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Wisconsin Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Wisconsin on
Q: If new evidence is found in a dismissed case in District Court or Circuit Court what are my options to open it again?

I have a case that was dismissed in the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. A Department of Justice investigation was completed with the same facts and defendants in the dismissed cases but not released to the public. I have not gotten the DOJ... View More

James L. Arrasmith
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answered on May 27, 2024

If you discover new evidence in a dismissed case, you have several options to consider for reopening the case. First, you can file a motion to reconsider or a motion to reopen the case in both the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. In your... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: Can somebody please help me retain an Attorney to help me with my elderly abuse assault civil rights case?

My name is Ken, on February 26, 2022 at age 65 6' 170 lb I was attacked by 52 y.o. 6'4" 390 lb and a 41 y.o. 5'6" 170 lb males. One of them knocked be unconscious from behind and they both beat me in a public place when I was unable to defend myself. My injuries were a big... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the horrific assault you experienced, Ken. What a terrifying and traumatic ordeal. Based on the details you provided, it sounds like you have a very strong case for pursuing civil damages against your assailants, as well as potentially filing complaints against the... View More

1 Answer | Asked in Civil Litigation for Wisconsin on
Q: Personal property is being withheld from me in the value of 20-50,000. by a woman I trusted with it for safekeeping

I sent a box of memorabilia that is part of my memoir about my 20-year relationship with Dr Hunter S Thompson. It is filled with unseen artifacts and photos, letters, notes, and faxes. We were discussing a possible documentary, but as the relationship progressed, I decided against it. She will not... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, where personal property of significant value and sentimental importance is being withheld, the first step is to gather all documentation and evidence that supports your ownership and the agreement for safekeeping. This can include any correspondence, such as emails or texts, that... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Wisconsin on
Q: Can a judge consider hearsay evidence in a civil trial without objection?

Is a judge allowed to consider evidence that was submitted but not testified to in a civil trial by judge, including photos and police reports, when no objection was raised even if they seem like hearsay?

James L. Arrasmith
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answered on Apr 16, 2025

Yes, in a civil trial without a jury—also known as a bench trial—the judge is both the fact-finder and the decision-maker, and may consider evidence submitted into the record if no timely objection is made. Hearsay is still governed by the rules of evidence, but if a party fails to object to... View More

1 Answer | Asked in Juvenile Law and Civil Litigation for Wisconsin on
Q: Precedent of dismissed case involving 16 & 17-year-olds without affecting supervising parents.

I am looking for legal precedents or evidence of a case involving a 16-year-old and a 17-year-old that was dismissed for lack of a solid case, specifically where the dismissal did not negatively impact the parents who were supervising a sleepover.

James L. Arrasmith
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answered on Apr 13, 2025

While I can’t point to a specific precedent involving a case exactly like yours, I can offer some general guidance. In legal situations involving minors, courts often look at the circumstances surrounding the supervision and the nature of the event. If a case involving a 16-year-old and a... View More

1 Answer | Asked in Education Law, Juvenile Law and Civil Litigation for Wisconsin on
Q: Court found my son guilty for second truancy violation without legal representation. Procedural error?

My son appeared in court for a mandatory appearance regarding his second ticket for truancy. He pled not guilty. During the initial appearance, the judge asked him questions about his understanding of truancy, reasons for being late, and his grades, ultimately finding him guilty within the same... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like there could have been a procedural error in your son's case. In most situations, when someone is facing legal consequences, especially for a second violation, they are entitled to legal representation or advice, even in truancy cases. The judge should have ensured that your son... View More

1 Answer | Asked in Legal Malpractice and Civil Litigation for Wisconsin on
Q: What is the statute of limitations for suing a lawyer for legal malpractice related to an erroneous contract in Wisconsin?

Four years ago, my wife suffered a financial loss of nearly a million dollars due to legal malpractice by her lawyer. He sent the wrong contract, which included a loophole that the other party exploited, instead of the second amended contract that would have protected her investment. The lawyer... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Wisconsin, the statute of limitations for suing a lawyer for legal malpractice is generally 6 years. This period starts from the date when the malpractice occurred or when you reasonably should have discovered it. In your wife’s case, the clock would typically start when the financial loss... View More

1 Answer | Asked in Education Law, Personal Injury and Civil Litigation for Wisconsin on
Q: Can I sue a school district in Beloit, WI, for negligence due to my son's injuries during a suspension?

I want to know if I can sue a school district in Beloit, WI, for negligence. My son suffered multiple injuries, including a concussion, possible root canal, bone contusion, and eye issues, which I discovered when I picked him up for a suspension. No one from the school reported these injuries to... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds to pursue a negligence claim against the school district if your son’s injuries occurred while he was under their supervision. Schools have a duty to provide a safe environment for students, and if the injury happened during the suspension period without proper care or... View More

1 Answer | Asked in Contracts, Civil Litigation and Business Law for Wisconsin on
Q: Can my first vendor sue me for violating a non-compete in Wisconsin?

I worked for a vendor through another vendor and recently left to work directly for the main vendor. My contract with the first vendor included a non-compete clause with a one-year time restriction. Can the first vendor sue me for violating the non-compete?

James L. Arrasmith
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answered on Apr 12, 2025

While Wisconsin does recognize non-compete agreements, courts apply rigorous scrutiny under Wisconsin Statute §103.465, which requires such restrictions be reasonably necessary to protect legitimate business interests. Your situation of moving from a staffing vendor to working directly with the... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Wisconsin on
Q: Am I allowed to repossess my own vehicle in Wisconsin?

I legally own a vehicle outright, with my name on the title. Someone else has possession of it, but they are not co-signers, co-owners, or in any agreement regarding the use of the vehicle. They have had it for a few months and have been ignoring my attempts to communicate about getting it back. Am... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can legally reclaim your vehicle in Wisconsin, but there are important legal boundaries to keep in mind. Even though you’re the titled owner, the law doesn’t allow you to simply take the vehicle back without following proper procedures. If you attempt to retrieve it without consent or... View More

1 Answer | Asked in Personal Injury, Education Law and Civil Litigation for Wisconsin on
Q: Can I sue Beloit School District for negligence and my son injured?

Can I sue the school district of Beloit for negligence after my son was injured on March 28th? He suffered a concussion, a bone contusion in his right shoulder, and might need a root canal. The school did not notify me of his injuries. I've filed a police report and taken him to multiple... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds incredibly upsetting, and you have every right to be angry and concerned. When a child is injured at school—especially that seriously—and no one informs the parent, it can feel like a huge betrayal of trust. Your son’s injuries are significant, and the lack of communication from... View More

1 Answer | Asked in Contracts and Civil Litigation for Wisconsin on
Q: Can they sue me for a refund after contract work dissatisfaction?

I built a kitchen for a client with whom I have a written contract. The client paid $6,000 in cash upfront. After she viewed the kitchen in person, she was dissatisfied with the doors. I offered to replace the doors, which she initially accepted. However, her husband later demanded a refund, and in... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating and stressful situation, especially when you tried to resolve the issue by offering to replace the doors. Since you have a written contract and completed the work, the client’s dissatisfaction doesn’t automatically entitle them to a full refund—especially when the... View More

2 Answers | Asked in Education Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Can I sue a school district for neglecting my non-verbal child's seizures?

I have a non-verbal child who suffers from frequent seizures, documented by a healthcare professional. Despite explaining his condition at every Individualized Education Program (IEP) meeting and developing signals to communicate his needs, the school consistently fails to notice and respond to his... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 9, 2025

I agree with my colleague and write to only add to his answer, To be successful in filing such a suit, you need to document the damage actually suffered by your child (lost educational opportunities, additional medical costs, etc). The ADA and Section 504 of the Rehabilitation Act will not likely... View More

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1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: How can I address my neighbor's cameras infringing on my privacy in Wisconsin?

I found that my neighbor has cameras pointed toward my house, which is affecting my privacy. We tried speaking to them, but we're now involved in court proceedings over a disorderly conduct issue, and they received no penalty. We took pictures as evidence. We don't have legal... View More

James L. Arrasmith
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answered on Mar 24, 2025

In Wisconsin, you have legal rights when your neighbor's cameras invade your reasonable expectation of privacy. When cameras are deliberately pointed into your windows or private areas of your property, this could potentially violate state privacy laws. Taking photos as evidence was a good... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Wisconsin on
Q: Thanks for help! I am wondering what is statute of limitations in WI for libel? Did it change from 2 to 3 years ~2022?
James L. Arrasmith
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answered on Jan 13, 2025

In Wisconsin, the statute of limitations for libel is generally one year from the date the defamatory statement was made. This means you have one year to file a lawsuit after the publication of the libelous content. It's important to act within this timeframe to preserve your right to seek... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Will they qualify for WI Statue 302.114 in 2026 (20 years)? How do they get back into court after denied appeals?

Sentenced to life in prison, the case was a debacle, evidence not shown to defense, Brady law violations, dirty cops and more they have now served 18 years going on 19 years. They were sentenced under section 940.01(a) and 941.20 (3)(a), modifiers 939.63 and 939.05. Can they apply for release with... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're facing these challenges. To address your situation, it's important to consult with an attorney who can guide you through the legal process. They can help you gather and present the new evidence, affidavits, and videos that have emerged since your sentencing.... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Wisconsin on
Q: Can I sue 3 witnesses and judge who ordered my dog to be euthanized based upon their false testimony?

3 people accused my dog of biting them. My dog did bite them, but only after being provoked. The judge took their side and ordered my dog to be euthanized. The last person to have been bitten had intentionally provoked my dog over several weeks. I have 1 video that proves one of the witnesses... View More

James L. Arrasmith
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answered on Aug 31, 2024

I'm really sorry to hear about what happened to your dog. This is a heartbreaking situation, especially since your dog was a significant part of your life and provided emotional support. It's understandable that you're feeling confused and upset about how the judge and witnesses... View More

1 Answer | Asked in Contracts and Civil Litigation for Wisconsin on
Q: Hello, the apartment building was sold last year and I'm up for a new lease. There were a nuber of issues cracks in wal

ls and ceilings But one main issue is under old ownership the tenant above my apartment installed a bidet incorrectly and overflowed and water came through my bathroom ceiling. I mentioned my concern about mold and the maintenance man stated the building material were mold resistant. I advised the... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. While some questions here go unanswered, you could try reposting under Landlord/Tenant for better chances of a response. Good luck

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Can you evict a tenant with no lease on a verbal agreement

Yes verbally

Anthony M. Avery
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answered on Oct 4, 2023

Yes... Hire a WI attorney to file suit for possession.

1 Answer | Asked in Civil Litigation and Personal Injury for Wisconsin on
Q: I have a question about an insurance check.

During a recent snow fall someone hit our fence. Their insurance wanted a quote for the damages/repair cost. I had sent one over and they sent me a check for the costs. The company I got the repair done for is no longer able to start until the spring time. The area the fence is missing gives... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2023

A Wisconsin attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, insurance companies nationwide don't generally worry too much about which vendor performs repairs on small property and casualty claims involving... View More

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