Wisconsin Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

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US-02686BG
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Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

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FAQ

The deadline to file a reply is 14 days before the motion hearing date. You may not file a response to a reply without permission from the Court. Federal Pro Se Clinic ? Roybal Courthouse ? 255 East Temple Street, Suite 170 ? Los Angeles, CA 90012 ? (213) 385-2977 ext.

The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.

Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.

It's important to remember that the grounds for dismissing a case must be stated in the first document filed with the court; otherwise, the issue is deemed waived. The motion must be filed with the court and served on the opposing party. After that, the other party has a couple of weeks to respond to the motion.

A party shall plead in response to an amended pleading within 20 days after service of the amended pleading unless: a) the court otherwise orders; or b) no responsive pleading is required or permitted under s.

To vacate a default judgment under sub. (1) (a), the moving party must set forth a meritorious defense, which is a defense good at law that would survive a motion for judgment on the pleadings.

A defendant may file a motion to dismiss for failure to state a claim after filing an answer. A defendant who raises the defenses of failure to state a claim or the statute of limitations in an answer does not forfeit the right to bring those defenses on for disposition by subsequent motion.

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Wisconsin Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint