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Understanding Summary Judgment in Wisconsin: A Comprehensive Guide

Posted by Nathan DeLadurantey | Aug 21, 2023

In the realm of civil litigation, the process of summary judgment plays a crucial role in streamlining the judicial system and ensuring that cases proceed efficiently. Summary judgment allows for the resolution of cases without the need for a full trial when there is no genuine dispute of material facts. In the state of Wisconsin, this legal mechanism serves as an essential tool for both plaintiffs and defendants to seek prompt resolution of their disputes. In this article, we will delve into how summary judgment works in Wisconsin and its significance in the legal landscape.

The Concept of Summary Judgment

Summary judgment is a legal procedure designed to dispose of cases where there is no real dispute over the essential facts of the case. It allows a judge to make a determination on the merits of a case before it goes to trial, saving time, resources, and judicial effort. This procedure is available in both federal and state courts, including those in Wisconsin.

Legal Standard for Summary Judgment

In Wisconsin, the legal standard for granting summary judgment is governed by Wisconsin Statute § 802.08. The statute sets forth the criteria that must be met for a party to be entitled to summary judgment:

  1. No Genuine Issue of Material Fact: The moving party (the party seeking summary judgment) must demonstrate that there is no genuine issue of material fact in dispute. In other words, the facts of the case must be so clear that there is no reasonable difference of opinion.

  2. Legal Entitlement: The moving party must show that they are entitled to judgment as a matter of law. This means that even if all the facts are viewed in the light most favorable to the non-moving party, the moving party would still prevail under the applicable law.

  3. Burden of Proof: The burden of proving that summary judgment is appropriate lies with the moving party. They need to provide evidence and legal arguments that establish their right to judgment without the need for a trial.

Procedure for Seeking Summary Judgment

  1. Filing the Motion: The party seeking summary judgment (usually either the plaintiff or the defendant) files a motion with the court. The motion should outline the legal basis for seeking summary judgment and present the relevant facts and evidence.

  2. Opposing the Motion: The opposing party has the opportunity to respond to the motion by presenting counterarguments and evidence. They must show that there are genuine issues of material fact that warrant a trial.

  3. Reply and Oral Arguments: After the opposing party responds, the moving party may submit a reply. The court may also hold oral arguments to allow both parties to present their case.

  4. Court's Decision: The court then reviews the motion, the responses, and the evidence presented. If the court determines that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law, it will grant summary judgment.

Benefits and Implications

Summary judgment offers several benefits to the parties involved in a lawsuit. It expedites the legal process, reduces costs, and relieves court congestion. Moreover, it allows parties to avoid the uncertainties and risks associated with a full trial.

However, it's important to note that summary judgment is not appropriate for all cases. It is generally suitable for cases where the facts are straightforward and there is a clear legal issue. In cases involving complex facts or conflicting evidence, a trial might be necessary to ensure a fair resolution.


Summary judgment is a fundamental legal tool that facilitates the efficient resolution of legal disputes in Wisconsin. By allowing judges to decide cases without the need for a full trial, summary judgment contributes to a more streamlined and accessible justice system. However, its application depends on the absence of genuine issues of material fact and the presence of a clear entitlement to judgment as a matter of law. As with any legal procedure, seeking the guidance of experienced legal professionals is crucial to navigate the complexities of summary judgment effectively.

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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