How to File a Civil Lawsuit in Wisconsin

If you are thinking of filing a civil lawsuit, the first step is to understand what a civil lawsuit is and what remedies are available.   

Legal dictionaries define a civil lawsuit as a non-criminal court case involving a dispute between private parties, businesses, or entities, and seeking payment for damages or an order for a party to perform specific duties or obligations.   

If you have suffered damages or are asking for the enforcement of duties or obligations, then litigation through a civil lawsuit may be the next step.   

Initiating a civil lawsuit is a huge decision.  Civil litigation can be expensive and a long-drawn-out process before a final decision is made.  Due to this, it is very important to make sure that you have substantial grounds to file the lawsuit. 

Key Takeaways

• Claim Validation: Ensure your claim is valid and thoroughly supported by evidence before filing to save time and resources.
• Venue Selection: Carefully choose the court location based on damage amounts and related factors to avoid jurisdictional dismissals.
• Legal Process: Follow precise steps from complaint filing to pre-trial procedures, highlighting the necessity of experienced legal guidance.

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Validity of claim

One of the most essential parts of a lawsuit takes place before the lawsuit is filed; this involves a review of the facts and evidence that support your legal claim.   For your attorney to accurately assist you, they must be provided with all of the background information available before the lawsuit starts. Lousy information is just as crucial as helpful information at this stage, as an attorney can help determine how negative evidence may influence your chances for success.  Sometimes, not filing a lawsuit is the best way to save a significant amount of time and money.  

Civil causes of action have elements that a judge or jury would have to find are met for a lawsuit to succeed. The facts and evidence will have to support each of those elements.  If all elements are not met, the suit will not be successful.    

An attorney will also review whether or not the potential defendant has any defenses or immunity to the action being filed against them.  In some cases, a valid defense or immunity will overcome a civil suit even if the elements are met.   

There is also the issue of the statute of limitations to consider.  You may have a valid claim and a winnable case, but it could be barred from being litigated if it is not filed within the allowed time limits.  Each State may have different Statutes of Limitations on when specific claims can be filed, and an attorney can help verify that this will not be an issue before filing.    

If you have a valid claim with supporting evidence and are within the statute of limitations, you should be able to move forward with a civil lawsuit.

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Jurisdiction  

Once you have determined that you will be filing suit, the next step is to determine where you will be filing suit.   You will need to determine if you are filing in small claims court, which is for claims that involve damages that are $10,000 or less, or circuit court for damages above that amount.   

In addition to assessing the amount of damages, you will need to determine the proper county to file in.   

Where to file can depend on multiple factors, including where the parties are located, where the claim arose, and other issues, such as business ties to the county.  It is essential to have an attorney evaluate the lawsuit to determine the best jurisdiction in which to file the suit.  If a suit is filed in the wrong county, it can be subject to a motion to dismiss for lack of jurisdiction.  

Prepare Complaint 

The complaint is a document that will outline your case.  The complaint will need to list: 

1. The parties involved.  
2. The Petitioner – which is the party filing suit.  
3. The Defendant – which is the party being sued.  
4. A facts section which lists the facts that are the basis for the lawsuit.  
5. A section on the legal basis for the lawsuit.  
6. And finally, a section which outlines the relief you are seeking from the court.  In other words, what amount of money damages are you claiming, or what action are you asking the court to order the defendant to take?

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File the Complaint  

If you have an attorney, he can file your complaint electronically in the appropriate county.  If you do not have an attorney, you should contact the local clerk of court to review if there are any local procedures in that county on the filing of complaints.   Certain formatting requirements need to be met, or the clerk will reject the complaint.  A filing fee must also be paid, which will vary depending on the type of suit you are filing.

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Serve the Defendant  

After the complaint has been filed, you must serve the defendant with a copy of a summons and the complaint.   

A summons is a legal document that notifies the defendant of the lawsuit and commands them to appear before the court on a specific day to answer the complaint.   

There are very specific rules regarding the serving of the summons and complaint.  Typically, a process server is used to serve the documentation on the defendant.  The process server will then return an affidavit of service to the Plaintiff, which will verify that the defendant has received the summons and complaint.   In some situations, service by certified mail or publication will also be accepted.  Proving service is essential.  If the defendant does not respond to the summons, a Plaintiff may file a motion for a default judgment.

Response to Complaint 

Once served, the Defendant has a timeline for filing an answer to the complaint with the court.   The timeline is typically 20 days but can vary depending on the type of lawsuit.    Typically, an answer will involve the defendant either admitting or denying the allegations in the complaint.   

Discovery  

The next phase, and often the longest, is the discovery phase of the civil lawsuit.  This is where both sides can: 

1. Serve interrogatories on the other party.   These are questions that the other party is required to answer truthfully.  
2. Requests for admission.  Ask questions that the other party will need to either admit or deny.  
3. Request the production of documents.   
4. Conduct depositions 
5. Exchange information 

Pretrial conferences 

Prior to trial the court may have pretrial conferences to discuss settlement or narrow the issues before the court.   

The parties will often discuss settlement or engage in mediation to attempt to resolve the matter before a trial.  An experienced attorney is very helpful when it comes to navigating settlement discussions.   

Trial 

If a matter does not settle, then it will go to trial.  Civil cases can be heard in two ways.  

Bench trial – The judge hears the evidence and makes the decision.  

Jury trial – A jury hears the evidence and makes the decision.   

Civil lawsuits in Wisconsin require attention to detail and careful observance of legal requirements.  It is highly advisable to work with an experienced attorney when navigating the process.   This will give you the best chance at a successful outcome.   

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