Wisconsin Statutes
Wis. Stat. § 799.206 (2026)
Return date proceedings before court commissioner
✓ current as of July 2026
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799.206(1)(1) In counties establishing a circuit court commissioner position under s. 757.68 (5m), all actions and proceedings commenced under this chapter shall be returnable before a circuit court commissioner appointed under s. 757.68 (1) and SCR chapter 75. In any other county, a circuit court commissioner may conduct return date proceedings if delegated such authority under s. 757.69 (1) (d).
799.206(2)(2) Judgment on failure to appear may be entered by the circuit court commissioner or the clerk upon the return date as provided in s. 799.22.
799.206(3)(3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party raises valid legal grounds for a contest, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.
799.206(4)(4) Except as provided in sub. (3), the circuit court commissioner shall hear all matters using the procedures set forth in s. 799.207.
799.206 HistoryHistory: 1977 c. 345; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.206; 1987 a. 208; 2001 a. 61; 2013 a. 76; 2017 a. 317.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1986–2024 · leading case: Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986).
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). “Section 799.206(1), Stats., states: Populous counties; court commissioner.”
TE V LLC v. Santana Collins (Wis. Ct. App. 2020). “Rather, Collins contends that “the statutes require ten days within which a defendant may seek de novo review, before the court commissioner’s decision becomes a judgment,” otherwise the statues would violate due process as they would deny eviction defendants equal protection.”
Frank T. Whitehead v. Indianhead Food Distrib. (Wis. Ct. App. 2020). “§ 799.206 (providing the same for a circuit court commissioner).”
Forsythe Fin., LLC v. Jerome J. Casimir (Wis. Ct. App. 2024). “§§ 799.206(2), 799.22(2). 4 The judgment also included attorney fees and other costs.”
Dennis Braun v. Michael Braun (Wis. Ct. App. 2024). “§ 799.206(3) does, in fact, provide another procedure and timeline for hearings in eviction actions: When all parties appear in person or by their attorneys on the return date in an eviction, … and any party raises valid legal grounds for a contest, the matter shall be forthwith…”
— Wis. Stat. § 799.206(1) — 1 case
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). “Section 799.206(1), Stats., states: Populous counties; court commissioner.”
— Wis. Stat. § 799.206(2) — 2 cases
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). “Section 799.206(1), Stats., states: Populous counties; court commissioner.”
Forsythe Fin., LLC v. Jerome J. Casimir (Wis. Ct. App. 2024). “§§ 799.206(2), 799.22(2). 4 The judgment also included attorney fees and other costs.”
— Wis. Stat. § 799.206(3) — 2 cases
TE V LLC v. Santana Collins (Wis. Ct. App. 2020). “Rather, Collins contends that “the statutes require ten days within which a defendant may seek de novo review, before the court commissioner’s decision becomes a judgment,” otherwise the statues would violate due process as they would deny eviction defendants equal protection.”
Dennis Braun v. Michael Braun (Wis. Ct. App. 2024). “§ 799.206(3) does, in fact, provide another procedure and timeline for hearings in eviction actions: When all parties appear in person or by their attorneys on the return date in an eviction, … and any party raises valid legal grounds for a contest, the matter shall be forthwith…”
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