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810.02 Order directing return of property.

810.02

810.02 Order directing return of property. An order directing the return of property to the plaintiff at any time before final judgment in a replevin action shall be issued only by a judge or other judicial officer on the affidavit of the plaintiff made after summons is issued. The affidavit or verified complaint shall set forth specific factual allegations to show the following:

810.02(1)

(1) That the plaintiff is entitled to the possession of the property claimed, particularly describing it;

810.02(2)

(2) That the property is wrongfully detained by the defendant;

810.02(3)

(3) The alleged cause of detention according to the plaintiff's best knowledge, information and belief;

810.02(4)

(4) That the property has not been taken for a tax, assessment or fine or seized under any execution or attachment against the property of the plaintiff, or that if so seized that it is exempt from the seizure;

810.02(5)

(5) The value of the property; and

810.02(6)

(6) The location of the property claimed by the plaintiff with sufficient specific factual allegations for the judge or judicial officer to determine that there is reason to believe that the property is in the location described or in the possession of the defendant or any person acting on behalf of, subject to or in concert with the defendant.

810.02 - ANNOT.

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.02; 1977 c. 308; 1993 a. 486.