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Wisconsin Civil Procedure Before Trial

Product ID: AE0166_SUB
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-605-2

Part of the Books Unbound Library Collection: Civil Litigation

Work effectively with step-by-step procedures

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.

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Part of the Books Unbound Library Collection: Civil Litigation

Work effectively with step-by-step procedures

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.

Read More ↓

1,254+ pp.; 7th ed. 2020-21
2 volumes

(includes the 2021-22 and 2022-23 supplements)

Summary of Contents

 

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

3      Jurisdiction
Subject-matter jurisdiction; personal jurisdiction; in rem/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

5      Pleadings
General rules of pleading; complaint; answer; counterclaim; cross-claim; jury demand considerations; amendment and supplementation of pleadings

6      Service of Process
Importance of proper service; summons; service by publication; manner of service; proof of service; challenge of service; special service requirements

 


Volume II

7      Provisional Remedies and Declaratory Relief
Temporary restraining orders and temporary injunctions; receiverships; declaratory relief

8      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; substitute parties; more definite statement; strike; motion in limine; discovery)

9      Termination Without Trial
Voluntary and 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; privileges and immunities; waiver; enforcement

11    Dispute Resolution Procedures
Alternative dispute resolution; medical mediation; statutory settlement offers

12    Case Management Procedures
Scheduling order; pretrial conferences; consolidation; severance

 

Table of Cases

Table of Statutes, Regulations, and Rules

Index

The 2022–23 Supplement includes a number of changes such as:

  • Two 2022 Wisconsin Supreme Court opinions clarifying and applying the two-prong analysis for standing to sue in Wisconsin state court
  • A 2022 Wisconsin Supreme Court decision discussing the subject-matter jurisdiction and competency of circuit courts
  • A 2023 Wisconsin Court of Appeals opinion discussing what a circuit court must consider and place on the record when deciding a motion for class certification
  • Three 2022 Wisconsin Supreme Court opinions concerning the standard for granting temporary injunctions
  • Legislative amendments to Wis. Stat. chs. 178, 179, 180, and 183, affecting, among other things: whether members of limited liability companies (LLCs) can be liable for debts and obligations of LLCs; and whether partnerships can opt out of certain filing, notice, and compliance requirements

 

The 2021–22 supplement includes a number of changes such as:

  • Amendments to the Wisconsin Statutes under Wisconsin Supreme Court Order 20.07, 2021 WI 37, which pertains to electronic filing in the Wisconsin court system
  • A 2021 Wisconsin Supreme Court opinion discussing taxpayer standing to sue over expenditures of taxpayer funds and the standards for determining whether a justiciable controversy exists
  • Several 2021 Wisconsin Court of Appeals decisions discussing class-action certification and challenges to certification
  • A revised discussion of whether physicians should be compelled to disclose a party’s health-care records, and the scope of any disclosure, including two additional cases addressing the issue
  • A 2022 Wisconsin Supreme Court opinion about forfeiture in the arbitration context and timing for making objections in order to preserve them

 

The 2020–21 revision includes a number of changes, including the following:

  • A 2020 Wisconsin Court of Appeals opinion discussing many aspects of joinder
  • A 2019 Wisconsin Supreme Court opinion determining whether a 2014 Wisconsin Supreme Court opinion changed Wisconsin’s pleading standard
  • A 2020 opinion from the U.S. Court of Appeals for the Seventh Circuit and a 2021 opinion from the U.S. District Court for the Northern District of Illinois explaining the current standard under federal law for granting an injunction
  • Several practice tips relating to mediation
  • A 2020 Wisconsin Court of Appeals decision discussing the need for a party to sufficiently object to an arbitrator’s behavior at the time it occurs

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.

About the Authors

For an in depth view of the content in this book, please click to view Table of Contents.

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To help you keep your books up to date and save money, the State Bar offers an automatic supplementation service for print books. With this service, new supplements and revisions are mailed automatically with an invoice. The invoice includes the cost of the supplement or revision at a 10% discount, the standard postage and handling charge, and Wisconsin sales tax. Return privileges apply, and you may cancel your subscription at any time. If you DO NOT wish to subscribe to new supplements or revisions, please opt out at checkout or notify Customer Service after you order at (800) 728-7788.

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Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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