Mailed service.

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891.46 Mailed service. Unless otherwise specifically provided by statute or rule adopted under s. 751.12, summonses, citations, notices, motions and other papers required or authorized to be served by mail in judicial or administrative proceedings are presumed to be served when deposited in the U.S. mail with properly affixed evidence of prepaid postage.

History: Sup. Ct. Order, No. 95-10, 195 Wis. 2d xv (1996).

Judicial Council Note, 1995:  The purpose of this statute is to overrule the statement in Boeck v. State Highway Commission, 36 Wis. 2d 440, 444, 153 N.W.2d 610, 612 (1967), that “as a general rule in the absence of the statutory provision, ... service of notice would not become effective until the party received it." The creation of this rule does not affect the presumptions and shifting of burdens of mailing articulated in State ex rel. Flores v. State, 183 Wis. 2d 587, 516 N.W.2d 362 (1994).


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