Wisconsin Civil Procedure Flashcards
Long-Arm Statute
Wisconsin courts may exercise general personal jurisdiction over a nonresident defendant when that defendant takes up a local presence or status within the state by engaging in substantial and not isolated activities within the state. The following five factors are considered to determine whether activities are substantial and not isolated: (i) the quantity of the contacts; (ii) the nature and quality of the contacts; (iii) the source of the contacts and the contacts’ connection with the cause of action; (iv) the State’s interests; and (v) the convenience to the parties. If the long-arm statute has been complied with, there is a presumption that the due process requirements have been satisfied. However, the defendant may rebut the presumption by showing that, despite compliance with the long-arm statute, there are insignificant contacts with Wisconsin. A court has personal jurisdiction in any action which relates to goods, documents of title, or other things of value shipped from this state by the plaintiff to the defendant on the defendant’s order or direction.
What factors will the court consider to determine whether actives are substantial to establish PJ?
1) The quantity of the contacts;
2) The nature and quality of the contacts;
3) The source of the contacts and the contacts’ connection with the cause of action;
4) The State’s interests;
5) Convenience to the parties
Where is venue proper?
Venue is proper: (i) in the county where the claim arose; (ii) in the county where the real or personal property that is the subject of the claim is located; (iii) in the county where a defendant resides or does substantial business; or (iv) if none of the aforementioned apply, then in any county designated by the plaintiff. In addition, the court may generally at any time, upon its own motion, a party’s motion, or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses.
What are the requirements for service of process on an individual?
An authenticated copy of the summons and complaint must be served by an (i) adult; (ii) who is a resident of the state where service is made; and (iii) who is not a party to the action.
If, with reasonable diligence, the defendant cannot be personally served, Wisconsin also permits the summons to be served by publication and mailing. Finally, the plaintiff must serve the summons and complaint within 90 days after filing the complaint.
What are the requirements for service of process on a corporation?
Service on a corporation or may be made by: (i) personally serving the summons on an officer, director, or managing agent either within or outside the state; or (ii) leaving a copy of the summons at the office of the officer, director, or managing agent with the person who is apparently in charge of the office.
If, with reasonable diligence, the defendant cannot be personally served, Wisconsin also permits the summons to be served by publication and mailing. Finally, the plaintiff must serve the summons and complaint within 90 days after filing the complaint.
How long does a defendant have to serve an answer?
A defendant must serve an answer within 20 days after being served with the complaint. However, if the cause of action raised in the original pleading is based in tort, the time to serve an answer is 45 days.
What must a court do before entering a default judgment?
1) A motion to strike the late answer
2) Consider whether the defendant’s untimely filing resulted in prejudice
When may a party amend a pleading?
A party may amend a pleading once as of right at any time within six months after the summons and complaint are filed or within the time set in a scheduling order entered by the court. Otherwise, a party may amend the pleading only by leave of court or by written consent of the adverse party. The court should freely give leave to amend at any stage of the action when justice so requires
When may a party seek the discovery of ESI?
No party may seek the discovery of electronically stored information in Wisconsin until after the parties confer regarding the following: (i) the subjects and timing of discovery; (ii) preservation of the information pending discovery; (iii) the form in which it will be produced; (iv) claims of privilege or protection of trial-preparation materials; and (v) the cost and limits to be put on it.
What happens when a party fails to provide ESI?
If a party fails to provide the electronically stored information, the other party may file a motion to compel. Absent exceptional circumstances, a court may not impose sanctions on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.
How long does a party have to join a suit?
In Wisconsin, on motion of any party, parties may be added at any stage of the action on terms that are just.
Counterclaims
In Wisconsin, generally, counterclaims are permissive. However, the courts have carved out a narrow exception by adopting the common-law compulsory counterclaim rule, which bars related claims from being raised in a subsequent action when a party has failed to raise the counterclaim in a prior action. This rule applies when all the elements of claim preclusion are present and a favorable verdict to the plaintiff in the second suit would undermine the judgment in the first suit or impair legal rights established in that first suit.
