Service Requirements

Listen to this article

WI Court of Appeals – District I

Case Name: Elliot Kouri v. Party Sealed by Judge Swanson-11

Case No.: 2023AP001204

Officials: Colón, J.

Focus: Service Requirements

Elliot Kouri appeals from a judgment entered against him in this landlord-tenant dispute in the amount of $5,835.21 in damages and $5,900 in attorney fees. The court commissioner assigned to this case reviewed the evidence and issued an oral decision in favor of Tenant.2 Kouri filed a demand for a trial before the circuit court. The circuit court denied Kouri’s demand for trial because it concluded that Kouri failed to mail Tenant’s attorney his demand, as required by WIS. STAT. § 799.207(3)(c). On appeal, Kouri argues that his demand for trial should not have been denied because Tenant’s attorney was notified via the Wisconsin electronic filing system.

On appeal, the court examined whether the electronic notification to the tenant’s attorney could be considered proper service under the statute. The appeals court found that the circuit court erred in its interpretation. It highlighted that while § 799.207(3)(c) does require mailing to the parties, it does not explicitly address the service on a party’s attorney. Furthermore, the court reasoned that the electronic filing system, designed to integrate documents into the court system and serve them electronically, should be applicable to the demand for trial. Given the purpose of the electronic filing system and its allowance for electronic service of documents not requiring personal service, the court concluded that notifying the tenant’s attorney through the electronic system satisfied the service requirements.

Reversed and remanded.

Decided 04/02/24

Full Text