[jeffjeri]

How to write a letter in accordances with Chapter 802 of the Wisconsin Statutes for a response to a summons?

[AK lawyer]

Chapter 802 is simply Wisconsin's version of civil rules. It seems to be standard stuff. The "letter" you are asking about would be called an "answer".

"802.01  Pleadings allowed; form of motions.

(1)  Pleadings. There shall be a complaint and an

"802.01  Pleadings allowed; form of motions.

(1)  Pleadings. There shall be a complaint and an answer ..."

... "

Here is the part that most pertains to you:

"802.02  General rules of pleading.

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(2) Defenses; form of denials. A party shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. The pleader shall make the denials as specific denials of designated averments or paragraphs, but if a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder.

(3) Affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively any matter constituting an avoidance or affirmative defense including but not limited to the following: accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of a condition subsequent, failure or want of consideration, failure to mitigate damages, fraud, illegality, immunity, incompetence, injury by fellow servants, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, superseding cause, and waiver. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, if justice so requires, shall permit amendment of the pleading to conform to a proper designation. If an affirmative defense permitted to be raised by motion under s. 802.06 (2) is so raised, it need not be set forth in a subsequent pleading.

(4) Effect of failure to deny. Averments in a pleading to which a responsive pleading is required, other than those as to the fact, nature and extent of injury and damage, are admitted when not denied in the responsive pleading, except that a party whose prior pleadings set forth all denials and defenses to be relied upon in defending a claim for contribution need not respond to such claim. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

(5) Pleadings to be concise and direct; consistency.

(a) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
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