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Motion for summary judgment9/13/2023 ![]() ![]() Wisconsin courts have established a basic methodology to decide motions for summary judgment. The summary judgment statute states that the court “shall” grant judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 3 Additionally, under the statute, “a summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.” 4 2015, is a staff attorney for the Dane County Circuit Court. Within certain statutory time frames, or within the time set by a circuit court in a scheduling order, any party to the case may “move for summary judgment on any claim, counterclaim, cross claim, or 3rd-party claim which is asserted by or against the party.” 2Īaron J. ![]() ![]() 1 The procedure governing motions for summary judgment is set forth in Wis. In civil cases, a party may file a motion for summary judgment. Remembering these fundamental principles will assist each in fulfilling their respective duties in cases involving summary judgment methodology. At times, lawyers and judges overlook these principles. Nonetheless, this article focuses on two of the fundamental principles underlying Wisconsin’s summary judgment methodology. The same can be said regarding Wisconsin’s summary judgment methodology.Ī motion for summary judgment is one of the most common dispositive motions filed in civil cases, and Wisconsin’s summary judgment methodology is well established. According to Socrates, there is no learning and knowledge if we are unable to remember what we already know. In Plato’s Phaedo, Socrates postulates how learning and knowledge result from people’s act of recollecting. ![]()
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