MAKING THE CASE IN COURT

This case is in the early days of a long litigation process where the case will be heard and hopefully end in the state legislature being held accountable to the Constitution, which makes clear that the state legislature bears the obligation to ensure our students receive a sound basic education. 

Here are the typical phases of a lawsuit. Right now, this case is in Step 1. 

1. Pre-Trial & Pleadings: Plaintiffs file a complaint outlining allegations and requesting relief. Defendants answer, which sometimes – including in this case – includes a motion to dismiss the lawsuit. A hearing date has been set for December 7, 2026 in this case’s Motion to Dismiss. Then a judge holds a conference to set deadlines and other case milestones.

2. Discovery & Pre-Trial: If the case survives the filed motion to dismiss, parties will then exchange information through requests for documents, answers to questions, and depositions. Parties may also file motions for summary judgment (meaning the case is resolved in their favor without a trial) if there are no material facts in dispute.

3. Trial Phase: The case can then go to a bench trial before a judge, and eventually, a formal judgment is issued by the judge. Often there is a ruling “from the bench” with a written decision following.

4. Appeal Process: The losing party can appeal the decision. The Wisconsin Supreme Court has the final word on questions of Wisconsin state law.

5. Legislation: If the lawsuit is successful, the Court will declare that the legislature is unconstitutionally underfunding public schools. Then the Legislature will be required to work through its regular process and develop legislation to bring the public school finance system into constitutional compliance.