Wisconsin Summons on a Third-Party Complaint

State:
Wisconsin
Control #:
WI-SKU-0237
Format:
PDF
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Description

Summons on a Third-Party Complaint

Wisconsin Summons on a Third-Party Complaint is a legal document that is issued by a court in Wisconsin to a person (third-party) who is not named as a defendant in the original complaint, but who may have information or evidence relevant to the case. This summons requires the third party to appear before the court and provide testimony and/or documents related to the case. There are two types of Wisconsin Summons on a Third-Party Complaint: 1) Summons to Appear and 2) Summons to Produce. The Summons to Appear requires the third party to appear in court at a specified time to provide testimony. The Summons to Produce requires the third party to appear with documents or other evidence relevant to the case.

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FAQ

party complaint is a claim asserted by a defendant ("Thirdparty Plaintiff") against a nonparty (now a thirdparty defendant) who is or may be liable to the defendant for all or part of the claim it.

Wisconsin Legislature: 801.11. If you do not demand a copy of the complaint within 40 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint.

For example, if two cars crash into a plaintiff's house yet the plaintiff sues only one driver for all of the damages, that driver may file a third-party claim for contribution against the other driver.

party complaint is a claim asserted by a defendant ("Thirdparty Plaintiff") against a nonparty (now a thirdparty defendant) who is or may be liable to the defendant for all or part of the claim it.

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

For example, assume Phyllis is involved in a car accident with Dan. Phyllis sues Dan, claiming that he negligently ran a red light and crashed into her. Dan, however, claims that Tom was driving the car. Dan, as a third-party plaintiff, can add Tom as a third-party defendant.

A person who is not a principal party. Often refers to someone who is not party to a dispute or agreement. courts.

The summons may be served in person, either inside or outside this state. A copy of the summons left at the defendant's normal residence will suffice if Wisconsin Process Service cannot be accomplished with reasonable care.

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Wisconsin Summons on a Third-Party Complaint