State v. One 1997 Ford and David Beck, 2003 WI App 128, PFR filed 6/6/03
For Beck: Adam B. Stephens, Alex Flynn
Issue/Holding: Although a party must “show strict compliance with the requirements of” § 801.10(4)(a) when service is challenged, it is not necessary to “submit an affidavit in which the process server specifically states that he or she served the defendant with ‘authenticated’ copies or did so to the best of his or her knowledge.” ¶8. All that is necessary is that the affiant affirm that an authenticated copy of the summons was served, not that the affiant have first-hand knowledge of the authentication. ¶12, citing State v. Boyd, 2000 WI App 208, ¶24, 238 Wis. 2d 693, 618 N.W.2d 251. Service in this case was, therefore, adequately demonstrated on the basis of one affidavit showing that office policy is to prepare only authenticated copies of the summons and complaint; and on another affidavit indicating personal service of these documents. ¶¶5, 13.
