– from Janet T. in Cudahy, WI

Question Details:

I know the trial courts have complete discretion in cases, but, if a case is decided based on a mistake, will the court ever reopen the case?

Family Law Attorney Response:

The court can reopen a case if a certain mistake is made.

In State v. A.G.R. (In re Paternity of M.T.H) 140 Wis.2d 843, 412 N.W.2d 164 (Ct. App. 1987), the court reopened a case due to excusable neglect. When a court has inexcusable neglect (neglect that occurs when an attorney signs a document without the correct intention and shows carelessness) it is not an abuse of discretion to reopen the subsequent order.

Give me a call if you have any more questions.

Trisha Festerling, J.D.

Family Law Attorney

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