Authenticated Unsigned Copy of Summons Sufficient
The plaintiffs’ attorney filed a signed copy of a summons and complaint with the circuit court to commence the action, and at the same time had several unsigned copies of the summons and complaint authenticated by the circuit court. One of those unsigned copies was then served upon the defendant. The defendant moved for dismissal, arguing that service of an unsigned, but authenticated, summons and complaint was a fundamental defect that deprived the circuit court of jurisdiction. The plaintiffs asserted that the defect was merely technical, as a signed copy had been filed with the court and the unsigned authenticated copy served upon the defendant gave the defendant appropriate notice of the claim. The circuit court denied the defendant’s motion, and the defendant sought an interlocutory appeal with the court of appeals.
The court of appeals affirmed, holding that service of an unsigned authenticated copy of the summons and complaint upon the defendant is valid service, if the copy of the summons and complaint on file with the court is signed. The court noted that the purpose of authentication - to notify a defendant that a real lawsuit is pending against it - is satisfied in such a situation.
Mahoney v. Menard, Inc., 2011 WI App 128 (2010AP1637) Court of Appeals opinion
