Wisconsin Third-Party Summons

State:
Wisconsin
Control #:
WI-SKU-0156
Format:
PDF
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Description

Third-Party Summons

Wisconsin Third-Party Summons is a process used in Wisconsin courts to bring a non-party to a lawsuit. A Third-Party Summons may be issued when a party believes that a third party is responsible for all or part of the plaintiff's claim, or when a third party possesses knowledge that would be helpful in determining the facts of the case. There are two types of Wisconsin Third-Party Summons: Standard Summons and Third-Party Summons for Discovery. The Standard Summons is used when a party believes that a third-party may be held liable or responsible for all or part of a plaintiff's claim. The Third-Party Summons for Discovery is used to obtain information or documents from a non-party that may be helpful in determining the facts of the case.

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FAQ

The Sheriff's Department, of the County in which the individual to be served resides, may serve the other party. Proof of service and a set of the documents which were served must be returned to court as soon as possible.

A subpoena may also be issued by any attorney of record in a civil action or special proceeding to compel attendance of witnesses for deposition, hearing or trial in the action or special proceeding.

803.03(1)(b)2. 2. Leave any of the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations by reason of his or her claimed interest.

Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.

Deadline: The person you are having subpoenaed must be served with the forms no later than ten (10) business days before the date of the hearing. The person serving the Subpoena on the other party or witness must complete the ?Service Information? section on the original and all copies of the Subpoena form.

What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.

A subpoena is a writ ordering a person to attend a court proceeding or to provide documents or deposition testimony. In Wisconsin, parties involved in litigation may issue a subpoena to a third-party (non-party to the case) for the purposes of discovery and for testimony at trial.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

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Wisconsin Third-Party Summons