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Civil Procedure — service

By: WISCONSIN LAW JOURNAL STAFF//September 11, 2014//

Civil Procedure — service

By: WISCONSIN LAW JOURNAL STAFF//September 11, 2014//

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Wisconsin Court of Appeals

Civil

Civil Procedure — service

Section 990.001(4)(c) applies to service on a government entity, regardless whether service can be accomplished in person, by mail, or by some other means.

“The School District points out that ‘service upon’ is not further defined and, in particular, is not limited to service that must be accomplished in person at a government entity office. And, DPI does not dispute that the last day for the School District to accomplish ‘service upon’ DPI fell on a Saturday and that DPI had no official office hours that day. Thus, we agree with the School District that the statute as applied here plainly extends the last day for ‘service upon’ DPI to the next business day, regardless whether such service can be accomplished on the Saturday in question. The same holds true for any other act listed in the statute. For example, if the last day to make a payment to a government entity fell on a Saturday, and the government entity had no official office hours on that Saturday, the last day for payment would be extended to the next business day.”

Reversed and Remanded.

Recommended for publication in the official reports.

2014AP394 Madison Metropolitan School District v. Evers

Dist. IV, Dane County, Colas, J., Lundsten, J.

Attorneys: For Appellant: Bell, Matthew William, Madison; For Respondent: Gibson, Charlotte, Madison

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