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Civil Procedure; Notice of claim

By: WISCONSIN LAW JOURNAL STAFF//November 25, 2011//

Civil Procedure; Notice of claim

By: WISCONSIN LAW JOURNAL STAFF//November 25, 2011//

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Civil Procedure
Notice of claim

A notice of claim is properly served on the attorney general if a claimant sends the notice by certified mail addressed to the attorney general at his or her capitol office, Main Street office, or post office box, or any combination of those three addresses, assuming that the notice otherwise complies with sec. 893.82(5).

“[W]e find it difficult to discern any meaningful distinction among notices of claim sent by certified mail to the attorney general depending on whether they are addressed to the capitol office, Main Street office, post office box, or some combination of those addresses. The undisputed facts show that, regardless of which address is used, the mail is handled in the same manner and reaches the attorney general at the same location in the same fashion and time frame, and that location is not the capitol office. As we have indicated, ‘service’ at the physical location of the capitol office is not possible.”

Affirmed. Recommended for publication in the official reports.

2011AP109 Hines v. Resnick

Dist. IV, Dane County, Markson, J., Blanchard, J.

Attorneys: For Appellant: Glinski, John J., Madison; For Respondent: Crain, Shawn R., Milwaukee; End, J. Michael, Milwaukee

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