Trempealeau County Circuit Court, Wisconsin Document Format Requirements

CRITICAL

Factual propositions must be stated in numbered paragraphs, each limited as far as practicable to one proposition.

Such factual propositions shall be set forth in numbered paragraphs, the contents of each of which shall be limited as far as practicable to the statement of a single factual proposition.

CRITICAL

Each numbered factual paragraph must end with one or more supporting record references.

At the close of each numbered paragraph shall be set forth one or more references to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS [Footnote 2] supporting movant's contention there is no genuine issue a to that factual proposition.

CRITICAL

The movant's factual propositions must be limited to those the movant considers necessary for judgment in its favor and undisputed.

Whether a movant elects a stipulation or a statement of proposed findings, or both, it is movant's obligation to present no more and no less than the set of factual propositions which movant considers necessary to judgment in movant's favor, and as to which movant considers there is no genuine issue.

CRITICAL

For each disputed paragraph or part, the response must cite supporting pleadings, deposition transcripts, interrogatory answers, admissions on file, or compliant affidavits, using the specified record-citation detail.

With respect to any paragraph or part of a paragraph of the movant's proposed findings of facts as to which it is contended that a genuine issue exists, the response shall refer to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSION on file, or AFFIDAVITS complying with sec. 802.08 Stats., which respondent believes give rise to said genuine issue. 3. The said references to the record shall be made with that specificity required by I.(B.)(4.), above.

CRITICAL

Record citations must identify the numbered paragraph of a pleading, the witness and transcript page for a deposition, or the interrogatory number and directed party for an interrogatory answer.

References to the record shall include: a. In the case of a pleading, the numbered paragraph of that pleading; b. In the case of a deposition transcript, the name of the witness and the page of the transcript; c. In the case of an answer to an interrogatory, the number of that interrogatory and the identity of the party to whom it was directed;

CRITICAL

A summary-judgment motion must include the motion itself, may include permitted materials selected by the movant, and must be accompanied by a factual stipulation, proposed findings, or both.

A. The motion itself, together with such materials permitted by Wis. Stat. § 802.08 as the movant may elect to serve and file; and B. Either a stipulation of facts between or among all the parties to the action, or a statement of the findings of fact proposed by movant, or a combination thereof.

CRITICAL

The movant must submit proposed conclusions of law in numbered paragraphs.

C. A statement of the conclusions of law proposed by movant, in numbered paragraphs;

CRITICAL

For each proposed-finding paragraph, the response must state whether a genuine issue exists as to all or part of the proposition and precisely identify any disputed part.

With respect to each numbered paragraph of the movant's proposed findings of fact, the said response shall state clearly whether there is a genuine issue as to the whole or a part of the said factual proposition; if it is contended that there is a genuine issue only as to a part of the said factual proposition, the response shall identify precisely the said part of the numbered paragraph.

CRITICAL

Citations to admissions must identify the requested admission and directed party, or identify the form and location of another admission; admissions made solely for the motion must be designated as such.

d. In the case of an admission in response to, or resulting from a failure to respond to, a request for admission made pursuant to sec. 804.11, Wis. Stats., the number of the requested admission and the identity of the party to whom it was directed; e. In the case of an admission on file which is not in response to, or resulting from a failure to respond to, a request for admission made pursuant to sec. 804.11 Wis. Stats., the form such admission takes and the page or paragraph of the document in which that admission is made. Admissions made solely for the purpose of the motion for summary judgment should be so designated.

WARNING

The answer must be written and use forms provided by the Clerk of Courts Office.

If the defendant has appeared at the return date and the matter is not resolved through mediation, the defendant shall within 10 calendar days file a written answer on forms provided by the Clerk of Courts Office.

WARNING

A counterclaim must be in writing.

If defendant desires to assert a counterclaim, such counterclaim must be in writing and must be filed and served along with the answer filed within 10 calendar days from return date.

WARNING

The plaintiff’s reply to a counterclaim must be in writing.

Plaintiff must reply to defendant’s counterclaim in writing and file and serve such reply within 10 calendar days from the filing of the counterclaim.

INFO

If the opposing party relies on undisputed material facts omitted by the movant, it may present those facts by stipulation, its own proposed findings, or both.

If an opposing party believes the motion for summary judgment must fail because of material facts not stated by the movant and as to which it is considered there is no genuine issue, the said opposing party may present such other factual propositions either by means of: a. A stipulation of facts between or among all of the parties to the action; or b. A statement of the findings of fact proposed by said opposing party; or c. A combination of "a" and "b".