Wisconsin Statutes
Wis. Stat. § 938.28 (2026)
Failure to obey summons; capias
✓ current as of July 2026
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938.28938.28 Failure to obey summons; capias. If any person summoned under this chapter fails without reasonable cause to appear, he or she may be proceeded against for contempt of court under ch. 785. If the summons cannot be served, if the parties served fail to respond to the summons, or if it appears to the court that the service will be ineffectual, a capias may be issued for the parent, guardian, and legal custodian or for the juvenile. Subchapter IV governs the taking and holding of a juvenile in custody.
938.28 AnnotationThe issuance of a capias to secure the physical attendance of a juvenile prior to the service of the summons and petition on the juvenile was error but did not deny the court personal jurisdiction. Interest of Jermaine T.J., 181 Wis. 2d 82, 510 N.W.2d 735 (Ct. App. 1993).
938.28 NoteNOTE: The above annotation cites to s. 48.28, the predecessor statute to s. 938.28.
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: State v. Aufderhaar, 2005 WI 108 (Wis. 2005).
State v. Aufderhaar, 2005 WI 108 (Wis. 2005). “The juvenile court did none of these things, but rather, it ordered a capias under Wis. Stat. § 938.28 . This was insufficient to cause personal jurisdiction to attach.”
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