Wisconsin § 802.06 - Defenses and objection; when and how presented; by pleading or motion; motion for judgment on the pleadings.

§ 802.06. Defenses and objection; when and how presented; by pleading or motion; motion for judgment on the pleadings.

802.06(1) (1) When presented. 802.06(1)(a) (a) Except when a court dismisses an action or special proceeding under s. 802.05 (4) , a defendant shall serve an answer within 20 days after the service of the complaint upon the defendant. If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 20 days after appointment to serve the answer. A party served with a pleading stating a cross claim against the party shall serve an answer thereto within 20 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer. The state or an agency of the state or an officer, employee, or agent of the state shall serve an answer to the complaint or to a cross claim or a reply to a counterclaim within 45 days after service of the pleading in which the claim is asserted. If any pleading is ordered by the court, it shall be served within 20 days after service of the order, unless the order otherwise directs. If a defendant in the action is an insurance company, or if any cause of action raised in the original pleading, cross claim, or counterclaim is founded in tort, the periods of time to serve a reply or answer shall be 45 days. The service of a motion permitted under sub. (2) alters these periods of time as follows, unless a different time is fixed by order of the court: if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court’s action; or if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement. 802.06(1)(b) (b) Upon the filing of a motion to dismiss under sub. (2) (a) 6. , a motion for judgment on the pleadings under sub. (3) , or a motion for more definite statement under sub. (5) , all discovery and other proceedings shall be stayed for a period of 180 days after the filing of the motion or until the ruling of the court on the motion, whichever is sooner, unless the court finds good cause upon the motion of any party that particularized discovery is necessary. 802.06(2) (2) How presented. 802.06(2)(a) (a) Every defense, in law or fact, except the defense of improper venue, to a claim for relief in any pleading, whether a claim, counterclaim, cross claim, or 3rd-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: 802.06(2)(a)1. 1. Lack of capacity to sue or be sued. 802.06(2)(a)2. 2. Lack of jurisdiction over the subject matter. 802.06(2)(a)3. 3. Lack of jurisdiction over the person or property. 802.06(2)(a)4. 4. Insufficiency of summons or process. 802.06(2)(a)5. 5. Untimeliness or insufficiency of service of summons or process. 802.06(2)(a)6. 6. Failure to state a claim upon which relief can be granted. 802.06(2)(a)7. 7. Failure to join a party under s.