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Wisconsin state court (small claims)
Sorry for delay. JA has been problematic for me much of the day. I was plaintiff, brought small claims suit against municipality. Judge (to my surprise) acted as advocate for defendant, assuming facts not in evidence (no affidavit in support) and raising points which defendant did not raise in its own motion. Judge granted SJ, orally dismissed case, asked defendant to draft order. No mention by judge of with/without prejudice; no mention of costs. Not clear to me, under state law, whether statutory costs are even available in a dismissal of small claims action.
Absolutely superb! Perhaps the most thorough response I have received from any JA expert.
Thank you - that comment definitely has made my day. PS, please note that one of the first lines should read:
Plaintiff denies each and every allegation of Defendant's Motion for Attorney Fees, and demands strict proof thereof as required by rules of evidence and procedure for the State of Wisconsin.
Also, the title would read:
PLAINTIFF'S RESPONSE TO MOVANT’S MOTION FOR ATTORNEY FEES
In other words, it is prudent to ensure that the Plaintiff/Defendant verbiage matches one's case.
Yes. I noticed that immediately.
Does it work in my favor that AT NO TIME prior to the Defendant's submission of proposed order did it make a request for costs? The MSJ requests - as relieve sought - only dismissal. It did not request costs. Costs were never mentioned during the MSJ hearing - not by Def. not by court.
Does that work in my favor? If you were a betting man?
Thanks for the reminder on the rating... I thought I already had.
Friend, Sorry, that should not have been added already - it was a default 'signature' block - you did accept once already.
Guess I have to ask for clarification...
"The parties have the discretion to ask for fees at motion, or at judgment."
I interpret this, breaking the sentence down, as:
1. The Def had the option to ask for fees IN its motion... or during the oral argument on its motion. and,
I suspect that in order to be awarded such costs it is necessary to request them BEFORE the judge signs the order... or, alternatively to suggest a hearing on costs. Do I have that right?
Now, in my case, Def. did not request costs in or during motion hearing and did not request costs before, during, or immediately after judgment was rendered. Def did not mention costs until its proposed order drafted the following day - and without details (itemization).
Perhaps I failed to express my thought properly when I used the word "details" as to costs. No details of costs are in the proposed order. No summary of costs is in the proposed order. No total of costs is in the proposed order. No specific requested value. There is no "$", nor word "dollar" in the proposed order. Simply... "with costs".
Yes. That's precisely what I did. I pointed out that the Def had not at any time prior to the day FOLLOWING judgment made any reference to costs. And that the proposed order was not accurate. I submitted my own proposed order, perfectly formatted, with "without costs to either party."So I guess we'll see what happens.
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