Ashland County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- Continuance requests require good cause and court approval; stipulated requests require verified party consent, non-stipulated requests require a written motion and hearing, and requests must be made within 20 days of notice unless the court shortens that period because proceeding time limits do not permit it.
- Continuances are granted sparingly, the need for one must be documented, and the court may require proof of a medical or other emergency before or after granting it.
- In scheduling all hearings, meetings and conferences, are considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or client’s interests.
Request must include
- Adjournment requests for court trials must be in writing and should reach the Clerk of Courts Office at least 5 days before trial; otherwise, the trial will proceed as scheduled.
Communication
Fax
Clerk
Page & Word Limits1 rule
The document does not exceed fifteen (15) pages in length, excluding the cover sheet.
- Page limit
- Up to 15 pages
Document Format Requirements2 rules
409.01 Motions must be in writing and shall state with particularity the grounds thereof and the order or relief sought pursuant to Wis. Stat. § 971.30(2).
The opposing party should serve and file a written response at least five (5) days before the hearing.
- Response
Formatting
- •The response should be in writing
Document Filing Requirements16 rules
An attorney who represents a party shall file with the clerk of court a notice of retainer or order appointing counsel as soon as practicable.
An attorney who intends to withdraw as counsel of record shall first file a written motion and schedule the matter for hearing with notice to the court and all opposing parties. Withdrawal and/or substitution by an attorney may be accomplished by written stipulation if agreed to and signed by all attorneys and approved by the court. Except where required by law, the court will exercise discretion regarding whether counsel will t be permitted to withdraw if scheduled proceedings will be delayed.
A petition for name change must be filled out by the petitioner or the parents if the petitioner is a child who is under the age of fourteen (14). The petitioner must also complete the notice of hearing.
After the judge has granted the name change, the petitioner, if born in Wisconsin, must complete a new vital statistics form and pay a recording fee.
An affidavit of publication must be filed with the clerk of court prior to the name change hearing.
A request for substitution of the judge shall be filed with the Clerk of Court and the assigned judge.
A disqualifying judge must state the reasons in writing and with particularity and file them with a reassignment request with the chief judge of the tenth district.
Court's wording
If a judge disqualifies himself or herself pursuant to Wis. Stat. § 757.19, the judge shall describe the reasons in writing and with particularity. The judge will file the written reasons supporting the disqualification, along with a request for reassignment, with the chief judge of the tenth district, who shall then determine whether the disqualification is appropriate based on the reasons stated.
A motion to compel discovery must include a written statement confirming consultation and sincere resolution attempts were unsuccessful, and identifying the date, place, and participants in those discussions.
Court's wording
All motions to compel discovery pursuant to Wis. Stat. § 804 must be accompanied by a statement in writing by the movant that after consultation with the opposing party and sincere attempts to resolve their differences the parties are unable to reach an accord. Such statement shall recite the date, place and name of all parties participating in such discussions.
303.02 In residential foreclosure actions, the plaintiff shall provide the defendant(s) with a Notice of Availability of Mediation and a Mediation Request Form.
409.01 Motions must be in writing and shall state with particularity the grounds thereof and the order or relief sought pursuant to Wis. Stat. § 971.30(2).
The defendant’s presence is required in all criminal hearings, except in misdemeanor cases where a written authorization to appear is filed and with court approval.
A written answer must state why the claim is contested; telephone answers are not acceptable.
Court's wording
Defendant: Defendant(s) must either appear in person on return date or file a written answer before the return date and time with the Small Claims Clerk specifying the reasons the claim is contested. Telephone answers ARE NOT acceptable
If case settles, a written notification must be provided to the Clerk of Court’s Office prior to the next scheduled court appearance, or judgment may enter.
This form (financial disclosure statement) MUST be completed by the debtor and sent to the creditor within 15 days of judgment, unless within that time the debtor satisfies the judgment in full.
If the petitioner was not born in Wisconsin, he or she must ask the clerk for an additional certified copy of the order for change of name to send to the appropriate state of birth.
One copy shall be recorded with the Ashland County Register of Deeds.
Filing & Service rules
Electronic Filing Rules
Facsimile documents may be accepted for filing only subject to the stated conditions.
Facsimile documents transmitted directed to the Ashland County Clerk of Court shall be accepted for filing only if:
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
Fax documents become the Court’s official records upon receipt and cannot be substituted.
The fax documents, upon receipt by the Court, are the official records of the Court and cannot be substituted.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
Copies or originals later received by mail or personal delivery of documents already fax-filed will be discarded.
Any subsequently received copies or originals (by mail or personal delivery) of documents filed with the Court by facsimile transmission will be discarded by the Court.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
Filing Timing and Cure Windows
Facsimile filings are considered filed when received by the Clerk, except filings completed after regular business hours are considered filed the next business day.
Papers filed by facsimile transmission are considered filed when received by the Clerk of Court, except that any papers filed by facsimile transmission completed after regular business hours of the Ashland County Clerk of Court are considered filed the next business day.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
The civil jury fee must be paid at commencement or at the time specified in the scheduling order.
In all civil cases, the fee for either a six person jury ($36.00) or twelve person jury ($72.00) shall be paid either at the time of commencement of the action or the time specified in the scheduling order.
Page 6 | 213.01 Civil Actions
In small-claims eviction actions, a jury demand is due at or before joinder of issue; in other actions, it is due when the demand for trial is made to review the commissioner’s decision.
In eviction actions, the demand shall be filed at or before the time of joinder of issue. In all other actions, the demand for trial by jury shall be made at the time a demand for trial is made for review of the decision of the circuit court commissioner pursuant to Wis. Stat. § 799.207.
Page 6 | 213.02 Small Claims Actions
A defendant in an ordinance or traffic court action may demand a jury trial within 10 days after entering a not-guilty plea.
Pursuant to Wis. Stat. § 345.43 any defendant may demand a jury trial within ten (10) days after the date s/he has entered a not guilty plea.
Page 6 | 213.03 Ordinance and Traffic Court Actions
A defendant must appear in person on the return date or file a written answer with the Small Claims Clerk before the return date and time.
Defendant: Defendant(s) must either appear in person on return date or file a written answer before the return date and time with the Small Claims Clerk specifying the reasons the claim is contested.
Page 12 | 902 Appearance
Written settlement notification is due before the next scheduled court appearance; otherwise, judgment may enter.
If case settles, a written notification must be provided to the Clerk of Court’s Office prior to the next scheduled court appearance, or judgment may enter.
Page 12 | 906 Settlements
The party transmitting a facsimile document is solely responsible for ensuring timely and complete receipt.
The party transmitting the facsimile document is solely responsible for insuring its timely and complete receipt.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
The opposing party should serve and file a written response at least five days before the hearing.
The opposing party should serve and file a written response at least five (5) days before the hearing.
Page 9 | 305.01 Motion Practice
Motions, supporting documents, and briefs should be filed with the court at least 20 days before the hearing, unless the rules or a court order provide otherwise.
Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.
Page 9 | 305.01 Motion Practice
The court will review each civil case 90 days after filing.
The court will review all civil cases 90 days after filing.
Page 8 | 302.01 Review of Cases Filed
The Court, judge, and clerk are not responsible for transmission errors, missing or illegible documents, or periods when the court fax machine is inoperable.
The Circuit Court, Judge and Clerk, are not responsible for: • Errors or failures in transmission that result in missing or illegible documents. • Periods when the Circuit Court facsimile machine is not operational for any reason.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
Service and Proof of Service Rules
A copy of the name-change hearing notice must be published in the official county newspaper for three weeks.
A copy of the notice of hearing must be published in the official county newspaper for three (3) weeks.
Page 5 | 209 Name Change
Service and answers must comply with Wisconsin Statutes.
Service and answer must comply with Wisconsin Statutes.
Page 8 | 301 Service and Answer
A defendant who files a written answer must send a copy to the plaintiff.
The defendant must send a copy of the written answer to the PLAINTIFF.
Page 12 | 902 Appearance
Summons and complaints are served by regular mail unless otherwise indicated; out-of-state and replevin actions require personal service only.
Regular mail will be used for service of summons and complaint unless otherwise indicated. Out-of-state and replevin actions are limited to personal service ONLY.
Page 12 | 901.01 Alternatives for service of summons and complaint
Motions, supporting documents, and briefs should be served on the nonmoving party at least 20 days before the hearing, unless the rules or a court order provide otherwise.
Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.
Page 9 | 305.01 Motion Practice
The opposing party should serve and file a written response at least five (5) days before the hearing.
The opposing party should serve and file a written response at least five (5) days before the hearing.
Page 9 | 305.01 Motion Practice
In eviction actions, summons and complaints may also be served by certified mail or, with court approval, publication.
In addition to personal service, a summons and complaint in an eviction action may be served by certified mail or, if granted by the Court, publication.
Page 12 | 901.01 Alternatives for service of summons and complaint
Filing Fees and Waivers
The Clerk must collect the full statutory filing fee before filing any document unless the Court approves a fee-waiver petition.
Unless a petition for waiver of fees is approved by the Court, the Clerk of Court will collect the full statutory filing fee before filing any document.
Page 5 | 208 Fees
A party in a small-claims action may file a written jury demand upon payment of the $36 jury fee.
Pursuant to Wis. Stat. § 799.21(3), any party may, upon payment of the $36.00 jury fee, file a written demand for a jury trial.
Page 6 | 213.02 Small Claims Actions
If the civil jury fee is not timely paid, the matter will be tried as a bench trial unless the assigned judge orders otherwise.
If the jury fee is not paid in a timely manner, the matter shall be tried to the court as a bench trial unless otherwise ordered by the assigned judge.
Page 6 | 213.01 Civil Actions
If the jury fee is not timely paid in an ordinance or traffic court action, the matter will be a bench trial unless the assigned judge orders otherwise.
If the jury fee is not paid in a timely manner, the matter shall be a bench trial unless otherwise ordered by the assigned judge.
Page 6 | 213.03 Ordinance and Traffic Court Actions
In civil cases, the jury fee is $36 for a six-person jury or $72 for a twelve-person jury, payable at commencement or when specified in the scheduling order.
In all civil cases, the fee for either a six person jury ($36.00) or twelve person jury ($72.00) shall be paid either at the time of commencement of the action or the time specified in the scheduling order.
Page 6 | 213.01 Civil Actions
If judgment is granted, a $5.00 docket fee must be paid to the Clerk of Court in addition to the filing fee, or the judgment will not be docketed.
If judgment is granted, a $5.00 docket fee MUST be paid to the Clerk of Court. (THIS IS IN ADDITION TO THE FILING FEE). Without this fee, the judgment WILL NOT be docketed.
Page 13 | 908.05 Judgment
No filing fee is required.
No filing fee is required.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
The Register of Deeds may charge a recording fee.
A recording fee may also be charged by the Register of Deeds.
Page 5 | 209 Name Change
A petitioner born in Wisconsin must pay a recording fee after the name change is granted.
After the judge has granted the name change, the petitioner, if born in Wisconsin, must complete a new vital statistics form and pay a recording fee.
Page 5 | 209 Name Change
If a jury demand is withdrawn within two business days before trial begins, fees for the actual cost of calling and then canceling the jury may be assessed.
Pursuant to Wis. Stat. § 814.51, if a jury demand is withdrawn within two business days prior to the scheduled commencement of the trial, jury fees representing the actual cost to call out the jury and then cancel the jury may be assessed.
Page 6 | 213.04 Jury Fees
Two certified copies of the name-change order are provided at no charge.
Two certified copies of the order will be provided at no charge.
Page 5 | 209 Name Change
Sealing & Redaction Procedures
The listed records and files are presumed confidential and may not be accessed without a court order.
The following records and files are presumed to be confidential and will not be accessible without an order of the court: juvenile files, probate files, paternity files, presentence investigation reports, medical reports, psychological evaluations, confidential judge and court commissioner notes that are work-product, and financial disclosure statements.
Page 4 | 203 Confidential Records
After sentencing, a presentence investigation report is confidential and may be made available only with specific court authorization, subject to statutory exceptions; attorneys may keep copies, an unrepresented defendant may view but not keep a copy, and recipients must keep the report information confidential.
Except as otherwise provided by statute, after sentencing the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court. The district attorney and the defendant’s attorney are entitled to have and keep a copy of the presentence investigation report. If the defendant is not represented by counsel, the defendant is entitled to view the presentence investigation report but may not keep a copy of the report. A district attorney or defendant’s attorney who receives a copy of the report shall keep it confidential. A defendant who views the contents of a presentence report shall keep the information in the report confidential.
Page 10 | 410.01 Pre-sentence Reports
The judge may conceal the identity of anyone who provided information in a presentence investigation report.
The judge may conceal the identity of any person who provided information in the presentence investigation report.
Page 10 | 410.01 Pre-sentence Reports
Adjournment & Extension Requirements
Continuance requests require good cause and court approval; stipulated requests require verified party consent, non-stipulated requests require a written motion and hearing, and requests must be made within 20 days of notice unless the court shortens that period because proceeding time limits do not permit it.
All stipulated requests for the continuance of a hearing/trial require the verified consent of the parties in writing, by phone, or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on written motion and hearing and for good cause shown by the moving party. Continuance requests are subject to the approval of the court and shall be requested of the Court within twenty (20) days of the date a hearing/trial notice is provided. If the time limits of the proceeding do not permit such time periods, the court may in its discretion shorten the time in which to file a motion for continuance.
Page 4 | 204 Continuances
Continuances are granted sparingly, the need for one must be documented, and the court may require proof of a medical or other emergency before or after granting it.
Continuances can impede the efficient administration of justice and will be granted sparingly. The need for a continuance is to be documented. The court may require proof of medical or other emergency before or after granting a continuance.
Page 4 | 204 Continuances
In scheduling all hearings, meetings and conferences, are considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or client’s interests.
In scheduling all hearings, meetings and conferences, are considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or client’s interests.
Page 7 | 214.15(g)
Adjournment requests for court trials must be in writing and should reach the Clerk of Courts Office at least 5 days before trial; otherwise, the trial will proceed as scheduled.
All requests for adjournment of court trials MUST be in writing and should be received in the Clerk of Courts Office at least 5 days prior to the trial date. If not, the trial will be held on the date set.
Page 13 | 908.01 Adjournments
Chambers Communication Rules
Unless good cause be shown, or otherwise required by statute, a party moving that any judicial proceeding be closed to the public must notify the Court and the media coordinator in writing at least 72 hours before the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show why the proceedings should not be public.
Unless good cause be shown, or otherwise required by statute, a party moving that any judicial proceeding be closed to the public must notify the Court and the media coordinator in writing at least 72 hours before the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show why the proceedings should not be public.
Page 4 | 202 Closure of Proceedings
Facsimile documents must be faxed to the dedicated machine at the Clerk of Court’s office at 715/682-7919.
They are faxed to the following number which is a dedicated plain paper facsimile machine located in the Ashland County Clerk of Court’s office: 715/682-7919.
Page 5 | 207 Facsimile/E-mail Transmission of Documents to the Court
The attorney is responsible for scheduling a motion; filing it with the clerk alone will not schedule it, so the attorney must specifically request a hearing date and time from the court by phone or in writing.
It is the attorney’s responsibility to schedule the motion with the court, and a motion filed only with the clerk of court will not be scheduled until a specific request by phone or in writing is made of the court for a hearing date and time.
Page 9 | 305.01 Motion Practice
Attorneys who learn of a statutory reason for disqualification must promptly notify the judge and the other parties.
Attorneys for the parties who become aware of a reason for disqualification under Wis. Stat. § 757.19(2) shall promptly notify the judge and the other parties so that appropriate action can be taken under Wis. Stat. § 757.19(3), (4) or (5).
Page 8 | 215.03 Substitutions and Recusals
A party who changes address while the case is pending must notify the Clerk of Courts’ office.
If either party has a change of address during the pendency of their case, they must notify the office of the Clerk of Courts.
Page 12 | 904.02 Change of Address