This form is a generic motion for partial summary judgment on the issue of liability. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
The Wisconsin General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document that allows a plaintiff in a lawsuit to seek summary judgment on the issue of liability, while also requesting a separate trial to determine the damages. This form provides a structured framework for plaintiffs to present their arguments and evidence to the court, aiming to establish that there is no genuine dispute of material fact regarding liability in the case. Keywords: Wisconsin, General Form, Partial Motion, Summary Judgment, Plaintiff, Issue of Liability, Notice of Motion, Request for Separate Trial, Damages. Types of Wisconsin General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages: 1. Strict Liability: This type of partial motion for summary judgment focuses on cases where the plaintiff is asserting strict liability against the defendant. Strict liability claims typically involve products liability cases, where the plaintiff contends that a defective product caused their injury and the defendant should be held liable regardless of fault. 2. Negligence: In negligence cases, the plaintiff seeks summary judgment on the issue of liability by demonstrating that the defendant's failure to exercise reasonable care directly caused the plaintiff's injury. This form of summary judgment motion aims to establish that there is no genuine dispute of material fact as to the defendant's negligence. 3. Intentional Torts: Partial motions for summary judgment on the issue of liability can also be pursued in cases involving intentional torts. These motions highlight the plaintiff's argument that the defendant deliberately committed a wrongful act, such as assault, battery, or defamation, leading to the plaintiff's harm. 4. Premises Liability: This type of partial motion for summary judgment is relevant to cases where the plaintiff was injured on the defendant's property due to dangerous conditions or inadequate maintenance. The plaintiff would seek to establish that the defendant was liable for their injuries resulting from the dangerous condition. 5. Professional Negligence: In professional malpractice cases, such as medical or legal negligence, the plaintiff may file a partial motion for summary judgment on the issue of liability. This motion aims to demonstrate that the defendant failed to meet the professional standard of care and that their negligence directly caused harm to the plaintiff. It is important to note that while these are some common types of partial motions for summary judgment in Wisconsin, the form can be adapted to suit the specific legal issues and facts of each case. Consulting with an attorney is essential for properly completing the form to ensure compliance with the relevant laws and rules of the Wisconsin court.
