Legal Memorandum: Determination of a Summary Judgment Motion

Issue: Under Wisconsin law, what is the standard employed by courts when deciding whether or not a motion for summary judgment should be granted?

Area of Law: Litigation & Procedure
Keywords: Summary judgment motion; Claim for relief has been stated
Jurisdiction: Wisconsin
Cited Cases: 354 Wis. 2d 413; 401 N.W.2d 816; 136 Wis. 2d 304; 847 N.W.2d 395
Cited Statutes: section 802.08(2), [Wis.] Stats.
Date: 06/01/2015

Determination of a summary judgment motion involves a two-step analysis. The first step requires the court to examine “‘the pleadings to determine whether a claim for relief has been stated.'” Brandenburg v. Briarwood Forestry Servs., LLC, 2014 WI 37, ¶ 24, 354 Wis. 2d 413, 847 N.W.2d 395 (citing Green Spring Farms v. Kersten, 136 Wis. 2d 304, 314-15, 401 N.W.2d 816 (1987)). Next,

If a claim for relief has been stated, the inquiry then shifts to whether any factual issues exist. Under section 802.08(2), [Wis.] Stats., summary judgment must be entered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”




Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)