[// GUIDANCE: This template is drafted for use in any Wisconsin Circuit Court civil action.
Adapt all bracketed items, choose only the applicable grounds,
and conform to the Local Rules of the specific county circuit court. ]

STATE OF WISCONSIN – CIRCUIT COURT – [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff, FILED ELECTRONICALLY
Case No. [20XX-CV-____]
v. Code: [Type of Case Code]

[DEFENDANT NAME], HON. [JUDGE’S NAME]
Defendant.

DEFENDANT’S NOTICE OF MOTION AND MOTION TO DISMISS

TABLE OF CONTENTS
I. NOTICE OF MOTION .......................................................... 2
II. MOTION .................................................................... 3
III. MEMORANDUM OF LAW .......................................................... 4
A. Introduction ........................................................... 4
B. Procedural Background ................................................... 4
C. Issues Presented ....................................................... 5
D. Applicable Standard .................................................... 5
E. Argument ................................................................ 6
1. Failure to State a Claim (Wis. Stat. § 802.06(2)(a)6.) .............. 6
2. Lack of Personal Jurisdiction (Wis. Stat. § 802.06(2)(a)2.) ......... 7
3. Insufficient Service of Process (Wis. Stat. § 802.06(2)(a)4.) ...... 8
F. Request for Oral Argument .............................................. 9
IV. CONCLUSION ................................................................ 10
V. PROPOSED ORDER ............................................................ 11
VI. CERTIFICATE OF SERVICE .................................................... 12

[// GUIDANCE: Page numbers will auto-update in your word-processing program.]

I. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [DATE], at [TIME] a.m./p.m., or as soon thereafter as
counsel may be heard, in Branch ___ of the [County] County Circuit Court,
located at [Courthouse Address], the undersigned will appear on behalf of
Defendant [DEFENDANT NAME] (“Defendant”) and move the Court for an Order
dismissing Plaintiff’s Complaint pursuant to Wis. Stat. § 802.06(2).

[// GUIDANCE:
1. Confirm hearing reservation procedures with the clerk; some counties require
a separate scheduling request or a reservation number.
2. For motions without oral argument, delete the hearing language and substitute
“on submission of the briefs.” ]

II. MOTION

Pursuant to Wis. Stat. § 802.06(2) and any applicable Local Rule
([LOCAL RULE NO.]), Defendant respectfully moves the Court for an Order:

1. Dismissing the Complaint in its entirety for failure to state a claim upon
   which relief can be granted;

2. In the alternative, dismissing all claims over which this Court lacks
   personal jurisdiction;

3. In the further alternative, quashing service and dismissing the action for
   insufficient service of process;

4. Awarding Defendant its reasonable costs and disbursements associated with
   this Motion; and

5. Granting such other and further relief as the Court deems just and proper.

This Motion is based upon the accompanying Memorandum of Law, the pleadings and
papers on file, the Affidavit/Declaration of [NAME] filed herewith, and any
argument of counsel the Court may entertain.

[// GUIDANCE: Delete or add numbered paragraphs to match the specific grounds
you intend to raise.]

III. MEMORANDUM OF LAW

A. INTRODUCTION
Defendant seeks dismissal of the Complaint because Plaintiff’s allegations,
even if taken as true, do not state any legally cognizable claim and the
pleading defects cannot be cured by amendment. Additional jurisdictional and
service defects independently warrant dismissal.

B. PROCEDURAL BACKGROUND
1. Complaint filed: [DATE].
2. Service attempted/claimed on: [DATE].
3. Defendant accepted service on: [DATE] / disputes service.
4. No substantive discovery has occurred.

[// GUIDANCE: Replace with the actual procedural timeline. Consistency between
these dates and those referenced in any supporting affidavit is
critical.]

C. ISSUES PRESENTED
1. Whether the Complaint states a claim upon which relief can be granted.
2. Whether the Court lacks personal jurisdiction over Defendant.
3. Whether service of process was insufficient under Wis. Stat. § 801.11.

D. APPLICABLE STANDARD
• On a Wis. Stat. § 802.06(2)(a)6. motion, the Court must accept material
facts well-pleaded as true but need not accept legal conclusions.
• The Complaint must set forth “short and plain statements” showing
entitlement to relief. Wis. Stat. § 802.02(1)(a).
• Matters outside the pleadings convert the motion to summary judgment only
if the Court chooses to consider them. Wis. Stat. § 802.06(2)(b).

E. ARGUMENT
1. Failure to State a Claim (Wis. Stat. § 802.06(2)(a)6.)
a. Element-by-element analysis of Count I.
b. Element-by-element analysis of Count II.
c. Legal insufficiency cannot be cured by amendment because [EXPLAIN].

2. Lack of Personal Jurisdiction (Wis. Stat. § 802.06(2)(a)2.)
   a. Plaintiff bears the burden of establishing jurisdiction.
   b. Defendant lacks the “continuous and systematic” contacts required for
   general jurisdiction and did not purposefully avail itself of
   Wisconsin for the specific claims asserted.
   c. Due process considerations militate against jurisdiction.

3. Insufficient Service of Process (Wis. Stat. § 802.06(2)(a)4.;
   see also Wis. Stat. § 801.11)
   a. Plaintiff attempted service by [METHOD] on [DATE].
   b. The method used does not satisfy statutory requirements because
   [EXPLAIN].
   c. The action must therefore be dismissed or, at minimum, service quashed
   pending proper service within the statutory period.

F. REQUEST FOR ORAL ARGUMENT
Defendant believes oral argument will assist the Court in resolving the
jurisdictional and pleading issues raised and therefore respectfully
requests oral argument pursuant to [LOCAL RULE NO.] and the Court’s inherent
authority.

[// GUIDANCE: Some counties automatically schedule oral argument; others decide
on the papers. Tailor this request accordingly.]

IV. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court grant
this Motion and dismiss Plaintiff’s Complaint in its entirety, together with
such further relief as the Court deems just and proper.

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: ________
[ATTORNEY NAME]
State Bar No. [#######]
Attorneys for Defendant
Address: [Address]
Phone: [Phone]
Email: [Email]

V. PROPOSED ORDER

STATE OF WISCONSIN – CIRCUIT COURT – [COUNTY] COUNTY
[PLAINTIFF NAME] v. [DEFENDANT NAME]
Case No. [20XX-CV-____]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

The Court having considered Defendant’s Motion to Dismiss, the briefs, any
supporting affidavits, and arguments of counsel, and being fully advised in the
premises,

IT IS HEREBY ORDERED that:

1. Defendant’s Motion to Dismiss is GRANTED.
2. The Complaint is DISMISSED [with/without] prejudice.
3. Plaintiff shall pay Defendant’s taxable costs pursuant to Wis. Stat. ch. 814.
4. [Additional relief, if any.]

SO ORDERED this _ day of _, 20___.

Hon. [JUDGE’S NAME]
[Branch __], [County] County Circuit Court

VI. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of the
foregoing Notice of Motion, Motion, Memorandum of Law, and Proposed Order to be
served upon all counsel of record via the Wisconsin Court eFiling System, which
constitutes service under Wis. Stat. § 801.14(2).

[ATTORNEY NAME]

[// GUIDANCE: For parties not participating in eFiling, add service by mail or
personal delivery and attach Proof of Service as necessary.]