Signed Into Law: Bills on Notice of Claim, Pleading Procedures

On Nov. 20, Gov. Tony Evers signed into law two bills making changes to Wisconsin procedures for service of certain documents. The bipartisan bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Legislature earlier in November.

  • AB 58 allows personal service of a notice of claim against a state, officer, employee, or agent. Previously, Wis. Stat. § 893.82(5) required notice of claim by certified mail in order to bring such an action. AB 58 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 58, a fix to that case, was signed into law as 2019 Act 29.
  • AB 59 allows 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. AB 59 was signed into law as 2019 Act 30.