Civil Procedure — demand for jury trial — excusable neglect

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Wisconsin Court of Appeals

Civil

Civil Procedure — demand for jury trial — excusable neglect

This appeal concerns whether the circuit court properly revived New Glarus Brewing Company’s right to demand a jury trial after New Glarus’s counsel, under Wis. Stat. § 805.01, waived New Glarus’s right to a jury trial at the scheduling conference. Schoh argues that the circuit court erroneously extended the deadline for demanding a jury trial, in the absence of excusable neglect, after the deadline had expired, as required by Wis. Stat. § 801.15(2)(a). New Glarus concedes waiver at the scheduling conference, but argues that the court was empowered by Wis. Stat. § 802.10(3)(e) to issue an order giving New Glarus additional time and, if we disagree with that argument, that reversal is not required either because New Glarus demonstrated excusable neglect or because the error was harmless. We agree with Schoh that a finding of excusable neglect was required, that the circuit court erred in finding excusable neglect, and that the error was not harmless. Accordingly, we reverse and remand for further proceedings. This opinion will not be published.

2011AP1351 Schoh v. New Glarus Brewing Company

Dist IV, Green County, Beer, J., Per Curiam

Attorneys: For Appellant: Packard, Tamara, Madison; For Respondent: Cochrane, Drew J., Madison