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, undertaking, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in s. 801.11.
801.14.Service and filing of pleadings and other papers.
Ch. 801: Commencement of Action and Venue · Last amended 2019 · Last verified July 15, 2026
In one sentenceSection 801.14 requires pleadings, motions, and similar papers to be served on every party (or their attorney) after the initial summons, sets the methods and timing for that service, and requires most served papers to be filed with the court soon after.
Full Text of Section 801.14
(2) Whenever under these statutes, service of pleadings and other papers is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party in person is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy or by mailing it to the last-known address, or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this section means: handing it to the attorney or to the party; transmitting a copy of the paper by facsimile machine to his or her office; or leaving it at his or her office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Except as otherwise provided in s. 801.18 (6) (a) and (b), if an attorney, or a party if appropriate, has consented in writing to accept service by electronic mail, delivery of a copy within this section may also include transmitting a copy of the paper by electronic mail to his or her primary or other designated electronic mail address. Service by mail is complete upon mailing. Service by facsimile is complete upon transmission. Service by electronic mail is complete upon transmission, except if the sender receives notification or indication that the message was not delivered. The first sentence of this subsection shall not apply to service of a summons or of any process of court or of any paper to bring a party into contempt of court. (2m) When an attorney has filed a limited appearance under s. 802.045 (2) on behalf of an otherwise self-represented person, anything required to be served under sub. (1) shall be served upon both the otherwise self-represented person who is receiving the limited scope representation and the attorney who filed the limited appearance under s. 802.045 (2). After the attorney files a notice of termination under s. 802.045 (4), no further service upon that attorney is required.
(3) In any action in which there are unusually large numbers of defendants, the court, upon motion or on its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(4) All papers after the summons required to be served upon a party, except as provided in s. 804.01 (6), shall be filed with the court within a reasonable time after service. The filing of any paper required to be served constitutes a certification by the party or attorney effecting the filing that a copy of such paper has been timely served on all parties required to be served, except as the person effecting the filing may otherwise stipulate in writing. (6) If an action pertaining to the subject matter of the compact authorized under s. 304.16 may affect the powers, responsibilities, or actions of the interstate commission, as defined in s. 304.16 (2) (f), the plaintiff shall deliver or mail a copy of the complaint to the interstate commission at its last-known address.
Official Notes
Judicial Council Note, 1986: Sub. (4) is amended by insertion of a cross-reference to s. 804.01 (6), providing that discovery documents need not be filed with the court unless the court so orders. [Re Order eff. 7-1-86]
Judicial Council Note, 1991: Sub. (2) is amended to clarify that facsimile transmission can be used to serve pleadings and other papers. Such service is deemed complete upon transmission. The change is not intended to expand the permissible means of serving a summons or writ conferring court jurisdiction under s. 799.12 and ch. 801, stats. [Re Order eff. 7-1-91]
Plain-English Summary
Section 801.14 governs the ongoing paperwork of a Wisconsin lawsuit after the case is underway. Orders that require service, pleadings, discovery papers, written motions other than ex parte ones, and notices, demands, offers of judgment, and similar documents must be served on every party, with an exception for parties already in default — though even a defaulted party must be served if a pleading asserts a new or additional claim against them, using the same method required for serving a summons.
When a party is represented by an attorney, service goes to the attorney rather than the party, unless the court orders otherwise. The section lists the accepted delivery methods: handing the paper to the attorney or party, faxing it to their office, leaving it at the office with whoever is in charge (or in a conspicuous spot if no one is there), or leaving it at the person’s home if the office is closed or there is no office. Email delivery is allowed too, but only if the recipient has consented in writing to accept it. Mail service is complete once mailed; fax and email service are complete once transmitted, unless an email transmission comes back as undelivered. None of this applies to service of a summons or to papers used to bring someone into contempt of court. When an attorney has filed a limited appearance for an otherwise self-represented party, both that party and the limited-appearance attorney must be served until the attorney files notice of withdrawal.
For cases with unusually large numbers of defendants, the court can relieve the defendants of the need to serve pleadings on each other, treating any cross-claim or affirmative defense as automatically denied by the other parties once it’s served on the plaintiff. Finally, most papers served after the summons must be filed with the court within a reasonable time, and the act of filing itself certifies that the paper was properly served on everyone who needed it.
Frequently Asked Questions
Who gets served with a motion or pleading once a Wisconsin case is underway — the party or their attorney?
Under section 801.14, service goes to the attorney when a party is represented, unless the court orders service on the party directly.
Can I serve papers on the opposing party by email in a Wisconsin lawsuit?
Only if that person or their attorney has consented in writing to accept service by email. Section 801.14 lists email as an available delivery method, complete upon transmission, but only when that consent has been given, with an exception if the sender is notified the message wasn’t delivered.
Does a defaulted party still need to be served with later filings?
Generally no, except section 801.14 requires service on a defaulted party if a later pleading raises a new or additional claim against them, and that service must follow the same manner used to serve a summons.
What happens when there are an unusually large number of defendants in one Wisconsin case?
Section 801.14 lets the court relieve the defendants of serving pleadings on one another, and any cross-claim, counterclaim, or affirmative defense in those pleadings is then treated as denied or avoided by all the other parties once served on the plaintiff.
Do served papers also need to be filed with the court?
Yes. Section 801.14 requires most papers required to be served on a party to also be filed with the court within a reasonable time after service, and filing the paper certifies that it was timely served on everyone required to receive it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 607 (1975); 1975 c. 218; Sup. Ct. Order, 130 Wis. 2d xix (1986); Sup. Ct. Order, 161 Wis. 2d xvii (1991); 2001 a. 96; 2007 a. 97; Sup. Ct. Order No. 13-10, 2014 WI 45, 354 Wis. 2d xliii; 2019 a. 30.
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: wisconsin service of pleadings and motionsserving papers on opposing counsel wisconsinservice by email wisconsin lawsuitlimited scope representation service wisconsin