New legislation changes time period for service of a responsive pleading, Bar seeks member feedback

On May 23, 2006, Gov. Doyle signed into law 2005 Wisconsin Act 442, which takes effect Oct. 1, 2006, and first applies to actions commenced on or after that date.  Act 442 changes the time period for service of a responding pleading in certain cases.

Prior to the enactment of 2005 Wisconsin Act 442, the time period for serving a responsive pleading was 45 days.  This was the basic rule in civil procedure and in specified proceedings including appeals in worker's compensation cases and appeals of alcohol licensing decisions.

Act 442 provides that a responsive pleading must be made within 20 days, except that a 45-day period applies in the following cases: 1) The defendant is the state or an officer, agent, employee or agency of the state; or 2) The defendant in an action is an insurance company or the complaint alleges that a tort occurred.

The State Bar's Litigation Section seeks feedback from Bar members regarding problems posed by this Act.  Direct questions to Adam Korbitz, Government Relations coordinator, at (800) 444-9404, ext. 6140, (608) 250-6140.  Read the full text of the Act 442.