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Relief from judgment

State v. Joseph Schultz, 224 Wis.2d 499, 591 N.W.2d 904 (Ct. App. 1999)
For Schultz: Robert R. Raehsler

Issue/Holding: A party in a civil case may seek relief from judgment under Wis. Stats., § 806.07. Where the basis for the motion is “mistake,” the primary question is whether the party’s conduct “was excusable under the circumstances.” Schultz should have been allowed to reopen a judgment so that he could litigate a crucial issue that he justifiably, but in the final analysis wrongly, thought irrelevant to the claim. (§ 806.07 procedure will be relevant to any SPD case governed by civil rules, such as 980’s.)

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