Detailed Answer
In Wisconsin, special rules govern service of process on minors (individuals under 18) and those under guardianship. These rules ensure due process and compliance with Wis. Stat. §801.11. Below is an overview of how to serve these parties properly.
Serving Minors
Under Wis. Stat. §801.11(4), you may serve a minor in one of the following ways:
- Personal service: Deliver the summons and complaint directly to the minor.
- Service on guardian or parent: If personal service on the minor is impractical, serve the minor’s parent or legal guardian.
- Guardian ad litem: If the minor has no parent or guardian, the court will appoint a guardian ad litem under Wis. Stat. §803.07. Serve the guardian ad litem with the summons and complaint.
Serving Individuals Under Guardianship
When an adult is under a court-appointed guardianship for incapacity, follow these steps:
- Identify the guardian or committee: Guardianships arise under Chapter 54. Verify the appointment by reviewing court records.
- Serve the guardian or committee: Deliver the summons and complaint to the guardian or committee as specified in Wis. Stat. §801.11(4). This constitutes valid service on the incapacitated person.
- Appointment of guardian ad litem: If no guardian or committee exists at the time of service, request that the court appoint a guardian ad litem under Wis. Stat. §803.07. Serve the guardian ad litem once appointed.
When a Guardian or Parent Cannot Be Found
If you cannot locate a minor’s parent or an incapacitated person’s guardian after reasonable effort, the court may authorize alternative service. Under Wis. Stat. §801.11(5), you can petition for service by publication or another court-approved method. Be prepared to show due diligence in attempting personal or guardian service.
Helpful Hints
- Document every attempt: Keep detailed records of service efforts on the minor, guardian, or guardian ad litem.
- Verify guardianship orders: Check circuit court records to confirm the current guardian or committee.
- Use certified mail: When allowed, use certified mail with return receipt to prove delivery.
- Review service timelines: Check Wis. Stat. §801.15 and local rules for deadlines and filing requirements.
- Plan for alternative service: If guardianship status is unclear or guardians cannot be located, file a motion for alternative service early.
Disclaimer
This article provides general information on Wisconsin service of process rules and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.