How much notice must a Wisconsin motion for summary judgment give before the hearing?

At least 20 calendar days before the date fixed for the hearing. Because this period exceeds 11 days, weekends and holidays are not excluded from the count (Wis. Stat. section 802.08(2); section 801.15(1)(b)).

I was served with a Wisconsin motion for summary judgment. When are my opposing affidavits due?

At least 5 days before the hearing date, counted backward from the hearing rather than forward from the date you were served. Because this period is under 11 days, it is computed by excluding Saturdays, Sundays, and holidays (Wis. Stat. section 802.08(2); section 801.15(1)(b)).

Does Wisconsin count the 5-day opposing affidavit deadline the same way as the 20-day notice period?

No. The 20-day notice period is counted as calendar days because it exceeds 11 days. The shorter 5-day opposing affidavit period is under 11 days, so Saturdays, Sundays, and holidays are excluded from that count, which pushes the deadline further before the hearing than a simple 5-calendar-day count would (Wis. Stat. section 801.15(1)(b)).

Is there a deadline for filing a Wisconsin motion for summary judgment?

Generally yes. A party may move for summary judgment within 8 months of the filing of the summons and complaint, or within the time set in a scheduling order under Wis. Stat. section 802.10, which supersedes the 8-month default (Wis. Stat. section 802.08(1)).

What standard does a Wisconsin court use to decide a motion for summary judgment?

The court renders judgment if the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. This text has not been substantively amended since 2007 Wisconsin Act 97 (Wis. Stat. section 802.08(2)).

Does Wisconsin require a separate statement of undisputed material facts?

Not under the statute. Unlike some states, Wisconsin's statute does not require a standalone separate statement. The motion is built directly on the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits (Wis. Stat. section 802.08(2)).

Can a Wisconsin court grant summary judgment to a party that never filed the motion?

Yes. If it appears that the party against whom a motion for summary judgment is directed is the one entitled to summary judgment, the court may award it to that party even though the party did not move for it (Wis. Stat. section 802.08(6)).

If the other side does not respond to a Wisconsin motion for summary judgment, is it automatically granted?

No. The court must still find that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law before granting the motion, whether or not the other side responds.

Wisconsin Motion for Summary Judgment

Q: Can a party get partial summary judgment in Wisconsin?

Yes, in substance. A motion may target a single claim, counterclaim, cross claim, or third-party claim, and the court may render an interlocutory judgment on liability alone while the amount of damages remains genuinely disputed. Wisconsin has no separate procedure or label for this, unlike California's summary adjudication (Wis. Stat. section 802.08(1), (2)).

Wisconsin requires the motion to be served at least 20 calendar days before the hearing, while opposing affidavits are due at least 5 days before that same hearing, a shorter period computed by excluding Saturdays, Sundays, and holidays under Wis. Stat. section 801.15(1)(b).

Find out where you stand in Wisconsin

Which side of the motion are you on?

DocDraft provides document preparation, not legal advice.

Introduction

In Wisconsin, a party moving for summary judgment must serve the motion at least 20 calendar days before the date fixed for the hearing, and that 20-day period is not shortened for weekends or holidays because it exceeds 11 days (Wis. Stat. section 801.15(1)(b)). The adverse party must then serve any opposing affidavits at least 5 days before that same hearing date; because this shorter period falls under 11 days, it is computed by excluding Saturdays, Sundays, and holidays under section 801.15(1)(b), so the deadline falls further before the hearing than a simple 5-calendar-day count would, even though the statute itself does not use the term court days (Wis. Stat. section 802.08(2)). A motion for summary judgment generally may be filed within 8 months of the filing of the summons and complaint, or within whatever time a scheduling order under Wis. Stat. section 802.10 sets instead, since a scheduling order supersedes the 8-month default (Wis. Stat. section 802.08(1)). Wisconsin's summary judgment standard, that the moving party is entitled to judgment as a matter of law if there is no genuine issue as to any material fact, has not been substantively amended since 2007 Wisconsin Act 97 (Wis. Stat. section 802.08(2)). Supporting and opposing affidavits must be made on personal knowledge and set forth evidentiary facts that would be admissible in evidence, with copies of any referenced papers attached and served (Wis. Stat. section 802.08(3)); unlike California or Arizona, Wisconsin's summary judgment statute does not itself require a separate statement of undisputed material facts. A motion may target a single claim, counterclaim, cross claim, or third-party claim, and the court may render an interlocutory judgment on liability alone while the amount of damages remains disputed (Wis. Stat. section 802.08(1), (2)); the court may also award summary judgment to the party against whom the motion was filed, even though that party never moved for it (Wis. Stat. section 802.08(6)). This page covers a civil motion for summary judgment in Wisconsin circuit court. If you are asking a court to test the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default; and a federal civil case follows Federal Rule of Civil Procedure 56, not this state rule, and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the other side fails to respond. Attorney review is available before you file or respond.

Key Things to Know

1
A Wisconsin motion for summary judgment must be served at least 20 calendar days before the hearing; the adverse party's opposing affidavits are due at least 5 days before that hearing, computed by excluding Saturdays, Sundays, and holidays because the period is under 11 days (Wis. Stat. section 802.08(2); section 801.15(1)(b)).
2
If you were served with a Wisconsin summary judgment motion, your opposing affidavit deadline is counted backward from the hearing date, not forward from the date you were served, and each affidavit must be made on personal knowledge and set forth admissible evidentiary facts (Wis. Stat. section 802.08(2), (3)).
3
A motion generally must be filed within 8 months of the filing of the summons and complaint, or within the time set in a scheduling order under Wis. Stat. section 802.10, which supersedes the 8-month default (Wis. Stat. section 802.08(1)).
4
Wisconsin grants summary judgment when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law; the statute's text has not been substantively amended since 2007 Wisconsin Act 97, unlike states that revised their rules after 2020 (Wis. Stat. section 802.08(2)).
5
Wisconsin's summary judgment statute does not itself require a separate statement of undisputed material facts; the motion is built directly on the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits (Wis. Stat. section 802.08(2)).
6
A Wisconsin summary judgment motion is not automatically granted just because the other side does not respond; the court must still find no genuine issue as to any material fact. The court may also award summary judgment to the party who never filed the motion, if that party turns out to be the one entitled to it (Wis. Stat. section 802.08(6)).
7
This page covers only a Wisconsin circuit court motion for summary judgment. To challenge a complaint's sufficiency, see DocDraft's motion to dismiss page; to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56 and is outside the scope of this page.

Key decisions before you file

Before you file a Motion for Summary Judgment in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

STATE OF WISCONSIN CIRCUIT COURT [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] Case Code [CASE CLASSIFICATION CODE] [DEFENDANT NAME], Defendant.

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: ON LIABILITY ONLY]

PLEASE TAKE NOTICE that on [HEARING DATE], at [HEARING TIME], before the Honorable [JUDGE NAME], [COUNTY] County Circuit Court, Branch [BRANCH NUMBER], located at [COURT ADDRESS], [NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, will move the Court for summary judgment under Wis. Stat. section 802.08 [IF APPLICABLE: on the issue of liability alone under Wis. Stat. section 802.08(2), leaving the amount of damages for trial] [IF APPLICABLE: as to the following claim, counterclaim, cross claim, or third-party claim: DESCRIPTION OF THE CLAIM]. This motion and the papers supporting it are served at least 20 calendar days before the hearing date set above, as required by Wis. Stat. section 802.08(2).

MOTION AND GROUNDS

The pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits filed in support of this motion, show that there is no genuine issue as to any material fact and that [NAME OF MOVING PARTY] is entitled to judgment as a matter of law, under Wis. Stat. section 802.08(2).
[IF APPLICABLE: A genuine issue remains only as to the amount of damages, and Movant seeks an interlocutory summary judgment on the issue of liability alone under Wis. Stat. section 802.08(2).]

SUPPORTING AFFIDAVITS AND RECORD

This motion is supported by [IF APPLICABLE: the affidavit of AFFIANT NAME, dated AFFIDAVIT DATE, and] the pleadings, depositions, answers to interrogatories, and admissions on file in this action. Each affidavit supporting this motion is made on personal knowledge and sets forth such evidentiary facts as would be admissible in evidence, as required by Wis. Stat. section 802.08(3). Copies of all papers referred to in an affidavit are attached to that affidavit and served with it.
[IF APPLICABLE: ADDITIONAL EVIDENTIARY MATERIAL SUPPORTING THE MOTION.]

MEMORANDUM

[NAME OF MOVING PARTY] is entitled to judgment as a matter of law on the pleadings, affidavits, and other papers on file identified above for the following reasons: [LEGAL ARGUMENT AND AUTHORITY].

NOTICE TO ADVERSE PARTY

Under Wis. Stat. section 802.08(2), opposing affidavits, if any, must be served at least 5 days before the hearing, computed by excluding Saturdays, Sundays, and holidays under Wis. Stat. section 801.15(1)(b). Under Wis. Stat. section 802.08(3), an adverse party may not rest upon the mere allegations or denials of the pleadings, and absent a proper response, summary judgment, if appropriate, shall be entered against that party.

RELIEF REQUESTED

WHEREFORE, [NAME OF MOVING PARTY] respectfully requests that the Court grant summary judgment [IF APPLICABLE: on the issue of liability alone, leaving the amount of damages for trial,] [IF APPLICABLE: as to DESCRIPTION OF THE CLAIM,] in favor of [NAME OF MOVING PARTY] and against [NAME OF OPPOSING PARTY], and grant such other relief as the Court deems just.

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, WISCONSIN ZIP] [PHONE] [EMAIL] [STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], being at least 20 calendar days before the hearing date set above, a true and correct copy of this Notice of Motion and Motion for Summary Judgment, together with the supporting affidavits and papers referenced above, was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Wisconsin Requirements for Motion for Summary Judgment

20-Day Notice Before the Hearing
The motion must be served at least 20 days before the date fixed for the hearing; because this period exceeds 11 days, it is counted as calendar days without excluding weekends or holidays (Wis. Stat. section 802.08(2); section 801.15(1)(b)).
5-Day Opposing Affidavit Deadline Excludes Weekends and Holidays
The adverse party must serve any opposing affidavits at least 5 days before the hearing; because this period is under 11 days, Saturdays, Sundays, and holidays are excluded from the count (Wis. Stat. section 802.08(2); section 801.15(1)(b)).
8-Month Filing Deadline From Commencement
A party may move for summary judgment within 8 months of the filing of the summons and complaint, or within the time set in a scheduling order under Wis. Stat. section 802.10, which supersedes the 8-month default (Wis. Stat. section 802.08(1)).
No Amendment Since 2007 Wisconsin Act 97
The substantive text of Wis. Stat. section 802.08 has not been amended since 2007 Wisconsin Act 97, unlike states such as California or Florida that revised their summary judgment rules after 2020 (Wis. Stat. section 802.08).
No Statutory Separate Statement of Undisputed Facts
Wisconsin's summary judgment statute does not itself require a standalone separate statement of undisputed material facts; the motion is built directly on the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits (Wis. Stat. section 802.08(2)).
Affidavits Made on Personal Knowledge With Attached Exhibits
Supporting and opposing affidavits must be made on personal knowledge, set forth evidentiary facts admissible in evidence, and have copies of any referenced papers attached and served with the affidavit (Wis. Stat. section 802.08(3)).
Interlocutory Judgment on Liability Alone
The court may render an interlocutory summary judgment on the issue of liability alone even though a genuine issue remains as to the amount of damages (Wis. Stat. section 802.08(2)).
Sua Sponte Judgment for the Non-Moving Party
If it appears that the party against whom a motion for summary judgment is directed is the one entitled to it, the court may award summary judgment to that party even though the party did not move for it (Wis. Stat. section 802.08(6)).
Bad-Faith Affidavit Fee-Shifting Sanction
If affidavits are filed in bad faith or solely to delay, the court must order the party who filed them to pay the other party's reasonable expenses caused by the filing, including reasonable attorney fees (Wis. Stat. section 802.08(5)).

Find out where you stand in Wisconsin

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Wisconsin Requirements for Motion for Summary Judgment

20-Day Notice Before the Hearing

5-Day Opposing Affidavit Deadline Excludes Weekends and Holidays

8-Month Filing Deadline From Commencement

No Amendment Since 2007 Wisconsin Act 97

No Statutory Separate Statement of Undisputed Facts

Affidavits Made on Personal Knowledge With Attached Exhibits

Interlocutory Judgment on Liability Alone

Sua Sponte Judgment for the Non-Moving Party

Bad-Faith Affidavit Fee-Shifting Sanction

Frequently Asked Questions