Motion to Dismiss - Wisconsin

STATE OF WISCONSIN · CIRCUIT COURT · [COUNTY] COUNTY

Branch: [NUMBER] · Judge: [NAME]

DEFENDANT'S MOTION TO DISMISS AND MEMORANDUM IN SUPPORT

Defendant [name] moves under Wis. Stat. § 802.06(2)(a) for dismissal of [identify claims or pleading]. Select only supported grounds and state the requested relief for each.

Grounds and relief

• ☐ § 802.06(2)(a)1., lack of capacity to sue or be sued: [basis].
• ☐ § 802.06(2)(a)2., lack of subject-matter jurisdiction: [basis].
• ☐ § 802.06(2)(a)3., lack of jurisdiction over the person or property: [basis].
• ☐ § 802.06(2)(a)4., insufficient summons or process: [basis].
• ☐ § 802.06(2)(a)5., untimely or insufficient service of summons or process: [basis].
• ☐ § 802.06(2)(a)6., failure to state a claim: [claim and defect].
• ☐ § 802.06(2)(a)7., failure to join a party under § 803.03: [party and basis].
• ☐ § 802.06(2)(a)8., res judicata: [prior judgment and basis].
• ☐ § 802.06(2)(a)9., statute of limitations: [specific period, accrual, and dates].
• ☐ § 802.06(2)(a)10., another action pending between the same parties for the same cause: [case and basis].

Requested order: [Identify each affected claim or party, the disposition requested, and whether dismissal should be with or without prejudice under verified case-specific authority.] [State any separate authority for costs or fees if requested.]

Improper venue is excluded from § 802.06(2)(a). A venue challenge seeks a change of venue by motion under § 801.51, subject to that section's timing; it is not a dismissal ground in this form.

Memorandum of law

Procedural background

Plaintiff filed [pleading] on [date]. Defendant was served on [date] by [method]. The general answer period in § 802.06(1) is 20 days after service of the complaint. That subsection gives 45 days in specified state-party, insurance-company, and tort-action circumstances and alters the response period after certain Rule 802.06 motions. Confirm which period governs this defendant, the service method, and any order before filing.

Argument

Ground [number]: [title]. [Cite current controlling authority for the chosen ground.] [Identify the exact pleading allegation or admissible record fact.] [Explain why that authority supports the requested relief for each challenged claim.]

[Repeat for each selected ground. For a service challenge, identify the actual method and relevant statutory requirement. For personal jurisdiction, identify the statutory basis and facts before presenting any constitutional argument.]

If matters outside the pleadings are presented on a § 802.06(2)(a)6. motion and the court does not exclude them, § 802.06(2)(b) provides for treatment as a summary-judgment motion under § 802.08 and a reasonable opportunity to present pertinent material.

Conclusion

Defendant requests that the Court [specific disposition tied to each ground]. [Any costs or fees request must identify its separate authority.]

Dated: [DATE]

[ATTORNEY SIGNATURE]
[NAME, STATE BAR NUMBER]
[ADDRESS, PHONE, EMAIL]
Counsel for Defendant

Notice of hearing, if scheduled

To all parties and counsel of record: Defendant's Motion to Dismiss will be heard on [court-scheduled date] at [time] before Judge [name], Branch [number], at [courtroom or remote setting]. Complete and serve this notice only after the court sets a hearing, following any applicable scheduling order or local rule.

Dated: [DATE] | [COUNSEL SIGNATURE]

Certificate of service

I certify that on [date], I served this motion, memorandum, [notice of hearing if applicable], and [attachments] on [names and addresses] by [authorized method].

[Signature]

Proposed order for the Court's consideration

STATE OF WISCONSIN · CIRCUIT COURT · [COUNTY] COUNTY

ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of the motion, response, record, and [hearing if held], the Court orders:

1. The motion is ☐ granted ☐ denied ☐ granted in part as to [claims or parties].
2. [State the ground, claims affected, and whether dismissal is with or without prejudice as determined by the Court.]
3. [Any other relief actually ordered.]

Dated: [DATE] | Circuit Court Judge: [SIGNATURE]

Filing checklist

• Licensed Wisconsin attorneys register for circuit court electronic filing under § 801.18(3)(a); verify the filing and service method for this case.
• Do not treat improper venue as an § 802.06(2)(a) defense. A motion under § 801.51 is the separate venue route.
• Confirm any scheduling order, briefing deadline, and hearing notice before filing.