Court Rules

Ozaukee County Circuit Court, Wisconsin Pre-Motion Conference Requirements

4 rules from official source documents

Pre-motion conference and letter requirements before filing motions, including sequential steps.

CRITICAL

For these motions, the respondent has 20 days after service of the motion to serve and file responsive materials or waive them in writing, and the moving party has 10 days after service of the response materials to serve and file a reply limited to the motion’s claims or theories; failure to meet either deadline waives the filing, unless a court order prescribes a different procedure.

(c) A respondent shall have 20 days from the service of the moving party’s motion to serve and file a brief, affidavits, or other supporting documents, or waive in writing the right to do so. If the respondent fails to file any brief, affidavits, or other supporting documents, or a waiver of the same within the 20-day period, it shall be presumed that respondent has waived the right to do so. (d) A moving party shall have 10 days from the service of the respondent's answering brief, affidavits, or other supporting documents to serve and file a reply brief, limited to the claims or legal theories presented by the motion. The failure to timely file a reply brief shall be considered a waiver of the right to do so. (e) A court order may prescribe a procedure different from this rule.

CRITICAL

All motions relating to discovery or production of documents pursuant to Chapter 804, Stats., or any motion to serve additional interrogatories pursuant to Rule 202.2 must be accompanied by an affidavit or declaration by the moving party that, after consultation in person or by electronic communication with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord.

All motions relating to discovery or production of documents pursuant to Chapter 804, Stats., or any motion to serve additional interrogatories pursuant to Rule 202.2 must be accompanied by an affidavit or declaration by the moving party that, after consultation in person or by electronic communication with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord.

CRITICAL

Before filing a motion to dismiss or summary judgment motion, the moving party must obtain a hearing date and time at least 40 days after the anticipated filing date from the assigned judge’s judicial assistant, or from the court commissioner for small claims matters.

(a) Prior to filing a motion to dismiss under Wis. Stat. s. 802.06 or a motion for summary judgment under Wis. Stat. s. 802.08, the moving party shall obtain from the judicial assistant of the assigned judge (or court commissioner for small claims matters) a hearing date and time not less than 40 days from the anticipated date of filing of the motion.

WARNING

Before seeking permission to serve additional interrogatories, a party should promptly try to reach a written stipulation; if that effort fails, the party may move for permission and the motion must explain why the relief is necessary.

If a party believes that additional interrogatories are necessary, the party should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the court pursuant to Rule 202.3 for permission to serve additional interrogatories. The motion shall state the necessity for the relief requested.

Common questions about Ozaukee County Circuit Court, Wisconsin pre-motion conference requirements

Does Ozaukee County Circuit Court, Wisconsin require a pre-motion conference or letter before filing a motion?

For these motions, the respondent has 20 days after service of the motion to serve and file responsive materials or waive them in writing, and the moving party has 10 days after service of the response materials to serve and file a reply limited to the motion’s claims or theories; failure to meet either deadline waives the filing, unless a court order prescribes a different procedure.

View ruleOfficial source Source: page 23, section 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS

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