Barron County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Response to proposed undisputed facts

If the responding party does not dispute a proposed factual proposition, the court will conclude that no genuine issue of fact exists as to that finding.

c. Unless the responding party places a factual proposition of the moving party in dispute, the court will conclude that there is no genuine issue of fact as to the finding initially proposed by the moving party.

CRITICAL

Applies to

Objection to claim

An objection to a claim must be in writing and filed with the probate court.

805.07 Objections to claims filed: an objection to a claim must be in writing and filed with the probate court.

CRITICAL

For a jury trial, counsel must provide the listed trial materials three days before the pretrial, including a trial brief, voir dire questions, jury instructions, and verdict materials.

9. IF THERE IS A TRIAL TO THE JURY: Counsel will provide the following to the Court 3 days in advance of the pretrial: a. A trial brief on all contentions of the parties filing the brief including references of special evidentiary problems. b. Proposed voir dire questions c. Proposed jury instructions with proof of authority, substantive instructions in writing, boilerplate instructions designated by number. d. Any jury instructions requested, civil or criminal, which are not a part of the pattern instructions from the Wisconsin Jury Instructions Manual, must be submitted electronically by either disk or e-mail in Word format. e. Proposed verdict forms, special verdict forms and proposed special interrogatories must be submitted electronically by either disk or e-mail in Word format.

CRITICAL

For a court trial, counsel must submit a trial brief addressing the filing party’s contentions and special evidentiary problems, along with proposed findings, conclusions, and judgment, three days before trial.

8. IF THERE IS A TRIAL TO THE COURT: Counsel for the parties will submit to the court three days in advance of the trial the following: a. A trial brief on all contentions of the parties filing the brief including references of special evidentiary problems. b. Proposed findings of fact, conclusions of law and judgment

CRITICAL

Applies to

Joint report

6. Three (3) days prior to the Final Pretrial the parties shall submit a joint report to include:

6. Three (3) days prior to the Final Pretrial the parties shall submit a joint report to include:

CRITICAL

Applies to

Civil commitment telephone appearance

To support consideration of telephone appearance based on transportation danger, a physician’s or psychologist’s statement must be filed.

A statement from a physician or psychologist must be filed for the Court’s consideration that indicates transportation would be a danger to the subject or others.

CRITICAL

Applies to

Opening papers

Proof of Heirship must be filed with all opening papers for Summary Settlement, Summary Assignment, and Special Administration petitions.

805.02 Summary Settlement, Summary Assignment and Special Administration: Proof of Heirship must be filed with all opening papers for Summary Settlement, Summary Assignment and Special Administration petitions.

CRITICAL

Applies to

Name change proceeding

Must include

proposed order

The petitioner must present a proposed final order to the Court for the Judge’s signature.

7. Present to the Court a proposed final order for the Judge’s signature.

CRITICAL

Applies to

Settlement notification

If the case settles, written notice must be provided to the Clerk before the return date or judgment may enter.

If case settles, a written notification must be provided to the Clerk of Court’s Office PRIOR TO THE RETURN DATE, or judgment may enter

CRITICAL

Applies to

Protective placement petition

An Examining Physician’s Report must be completed and filed with every protective placement petition.

807.02.2 An Examining Physician’s Report must be completed and filed with the court on all protective placement petitions.

CRITICAL

Applies to

Response to proposed undisputed facts

A response asserting a genuine factual issue must cite compliant depositions, discovery responses, pleadings, or affidavits.

b. Any response asserting the existence of a genuine issue of fact shall cite to depositions, discovery responses, pleadings or affidavits which comply with § 802.08(3), Stats.

CRITICAL

Applies to

Affidavit of publication

The petitioner must present the Affidavit of Publication to the Judge at the hearing.

6. Present the Affidavit of Publication to the Judge at your hearing.

CRITICAL

Applies to

Pretrial report

If counsel cannot agree on a joint report despite diligent efforts, the parties must submit separate or partial separate reports at the pretrial conference and certify that agreement could not be reached.

The parties shall submit separate reports or partial separate reports at the time of the pretrial conference if counsel cannot agree on the contents of a joint report and certify that after making diligent effort agreement could not be reached on a joint report.

CRITICAL

Applies to

Filing

Standard statewide forms are required for filings.

810.03 Standard statewide forms are required for filing.

CRITICAL

Applies to

Motion to close judicial proceeding

The party moving to close a proceeding must show why it should not be public.

The burden shall be upon the moving party to show why the proceedings should not be public.

CRITICAL

Applies to

Summary judgment motion

Each party seeking summary judgment must serve and file the proposed fact statement, proposed conclusions of law, and supporting brief with the motion.

A Brief in support of the motion. The brief may not exceed 20 pages. Excess pages will be ignored by the court.

CRITICAL

Applies to

Trust termination petition

The trustee must petition the court to terminate the trust.

806.02.2 The trustee shall petition the court to terminate the trust.

CRITICAL

The parties must advise the Court of the estimated trial time.

The parties shall advise the Court of the estimated time of trial.

CRITICAL

Applies to

Exhibit list

Submit a copy of the exhibit list for each party, the Clerk of Court, and the Judge.

A copy of the list for each party, the Clerk of Court and Judge must also be submitted.

CRITICAL

Applies to

Ancillary proceeding

A nonresident granted ancillary letters must provide a surety bond.

805.03 Ancillary proceedings: surety bond required for nonresident granted ancillary letters.

CRITICAL

Applies to

Complaint

The Judge will reject a filing that does not comply with the party-identification rules.

Failure to follow the above identification rules will result in the Judge rejecting the filing.

CRITICAL

Applies to

Name change petition

A certified copy of the birth certificate must be filed with the name-change petition.

2. File a certified copy of your birth certificate with your Petition.

CRITICAL

Applies to

Motion

Criminal motions must be written and state their grounds with particularity; failure to comply is grounds for dismissal.

All motions must be in writing and state with particularity the grounds for the Motion. §971.30, Stats. Failure to comply with this requirement shall be grounds for dismissal.

CRITICAL

Applies to

Affidavit of publication

The petitioner must obtain an Affidavit of Publication from the newspaper after the final publication of the notice.

5. Obtain an Affidavit of Publication from the newspaper following the last publication of notice.

CRITICAL

Applies to

Guardianship estate discharge

For discharge of a deceased ward’s estate guardian, the probate court must receive notification of the ward’s death, a court-approved final account, and a proper receipt for the remaining assets.

807.04.2 Guardianship of the estate – deceased ward: upon notification to the probate court that the ward died and filing of: the final account as approved by the court; a proper receipt from the person/entity receiving the remaining assets in the ward’s estate; the court will issue an order of discharge of the guardian of the estate.

CRITICAL

Applies to

Will

A decedent’s will that will not be subject to probate must be filed with an affidavit.

805.01.1 Wills of a decedent which will not be subject to probate proceeding shall be filed and shall be accompanied by an affidavit.

CRITICAL

Applies to

Trust termination

At trust termination, all annual accountings for prior years and the final account must be on file with the court.

806.02.1 At the time of the termination of the trust, all annual accountings for prior years and the final account must be on file with the court.

CRITICAL

Applies to

Response to proposed undisputed facts

A response to proposed facts must state whether a genuine factual issue exists as to all or part of each proposition.

a. The response to the moving party's Proposed Undisputed Facts shall state whether there is a genuine issue of fact as to the whole or a part of the factual proposition.

CRITICAL

Applies to

Summary judgment opposition

The opposition filing must include responses to the proposed facts and conclusions of law, an opposition brief, and any supporting papers the party chooses to submit.

a. A response to the moving party's Proposed Undisputed Facts, and b. A response to the moving party's Proposed Conclusions of Law, and c. A brief in opposition to the motion for summary judgment. The brief may not exceed 20 pages. Excess pages will be ignored by the court; and d. Any supporting papers, pursuant to § 802.08(3), Stats., that the party chooses to submit.

CRITICAL

Applies to

Expert witness disclosure

The defendant's expert witness names, addresses, and brief credential summaries must be provided in writing to opposing counsel and filed with the Court by the stated date.

The names and addresses of the defendant's expert witnesses, with a brief summary of credentials, be furnished in writing to opposing counsel and filed with the Court by .

CRITICAL

Applies to

Name change proceeding

The Court cannot grant a name change unless the petitioner has followed all the listed steps.

The Court cannot grant your name change unless you have followed all the steps above.

CRITICAL

Applies to

Final account documentation

When the final account is not filed in the probate office, documentation that residual beneficiaries or heirs were advised of the personal representative’s and attorney’s fees must be filed with the court.

Documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the court, when the final account is not filed in the probate office.

CRITICAL

Applies to

Trust closing

A Wisconsin closing certificate for fiduciaries must be filed before a trust is closed and the trustee discharged.

806.02.3 A Wisconsin closing certificate for fiduciaries must be filed with the court before a trust may be closed and the trustee discharged.

CRITICAL

Applies to

Expert witness disclosure

The plaintiff's expert witness names, addresses, and brief credential summaries must be provided in writing to opposing counsel and filed with the Court by the stated date.

Names and addresses of the plaintiff's expert witnesses, with a brief summary of credentials, shall be furnished in writing to opposing counsel and filed with the Court by .

CRITICAL

Applies to

Objection to will

805.06 Objection to Will filed: an objection to a Will filed must be in writing and filed with the probate court together with the statutory filing fee.

805.06 Objection to Will filed: an objection to a Will filed must be in writing and filed with the probate court together with the statutory filing fee.

CRITICAL

Applies to

Vital statistics form

After the hearing, the petitioner must present the completed Vital Statistics Form to the Clerk of Court and provide a $22.00 check payable to the Center for Health Statistics.

8. Following the hearing, present to the Barron County Clerk of Court the completed Vital Statistics Form (attached hereto) and a check for $22.00 payable to the Center for Health Statistics.

CRITICAL

Applies to

Response to proposed conclusions of law

The response must address each proposed legal conclusion; the respondent may state additional conclusions if they believe those conclusions require denial of the motion.

6. Response to Proposed Conclusions of Law shall respond to each legal conclusion stated by the moving party. If the responding party believes the motion must fail because of conclusions of law not stated by the moving party, the respondent may state such other conclusions of law.

CRITICAL

Applies to

Name change petition

For a child’s name change, including a non-marital child, both parents must sign the petition; if the other parent cannot be located, termination of parental rights is necessary.

9. If you are changing the name of your child (including a non-marital child), both parents must sign the petition. If other parent cannot be located, termination of parental rights is necessary.

CRITICAL

Applies to

Small claims answer

A defendant must appear in person or file a written answer with the Small Claims Clerk before the return date and time, stating why the claim is contested.

Defendants must EITHER appear in person or 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.

CRITICAL

Applies to

Estate closing

Signed receipts from heirs or beneficiaries must be filed with the court when closing an estate.

805.11 Closing estates: signed receipts from heirs or beneficiaries and proof of the recording of the transfer of any real estate to beneficiaries or heirs must be filed with the court.

CRITICAL

Applies to

Estate closing extension request

Must include

proposed order

An extension request to close an estate must also include a proposed order.

A proposed order shall also be submitted.

CRITICAL

Applies to

Guardian reimbursement petition

Unless the court previously ordered otherwise, the guardian must petition for reimbursement of expenses and/or guardian fees.

807.01.2 Unless previously ordered by the court, the guardian must petition the court for reimbursement of expenses and/or guardian fees.

CRITICAL

Applies to

Proposed conclusions of law

Proposed conclusions of law must accurately characterize the relevant law and be supported by a legal citation.

3. Proposed Conclusions of Law shall be in numbered paragraphs, shall accurately characterize the law on the issue in question and shall be supported with a legal citation.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a written report with the court before the hearing.

807.01.1 Guardian ad Litem: the Court shall appoint a guardian ad Litem for the proposed ward; the guardian ad Litem shall file a written report with the court prior to the hearing.

CRITICAL

Applies to

Guardianship estate discharge

For discharge of a minor’s estate guardian, proof that the ward reached age eighteen, the final account, and a receipt signed by the ward must be filed.

807.04.3 Guardian of the estate for a minor: upon filing proof of the ward reaching the age of eighteen, filing the final account and receipt signed by the ward; the court will issue an order of discharge of the guardian of the estate.

CRITICAL

Applies to

Proposed undisputed facts

Each proposed-fact paragraph must be followed by a reference to its evidentiary basis under § 802.08(3), Stats.

b. After each paragraph, there must be a reference to the evidentiary basis per § 802.08(3), Stats., such as a deposition, discovery, pleading or affidavit.

CRITICAL

The pretrial materials call for uncontested facts, major factual issues, prospective witnesses, special damages when applicable, exhibit objections, and depositions to be offered; unlisted witnesses may be called only upon good cause.

a. An agreed statement of all uncontested facts. In the absence of an objection to the admissibility of any uncontested fact, the statement will become part of the record. No proof will be received at trial on the matters covered by the statement. b. Agreed statement of major factual issues. c. The names and addresses of all prospective witnesses for each party. Witnesses not listed will not be permitted to be called except upon showing of good cause. d. The itemized statement of special damages, if an element of the claim. e. A schedule of all exhibits to be offered at trial designating those to which objection will be made with a brief statement as to the grounds for objections. Objections based on relevancy need not be noted. f. A list of depositions or the portions thereof to be offered at trial.

CRITICAL

Applies to

Estate closing

A federal estate tax closing letter must be filed before an estate is closed if the estate met the standard to file a federal estate tax return.

805.10 Tax clearances: a Wisconsin closing certificate for fiduciaries shall be filed and a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate.

WARNING

Applies to

Small claims answer

Telephone answers are not accepted.

Telephone answers ARE NOT acceptable

WARNING

Applies to

Probate case management forms

District-created probate case-management forms, guidelines, and checklists must be used when appropriate.

810.01 Case management forms/guidelines/checklists created by the 10th Judicial District Registers in Probate shall be used when appropriate.