Wisconsin State Court System

  • Circuit Court: The Circuit Courts are the primary trial courts in Wisconsin, and have general jurisdiction over most civil and criminal cases.
  • Court of Appeals:The Court of Appeals is the intermediate appellate court. It hears all cases appealed from the circuit courts.
  • Supreme Court of Wisconsin: The Supreme Court is the highest appellate court in the state of Wisconsin.

*Some of the courts in the Wisconsin Court System also have jurisdiction over other proceedings which are not covered here.

Pleadings

In the beginning stages of a lawsuit legal documents called pleadings are filed. To initiate the lawsuit, the plaintiff files a pleading called a Complaint which sets forth one or more causes of action against the defendant(s) named in the Complaint. After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 20 days from the date of service to file a pleading called an Answer. The Defendant(s)’ Answer will respond to each of the causes of action in the Plaintiff’s Complaint and set forth any defenses, cross claims and/or counter claims the Defendant(s) will raise.

Discovery

After all parties to the lawsuit have filed pleadings, the case then proceeds to Discovery. Essentially, the discovery process is a fact-finding and investigative endeavor in which each party gathers information and evidence from opposing parties and/or non-party witnesses. While the discovery process includes a variety of other mechanisms used to gather information, it will generally consist of the following:

  • Written Discovery is generally used at the start of discovery and comes in two basic forms:

    • Interrogatories – Formal questions and/or requests for information served on one party by an opposing party. The party served with interrogatories must provide written responses to each of the interrogatories or respond with an objection to the interrogatory.
    • Requests for Production of Documents – Often served with a set of interrogatories, requests for production of documents are formal requests for certain documentation relevant to the claims and defenses raised in the pleadings.
  • Depositions – In a deposition, either a party to the lawsuit or a non-party witness will provide oral testimony under oath and in the presence of a court reporter who makes a written record of everything said during the deposition.

Alternative Dispute Resolution

The law in Wisconsin (Wis. Stat. § 802.12) states that a judge may, with or without a motion having been filed, upon determining that an action or proceeding is an appropriate one in which to invoke a settlement alternative, order the parties to select a settlement alternative as a means to attempt settlement.

The parties must then inform the judge of the settlement alternative they agreed upon and the person they selected to provide the settlement alternative. If the parties cannot agree on a settlement alternative, the judge will specify the least costly settlement alternative that the judge believes is likely to bring the parties together in settlement. However, unless all of the parties agree, the judge may not order the parties to attempt settlement through binding arbitration, nonbinding arbitration or summary jury trial.

If the parties are unable to agree on a person to provide the settlement alternative, the judge may appoint any person who the judge believes has the ability and skills necessary to bring the parties together in settlement.

Trial

If the parties have not reached a settlement through mediation or otherwise, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity of the case, a trial can take as little as a single day or as long as several weeks to complete. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages to the plaintiff or the jury will return a verdict for the defendant finding that the defendant was not at fault.

Motions and Appeals

A notice of appeal must be filed within 45 days of the final order being issued.

Recovery

A judgment rendered in Wisconsin is valid for 10 years.

DISCLAIMER:

The law firm of Walker Morgan is located at 135 E Main St., Lexington, SC 29072. All lawyers at Walker Morgan are licensed to practice law in the State of South Carolina. Should you wish to retain our firm for legal representation regarding a potential case in any other jurisdiction we are required to associate local counsel in that foreign jurisdiction and seek permission from a court of the foreign jurisdiction to temporarily engage in the practice of law therein for purposes of pursuing your potential claim only.

By offering the following information the lawyers at Walker Morgan are not offering legal advice or legal guidance. The lawyers at Walker Morgan are not licensed to practice law in Wisconsin. Should you have a question/concern specific to Wisconsin law, please contact an attorney licensed to practice law in the State of Wisconsin.