“Service” and “service of process” are legal terms used to describe the act of giving notice of a lawsuit or court hearing to another person. There are several different methods and very specific time limits by which you must have the other party served. The type of service you are required to use depends on the type of action you are filing.
YOU MUST HAVE THE OTHER PARTY SERVED PROPERLY
YOU MUST HAVE PROPER PROOF OF SERVICE
IF YOU DO NOT HAVE THE OTHER PARTY SERVED PROPERLY THE COURT CANNOT HEAR OR DECIDE YOUR CASE
Notice: This packet describes only the most common methods of service available for use. Please seek legal assistance if you would like to explore additional/alternative methods or if the forms you are filing are not listed. See below for discussion/definition of Personal Service.
Form (Name/Number) | Required Type of Service | Service Time Limits |
---|---|---|
Summons and Petition for Divorce/Legal Separation (FA-4104/FA-4105) | Personal | Within 90 Calendar days from the date the divorce/legal separation was filed |
Summons and Petition for Visitation Rights of Other Persons | Personal | Within 90 Calendar days from the date the Summons and Petition were filed |
Subpoena (GF-126) | Personal | Not less than 10 Business days before the date of the hearing |
Affidavit to Show Cause and Request for Hearing for Temporary Order and Order to Show Cause (FA-4128VA/FA-4129VB or FA-4129VA/FA-4129VB) | Personal | Not less than 5 Business days before the date of the hearing |
Affidavit for Finding of Contempt and Order to Show Cause for Finding of Contempt (FA-4172VA/FA-4172VB) Motion to Enforce Physical Placement Order (FA-609) |
Personal | Not less than 5 Business days before the date of the hearing |
Motion for and Notice of (DeNovo) Hearing (FA-4130) ***Filed as a result of a Contempt Hearing [not from a Motion Hearing]*** |
Personal | Not less than 5 Business days before the date of the hearing |
Order to Appear (FA-4142) | Personal | Not less than 24 hours before the date of the hearing if the other party lives in Waukesha County Not less than 72 hours before the date of the hearing if the other party does NOT live in Waukesha County, but does live in the State of Wisconsin |
Notice of Motion and Motion (FA-4170) | Not less than 8 Business days before the date of the hearing | |
Motion for and Notice of New (DeNovo) Hearing (FA-4130) ***Filed as a result of a Motion Hearing [not from a Contempt Hearing]*** |
Not less than 8 Business days before the date of the hearing |
There are five basic ways to have the other party personally served. Personal Service means that the documents are placed in the hands of the other party, the other party is served face-to-face.
1. Voluntary Admission
a. When serving the Other party
You may give the documents to the other party and ask that he/she voluntarily accept the papers from you. YOU MAY ONLY SERVE THE OTHER PARTY IF THE OTHER PARTY VOLUNTARILY ACCEPTS THE PAPERS FROM YOU.
If the other party voluntarily accepts the papers from you then:
b. When serving the State of Wisconsin / Child Support Enforcement Agency
If the State of Wisconsin is a party to the action, you must serve your local Child Support Enforcement Agency using the following steps below:
2. Sheriff’s Department
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 the Family Division Office as soon as possible. Remember to keep a copy for your records. Answers to the Waukesha County Sheriff Department’s Frequently Asked Questions are included in this packet.
3. Private Process Server
You may make arrangements with a private process server to have the other party personally served. Contact individual companies for fees and procedural information. To find a private process server in your or the other party’s area, you may look under “Process Service” using a phone or internet directory or by going to http://www.iprocessservers.com . Proof of service and a set of the documents that were served must be returned to the Family Division Office as soon as possible. Remember to keep a copy for your records.
4. Service using a Friend or Relative
A friend or relative who is over 18, is a resident of Wisconsin, and is not a party to the action may also serve the other party:
5. LAST RESORT – Service by Publication
The Service by Publication Packet is available to assist individuals with service by publication who are filing an action for divorce/legal separation ONLY.
Before attempting this last resort, you should consider seeking legal assistance. There are specific and complicated rules that must be followed to successfully serve a party by publication. Service by Publication is a last resort and can only be used if you failed to have the other party served by one of the methods above. You have a responsibility to make every effort to personally serve the other party if possible, which includes gathering reasonably available information from family and friends to try and determine the other party’s location.
The option of Service by Publication is only available to you if you can answer yes to all of the following:
Service by Mail
Serving documents on the other party by mail is allowed for certain types of actions. If service by mail is allowed, you must: