1014+ pp.; 5th ed. 2014-15
Work effectively with step-by-step procedures
Procedure is the backbone of the civil litigation process. The best arguments and most compelling evidence are of little use to clients whose lawyers fail to follow proper civil procedure. Wisconsin Civil Procedure Before Trial provides the map lawyers need to successfully navigate the complex rules found throughout the Wisconsin Statutes and case law, including the local rules of each jurisdiction.
Not just theory, but practical guidance
Wisconsin Civil Procedure Before Trial will help you litigate your cases more effectively by walking you chronologically through the topics that typically arise during litigation. You’ll gain additional understanding with Civil Procedure’s nuts-and-bolts approach to complex issues and topics, which includes helpful checklists and practice pointers.
Invaluable for veteran and novice alike
Experienced attorneys will appreciate the thorough information contained in Wisconsin Civil Procedure Before Trial, which combines clear and concise statements of the law with important practice pointers. Attorneys new to civil litigation practice will find the information, guidance, and practical insights invaluable for staying on track.
New in the fifth edition!
The fifth edition of Wisconsin Civil Procedure Before Trial completely replaces the fourth edition of the book, incorporating legal developments since publication of the 2013–14 supplement.
The many updates discuss federal and state court interpretation, application, and clarification of matters relating to the following topics:
- Limited-scope representation
- Frivolous claims
- Electronic filing and sensitive personal data in court documents
- Jurisdiction (diversity, personal, and tribal)
Specific updates include the following:
- The proper role of a court in arbitration proceedings
- A significant legal change regarding judgment creditors
- A comparison of pleading requirements under state and federal law
- The ministerial duty when an emergency vehicle proceeds through a red light
Summary of contents
- Accepting a Litigation Client
Conflict-of-interest clearance; initial client conference; notice to client not accepted; fee agreements; fee recovery opportunities; fee splitting; client trust accounts; substitution of counsel; frivolous claims and defenses
- Venue, Statutes of Limitation, and Other Initial Considerations
Parties; venue; statutes of limitation; justiciability; lis pendens
Wisconsin and federal subject matter jurisdiction; personal jurisdiction; in rem/quasi in rem jurisdiction
- Joinder of Parties and Claims
Joinder of claims and remedies; real party in interest; mandatory and permissive joinder of parties; third-party practice (impleader); interpleader; intervention; substitution of parties; class actions
General rules of pleading; complaint; answer; counterclaim; cross-claim; jury demand; amendment and supplementation of pleadings
- Service of Process
Summons; personal and by publication; service by mail; proof of service; challenge of service; special service requirements
- Provisional Remedies and Declaratory Relief
Temporary restraining orders and temporary injunctions; receiverships; declaratory relief
- Motion Practice
Noticed and ex parte motions; response to motions; hearings; court's decision; motions for rehearing or reconsideration; specific motions (amend/supplement pleadings; change venue; substitute/disqualify judge; more definite statement; strike; motion in limine)
- Termination Without Trial
Voluntary and involuntary dismissal; motion to dismiss; default judgment; failure to prosecute; judgment on the pleadings; summary judgment
Objectives and uses; formal discovery; informal discovery; privileges and immunities; waiver; enforcement
- Dispute Resolution Procedures
Alternative dispute resolution; medical mediation; statutory settlement offers
- Case Management Procedures
Scheduling order; pretrial conferences; consolidation; severance
- Table of Cases
- Table of Statutes, Regulations, and Rules Index
Comprehensive and convenient
Be more effective and efficient in preparing your cases with Wisconsin Civil Procedure Before Trial.