Wisconsin Rules of Civil Procedure

Wisconsin's rules for serving a summons are in the Wisconsin Statutes, chapter 801, mainly sections 801.02, 801.10 and 801.11. Subpoenas are covered by sections 805.07 and 885.03.

Wisconsin doesn't license process servers. Any adult resident of the state where service is made who isn't a party can serve, and adults from Illinois, Iowa, Michigan and Minnesota can also serve in Wisconsin (§ 801.10).

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current statutes on the Wisconsin State Legislature site or ask an attorney before relying on it.

Wisconsin process servers

• Become a process server in Wisconsin
• Hire a process server in Wisconsin

Quick facts: process serving in Wisconsin

• Who can serve: Any adult resident of the state where service is made who isn't a party. Adult residents of Illinois, Iowa, Michigan and Minnesota can also serve in Wisconsin (§ 801.10(1) and (1m)).
• Licensing: No state license or registration for process servers.
• Deadline to serve: Within 90 days after the summons and complaint are filed (§ 801.02).
• Substituted service: After reasonable diligence, leave the papers at the person's usual place of abode with a competent family member 14 or older, or a competent adult who lives there (§ 801.11(1)(b)).
• Proof of service: The server signs the summons with the time, date, place and manner of service, and delivers proof of service to the plaintiff (§ 801.10(2)-(3)).
• Time to respond: 20 days in most cases. 45 days for the state, insurance companies and tort claims (§ 802.06(1)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Wisconsin. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job, so your record of diligence is ready if service is challenged.

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Do you need a license to serve process in Wisconsin?

No. Wisconsin has no state license, registration or bond for process servers. Under § 801.10(1), an authenticated copy of the summons can be served by any adult resident of the state where service is made who isn't a party to the case. Service must be made with reasonable diligence.

Residency matters. For service inside Wisconsin, the server must live in Wisconsin, Illinois, Iowa, Michigan or Minnesota (§ 801.10(1m), added by 2005 Wisconsin Act 439). Courts have treated service by a server who doesn't meet the residency rule as a fundamental defect that requires dismissal.

For a step-by-step guide, see Become a Process Server in Wisconsin.

How to serve a summons in Wisconsin

An authenticated copy of the summons and complaint must be served within 90 days after filing (§ 801.02).

Personal service: § 801.11(1)(a)

The server hands the summons to the defendant. This can be done in Wisconsin or outside the state (§ 801.11).

Substituted service at the home: § 801.11(1)(b)

If the defendant can't be served personally with reasonable diligence, the server can leave a copy at the defendant's usual place of abode with:

• A competent member of the family who is at least 14, or
• A competent adult who currently lives in the home

The server must tell the person what the papers are. Service can also follow the substituted-service law of the state where service is made. Courts look closely at diligence: two visits with no other effort to find the defendant has been held not enough.

Service by publication: § 801.11(1)(c)

If the defendant can't be served personally or at home with reasonable diligence, the summons can be published as a class 3 notice under chapter 985. If the defendant's mailing address is known or can be found, a copy of the summons and complaint must also be mailed to them at or before the first publication. See What is service by publication?

Service through an agent: § 801.11(1)(d)

The summons can be served in a way another statute allows, or on an agent authorized by appointment or by law to accept service for the defendant.

Serving businesses and other entities

• Corporations and LLCs (§ 801.11(5)(a)): Personally serve an officer, director or managing agent, in or outside Wisconsin. You can also leave the papers in that person's office with the person who appears to be in charge of the office (§ 801.11). Service on a registered agent is also allowed by statute.
• Partnerships: Serve each general partner known to the plaintiff individually.
• State of Wisconsin (§ 801.11(3)): Deliver the summons and complaint to the attorney general, or leave them at the attorney general's office in the capitol with an assistant or clerk.
• Counties, towns, cities, villages and school districts (§ 801.11(4)): Serve the officer named in the statute, such as the county board chair or county clerk, the mayor, city manager or city clerk, or the school board president or clerk. You can also leave the papers in that officer's office with the person apparently in charge.

Look up registered agents with the Wisconsin Department of Financial Institutions corporate records search.

Serving a subpoena in Wisconsin

Subpoenas are issued and served under chapter 885, and an attorney of record can issue a subpoena in a civil case (§ 805.07). Any person can serve a subpoena by showing and reading it to the witness, giving the witness a copy, or leaving a copy at the witness's home (§ 885.03).

In most civil cases, a witness doesn't have to attend unless witness fees for one day's attendance and travel are paid or tendered (§ 885.06).

Proof of service

At the time of service, the server signs the summons and writes on it the time, date, place and manner of service and who was served. A server who doesn't make this endorsement can't collect a fee, though the service is still valid (§ 801.10(2)).

The server then delivers proof of service to the plaintiff, who files it promptly (§ 801.10(3)).

If the defendant challenges service, it's proved by the server's affidavit. The affidavit states the time, date, place and manner of service, that the server is an adult resident of a qualifying state and not a party, and that the server knew the person served was the defendant. For substituted service, it must also say where and with whom the papers were left, and the facts showing reasonable diligence (§ 801.10(4)). Courts require strict compliance when service is challenged.

Hire a Wisconsin process server

Find process servers and agencies across the state in the Wisconsin process server directory.

More Wisconsin resources

• Become a Process Server in Wisconsin
• Courts in Wisconsin
• Wisconsin Statutes, chapter 801 (Wisconsin State Legislature)
• Process server associations

This page is a general overview of Wisconsin law, not legal advice. Laws change. Check the current statutes or talk to an attorney about your case.