Wisconsin Civil Procedure Flashcards
Long Arm Laundry List
Any of the following that occur in Wisconsin:
- Act or omission
- Injury
- Contract for goods or services
- deficiency judgment on foreclosure of WI property
- Local Property
- Director or Officer of WI Corporation
- Insurance if insured was resident or event occurred
- Marital Actions
Courts of General Jurisdiction
Circuit Courts
Transfer of Venue
Procedural Differences:
1) Motions to change venue are heard on affidavits
2) Oral argument of the motion is by telephone
Service of Process Requirements
Summons must: title, court, case classification and code number. Tell timely filing
Document: authenticated and signed copy of S+C served to D
Manner: depends on type of person
Natural Person w/out disability
1) Personal service: preferred- handing documents directly
2) Substituted service: after reasonable diligence by either residence- must be usual place of abode 14 years old or adult residing
3) Pursuant to law of the state where service is made
4) Publication: if neither personal or substituted can be accomplished- limited circumstances must publish and mail
Natural w/Disability
- Same as without disability but also need to serve the guardian or parent
Corporations
1) Personal service: with officer or agent or leaving in office with someone
2) Publication: if not able to personally serve- publish +mail
3) Partners: serve each general partner individually otherwise not liable
In Rem
- If known: service as above
- If Unknown: publication is allowed
Complaint Requirements
- Federal: statement of SMJ, statement of claim and demand for relief
- WI: do not need SMJ
- WI: statement of claim: short and plain statement of claim identifying the transaction or occurrence and demand for relief (do not specify amount)
- WI: must plead fraud and mistake and libel and slander be pleaded with particularity, must put words that are libel in complaint
Answer to Complaint
- Timing: WI must respond within 20 days after service or 45 days if action against 1) state or agencies 2) insurance co, or 3) claims in tort
- Pre-answer Motions:
If pre-answer is denied the answer is due 10 days after the ruling
Amendments
Fed: 21 days
WI: 6 months
- Relation back: WI allow actions against an unknown defendant- plaintiff may use fictitious name and description but real defendant must be served within 90 days of filing fictitious name
Signature Requirement
certifies: 1) conducted reasonable inquiry, 2) doc is not improper purpose, 3) nonfrivolous and 4) factual contentions have evidentiary support
Change of Judge
- Allows one preemptory challenge to the trial judge, must:
1) Request to clerk of court
2) Timing: before preliminary contested matters and no later than 60 days after S+C
3) New judge: if a new judge is provided without request, must request within 10 days
4) Only one request per action
Impleader
Right to implead for 6 months
Discovery Meeting
Not required in WI
Required Disclosures
- Required Disclosures: WI does not require parties to make required disclosed like the federal rules
- Exceptions: required production of agreement for contingent third party compensation: any agreement that give anyone other than atty on contingency a right to compensation contingent on claim
- Must request insurance liability if you want it
ESI
- Additional regulation, parties may not request unless:
1) parties must have conference about ESI
2) Conference must address:
when the discovery should be completed; whether it will be conducted in phases;
preservation of ESI pending discovery; the form(s) in which the ESI will be produced;
the method for asserting or preserving privilege and work product protection and the extent to which such claims may be asserted after production;
the cost of proposed discovery; and
the utility of appointing a referee to supervise discovery of ESI. - Absent conferring any party may move the court for relief
- Specific limitation of ESI: absent substantial need and good cause not required to provide discovery of the following:
Data that cannot be retrieved without substantial reprogramming or without transforming it into another form before search and retrieval can be obtained
Backup data that are substantially duplicative of data that are more accessible elsewhere
Legacy data remaining from obsolete systems that are unintelligible on successor systems
Any other data that are not available to the producing party in the ordinary course of business and that the party identifies as not reasonably accessible because of undue burden or cost
Depositions
Use of a deposition is permitted at trial under the following circumstances: (1) to impeach the deponent; (2) for any purpose if the deponent is an adverse party*WI only; (3) for any purpose if the deponent (regardless of whether a party) is unavailable for trial (that it, the witness is dead, more than 100 miles from the court, or is unable to testify due to age, illness, etc.); or (4) for any purpose if the deponent is a medical expert.
Medical Exam
copy must be given to patient without medical record limitation