Court Error Service of Process.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: State of Wisconsin ex. Rel. Michael J. Vieth v. John Tate II

Case No.: 2018AP1525

Officials: Fitzpatrick, P.J., Kloppenburg and Nashold, JJ.

Focus: Court Error Service of Process

Michael J. Vieth filed a petition in the circuit court for writ of certiorari, along with a proposed writ, challenging action taken by Wisconsin Parole Chairperson Daniel J. Gabler. On the same date of Vieth's filing, the court electronically signed the proposed writ, and the clerk electronically filed the signed writ (referred to in this opinion as the writ). The court subsequently granted Gabler's motion to quash the writ because Vieth failed timely to personally serve Gabler with the writ. On appeal, Vieth argues that the court erred for a number of reasons, all related to Gabler's attorney filing a notice of appearance and registering to use the circuit court electronic filing system (referred to as "registering as a user" in this opinion consistent with the applicable statute) after the writ had been filed. Briefly stated, Vieth argues that, when Gabler's attorney filed the notice of appearance and registered as a user, Gabler consented to accept electronic service of the writ that had been filed, relieving Vieth of the obligation to personally serve Gabler with the writ. Vieth also argues that the electronic service was timely, thereby triggering Gabler's obligation to comply with...