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Civil Procedure — prison mailbox rule

By: WISCONSIN LAW JOURNAL STAFF//October 30, 2014//

Civil Procedure — prison mailbox rule

By: WISCONSIN LAW JOURNAL STAFF//October 30, 2014//

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Wisconsin Court of Appeals

Civil

Civil Procedure — prison mailbox rule

Anthony Ellis, an inmate at a state correctional center, appeals pro se from the circuit court’s order dismissing Ellis’s small claims trial demand as untimely. Ellis argues that his demand was timely under the “prison mailbox rule,” a tolling rule that courts have applied to certain types of filings by prisoners. See, e.g., State ex rel. Griffin v. Smith, 2004 WI 36, ¶¶36-37, 270 Wis. 2d 235, 677 N.W.2d 259. Assuming, without deciding, that the rule applies to small claims trial demands, I agree with the State that Ellis failed to submit the type of proof that is required to receive the benefit of the rule. I therefore affirm the circuit court’s dismissal order. This opinion will not be published.

2014AP1632 Ellis v. Miller et al.

Dist IV, Dane County, Genovese, J., Lundsten, J.

Attorneys: For Appellant: Ellis, Anthony, pro se; For Respondent: Nitti, Jonathan M, Madison; Russomanno, Anthony, Madison

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