BROWN, C.J.
¶ 1 Menard, Inc. and Zurich American Insurance Company appeal the denial of their motion to dismiss Blaise and Karen Mahoney's complaint against them. The motion was based on the fact that the complaint served on Menards
¶ 3 WISCONSIN STAT. § 801.02 (2009-10)
Sec. 801.02(1) (emphasis added). As to the summons and complaint, WIS. STAT. § 802.05(1) deals with subscription requirements:
It is undisputed that (1) the copy of the summons and complaint served on Menards was authenticated, (2) the original summons and complaint on file with the court was signed, and (3) the copy of the summons and complaint served on Menards was not signed.
¶ 4 This case then hinges on whether the service of an unsigned but authenticated copy of a summons and complaint is a technical or fundamental defect when the original on file with the court is signed.
¶ 5 Menards correctly points out that our supreme court has found fundamental defects when an unauthenticated copy of a summons and complaint was served on
¶ 6 Whether a defect is fundamental or technical is a question of law that we review de novo, and the burden is on the party alleged to have served the defective pleading (Mahoney in this case). See Rabideau v. Stiller, 2006 WI App 155, ¶¶ 8-9, 295 Wis.2d 417, 720 N.W.2d 108. "Wisconsin courts have consistently looked to the purpose of the statute when interpreting whether fundamental or technical defects exist under statutes prescribing the manner of service." Bendimez v. Neidermire, 222 Wis.2d 356, 362, 588 N.W.2d 55 (Ct.App. 1998) (citations omitted). "[W]hen a pleading that contains a defect nevertheless comports with the purpose and nature of a statute, the defect is generally technical." Schaefer, 250 Wis.2d 494, ¶ 29, 639 N.W.2d 715.
¶ 7 Thus, the issue in this case is one of statutory interpretation, which "begins with the language of the statute." See State ex rel. Kalal v. Circuit Court, 2004 WI 58, ¶ 45, 271 Wis.2d 633, 681 N.W.2d 110 (citation omitted). If the meaning is plain, we ordinarily stop the inquiry. Id. The context in which a statute appears is relevant to its plain meaning, as is prior case law interpreting the statute. Berkos v. Shipwreck Bay Condo. Ass'n, 2008 WI App 122, ¶ 8, 313 Wis.2d 609, 758 N.W.2d 215.
¶ 8 The supreme court has stated that the purpose of WIS. STAT. § 802.05 is to "place a professional obligation on the attorney as an officer of the court to satisfy himself [or herself] that there are grounds for the action." Schaefer, 250 Wis.2d 494, ¶ 29, 639 N.W.2d 715 (citations omitted). Likewise, § 802.05(2) states:
(Emphasis added.) So, the emphasis of the § 802.05(1) requirements seems to be on the pleading that is filed with the court, rather than a copy that is served on a party.
¶ 9 The supreme court's holding in Gaddis v. LaCrosse Prods., Inc., 198 Wis.2d 396, 542 N.W.2d 454 (1996), is instructive. In Gaddis, the supreme court found a technical defect when an unsigned summons was filed with the court and served on the defendant with a signed complaint. Id. at 399, 542 N.W.2d 454. The Gaddis court emphasized that when the complaint was signed, the purpose of WIS. STAT. § 802.05 was fulfilled even without a signed summons on file with the court. Gaddis, 198 Wis.2d at 399, 405, 542 N.W.2d 454. The case is significant because it shows the court's willingness to apply the technical defect analysis to some
¶ 10 WISCONSIN STAT. § 801.02 requires that the summons and complaint served on defendants be authenticated, but says nothing about whether a signature is a condition of proper authentication. Despite the statute's silence, Menards essentially argues that its copy must be an exact copy in order for the authentication to be valid. This argument requires us to examine the supreme court's holdings regarding authentication.
¶ 11 From reading the case law of our supreme court, the American Family court explained that the purpose of authentication is two-fold: first, to give assurance by the clerk that copies served are true copies of filed documents and, second, to provide the case number for future reference. American Family, 167 Wis.2d at 530, 481 N.W.2d 629. At first blush, one could read the case to stand for the proposition Menards aspires to—that the copy must be an exact replica of the original for authentication to be any good. But American Family goes on to distinguish between cases where there is a technical defect based on a clerk's clerical error, such as failing to stamp a complaint with the proper case number, and cases where there is a fundamental defect based on the complainant serving a copy of the complaint that is not authenticated (i.e. not presenting the clerk with the opportunity to authenticate the document). Id. at 533-34, 481 N.W.2d 629. So we cannot interpret it to say that every failure to meet the stated purpose of authentication constitutes a fundamental defect. We think Mech v. Borowski, 116 Wis.2d 683, 686-87, 342 N.W.2d 759 (Ct.App. 1983), distills the essence of the WIS. STAT. § 801.02(1) authentication requirement—authentication tells a defendant first and foremost that a complaint is on file with the court, so the lawsuit is real. See id. (service of complaint before filing with the court was a fundamental defect in part because failure to file the lawsuit with the court first could lead to lawsuits that are not a matter of public record, which § 801.02(4) was meant to abolish).
¶ 12 Obviously, the copy of the summons and complaint received by Menards was not identical to the one filed in that it was missing signatures, so the clerk erred by authenticating the unsigned copy, and the attorney erred by failing to sign it. However, Menards has not alleged that its copy differed in any substantive way from the original. So, it is obvious to us that the copy of the summons and complaint Menards received gave it notice that the allegations contained within it were on file with the court. As we already explained, the purpose of the signature requirement was fulfilled in the signed complaint on file with the court. We cannot see how the purpose of the authentication requirement
Order affirmed.