Legal Question in Civil Litigation in Wisconsin

How do I oppose a dismissal and summary judgement in plaintiffs favor? The dismissal and summary judgement was submitted to the court because my old lawyer had not followed civil court procedures and submitted uncompleted answers on my behalf. What are my options? (I know I need a lawyer, If I can afford one, I would get one but I cannot and thats why I am here) Thank you in advance for any advice or at least tell me what my options are to avoid a summary judgement against me. Thank you!


Asked on 5/30/17, 6:28 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Unfortunately, you are unlikely to avoid dismissal on your own, because summary judgment and other civil litigation procedures are too complex for non-professionals to navigate successfully (and, as you noted about your prior lawyer, are even difficult for some lawyers). In a nutshell, however, summary judgment can be granted when there is no longer any issue of material fact in dispute. This is only logical, since it would be silly to proceed to a trial if you have already admitted all the facts needed for the other side to win. If you still contest some of these facts (or have failed to properly dispute them in your discovery answers), your goal now would be to correct that situation, although there is no way for me to advise exactly how you should do that now, without reviewing the entire pasts court record in your case. I wish you the best of luck, although I sincerely doubt that you will be successful without representation by an experienced civil litigation attorney.

This answer is not legal advice and I am not your lawyer just because I answered it on a public website. Feel free to view my past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising. .

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Answered on 6/04/17, 5:03 am


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