STATE OF WISCONSIN
CIRCUIT COURT – [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v. Case No.: [20XX-CV-____]

[DEFENDANT NAME],
Defendant.

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
(Wis. Stat. § 802.08)

[// GUIDANCE: Replace “Defendant” with “Plaintiff” if your client is the moving party.]

TABLE OF CONTENTS

1. Notice of Motion & Hearing ............................................... 2
2. Introduction & Relief Requested ......................................... 3
3. Statement of Undisputed Material Facts (“SUMF”) ...................... 4
4. Procedural Posture ............................................................. 5
5. Applicable Summary-Judgment Standard (Wis. Stat. § 802.08) ..... 6
6. Argument ......................................................................... 7
   6.1 [Heading 1 – e.g., “No Breach Occurred”] ......................... 7
   6.2 [Heading 2 – e.g., “No Damages Evidence”] ..................... 8
   6.3 [Heading 3 – optional] ................................................. 9
7. Conclusion & Prayer for Relief ............................................ 10
8. Certification of Compliance with Brief-Length Limits .............. 11
9. Certificate of Service .......................................................... 11
10. Signature Block ................................................................. 12
11. Proposed Order (Exhibit A) ................................................. 13
12. Proposed Findings of Fact (Exhibit B) .................................. 15
13. Supporting Affidavit(s)/Declaration(s) (Exhibit C) .................. 18

1. NOTICE OF MOTION & HEARING

PLEASE TAKE NOTICE that on [Date], at [Time] a.m./p.m., or as soon thereafter as counsel may be heard, at the [County] County Courthouse, [Courtroom No.], [Address], the undersigned will appear before the Honorable [Judge’s Name] and move the Court for an order granting summary judgment in favor of [Defendant] pursuant to Wis. Stat. § 802.08.

2. INTRODUCTION & RELIEF REQUESTED

1. This action arises out of [brief description of dispute].
2. After discovery, no genuine dispute of material fact exists and [Defendant] is entitled to judgment as a matter of law.
3. Accordingly, [Defendant] respectfully moves for:
   a. Dismissal of all claims with prejudice; and
   b. Entry of judgment in [Defendant]’s favor, together with taxable costs.

[// GUIDANCE: Add any request for affirmative relief (e.g., attorney’s fees) only if supported by contract or statute.]

3. STATEMENT OF UNDISPUTED MATERIAL FACTS (“SUMF”)

Pursuant to Wis. Stat. § 802.08(2) and local Rule [INSERT RULE], the following facts are undisputed for purposes of this motion. Each fact is supported by pinpoint citations to the record.

[// GUIDANCE: Use a separate document for Proposed Findings of Fact if your judge requires it; keep this section concise.]

4. PROCEDURAL POSTURE

1. Complaint filed on [Date] (R. [__]).
2. Answer filed on [Date] (R. [__]).
3. Discovery closed on [Date].
4. No motions remain pending.
5. This motion is timely under Wis. Stat. § 802.08(1) and the Court’s Scheduling Order dated [Date].

5. APPLICABLE SUMMARY-JUDGMENT STANDARD

1. Under Wis. Stat. § 802.08(2), summary judgment shall be granted where “there is no genuine issue as to any material fact” and the movant “is entitled to a judgment as a matter of law.”
2. The movant must make a prima facie showing through “pleadings, depositions, answers to interrogatories, admissions on file, or affidavits.” Wis. Stat. § 802.08(3).
3. Once the movant meets that burden, the opposing party must “set forth specific facts showing that there is a genuine issue for trial.” Wis. Stat. § 802.08(4).
4. All evidentiary submissions must be admissible under the Wisconsin Rules of Evidence. Wis. Stat. § 802.08(3).

6. ARGUMENT

6.1 [Heading 1 – e.g., “Plaintiff Cannot Establish Breach of Contract”]

1. [Show legal duty/obligation.]
2. [Cite undisputed facts proving no breach.]
3. Therefore, no reasonable jury could find in Plaintiff’s favor.

6.2 [Heading 2 – e.g., “Plaintiff Lacks Evidence of Damages”]

1. [Explain absence of admissible damages evidence.]
2. [Reference affidavits/depositions.]
3. Summary judgment is appropriate.

6.3 [Optional Additional Arguments]

[Insert as needed.]

7. CONCLUSION & PRAYER FOR RELIEF

For all the foregoing reasons, [Defendant] respectfully requests that the Court:

A. GRANT this Motion;
B. DISMISS the Complaint with prejudice;
C. ENTER judgment in favor of [Defendant]; and
D. AWARD costs and such further relief as the Court deems just.

8. CERTIFICATION OF COMPLIANCE WITH BRIEF-LENGTH LIMITS

I certify that this brief conforms to the length limitations set forth in Local Rule [INSERT RULE] in that it is [] pages and [] words, exclusive of the caption, tables, certifications, and signature block.

9. CERTIFICATE OF SERVICE

I hereby certify that on [Date] I caused a true and correct copy of the foregoing Motion, together with all supporting papers, to be served upon all counsel of record via [method] pursuant to Wis. Stat. § 801.14 and local rules.

10. SIGNATURE BLOCK

Respectfully submitted this [Date].

text
[LAW FIRM NAME]
By: /s/ [Attorney Name]
[Attorney Name]
State Bar No. [#####]
[Address]
[City, State ZIP]
Phone: ([###]) ###-####
Email: [[email protected]]
Counsel for [Defendant]

11. PROPOSED ORDER (Exhibit A)

text
STATE OF WISCONSIN
CIRCUIT COURT – [COUNTY] COUNTY

[Same Caption]

[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

The Court, having reviewed Defendant’s Motion for Summary Judgment, the briefs, affidavits, proposed findings of fact, and the entire record, and being otherwise fully advised,

IT IS HEREBY ORDERED that:

1. Defendant’s Motion for Summary Judgment is GRANTED;
2. All claims against Defendant are DISMISSED with prejudice;
3. Judgment is entered in favor of Defendant; and
4. Plaintiff shall pay taxable costs pursuant to Wis. Stat. § 814.04 upon filing of a verified bill of costs.

Dated: _______

Hon. [Judge’s Name]
Circuit Court Judge

12. PROPOSED FINDINGS OF FACT (Exhibit B)

[// GUIDANCE: Many Wisconsin judges require separate proposed findings, numbered ¶¶ with pinpoint record citations. Example:]

1. The parties executed the Contract on March 1, 20XX. (Ex. C-1, ¶ 4).
2. Plaintiff accepted delivery of all goods by April 15, 20XX. (Ex. C-2, p. 12:4-13).
3. Plaintiff never issued a written notice of breach. (Ex. C-3, Admission No. 6).
4. …

13. SUPPORTING AFFIDAVIT(S)/DECLARATION(S) (Exhibit C)

text
STATE OF WISCONSIN )
) ss.
COUNTY OF [COUNTY] )

AFFIDAVIT OF [NAME]

1. I am over 18 and competent to testify.
2. [Set forth personal knowledge facts in numbered paragraphs.]
3. Exhibits attached hereto are true and correct copies.

FURTHER AFFIANT SAYETH NAUGHT.

[Name]

Subscribed and sworn before me this ___ day of _, 20XX.

Notary Public, State of Wisconsin
My commission expires: ____
[// GUIDANCE: Use unsworn declaration under 28 U.S.C. § 1746 if filing electronically and permitted by local rule.]

PRACTICAL CHECKLIST

• Verify scheduling order deadlines for filing & hearing.
• Confirm county-specific briefing/page limits and modify Section 8 Certification accordingly.
• Serve Proposed Order and Findings in editable format (e.g., Word) if judge requests.
• Ensure every numbered ¶ in SUMF/Findings has pinpoint record support.
• File separate Notice of Motion if local rule requires.
• Redact confidential information under Wis. Stat. § 801.19.
• E-file all materials via the Wisconsin eFiling system and pay statutory filing fee.

[// GUIDANCE: This template complies with Wis. Stat. § 802.08 summary-judgment practice, integrates evidentiary requirements, and includes placeholders for county-specific briefing limits. Customize headings and arguments to your substantive claims or defenses.]