Seven Things to Know About Changes to Wisconsin Civil Procedure

From the National Law Review:

The Wisconsin legislature recently enacted major changes to civil discovery, class action lawsuits, and statutes of limitations. With limited exceptions, these changes first apply to cases filed on or after July 1, 2018. The amendments are likely to have a significant impact on civil lawsuits in Wisconsin.

1. Changes to Scope of Discovery

The scope of discovery will now align closely with the Federal Rules of Civil Procedure. Discovery is permitted regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

Parties can seek to limit the scope of discovery if:

The discovery sought is cumulative or duplicative or can be obtained more efficiently from some other source.

The burden or expense of the proposed discovery outweighs its likely benefit or is not proportional to the claims and defenses at issue.

In ruling on a motion to limit discovery, the court may require the requesting party to pay some or all of the producing party’s expenses.

Read the full article.