Civil litigation can feel like stepping into a complex labyrinth. Whether you're a plaintiff seeking compensation or a defendant defending against a claim, understanding the general process is crucial. This post aims to provide a simplified overview of the typical civil litigation journey in Wisconsin.

What is Civil Litigation?

Civil litigation involves disputes between individuals, organizations, or entities where one party seeks monetary damages or specific performance from another. Unlike criminal cases, which involve violations of criminal law, civil cases deal with private rights and remedies.

The Typical Stages of a Wisconsin Civil Lawsuit:

1. Filing the Complaint:

   • The process begins when the plaintiff (the person or entity bringing the lawsuit) files a complaint with the appropriate Wisconsin circuit court.
   • This complaint outlines the plaintiff's claims, the facts supporting those claims, and the relief sought (e.g., monetary damages).
   • The complaint, along with a summons, is then served on the defendant (the person or entity being sued).

2. Serving the Defendant and the Answer:

   • Proper service of the summons and complaint is essential to ensure the court has jurisdiction over the defendant.
   • The defendant must file an answer within a specific timeframe, typically 20-45 days, depending on the type of service.
   • The answer admits or denies the plaintiff's allegations and may include affirmative defenses.

3. Discovery:

   • This phase involves the exchange of information between the parties.
   • Common discovery tools include:
     • Interrogatories: Written questions served on the opposing party.
     • Depositions: Oral examinations of witnesses under oath.
     • Requests for Production of Documents: Requests for relevant documents.
     • Requests for Admissions: Requests for the opposing party to admit or deny certain facts.
   • The purpose of discovery is to gather evidence, assess the strengths and weaknesses of each party's case, and promote settlement.

4. Motions and Pre-Trial Proceedings:

   • During this phase, parties may file various motions with the court, such as:
     • Motion for Summary Judgment: A request for the court to rule in favor of a party based on the evidence presented.
     • Motions to Compel Discovery: A request to force the opposing party to comply with discovery requests.
   • Pre-trial conferences are held to discuss settlement possibilities, narrow the issues for trial, and establish a trial schedule.

5. Trial:

   • If the case does not settle, it proceeds to trial.
   • Trials can be jury trials or bench trials (where the judge acts as the fact-finder).
   • Both parties present evidence, including witness testimony and documentary evidence.
   • The judge or jury renders a verdict.

6. Judgment and Post-Trial Motions:

   • After the trial, the court enters a judgment reflecting the verdict.
   • The losing party may file post-trial motions, such as a motion for a new trial or a motion to alter the judgment.

7. Appeals:

   • If a party believes the court made an error, they may appeal the judgment to the Wisconsin Court of Appeals or, in some instances, the Wisconsin Supreme Court.
   • Appeals are based on legal errors, not factual disputes.

Important Considerations:

• Statute of Limitations: Each type of civil claim has a specific time limit within which a lawsuit must be filed. Failure to comply with the statute of limitations can result in the claim being barred.
• Jurisdiction and Venue: It is important to file the lawsuit in the correct court with proper jurisdiction and venue.
• Legal Representation: Civil litigation can be complex, and it is highly recommended to seek legal counsel from an experienced Wisconsin attorney.

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