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What to do in Wisconsin after receiving answer and motion to dismiss?

Beloit, WI |

I filed a complaint and summons in Wisconsin. I've received an answer and a notice of motion to dismiss in response. What do I have to do now to move things forward? I'm not looking for legal advice on the case, just what the procedures are. I realize I have to file an answer to the counterclaims. What do I need to do to schedule a hearing on the motion? Do I need to submit a brief before then? There isn't a brief or anything other than the answer attached to the notice of motion.

Attorney Answers 2

Posted

1 - call the Judge's office that it was assigned to and ask for a scheduling conference to be set.

2 - retain a lawyer to help you with this type of case moving forward.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

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Posted

If you are serious about your lawsuit then you ought to attempt to retain an attorney, otherwise, if the motion is granted, your lawsuit will be dismissed and you will have to re-file, amend the complaint and hope it doesn't still get dismissed or give up. There are very strict deadlines for when responses and answers are due and each county has local rules. The previous attorney is correct about contacting the court but sometimes they give very little information so as to avoid giving legal advice.

With a motion to dismiss you have to respond and then there is usually a hearing before the judge. In the interim, you have time to fix the complaint, if it needs to be fixed. A motion to dismiss is a motion that essentially says you have not made out a claim upon which relief can be granted and therefore it is wasting the court's time.

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