District IV
May 31, 2013
To:
Hon. Stephen E. Ehlke
Circuit Court Judge
215 South Hamilton, Br.15, Rm. 7107
Madison, WI 53703
Carlo Esqueda
Clerk of Circuit Court
Room 1000
215 South Hamilton
Madison, WI 53703
Corey Francis Finkelmeyer
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Andrea Lea Olmanson
Office of Legal Counsel
Wisconsin Dept. of Corrections
P. O. Box 7925
Madison, WI 53707-7925
Pastori M. Balele
You are hereby notified that the Court has entered the following opinion and order:
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Wisconsin Department of Corrections v. Pastori M. Balele (L.C. # 2011CV3365) |
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Before Higginbotham, Blanchard and Kloppenburg, JJ.
Pastori Balele appeals an order dismissing his attempted counterclaim in a harassment injunction action under Wis. Stat. § 813.125 (2011-12).[1] Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21. We affirm.
Balele filed a purported counterclaim after the circuit court dismissed the Department of Corrections’ harassment injunction filed against him. The circuit court dismissed the counterclaim for several reasons. We conclude that counterclaims are not permitted in harassment injunction actions brought under Wis. Stat. § 813.125.
Provisions for counterclaims are found in Wis. Stat. ch. 802, along with provisions for answers, cross-claims, replies and other pleadings. That chapter is part of chs. 801 to 847 that “govern procedure and practice in circuit courts … in all civil actions … except where different procedure is prescribed by statute or rule.” Wis. Stat. § 801.01(2).
Harassment injunction actions do not follow the regular pleading procedures provided in Wis. Stat. ch. 802. Instead, the action is commenced by filing a petition, and may not be commenced by summons. Wis. Stat. § 813.125(2)(a). The court may immediately issue a temporary restraining order and, if it does, the hearing on the injunction itself must be held within fourteen days, unless otherwise extended. § 813.125(3)(c). It is clear that answers or other types of responsive pleadings by the respondent to the petition are not contemplated in this process. If they were, it would be necessary for the statute to set times for those pleadings that are shorter than those provided in Wis. Stat. § 802.06(1). Under the harassment injunction procedure, the entire action may well be completed before the normal time to file an answer has expired. Therefore, we conclude that answers and counterclaims are not a permitted part of the procedure in harassment injunction actions brought under § 813.125, and the circuit court properly dismissed Balele’s counterclaim on that ground.
IT IS ORDERED that the order appealed is summarily affirmed under Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals