1,072+ pp.; 8th Ed. 2023-24
2 volumes
Volume I
1. Accepting a Litigation Client
Conflict-of-interest clearance; initial client conference; notice to client not accepted; fee agreements; fee recovery opportunities; fee splitting and referral fees; client trust accounts; substitution of counsel; frivolous claims and defenses
2. Venue, Statutes of Limitation, and Other Initial Considerations
Parties; venue; statutes of limitation; justiciability; lis pendens; notice in actions affecting validity of state statutes
3. Jurisdiction
Subject-matter jurisdiction; personal jurisdiction; in rem and quasi in rem jurisdiction
4. Joinder of Parties and Claims
Joinder of claims and remedies; joinder of parties; third-party practice (impleader); interpleader; intervention; substitution of parties; class actions; class actions for violation of consumer rights
5. Pleadings
General rules of pleading; complaint; answer; counterclaims; cross-claims; jury demand considerations; amendment of pleadings; supplemental pleadings
6. Service of Process
Importance of proper service; summons; manner of service; proof of service; challenge of service; special service requirements
Volume II
7. Provisional Remedies and Declaratory Relief
Temporary restraining orders; temporary injunctions; receiverships; declaratory relief
8. Motion Practice
Law governing motions; noticed motions; ex parte motions; response to motions; hearings; court’s decision; specific motions, including motions for rehearing, to amend or supplement pleadings, to change venue, to substitute or disqualify judge, to substitute parties, for more definite statement, to strike, in limine, related to discovery, for statutory sanctions, and to shorten or enlarge time
9. Termination Without Trial
Voluntary dismissal; involuntary dismissal; motion to dismiss; default judgment; failure to prosecute; judgment on the pleadings; summary judgment
10. Discovery
Objectives and uses; formal discovery; informal discovery; limitations on scope, including privileges and immunities; waiver; judicial supervision and enforcement
11. Dispute Resolution Procedures
Alternative dispute resolution; medical mediation; statutory settlement offers
12. Case Management Procedures
Scheduling order; pretrial conferences; consolidation; severance
Index
The 2023–24 revision includes a number of changes such as:
- A 2023 Wisconsin Supreme Court opinion clarifying the test for determining whether a party has standing to challenge an administrative agency decision
- A 2023 Wisconsin Supreme Court opinion discussing the limits of Wisconsin circuit court subject-matter jurisdiction
- A 2023 U.S. Supreme Court opinion discussing whether a state can require an out-of-state corporation to submit to the general jurisdiction of that state’s courts as a condition of the corporation’s registering to do business in the state
- Recent Wisconsin Court of Appeals decisions discussing class certification orders, compliance with statutory service requirements and personal service on an agency or an agency official, voluntary dismissal of civil forfeiture actions, and whether an incorrect statement in a summons affects a court’s personal jurisdiction over a defendant
In addition, many book section have been revised or supplemented, including sections that address attorney fees, client trust accounts, standing, mootness, form of documents, electronic filing, and more!
State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.
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