A Wisconsin Motion to Reopen: Large Claims Civil Cases (Milwaukee Clerk of Court) is a legal document filed with the Milwaukee County Clerk of Court to reopen a large claims civil case that has been previously closed or dismissed. This motion is often used when a party is looking to reverse a dismissal or a judgment that was previously entered. The motion must be supported by an affidavit that provides the court with evidence of why the motion should be granted. There are two different types of Wisconsin Motion to Reopen: Large Claims Civil Cases (Milwaukee Clerk of Court). The first type is a Motion to Vacate a Dismissal or Judgment, which is used to overturn a dismissal or judgment entered a large claim civil case due to a legal or procedural error. The second type is a Motion to Reopen a Case for Further Proceedings, which is used to reopen a large claims civil case that has been closed or dismissed in order to proceed with additional legal proceedings.
Wisconsin Motion to reopen: large claims civil cases(Milwaukee Clerk of Court)
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FAQ
Possible verdicts in criminal cases are guilty or not guilty. In a civil suit, the jury will find for the plaintiff or the defendant. If the jury finds for the plaintiff, it will also usually set out the amount the defendant should pay the plaintiff for damages, often after a separate hearing concerning damages.
In a criminal case, the government must prove the defendant's guilt ?beyond a reasonable doubt.? In a civil case, the plaintiff must prove his or her case by a ?preponderance of the evidence? (more than 50 percent).
Schedule a hearing on your motion to reopen. You will receive a written notice of your reopen hearing date. You should be prepared to explain why the court should reopen your case. If the judge grants your motion, you should be prepared to immediately enter your plea (e.g., not guilty, no contest, or guilty).
In civil cases, the plaintiff must prove there is a 51% or greater chance that the defendant committed all the elements of the wrong. It is possible to find the defendant liable in a civil case even though a verdict of ?not guilty? was rendered in the criminal case.
If you failed to appear for your scheduled small claims court date: if you are the defendant a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.
Because a conviction can result in serious penalties and jail time, the jury has to know the defendant is guilty ?beyond reasonable doubt.? Civil Court ? Civil cases have a much lower standard of guilt and only requires the plaintiff to prove the defendant acted negligently with a 51 percent degree of certainty.
Wisconsin's civil statute of limitations laws are generally similar to those in other states. Wisconsin's statutes of limitations range from two to six years depending on the type of case. The statutory clock starts ticking typically on the date of the incident or the discovery of the harm.
The Role of Juries The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" or "not liable" in civil cases. When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury.