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  1. #1
    Anniebell Guest

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    Who decides what happen's when you write a letter to the
    courts responding to a summons. Judge or Lawyer?
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,166
    Originally posted by Anniebell
    Who decides what happen's when you write a letter to the
    courts responding to a summons. Judge or Lawyer?
    My response:

    What happens is that you get "no where, fast". Letters are not pleadings. There is a proper format for legal pleadings. Judges will reject letters. It's the law that dictates the format of papers submitted to a judge.


    802.01
    802.01 Pleadings allowed; form of motions.
    802.01(1)
    (1) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under s. 803.05, and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a further pleading to a reply or to any answer.

    802.01(2)
    (2) Motions.
    802.01(2)(a)
    (a) How made. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. Unless specifically authorized by statute, orders to show cause shall not be used.

    802.01(2)(b)
    (b) Supporting papers. Copies of all records and papers upon which a motion is founded, except those which have been previously filed or served in the same action or proceeding, shall be served with the notice of motion and shall be plainly referred to therein. Papers already filed or served shall be referred to as papers theretofore filed or served in the action. The moving party may be allowed to present upon the hearing, records, affidavits or other papers, but only upon condition that opposing counsel be given reasonable time in which to meet such additional proofs should request therefor be made.

    802.01(2)(c)
    (c) Recitals in orders. All orders, unless they otherwise provide, shall be deemed to be based on the records and papers used on the motion and the proceedings theretofore had and shall recite the nature of the motion, the appearances, the dates on which the motion was heard and decided, and the order signed. No other formal recitals are necessary.

    802.01(2)(d)
    (d) Formal requirements. The rules applicable to captions, signing and other matters of form of pleadings apply to all motions and other papers in an action, except that affidavits in support of a motion need not be separately captioned if served and filed with the motion. The name of the party seeking the order or relief and a brief description of the type of order or relief sought shall be included in the caption of every written motion.

    802.01(2)(e)
    (e) When deemed made. In computing any period of time prescribed or allowed by the statutes governing procedure in civil actions and special proceedings, a motion which requires notice under s. 801.15 (4) shall be deemed made when it is served with its notice of motion.

    802.01(3)
    (3) Demurrers and pleas abolished. Demurrers and pleas shall not be used.

    802.01 - ANNOT.
    History: Sup. Ct. Order, 67 Wis. 2d 585, 614 (1975); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 171 Wis. 2d xix (1992).

    802.01 - ANNOT.
    Judicial Council Committee's Note on sub. (1), 1981: See 1981 Note to s. 802.02 (4). [Re Order effective Jan. 1, 1982]

    802.02
    802.02 General rules of pleading.
    802.02(1)
    (1) Contents of pleadings. A pleading or supplemental pleading that sets forth a claim for relief, whether an original or amended claim, counterclaim, cross claim or 3rd-party claim, shall contain all of the following:

    802.02(1)(a)
    (a) A short and plain statement of the claim, identifying the transaction or occurrence or series of transactions or occurrences out of which the claim arises and showing that the pleader is entitled to relief.

    802.02(1)(b)
    (b) A demand for judgment for the relief the pleader seeks.

    802.02(1m)
    (1m) Relief demanded.
    802.02(1m)(a)
    (a) Relief in the alternative or of several different types may be demanded. With respect to a tort claim seeking the recovery of money, the demand for judgment may not specify the amount of money the pleader seeks.
  3. #3
    Anniebell Guest
    wow what an answer God Bless you for taking the time to write all this out. I would think the law could be alittle
    easier for folks like us who made a big mistake going to
    the bank for a start-up loan. We are in great need of a miricle or a great Act of God's will. Which ever comes first. I would like to say this is easy problem however you
    make it sound very serious. Is this serious? I am the third
    party that is going to lose the only house my daughter and
    I ever known. I guest that's what I get for trusting a man.
    Sorry no cut intended. I know this business has inventory
    that we could give the bank. Everything went into the business. What a let down. Thanks again for your wonderful
    answer's.
    Smile God love's you
    Anniebell

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