The Wisconsin Supreme Court recently issued an order adopting a modification to the state’s default-judgment rule.

The Wisconsin Supreme Court’s public hearing on Thursday was a short one, with just one justice voicing concerns about a proposed rule change.

The Wisconsin Supreme Court will be holding a public hearing next month on a proposal to change the state’s default-judgment rule.

The Judicial Council will be asking the Wisconsin Supreme Court to change the state’s default judgment rule so defendants may file a motion for default judgment when an opposing party fails to answer a counterclaim or cross-claim.

2012AP995, 2012AP996, 2012AP997 County of Shawano v. Buntrock

2011AP2890 Bates v. Hofacker

11-3369 Wehrs v. Wells

2011AP1722 Dorn v. Johnson

2011AP453 Wisconsin & Southern Railroad Company v. City of Waukesha

2011AP2186 Johnson Bank v. BV Nicolet LLC, et al.

2010AP2148, 2010AP2149, 2010AP2150, 2011AP117 Joyce, et al. v. PepsiCo Inc., et al.

2011AP479 Le v. Tjoe, et al.

2011AP1777 Equity Assets Limited LLC vs. Garland, et al.

2011AP537 Ameritech Publishing Inc. v. Integrity Construction Group Inc.

2011AP430 County of Washington v. Walker

Civil Procedure Default judgment; excusable neglect

Civil Procedure Default judgment; excusable neglect

Civil Procedure Default judgment; motions to vacate A party may, nearly a year after the entry of a default judgment, move to vacate the judgment on the ground that it was void for a lack of personal jurisdiction. “[T]he defendants’ letter to the district court did not constitute an appearance or submit the defendants to the district court’s jurisdiction. Although ...

Employment Worker’s compensation; default judgment Default judgment is unavailable to plaintiffs in worker’s compensation actions when the employer has timely answered. “[W]e first note that nowhere does the statute provide for default judgment.  Additionally, § 102.23(1)(e) expressly provides that the administrative order at issue may only be set aside for the following grounds:  (1) that the Commission acted without or ...

Civil Procedure Default judgment; motions to reopen; excusable neglect Paul Smith appeals the order denying his motion to reopen the case, in which a default judgment for replevin of his vehicle had been entered. He argues that his failure to appear at the initial hearing was caused by excusable neglect and, if the case were reopened, he would prevail. We ...

Civil Procedure Default judgment; credibility A court is not required to credit the only testimony offered. “Hodges appears to presuppose that the district court could compel Johns to appear. This is simply not the case; foreign nationals are beyond the court’s subpoena power. See 28 U.S.C. § 1783; United States v. Drogoul, 1 F.3d 1546, 1553 (11th Cir. 1993). Thus, ...

Civil Procedure Default judgment; personal jurisdiction Where the plaintiff named the wrong defendant, and the trial court permitted the plaintiff to amend the complaint and then immediately entered default judgment, the judgment must be reversed. “Here, the trial court permitted Johnson to amend the pleadings to name Cintas No. 2, and then immediately granted default judgment-without affording Cintas No. 2 ...