Wisconsin Process Server Summons and Subpoena Service in All 72 Wisconsin Counties

A case starts at the clerk’s counter

Under Wis. Stat. 801.02(1), a civil action seeking a personal judgment is commenced against a defendant when the summons and the complaint naming that defendant are filed with the court, provided an authenticated copy of both is served on that defendant within 90 days after filing. An in rem or quasi in rem action follows the same 90-day rule, with the complaint or a notice of object of action under 801.12 served alongside the summons.

§ 801.02(1)–⁠(2)

Filed together, served together, never served early

Section 801.02(3) has the original summons and complaint filed together and the authenticated copies served together; for publication, only the summons is published, but a copy of the complaint is mailed with it as 801.11 requires. Subsection (4) forbids any service until the action has been commenced by that filing.

§ 801.02(3)–⁠(4)

Only an authenticated copy counts

The clerk authenticates by placing a filing stamp showing the case number on each copy of the summons and complaint (801.09(4)), and the plaintiff or counsel may be issued as many authenticated copies as service on the defendants needs. A plain photocopy of an unstamped summons is not what 801.10(1) lets a server deliver.

§ 801.09(4); 801.10(1)

The 90 days cannot be stretched

Section 801.15(2)(a) lets a Wisconsin court enlarge most time limits on motion for cause shown and upon just terms, then removes this one from that power in plain words: "The 90 day period under s. 801.02 may not be enlarged."

§ 801.15(2)⁠(a)

Late service and the limitation period

Filing the summons and complaint commences an action for limitation purposes (893.02), but the same section says no action is deemed commenced as to a defendant on whom authenticated copies were not served within 90 days after filing. Missing the window can therefore leave a claim outside its limitation period, which is a question for counsel.

§ 893.02

How a defendant attacks the service

Section 802.06(2)(a) lists insufficiency of summons or process and untimeliness or insufficiency of service among the defenses that may be raised by motion. Under 802.06(8)(a), those defenses are waived only if they are left out of a motion in the circumstances sub. (7) describes, or are neither made by motion nor included in a responsive pleading.

§ 802.06(2)⁠(a), (8)⁠(a)

Answer periods start on the day of service

A defendant serves an answer within 20 days after service of the complaint (802.06(1)(a)). The period is 45 days when a defendant is an insurance company or a claim is founded in tort, and the State, its agencies, officers, employees and agents also have 45 days.

§ 802.06(1)

What the Wisconsin summons must say

Under 801.09 the summons carries the title of the cause, the court and the county the plaintiff designates for trial, a direction to serve an answer (or a demand for the complaint) on the plaintiff’s attorney at the address stated, and a warning that judgment will be rendered according to the demand of the complaint if the defendant does not respond. It is subscribed with the handwritten signature of the plaintiff or attorney. When service is by publication, the answer period runs from a date stated in the summons, 40 days after it.

§ 801.09(1)–⁠(3)

Who may serve a Wisconsin summons

Section 801.10(1) lets any adult resident of the state where service is made, who is not a party to the action, serve an authenticated copy, and it requires service with reasonable diligence. Subsection (1m) adds adults who reside in Illinois, Iowa, Michigan or Minnesota and are not parties: they may serve an authenticated copy inside Wisconsin too.

§ 801.10(1), (1m)

The sheriff’s role

Wis. Stat. 59.27(4) directs each sheriff, personally or through the undersheriff or deputies, to serve or execute the process delivered to the sheriff. When a sheriff or deputy serves a summons, the endorsement states the official title, and proof may be the sheriff’s or deputy’s certificate of service instead of an affidavit when service was made in the county where the defendant was found.

§ 59.27(4); 801.10(2), (4)⁠(a)

Personal delivery comes first

Section 801.11(1)(a) begins with personally serving the summons on the defendant, a step that works whether the defendant is found within or without Wisconsin. A summons served personally, or by substituted service on another person authorized to accept it, is deemed served on the day of service (801.13(1)).

§ 801.11(1)⁠(a); 801.13(1)

Leaving the summons at the defendant’s home

Only after personal service cannot be made with reasonable diligence does 801.11(1)(b) allow leaving a copy at the defendant’s usual place of abode, in the presence of either a competent family member at least 14 years of age or a competent adult currently residing there. Either one must be informed of the contents of the summons.

§ 801.11(1)⁠(b)1.–1m.

Abode service in another state

For a home outside Wisconsin, 801.11(1)(b)2. also accepts substituted service done the way the law of the state where service is made allows it in that state’s courts of general jurisdiction.

§ 801.11(1)⁠(b)2.

Publication and mailing as the last step

When neither personal nor abode service can be made with reasonable diligence, 801.11(1)(c) permits publication of the summons as a class 3 notice under chapter 985, plus mailing a copy of the summons and complaint at or immediately prior to the first publication; the mailing may be omitted only if the post-office address cannot be found with reasonable diligence. A summons served this way is deemed served on the first day of required publication, and proof is the publisher’s affidavit with an affidavit of mailing. A defendant whose identity is unknown in an in rem action may be served by publication as a class 3 notice.

§ 801.11(1)⁠(c); 801.12(1)⁠(b); 801.13(2); 801.10(4)⁠(b)

Agents and other statutes

In any case, 801.11(1)(d) allows serving the summons in the manner another statute specifies, or on an agent authorized by appointment or by law to accept service for the defendant.

§ 801.11(1)⁠(d)

Corporations and LLCs under chapter 801

Section 801.11(5) covers domestic and foreign corporations and limited liability companies: personal delivery to an officer, director or managing agent, inside or outside Wisconsin, or leaving the copy in that person’s office with whoever is apparently in charge of it. If that fails with reasonable diligence, an officer, director or managing agent may be served by publication and mailing as sub. (1) provides.

§ 801.11(5)⁠(a)–⁠(b)

Registered agents

Each entity statute names the registered agent as a person to serve: 180.0504(1) for corporations and 183.0119(1) for limited liability companies and registered foreign limited liability companies. Service on a registered agent must be in a written record.

§ 180.0504; 183.0119

Mail to the principal office when no agent can be served

If a corporation has no registered agent, or the agent cannot be served with reasonable diligence, 180.0504(2) allows registered or certified mail, return receipt requested, or similar delivery service, addressed to the principal office shown in the department’s records on the date of sending; 183.0119 says the same for an LLC. Service is perfected on the earliest of the date of receipt, the date on a return receipt signed for the corporation, or five days after deposit when mailed postpaid and correctly addressed.

§ 180.0504(2); 183.0119

The person in charge, or a class 3 notice

Instead of mailing, 180.0504 and 183.0119 allow handing a copy to the individual in charge of any regular place of business or activity of the company, as long as that individual is not a plaintiff. When the department’s records give no principal office address, a corporation may be served by publishing a class 3 notice in the community where its principal office or registered office was last designated.

§ 180.0504(3); 183.0119

Insurance companies

Serving an insurer’s agent is valid under 801.11(5)(d) only if a copy of the summons and the proof of service go by registered mail to the insurer’s principal place of business within 5 days after the agent is served.

§ 801.11(5)⁠(d)

Partnerships and their partners

To bind partners individually and the partnership’s assets anywhere, 801.11(6) has the summons served individually on each general partner known to the plaintiff, by a method in sub. (1), (2) or (5). Limited liability partnerships (178.0912) and limited partnerships (179.0121), including registered foreign ones, may be served through their registered agents.

§ 801.11(6); 178.0912; 179.0121

Out-of-state corporations doing business here

A foreign corporation authorized to transact business in Wisconsin is served through its registered agent (180.1510(1)); without a reachable agent, registered or certified mail with return receipt to its principal office in the department’s records is allowed. A corporation that was once authorized may still be served that way on a claim that arose while it held authority, and 180.1510 leaves every other lawful method open.

§ 180.1510

Defendants reached from outside Wisconsin

Section 801.05 lists when a Wisconsin court has jurisdiction over a person served under 801.11, including a natural person present in the state when served or domiciled here, a defendant engaged in substantial and not isolated activities in Wisconsin, and a claim for injury to person or property arising from an act or omission in this state.

§ 801.05(1), (3)

Children and people under guardianship

A person under disability is served personally as sub. (1) provides, and also through the person the statute designates (801.11(2)). For a child under 14, a separate copy goes to a parent or guardian with custody, or failing one, to whoever has the child’s care and control; a minor 14 or older who is not under guardianship is not treated as under disability. A defendant known to be under guardianship of any kind requires separate service on the guardian, and a guardian ad litem is served once appointed under 803.01.

§ 801.11(2)

Suing the State

The State is served by delivering the summons and complaint to the attorney general, or by leaving them with an assistant or clerk at the attorney general’s office in the capitol (801.11(3)).

§ 801.11(3)

Counties, municipalities and school districts

Section 801.11(4)(a) names the officer to serve: for a county, the county board chairperson or the county clerk; a town, its chairperson or clerk; a city, the mayor, city manager or clerk; a village, the president or clerk; a technical college district, the district board chairperson or secretary; a school district or school board, the president or clerk; any other body politic, an officer, director or managing agent. Paragraph (b) lets the copy be left in that officer’s office with the person apparently in charge.

§ 801.11(4)

The server signs the summons at the door

At the time of service, 801.10(2) has the server sign the summons and write on it the time, date, place and manner of service and the person served. Leaving out that endorsement does not invalidate the service, but the server may not collect fees for it.

§ 801.10(2)

Who receives and files the proof

The person making service makes and delivers proof of service to the person on whose behalf it was made, and that person promptly files it (801.10(3)). A failure to make, deliver or file the proof does not affect whether the service was valid. The affidavit may be written on an authenticated copy of the summons or as a separate document.

§ 801.10(3), (4)⁠(a)

What the affidavit of service must show

If the defendant appears and challenges service, 801.10(4)(a) requires the server’s affidavit to give the time, date, place and manner of service; that the server is an adult resident of the state of service (or, for service in Wisconsin, of Wisconsin, Illinois, Iowa, Michigan or Minnesota) and not a party; that the server knew the person served to be the defendant named; and that an authenticated copy was delivered to and left with the defendant. For substituted service it adds when, where and with whom the copy was left and the facts showing reasonable diligence in trying personal service first.

§ 801.10(4)⁠(a)

An unsworn declaration in place of the affidavit

Wisconsin’s Uniform Unsworn Declarations Act (887.015) gives an unsworn declaration the same effect as a sworn one wherever the law requires or permits a sworn declaration, a term that includes an affidavit or certificate. It applies to a declarant inside or outside the United States. The declaration ends: "I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct," then the day, month, year and place of signing, the printed name and the signature.

§ 887.015(2)⁠(f), (3), (4)⁠(a), (6)

A signed admission of service

Section 801.10(4)(c) also accepts the defendant’s written admission of service as proof; the defendant’s signature on it is presumptive evidence that it is genuine.

§ 801.10(4)⁠(c)

Serving a Wisconsin subpoena

Subpoenas are issued and served under chapter 885 (805.07(1)): a judge or clerk may issue one within the court’s territory, and an attorney of record may issue one for a deposition, hearing or trial in the case. Under 885.03 any person may serve a subpoena by exhibiting and reading it to the witness, giving the witness a copy, or leaving a copy at the witness’s abode; 805.07(5) limits that substituted service in civil cases to the 801.11(1)(b) abode rules and lets officers, directors and managing agents subpoenaed in their official capacity be served under 801.11(5)(a). Parties get notice of a third-party discovery subpoena at least 10 days before the deposition.

§ 805.07(1), (2)⁠(b), (5); 885.01; 885.03

The witness fee travels with the subpoena

Under 885.06(1), no one has to attend as a witness in a civil action unless the witness fee for one day’s attendance and for travel is paid or tendered, in cash or by check, share draft or other draft. The exceptions are subpoenas on behalf of the state, of a municipality in a forfeiture action, or of an indigent respondent in a paternity proceeding.

§ 885.06(1)

Foreign subpoenas under Wisconsin’s UIDDA

Wis. Stat. 887.24 is Wisconsin’s Uniform Interstate Depositions and Discovery Act, and it covers a subpoena issued in a civil action by a court of record of another jurisdiction. The party submits the foreign subpoena to the clerk of the county where discovery will happen (where the witness resides or, for a business, a county where it does substantial business), with the Wisconsin subpoena form. That form uses the foreign title and docket number, incorporates the foreign subpoena’s terms with a copy attached, lists every counsel of record and unrepresented party with address and telephone, and tells the witness of the right to petition the Wisconsin circuit court for a protective order under 805.07(3).

§ 887.24(1)–⁠(3)⁠(a)

Issuance, then service under chapter 885

The clerk promptly signs and issues the Wisconsin subpoena, without collecting a fee or creating a case file, and an attorney authorized to practice law in Wisconsin may instead sign and issue it as an officer of the court under 805.07. Asking for issuance is not an appearance in Wisconsin courts. The issued subpoena is served and enforced under chapter 885; the person responsible for service delivers a certificate of service or affidavit to the requesting party, who keeps it and gives a copy to any party or the deponent on request, and the discovery itself follows Wisconsin rules including chapter 804.

§ 887.24(3)⁠(b)–⁠(5)

Counting the 90 days

Under 801.15(1)(b) the filing day is not counted and the last day is, unless the clerk of courts office is closed that day; Saturdays, Sundays and holidays drop out only for periods under 11 days, so they count inside the 90. A holiday for this purpose is any day in 230.35(4)(a) or 995.20, plus all of Good Friday.

§ 801.15(1)

Wisconsin’s holiday lists

Section 995.20 names January 1, the 3rd Monday in January, the 3rd Monday in February, the last Monday in May, June 19, July 4, Labor Day, the 2nd Monday in October, November 11, Thanksgiving, December 25 and the partisan primary and November general election days, moving a Sunday holiday to Monday, and sets aside 11 a.m. to 3 p.m. on Good Friday. Section 230.35(4)(a) closes state offices on a shorter list that adds December 24 and December 31, with the following day off when January 1, July 4 or December 25 falls on a Sunday.

§ 995.20; 230.35(4)⁠(a)

Statutes verified October 2026 against Wis. Stat. 59.27, 178.0912, 179.0121, 180.0504, 180.1510, 183.0119, 230.35(4)(a), 801.02, 801.05, 801.09, 801.10, 801.11, 801.12, 801.13, 801.15, 802.06, 805.07, 885.01, 885.03, 885.06, 887.015, 887.24, 893.02 and 995.20, in the 2023-24 Wisconsin Statutes as updated through 2025 Wisconsin Act 247 and published by the Wisconsin Legislature. General information, not legal advice. The statute controls.