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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111637
Experience:  Attorney experienced in commercial litigation.
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I have filed a motion judgment and memorandum brief.

Customer Question

I have filed a motion for summary judgment and memorandum brief. I also filed a supplemental memorandum brief. The court has not decided either and it has been almost 2 months. I am in the process of filing an additional summary judgment based on deemed admissions. Should I file it as a supplemental motion?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. You can, if you have discovered new evidence, file a amended motion. However, if the other party has submitted an answer to your first motion, you must actually file a motion for leave to file a supplemental/amended motion and ask the court for permission. In your motion for leave, you would explain why you need to file the amendment and you need to attach a copy of your proposed amended motion to the motion for the leave.
Customer: replied 1 year ago.
I do not see where the Rules of Civil Procedure mandate only 1 summary judgment motion and leave of court is required to file additional motions, could I not file an additional motion? This case is in state court of Wisconsin. Here is the statute: http://docs.legis.wisconsin.gov/statutes/statutes/802/08
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. You cannot file another summary judgment while one is pending, this is based on the rule that you are filing multiple motions for the same thing. Just because the rule does not specifically say you cannot file multiple motions for the same thing, this is a practice matter and the court will require you to amend your motion, which you can do with leave of the court. It does not have to spell out for you, "you cannot file a second motion", but see WI Statute 802.09 (http://law.justia.com/codes/wisconsin/2011/802/802.09.html).
Customer: replied 1 year ago.
The present motion is based on "new evidence" which is the opposing party's admissions on the request for admissions. I am not re-stating the same arguments.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I understand that and the court will allow you to file an amended motion for summary judgment with that evidence, but you cannot just keep filing motion for summary judgment on top of motion for summary judgment while there is one still pending. the fact is you have to have one motion dealt with at a time and while one is pending you cannot file another for the same thing, you can just add to the issues in that open motion.
Customer: replied 1 year ago.
I am not understanding your position. Rules of Civil Procedure are what courts require litigants to comply with. Likewise, courts must comply with the rules as this what they enforce and can use against litigants do dismiss motions, pleadings, etc. With that being said, would you please inform me what you mean where you reference I cannot file multiple motions as a "practice matter." I do not understand this statement.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.You have a motion pending for this same exact thing, regardless that you are adding new reasons or grounds. Thus, the proper legal process is amending what you already have filed, not filing a new motion. Again, you have legal basis for amending and that is the proper process. So in practice (practice matters) when you get new information on a pending motion and it gives you reason to add to your pending motion, the way to do that is an amended motion and not a completely new motion. So you have to amend this motion that is pending.