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An action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action.
If no request for a trial is filed on time, the Commissioner's decision is the final decision of the Small Claims Court. This is usually before a Circuit Judge, but can be before a jury. There is no extra fee for this trial, unless a jury is requested.
The purpose of the notice of retainer is to indicate to the court who you are representing. The court may already know who you are representing, and can add you as the attorney of record for the appropriate party before you opt in.
How much does it cost to sue in small claims court? Various fees and surcharges must be paid, and many are subject to change. Presently the filing fee is $94.50. In Milwaukee County the fee is $98.
In small claims court, you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish.
Wisconsin's statutes of limitations range from two to six years depending on the type of case. The statutory clock starts ticking typically on the date of the incident or the discovery of the harm. Statute of limitations laws are designed to create general fairness and practicability when people are filing lawsuits.
There are no statewide, standard forms for large claims. You must draft your own documents. Start a civil lawsuit by filing a summons and a complaint. Summonses and complaints will be different in each case. The court cannot specify what information these documents should contain.
Purpose: Attorneys can withdraw from a case by eFiling a Motion and Order to Withdraw as Counsel. After the clerk of court processes the document and enters a withdrawn date on the case, the attorney receives an email notification confirming withdrawal.