My apologies for the wait - I was offline for most of the day and away from a computer. I had earlier sent a quick message using my smart phone, just so you know that I was not ignoring you.
The court has ultimate discretion for awarding attorney fees. Standard Theatres v. Transportation Dept., 349 NW 2d 661 - Wis: Supreme Court 1984
The statute behind it may be seen here
Ergo, someone in your situation may wish to argue the above (or put it into motion response, as below, a sample):[caption] - TITLE AND PARTIES (just copy of their filing)
DEFENDANT'S RESPONSE TO MOVANT’S MOTION FOR ATTORNEY FEES (centered)
NOW COMES Defendant, YOUR NAME, named Plaintiff in the above-entitled and numbered cause, and files this Response to Movant’s Motion for Attorney Fees, and shows the Court:
Defendant denies each and every allegation of Plaintiff's Motion for Attorney Fees, and demands strict proof thereof as required by rules of evidence and procedure for the State of Wisconsin.
Under WIS. STAT. § 814.045, the Court may consider many factors. But also, the Court should consider whether the other party has caused additional fees by overtrial, (Johnson v. Johnson, 199 Wis. 2d 367, 376-77, 545 N.W.2d 239 (Ct. App. 1996); or because the other party refuses to provide information which would speed the process along. See Lellman v. Mott, 204 Wis. 2d 166, 175, 554 N.W.2d 525 (Ct. App. 1996).
Not only none of these factors apply, but also, the attorney’s fees are extravagant. Ergo, movant’s motion for attorney fees should be denied.
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Plaintiff, awards Plaintiff the costs of court, and such other and further relief as Plaintiff may be entitled to in law or in equity.
(NEW PAGE)CERTIFICATE OF SERVICE (centered)
I certify that on (date filed) a true and correct copy of Plaintiff’s Response to Movant’s Motion for Attorney Fees was served to the opposing party.
AGAIN, this is just a sample to inspire and give an example.
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