David Christensen Trucking & Excavating, Inc. v. Mehdian

¶ 1. Bijan Mehdian appeals a summary judgment. The circuit court, pursuant to a local rule regarding the submission of summary judgment material, refused to consider materials that Mehdian filed late. Because the local rule is inconsistent with, and in direct conflict with, Wis. Stat. § 802.08(2) 1 regarding time for filing opposing briefs and affidavits, we conclude the circuit court improperly applied the law when it relied exclusively on the local rule. Nevertheless, Mehdian's submissions were untimely even under § 802.08(2) and he did not seek to enlarge time under Wis. Stat. §…