This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is a legal procedure utilized in Wisconsin when a defendant claims that the plaintiff's case should be dismissed due to the expiration of the statute of limitations. This motion essentially argues that the plaintiff has waited too long to file their lawsuit, and therefore, their rights to seek legal action have been extinguished. In Wisconsin, there are different types of motions to dismiss based on the statute of limitations, including: 1. Wisconsin Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations — General: This type of motion is applicable when any cause of action brought by the plaintiff is time-barred under the specific statute of limitations. It asserts that the plaintiff's right to sue has been completely eliminated due to their failure to file the lawsuit within the defined statutory period. 2. Wisconsin Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations — Specific Claim: This motion is filed when a particular cause of action within the plaintiff's case is time-barred, while other claims may still be valid. Defendants argue that the specific claim being challenged does not fall within the allowed time frame and therefore should be dismissed with prejudice. 3. Wisconsin Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations — Tolling: Tolling refers to circumstances in which the statute of limitations is paused or delayed, allowing the plaintiff to file a lawsuit beyond the normal time limit. If the defendant believes that the tolling exception does not apply in the given case, they can file a motion to dismiss, asserting that the plaintiff's claim should still be barred by the statute of limitations, with prejudice. It is important to note that when a motion to dismiss with prejudice is granted, it means that the plaintiff is permanently prohibited from pursuing the current cause of action. The dismissal is final, and the plaintiff is typically unable to refile the claim in the future. Overall, a Wisconsin Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is a legal maneuver employed to challenge the timeliness of a plaintiff's lawsuit based on the expiration of the statute of limitations. Different types of motions may be used depending on the circumstances of the case, such as a general motion, a motion specific to a particular claim, or a motion addressing tolling exceptions.
