Wis. Stat. § 802.06

Section 802.06(2) requires an objection that the wrong party was named to be raised in the responsive pleading or by motion before that pleading is filed.

Town of Mt. Pleasant v. Werlein · filed 1984-04-25(2)

This objection should have been asserted either in the responsive pleading or by motion before filing the responsive pleading. Sec. 802.06(2), Stats.

Section 802.06's motion requirement for challenging personal jurisdiction can be satisfied by a letter and brief that the trial court treats as a motion.

In RE DAVANIS v. Davanis · filed 1986-06-18

We reject Nancy's argument that George's jurisdictional challenge was improperly made because he failed to file a written motion objecting to jurisdiction pursuant to sec. 802.06, Stats. ... We therefore conclude that the trial court properly construed George's letter and brief as fulfilling the statutory requirements for the filing of a motion challenging personal jurisdiction.

Section 802.06(2)(c) allows a party to object to personal jurisdiction by responsive pleading or motion.

In RE MARRIAGE OF KILDEA v. Kildea · filed 1988-01-13(2)(c)

Thus, although service was one of the steps taken to obtain jurisdiction, John still had the opportunity to object to jurisdiction by responsive pleading or motion. See sec. 802.06(2)(c), Stats.

On a judgment on the pleadings under § 802.06(3), the facts alleged in the complaint are taken as undisputed.

O'DONNELL v. Reivitz · filed 1988-04-14(3)

Because the trial court granted judgment on the pleadings pursuant to sec. 802.06(3), Stats., the facts alleged in the complaint are taken as undisputed.

Section 802.06(3) converts a motion for judgment on the pleadings into a motion for summary judgment if matters outside the pleadings are presented to the court.

Schuster v. Altenberg · filed 1988-06-01(3)

Motions made pursuant to sec. 802.06(3), Stats., for judgment on the pleadings are related to motions for summary judgment under sec. 802.08(2). Specifically, a motion for judgment on the pleadings will be converted to a motion for summary judgment if matters outside the pleadings are presented to the court.

Section 802.06(3) allows a motion to dismiss made after issue is joined to be treated as a motion for judgment on the pleadings.

Hogan v. Musolf · filed 1990-07-05(3)

We treat the motion as one for judgment on the pleadings made pursuant to sec. 802.06(3), Stats.

A motion for judgment on the pleadings must be brought in time to avoid delaying trial.

Eden Stone Co. v. Oakfield Stone Co. · filed 1991-12-11(3)

A motion for judgment on the pleadings must be brought "within time so as not to delay the trial." Section 802.06(3), Stats. As we have already held, the trial court did not abuse its discretion in concluding that Oakfield's motion put the trial date at risk.

Section 802.06(3) permits judgment on the pleadings without conversion to summary judgment when the court does not consider matters outside the pleadings.

Town of La Grange v. Martin · filed 1992-05-13(3)

This does not constitute consideration of matters outside the pleadings and therefore was not error. Because all the necessary undisputed facts were in the pleadings and Judge Carlson did not look beyond the pleadings, judgment on the pleadings was proper.

Section 802.06(3) makes judgment on the pleadings improper when proving the complaint's material allegations requires examining matters outside the pleadings.

J.L. Phillips & Associates, Inc. v. E&H Plastic Corp. · filed 1998-04-24(3)

Judgment on the pleadings would be improper in this case, since the answer now calls for an examination of "matters outside the pleadings," see Wis. Stat. § 802.06(3), in order to prove the material allegations of Phillips' complaint.

Section 802.06(3) uses the first two steps of summary judgment analysis to determine whether judgment on the pleadings is appropriate.

New Richmond News v. City of New Richmond · filed 2016-05-10(3)

We therefore apply the first two steps of summary judgment methodology to determine whether judgment on the pleadings is appropriate.

Section 802.06(2) allows a defendant to challenge defective service through objections, an affidavit and a brief that together amount in substance to a motion.

Honeycrest Farms, Inc. v. A.O. Smith Corp. · filed 1992-06-02(2)

Counsel's objections, affidavit and trial brief were adequate to raise the issue of defective service of process. If not in form, they were in substance the equivalent of a motion under sec. 802.06(2).

Section 802.06 provides a motion to address a defect in commencing an action.

Novak v. Phillips · filed 2001-05-15

A defect in commencing is addressed by a Wis. Stat. § 802.06 motion.

Section 802.06(8)(b) permits a party to raise failure to join an indispensable party in a pleading or by motion before entry of the final pretrial conference order; a party that fails to raise the defense in the trial court cannot raise it for the first time on appeal.

Witkin, Weiby, Maki, Durst & Ledin, S.C. v. McMahon · filed 1993-01-12(8)(b)

Section 802.06(8)(b), Stats., provides that the defense of failure to join an indispensable party "may be made in any pleading permitted or ordered under s. 802.01(1), or by motion before entry of the final pretrial conference order." An examination of the record reveals that the McMahons failed to raise the defense that Golden Farm was an indispensable party before the trial court. Because this issue was not raised at the trial level, we conclude that the McMahons have failed to preserve this issue for appeal and may not raise the issue for the first time on appeal.

Section 802.06(2) directs courts to use summary judgment procedure for a motion to dismiss based on a statute of limitations.

Parr v. Milwaukee Building & Construction Trades · filed 1993-05-11(2)

In construing a motion to dismiss based upon a statute of limitations, sec. 802.06(2), Stats., directs the use of summary judgment procedure.

Section 802.06 permits dismissal of an otherwise sufficient complaint when the claim is time barred.

Pritzlaff v. Archdiocese of Milwaukee · filed 1995-06-27

A threshold question when reviewing a complaint is whether the complaint has been timely filed, because an otherwise sufficient claim will be dismissed if that claim is time barred. Section 802.06, Stats. (1993-94). Since we conclude that Ms. Pritzlaff's twenty-seven year old claim is time barred, we reverse that portion of the decision of the court of appeals which remanded the claim against the Archdiocese for negligent supervision.

A motion to dismiss based on a statute of limitations is treated as a motion for summary judgment.

Bartels v. Rural Mutual Insurance · filed 2004-07-07(2)(b)

A motion to dismiss based on a statute of limitations is treated as a motion for summary judgment.

Section 802.06(6) does not require a plaintiff to move to strike an affirmative defense merely because the defendant pleaded it in an answer.

Strong v. Brushafer · filed 1994-06-07(6)

The City maintains, therefore, that Strong was obligated to bring a motion to strike the affirmative defense under § 802.06(6), Stats. We reject the City's argument. An affirmative defense raised in an answer is not a motion.

Section 802.06(6) permits a court to strike redundant material from a filing.

Stone v. Acuity · filed 2008-04-11(6)

The Stones filed a motion to strike portions of Acuity's supplemental briefs pursuant to Wis. Stat. §§ 802.06(6), 809.63, and 809.84. This court had ordered supplemental briefing to address specific questions concerning the remedy for failure to give notice under Wis. Stat. § 632.32(4m). The Stones contend that sections I and II of Acuity's brief simply reiterate arguments made in Acuity's initial brief to this court and are therefore redundant. We agree, and the Stones' motion to strike sections I and II of Acuity's supplemental brief is granted.

Section 802.06(4) does not treat a party’s right to respond to a dismissal motion as waived merely because the party argues at the hearing without filing a written response.

Burnett v. Hill · filed 1997-01-24(4)

Nor do our statutes command that a right of response is waived if the non-movant responds in person before the court, but submits no written response prior to the hearing. See Wis. Stat. §§ 802.06(4), 801.08(1). Hill does not assert that Burnett failed to respond at all to his motion for dismissal, as Burnett's counsel appeared at the May 31, 1994 motion hearing and argued to the court that the manner of service here conferred personal jurisdiction on the circuit court. Burnett's conduct did not constitute a waiver of his right to respond to Hill's motion.

A standing challenge pursued through a pre-answer motion to dismiss is evaluated on the complaint when the defendant does not later contest its allegations.

Coyne v. Walker · filed 2015-02-19(2)

In the circuit court, Walker and Huebsch challenged the standing of the Coyne parties in a motion to dismiss prior to filing a responsive pleading. ... Therefore, we address the issue of standing in the context of a challenge to the complaint. ... When a standing argument comes before us upon a motion to dismiss, we take all claims in the complaint as true.

Section 802.06(8)(c) allows a court to address subject matter jurisdiction even when a party has not pleaded or raised the issue, because subject matter jurisdiction cannot be waived.

Isermann v. MBL Life Assurance Corp. · filed 1999-10-20(8)(c)

As MBLLAC argues, however, it has no obligation to raise the defense because Wisconsin law clearly provides that subject matter jurisdiction cannot be waived. Section 802.06(8)(c), Stats., states that "[i]f it appears by motion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action."

Section 802.06(8)(c) makes dismissal the default remedy when a court lacks competency, unless transfer is authorized under another statute.

Wisconsin Department of Workforce Development v. Wisconsin Labor & Industry Review Commission · filed 2016-02-17(8)(c)

We have further concluded that dismissal is the default remedy for want of competency pursuant to Wis. Stat. § 802.06(8) unless transfer is available and authorized under Wis. Stat. § 807.07(2).