[// GUIDANCE: This template is drafted for use in Wisconsin Circuit Court civil actions. It assumes the defendant wishes to enter a general denial while preserving all affirmative defenses and potential counterclaims. Customize bracketed fields, delete inapplicable sections, and conform all dates, signatures, and service details to the specific case. ]
STATE OF WISCONSIN
CIRCUIT COURT – [COUNTY] COUNTY
[Case Classification Code]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Case No. ___
Assigned Judge: ___
DEFENDANT’S ANSWER AND GENERAL DENIAL
Effective Date: [DATE OF FILING]
TABLE OF CONTENTS
- Preliminary Statement
- Admissions, Denials, and Statements of Lack of Knowledge
- General Denial
- Affirmative Defenses
- Counterclaims (Optional)
- Prayer for Relief
- Reservation of Rights
- Signature Block (Rule 802.05)
- Verification (If Required)
- Certificate of Service
1. PRELIMINARY STATEMENT
1.1 Defendant [DEFENDANT NAME] (“Defendant”) submits this Answer in response to the Complaint filed by [PLAINTIFF NAME] (“Plaintiff”) in the above-captioned matter, and states as follows:
1.2 Pursuant to applicable Wisconsin pleading rules, Defendant responds to each numbered paragraph of the Complaint in Section 2, asserts a general denial in Section 3, preserves all affirmative defenses in Section 4, and sets forth any counterclaims in Section 5.
[// GUIDANCE: Confirm the statutory deadline for filing and serve the Answer within that period (generally 20 days after in-state service).]
2. ADMISSIONS, DENIALS, AND STATEMENTS OF LACK OF KNOWLEDGE
[// GUIDANCE: Either respond paragraph-by-paragraph here OR incorporate a combined general denial in Section 3. If using a paragraph-by-paragraph format, copy each allegation verbatim (or by reference) and insert one of the three responses below.]
2.1 Paragraph __ of the Complaint:
(a) Admitted.
—or—
(b) Denied.
—or—
(c) Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies the same.
[Repeat for each paragraph of the Complaint.]
3. GENERAL DENIAL
3.1 To the extent any allegation in the Complaint is not expressly admitted herein, it is denied.
3.2 Defendant expressly denies that Plaintiff is entitled to any of the relief requested, whether legal or equitable.
4. AFFIRMATIVE DEFENSES
[// GUIDANCE: Plead every potentially applicable defense. Wisconsin’s rules require that most affirmative defenses be stated in the Answer or they are waived. Remove inapplicable defenses and add case-specific ones.]
Without assuming any burden of proof not imposed by law, Defendant asserts the following affirmative defenses:
A. Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
B. Statute of Limitations – Plaintiff’s claims are barred, in whole or in part, by the applicable statutes of limitation.
C. Statute of Frauds – Any alleged agreement not in writing is unenforceable.
D. Estoppel – Plaintiff is estopped from asserting the claims by reason of its own conduct.
E. Waiver – Plaintiff waived its rights, if any, through prior conduct or inaction.
F. Laches – Plaintiff’s delay in bringing suit is unreasonable and prejudicial.
G. Accord and Satisfaction / Payment – Any obligation has been satisfied or discharged.
H. Contributory / Comparative Negligence – If negligence is attributed to Defendant, Plaintiff’s own negligence exceeds or equals any such negligence, barring or reducing recovery.
I. Failure of Consideration – No valid consideration supports Plaintiff’s claimed contract rights.
J. Res Judicata & Collateral Estoppel – The claims are barred by prior litigation or adjudication.
K. Illegality – The alleged conduct or agreement is illegal and unenforceable.
L. Arbitration and Award – Any dispute is subject to binding arbitration previously agreed upon.
M. Set-Off & Recoupment – Defendant is entitled to offset any amounts owed against Plaintiff’s claims.
N. Reservation – Defendant reserves the right to amend or supplement these defenses as discovery progresses.
5. COUNTERCLAIMS (OPTIONAL)
[// GUIDANCE: Wisconsin permits permissive counterclaims. If asserting any, plead them here in numbered paragraphs and include a separate ad damnum clause.]
5.1 Counterclaim I – [Breach of Contract]
5.1.1 Defendant realleges ¶¶1–___ above.
5.1.2 …
5.2 Relief Requested on Counterclaims
Defendant demands judgment against Plaintiff for:
(a) Compensatory damages in an amount to be proven at trial;
(b) Costs, disbursements, and allowable fees; and
(c) Such other relief as the Court deems just and proper.
6. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss the Complaint in its entirety, with prejudice;
2. Enter judgment in favor of Defendant and against Plaintiff;
3. Award Defendant taxable costs, disbursements, and such other relief as the Court deems just and equitable; and
4. Grant such further relief consistent with justice and equity.
7. RESERVATION OF RIGHTS
Defendant reserves all rights to amend this Answer, assert additional affirmative defenses, and add counterclaims as permitted by Wisconsin law and the Scheduling Order of this Court.
8. SIGNATURE BLOCK (Wis. Stat. § 802.05)
Respectfully submitted,
text
DATED: [DATE] By: _____
[ATTORNEY NAME]
State Bar No. [#######]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Phone: [(###) ###-####]
Email: [EMAIL]
Attorneys for Defendant
9. VERIFICATION (Include only if a statute, rule, or the Court specifically requires it.)
text
STATE OF WISCONSIN )
) ss.
[COUNTY] COUNTY )
I, [DEFENDANT REPRESENTATIVE NAME], being first duly sworn, state that I have read the foregoing Answer, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
[NAME], [TITLE]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public, State of Wisconsin
My commission expires: _______
10. CERTIFICATE OF SERVICE (Wis. Stat. § 801.14)
text
I hereby certify that on [DATE], I caused a true and correct copy of the foregoing Answer and General Denial to be served upon:
[OPPOSING COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
[CITY, STATE ZIP]
[Email (if agreed-upon method)]
by [method of service—e.g., electronic filing, first-class mail, hand delivery] in compliance with Wis. Stat. §801.14.
Dated: [DATE] _______
[ATTORNEY NAME]