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Wisconsin Court of Appeals Rules Cold Weather Not An Excuse for Missing Court

By Vande Castle, S.C., Apr 9 2018 04:12PM

A court may enter a default judgment against a defendant that fails to appear “upon due proof of facts which show the plaintiff entitled thereto.” WIS. STAT. § 799.22(2). A court “may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown,” as long as the notice of motion is made within twelve months after entry of the judgment. WIS. STAT. § 799.29(1)(a) - (c).

However, the Wisconsin Court of Appeals found that cold weather was not a valid reason for failing to appear in person for the hearing. The agreed temperature on the date that the defendant failed to appear was -25 degrees.

Byrd v. Hoeft, Wisconsin Appeal No. 2017AP46

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