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Filing an Answer in Wisconsin State Court: A Step-by-Step Guide

Posted by Nathan DeLadurantey | Feb 09, 2024

Being served with a lawsuit can be a stressful experience, but responding promptly and appropriately is crucial to protecting your rights in a legal dispute. If you've been served with a complaint in Wisconsin state court, filing an answer is your opportunity to respond to the allegations against you. In this blog post, we'll provide a step-by-step guide on how to file an answer in Wisconsin state court.

1. Understand the Deadline

Upon being served with a complaint, you have a limited amount of time to file an answer with the court. In Wisconsin, the deadline for filing an answer is typically 20 days after being served with the complaint. It's essential to note this deadline and ensure that your answer is filed with the court before it expires to avoid default judgment against you.

2. Review the Complaint

Before drafting your answer, carefully review the complaint filed by the plaintiff. The complaint outlines the allegations against you and the relief sought by the plaintiff. Understanding the claims made against you will help you craft a thorough and appropriate response in your answer.

3. Draft Your Answer

When drafting your answer, you'll need to respond to each allegation in the complaint individually. You can admit, deny, or state that you lack sufficient knowledge to admit or deny each allegation. Be sure to respond truthfully and accurately, as your answers become part of the official court record.

4. Affirmative Defenses

In addition to responding to the allegations in the complaint, you may also assert affirmative defenses in your answer. Affirmative defenses are legal arguments that, if proven, would negate or excuse your liability for the claims made against you. Common affirmative defenses include statute of limitations, lack of jurisdiction, and failure to state a claim upon which relief can be granted.

5. Format Your Answer

Your answer should be formatted in accordance with the rules of the Wisconsin state court where the case is pending. Typically, answers are typed, double-spaced, and include a caption identifying the court, the parties involved, and the case number. Be sure to follow any local rules or guidelines regarding formatting requirements.

6. File Your Answer with the Court

Once you've drafted your answer, make copies for your records and for the plaintiff. File the original answer with the clerk of the court where the lawsuit was filed. 

Conclusion

Filing an answer in Wisconsin state court is a critical step in defending yourself against a lawsuit. By understanding the deadline for filing, reviewing the complaint, drafting a thorough answer, asserting affirmative defenses as necessary, formatting your answer correctly, filing with the court, and serving the plaintiff, you can ensure that your response is properly submitted and that your rights are protected throughout the legal process. If you have questions or need assistance with filing an answer, consider consulting with an experienced attorney who can provide guidance tailored to your specific situation.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

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