Assembly Committee Passes Bills Changing Certain Notice of Claim, Pleading Procedures

The Assembly Committee on Judiciary has passed two bills that would make changes to Wisconsin procedures for service of certain documents. The bills, authored by Rep. Ron Tusler (R-Harrison), Sen. Fred Risser (D-Madison), and Sen. Duey Stroebel (R-Saukville), passed the committee unanimously and are now available for scheduling on the Assembly floor.

AB 58 would allow personal service of a notice of claim against a state, officer, employee, or agent. Current law (Wis. Stat. ยง 893.82(5)) requires notice of claim by certified mail in order to bring such an action. The bill comes after the 2016 Wisconsin Supreme Court decision Sorenson v. Batchelder, which held that a plaintiff who had delivered a notice of claim to the attorney general via personal service did not strictly comply with the law, thus invalidating the claim.

AB 59 would allow certain pleadings and other papers to be served by e-mail, if the attorney has consented in writing to accept service by e-mail. The bill does not allow service by e-mail for initial pleadings. According to bill author Tusler, numerous states, including Michigan and Illinois, already allow for service by email.

In the Senate, companion bills SB 62 and SB 63 are both in the Committee on Insurance, Financial Services, Government Oversight & Courts. Neither bill has received a public hearing or vote.

Wisconsin Defense Counsel is continuing to monitor the bills as they move through the legislature.