Wisconsin Statutes
Wis. Stat. § 23.69 (2026)
Motions
✓ current as of July 2026
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23.6923.69 Motions. Any motion which is capable of determination without the trial of the general issue shall be made before trial.
23.69 AnnotationSummary judgment is not permitted in forfeiture actions for violations of ch. 30. The relevant procedural statutes cannot be reconciled with the summary judgment procedure. Although the parties agreed to the filing of a written answer in lieu of an appearance, such an agreement cannot provide the basis to impose upon the statutory scheme a summary judgment procedure that does not otherwise exist. State v. Ryan, 2012 WI 16, 338 Wis. 2d 695, 809 N.W.2d 37, 09-3075.
Notes of Decisions
Cited in 3
cases, 1980–2012 · leading case: State v. Ryan, 2012 WI 16 (Wis. 2012).
State v. Ryan, 2012 WI 16 (Wis. 2012). “" Wis. Stat. § 23.69 . "Neither party is entitled to pretrial discovery[.”
State v. Peterson, 297 N.W.2d 52 (Wis. Ct. App. 1980). “Section 23.69 requires that the motion should have been decided by the court before trial of the general issue.”
State v. Ryan, 2011 WI App 21 (Wis. Ct. App. 2011). “Section 23.69 specifically pro *503 vides that "[a]ny motion which is capable of determination without the trial of the general issue shall be made before trial.”
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