Brown County Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • At Least 60 Days Before Hearing
Communication
Phone
Phone
Chambers
Page & Word Limits3 rules
Documents submitted under this rule shall not exceed 15 pages in length, excluding cover sheet, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis.
- Page limit
- Up to 15 pages
The briefs supporting and opposing the motion for summary judgment shall be limited to 15 double-spaced pages. Reply briefs shall be limited to seven double-spaced pages.
- Brief
- Up to 15 pages
- Reply brief
- Up to 7 pages
- Format
- Double-spaced
Briefs on all motions, except summary judgment motions (see Rule 404), shall be no more than seven double-spaced pages.
- Brief
- Up to 7 pages
- Format
- Double-spaced
Document Format Requirements4 rules
In cases where each attorney has more than five exhibits, they shall be listed and marked by the clerk of circuit court prior to trial.
- More than 5 pages
Reference to documents in the case file or depositions is not permitted.
Formatting
- •References to documents in the case file or depositions are not permitted
Pattern instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form.
Pattern instructions may be requested by number only.
Document Filing Requirements25 rules
A plea and waiver of rights form must be completed and signed by the defendant prior to a change of plea hearing being called.
In every case where property is contested, the parties must exchange a completed FINANCIAL DISCLOSURE OF ASSETS AND LIABILITIES AND PROPOSED PROPERTY DIVISION form by the day of pretrial and present it or its equivalent to the court on the date of pretrial.
Every threat or security incident must be recorded on the report form as soon as possible and no later than 48 hours after the incident, with the original sent to the court security officer.
Court's wording
A record shall be made of all threats and security incidents on the threat/security incident report form. Such record shall be made contemporaneously with the event being recorded or as soon after as possible but in no event later than 48 hours after the incident. The original report shall be transmitted to the court security officer.
Parties shall attend and complete the educational program within 60 days of service of the summons upon the respondent or within 60 days of filing in the case of a joint petition. The parties shall each provide proof of completion of the program to the family court commissioners’ office or the court.
A motion to compel discovery must be accompanied by the required written conference statement and its specified details.
Court's wording
All motions to compel discovery pursuant to Chapter 804 Wis. Stats. 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 conference.
A brief statement of facts and proposition of law relied on with citation of the authorities in support of the relief requested may be required.
All parties to actions for divorce or legal separation with children shall complete an educational program, not to exceed four hours in length, concerning the effects on a child of a marriage dissolution if there are minor children of the marriage.
For each subsequent 10 billable hours, the guardian ad litem must submit a written request, itemized invoice, and proposed order for an additional $500 deposit.
- Document
- Guardian ad litem deposit request
Must include
- •Proposed order
Court's wording
Thereafter, the guardian ad litem shall request an additional $500.00 deposit for each subsequent billable 10 hours of work performed by submitting a written request to the Court along with an itemized invoice reflecting services performed thus far and a proposed order.
If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
The person seeking discovery shall specifically state what information is sought and the reasons supporting the production. The person refusing to produce the information shall state why the information sought is not discoverable. Blanket contentions of work product are insufficient. Specific reasons must be stated for each denial of information.
Pertinent parts of documents, depositions, interrogatories, or admissions shall be reproduced and attached as part of the appendices. The specific parts sought to be utilized shall be color lined.
Statement of position as to child support.
The motion for review shall not be stated in general terms but shall set forth with specificity the relief sought.
Request for de novo review does not necessarily stay the commissioner order without further court order for stay
Party seeking de novo review must have been present at the hearing
Pro se defendants must review their presentence reports in the courthouse as directed by the sentencing judge.
Special instructions submitted must contain citations to the applicable law.
The moving party shall provide the Brown County Child Support Agency with a copy of the financial disclosure statement, the final stipulation, if any, and the Findings of Fact, Conclusions of Law and Judgment of Divorce.
All motions shall state the supporting statute(s).
All supporting affidavits and documents shall be attached as appendices to the motion or briefs.
All motions shall be supported by affidavits or other papers set with, with particularity, the grounds therefore.
An order releasing such evaluation and containing the text of paragraphs 1, 2 and 3 above shall be attached as a face sheet to such evaluation.
The court shall be informed of all agreed facts in writing prior to trial.
In all Judgments of Foreclosure and Orders Confirming the Sale of Foreclosed Property, the Plaintiff shall provide a final accounting of all funds and a proposed distribution of any surplus funds.
After 20 billable hours if the matter remains unresolved, the guardian ad litem must submit a request, itemized invoice, and proposed order for each litigant to deposit an additional $500.
- Document
- Guardian ad litem deposit request
Must include
- •Proposed order
Court's wording
When twenty billable hours of service have been provided by the guardian ad litem, and the matter has not yet been resolved, the guardian ad litem shall be required to submit a request to the Court, along with an itemized invoice reflecting services performed thus far and a proposed order, requiring each litigant to deposit an additional $500.00 with the Clerk of Circuit Courts Office.
Filing & Service rules
Electronic Filing Rules
Qualifying pleadings and other papers may be filed by plain-paper fax if no filing fee or additional clerk charge applies.
Pursuant to §801.16, Wis. Stats., the filing of pleadings and other papers that do not require a filing fee may be made with the clerk of circuit court through the use of the plain-paper facsimile machine. Documents may be transmitted under the authority of this rule if no additional fee or charge must be paid by the clerk of circuit court for accepting or receiving the facsimile document.
Page 1 | Rule 201(a), Local Fax Rule
A clerk may accept papers routed through a noncourt fax machine only if the transmission complies with the rule or has been approved and certified as specified.
If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
Page 1 | Rule 201(i), Local Fax Rule
An assigned judge may authorize in advance, for good cause, filing particular nonconforming documents that comply with SCR 806.16.
A judge assigned to a particular matter may authorize in advance the filing of particular documents that do not conform to these rules if good cause is show, and they are in conformance with SCR 806.16.
Page 1 | Rule 201(h), Local Fax Rule
Fax filings may be transmitted to the clerk at (920) 448-4156.
Documents may be transmitted to the following number: (920) 448-4156.
Page 1 | Rule 201(c), Local Fax Rule
Filing Timing and Cure Windows
A motion to compel criminal discovery must be filed within ten days after the response or objection deadline.
Any motions to compel discovery shall be filed within ten days of the latter date.
Page 1 | Rule 502, Motion Practice
The recipient of a criminal discovery demand or motion must comply or object in writing within seven days thereafter.
All such demands or motions shall be complied with or objected to, in writing, within seven days thereafter.
Page 1 | Rule 502, Motion Practice
A fax transmission completed after the clerk’s regular business hours is considered filed the next business day.
Papers filed by facsimile transmission completed after regular business hours of the clerk of circuit court’s office are considered filed the next business day.
Page 1 | Rule 201(e), Local Fax Rule
Motions, supporting documents, and briefs must be filed at least 20 days before the hearing unless another rule or court order provides otherwise.
Motions, supporting documents, and briefs shall be filed at least 20 days before the hearing date unless provided otherwise by these rules or order of the court.
Page 1 | Rule 401, Motions – General Filing Requirements
Either party may seek review of the family court commissioner’s certification within ten days after certification.
Within ten days of the family court commissioner’s certification, either party may seek a review of it.
Page 1 | Rule 808, Postjudgment Motions
For felony trials, the court must be notified by the final conference or noon on the preceding Thursday, whichever comes first, whether the case will be tried.
The court shall be notified by the final conference or by noon of the Thursday prior to trial, whichever occurs first, whether the case will be tried.
Page 1 | Rule 507(a), Jury Trials
Proposed jury instructions, verdicts, and applicable law must be filed by the Thursday before trial.
The proposed instructions, verdicts, and applicable law shall be filed with the court no later than the Thursday before trial.
Page 1 | Rule 506, Jury Instructions/Verdicts
The guardian ad litem must submit a final fee statement and payment order within 60 days of the final written order, unless a de novo hearing was requested.
The guardian ad litem shall submit a final statement of fees and an Order for Payment within 60 days of the final written order, unless a de novo hearing has been requested, to the Court Official who presided over the final hearing.
Page 1 | Rule 800(c), Contract Guardians ad Litem
For a misdemeanor or traffic trial, the court must be notified by noon on the preceding Thursday whether the case will be tried.
The court shall be notified by noon of the Thursday prior to trial whether the case will be tried.
Page 1 | Rule 507(b), Jury Trials
Summary-judgment motions may be filed within eight months after the summons and complaint are filed or by the scheduling-order deadline.
The parties may file motions for summary judgment within eight months of the filing of the summons and complaint or within the time set in the scheduling order.
Page 1 | Rule 404(a), Motion for Summary Judgment
Criminal motions other than discovery motions must be filed and heard no later than seven days before trial.
All other motions (including suppression motions, motions in limine, and other §901.04, Wis. Stats., motions) shall be filed and heard no later than seven days prior to the time set for the trial.
Page 1 | Rule 502, Motion Practice
Fax papers are filed upon the clerk’s receipt, become the official court record, and may not be substituted.
Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted.
Page 1 | Rule 201(d), Local Fax Rule
Absent extraordinary circumstances, a de novo hearing request must be filed within 20 days after the oral ruling or mailing of the written decision and heard within 60 days after filing.
Absent a show of extraordinary circumstances, all such requests for hearing: Require that a de novo request be heard within 60 days of being filed and must be filed 20 days after the oral ruling or “mailing” of the written decision.
Page 1 | Rule 812, Review of Family Court Commissioner Decisions
Summary-judgment briefs must be received at least ten days before the hearing.
All briefs must be received at least ten days before the hearing.
Page 1 | Rule 404(b), Motion for Summary Judgment
The sender is responsible for timely, complete fax receipt, including transmission errors and machine outages.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The assigned judge, court commissioner, or clerk is not responsible for errors or failure in transmission that result in missing or illegible documents or periods when a circuit court facsimile machine is not operational for any reason.
Page 1 | Rule 201(f), Local Fax Rule
Service and Proof of Service Rules
To seek a bench warrant or other sanction for a judgment debtor’s nonappearance, the moving party must personally serve the contempt-hearing petition and order concerning failure to file a financial disclosure statement.
In small claims actions, the petition and order for hearing of contempt on the failure to file a financial disclosure statement must be served personally if the moving party wants to request a bench warrant or other sanction for the judgment debtor’s nonappearance.
Page 1 | Rule 603, Financial Disclosure
The summary-judgment motion and supporting documents must be filed and served on opposing parties at least 60 days before the hearing.
The motion with all supporting documents shall be filed with the clerk of circuit court, a courtesy copy to the judge, and served on opposing parties at least 60 days before the hearing.
Page 1 | Rule 404(b), Motion for Summary Judgment
The opposing party must serve and file a written response citing authorities at least ten days before the hearing.
The opposing party shall serve and file a written response with a citation of authorities at least ten days before the hearing.
Page 1 | Rule 402, General Motions
Eviction actions require personal or substituted service.
Eviction actions require personal or substituted service.
Page 1 | Rule 600, Small Claims Practice
All motion documents must be served on the opposing party and filed with the court at least 20 days before the hearing.
All documents shall be served on the opposing party and filed with the court at least 20 days before the hearing.
Page 1 | Rule 402, General Motions
Criminal discovery demands and motions must be filed and served on the opposing party within ten days after arraignment.
All discovery demands/motions shall be filed and served on the opposing party within ten days of the arraignment.
Page 1 | Rule 502, Motion Practice
Mortgage-foreclosure default judgments require an open-court hearing, with notice to all defendants at least ten days beforehand.
All default judgments in mortgage foreclosures shall be scheduled for a hearing in open court, due notice of which shall have been given to all defendants at least ten days before the hearing.
Page 1 | Rule 406(a), Default Judgment
If the specified AFDC or state-arrearage condition applies, the moving party must serve notice on the Brown County Child Support Agency at case commencement or as soon as AFDC receipt is discovered.
When any party is receiving AFDC (Aid to Families with Dependent Children), has applied for AFDC, has received AFDC during the pendency of the action, or an arrearage exists in favor of the State of Wisconsin, the moving party shall serve notice of the action on the Brown County Child Support Agency at the commencement of the action or as soon as it is discovered that a party is receiving AFDC in accordance with §767.15, Wis. Stats.
Page 1 | Rule 809, Notice to Child Support Agency
After personal, substitute, or mail service fails, the plaintiff may request court permission on the return date to use publication to establish jurisdiction.
Where personal, substitute, or mail service has failed, plaintiff may request permission of the court on the return date for publication to establish personal or in rem jurisdiction.
Page 1 | Rule 601, Small Claims Practice
In money-judgment suits, summons may be served personally, by substitute service, or by clerk-sent mail within Brown County.
In suits for money judgments, service of summons may be by personal service, substitute service, or, if within Brown County, by mail sent by the clerk of circuit court.
Page 1 | Rule 600, Small Claims Practice
Replevin actions may be commenced by personal service, substituted service, or certified mail within Brown County.
Replevin actions may be commenced by personal service, substituted service, or, if within Brown County, by certified mail.
Page 1 | Rule 600, Small Claims Practice
After personal and substitute service fails in an eviction action, posting and mailing are the prescribed service procedure following adjournment of the return date.
Where personal and substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.
Page 1 | Rule 601, Small Claims Practice
Courtesy Copy Requirements
At least 60 days before the hearing, the summary-judgment motion and supporting documents must be filed with the clerk, a courtesy copy provided to the judge, and the papers served on opposing parties.
The motion with all supporting documents shall be filed with the clerk of circuit court, a courtesy copy to the judge, and served on opposing parties at least 60 days before the hearing.
Page 1 | Rule 404(b), Motion for Summary Judgment
Sealing & Redaction Procedures
An attorney, guardian ad litem, or unrepresented party who receives a psychological evaluation may not reproduce it.
Said report shall not be reproduced in any fashion by said attorney, guardian ad litem or unrepresented party.
Page 1 | Rule 811(1), Psychological Evaluations
Presentence reports are confidential; clients may review them only with counsel present, and counsel must prevent others from seeing them.
Presentence reports are confidential. Clients may only review them in the presence of counsel. Counsel must ensure that no one but the client sees them.
Page 1 | Rule 512(a), Presentence Reports
Presentence-report copies may be used only for the specified purposes, may not be duplicated, and must be returned for destruction immediately after sentencing; the original remains sealed in the court file.
Copies of presentence reports will be made available by the court only for these purposes and no other copies may be made. The original will be retained in a sealed envelope in the court file. All copies shall be returned to the clerk and destroyed immediately after sentencing.
Page 1 | Rule 512(c), Presentence Reports
Any such attorney, guardian ad litem or unrepresented party shall be advised that the contents of such evaluation should not be disclosed to any person or persons other than a party to the case wherein the evaluation has been made.
Any such attorney, guardian ad litem or unrepresented party shall be advised that the contents of such evaluation should not be disclosed to any person or persons other than a party to the case wherein the evaluation has been made.
Page 1 | Rule 811(2), Psychological Evaluations
Copies of psychological evaluations must be returned to the court when the case is completed.
Copies of such evaluations shall be returned to the Court upon completion of the case.
Page 1 | Rule 811(3), Psychological Evaluations
An attorney, guardian ad litem, or unrepresented party may obtain a psychological evaluation by submitting a written request.
Any attorney for any party, the guardian ad litem, and an unrepresented party may obtain a copy of any psychological evaluation in any case involving said guardian ad litem, attorney for any party, or such party by submitting a written request for a copy of said evaluation.
Page 1 | Rule 811, Psychological Evaluations
Filing Bundling Requirements
Do not send additional or duplicate copies of fax papers; subsequently received duplicates will be discarded.
No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.
Page 1 | Rule 201(d), Local Fax Rule
Pre-Motion Conference Requirements
A motion to compel discovery must include a written statement that consultation and sincere resolution attempts failed, identifying the conference date, place, and participants.
All motions to compel discovery pursuant to Chapter 804 Wis. Stats. 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 conference.
Page 1 | Rule 405(a), Discovery Motions
The de novo review procedure does not apply to stipulations.
(1) Does not apply to stipulations;
Page 1 | Rule 812, Review of Family Court Commissioner Decisions
Adjournment & Extension Requirements
A criminal trial continuance requires court approval and good cause; stipulated requests require named-party consent in writing or on the record, while non-stipulated requests require a motion and hearing.
All stipulated requests for a continuance of trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown. Non-stipulated requests for a continuance must be on motion and hearing with good cause shown by the party. All requests for continuance are subject to the approval of the court.
Page 1 | Rule 501, Continuances
A civil trial continuance requires court approval and good cause; stipulated requests require named-party consent in writing or on the record, and requests must be made by motion and hearing or with the party’s written consent.
All stipulated requests for continuance of trail date shall require the consent of the named parties in writing or on the record and must be for good cause shown. Requests for continuance must be on motion and hearing and for good cause shown by the party or with the party’s written consent. All requests for continuance are subject to the approval of the court.
Page 1 | Rule 410, Continuance of Trial Date
If personal and substitute service fails in an eviction action, the return date is adjourned and posting and mailing are used.
Where personal and substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.
Page 1 | Rule 601, Small Claims Practice
Chambers Communication Rules
The attorney must request a hearing date and time from the court by phone or in writing; filing only with the clerk does not schedule the motion.
It is the attorney’s responsibility to schedule the motion with the court. A motion filed only with the clerk of circuit court will not be scheduled until a specific request by phone or in writing is made of the court for a date and time.
Page 1 | Rule 401, Motions – General Filing Requirements
Threats and security incidents must be reported immediately to the court security officer, personally or by telephone.
All threats and security incidents are to be immediately reported personally or by telephone to the court security officer.
Page 1 | Rule 902, Threats and Security Incidents
The attorney filing a criminal motion must obtain a hearing date by contacting the court’s judicial assistant.
It is the responsibility of the attorney filing the motion to obtain a hearing date by contacting the court’s judicial assistant.
Page 1 | Rule 502, Motion Practice
The requesting party must notify all parties, place the call, and connect those who want to participate by phone.
The party requesting the telephone motion or scheduling conference is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by telephone.
Page 1 | Rule 403, Telephone Motions
A telephone motion or scheduling conference may be arranged by calling the judge’s judicial assistant.
Telephone motions or scheduling conferences can be arranged by calling the judge’s judicial assistant.
Page 1 | Rule 403, Telephone Motions
An attorney may appear by telephone on request at a financial-disclosure contempt hearing.
Upon request, an attorney may appear by telephone.
Page 1 | Rule 603, Financial Disclosure
A telephone motion or scheduling conference date and time are set by the judicial assistant after court approval.
After approval by the court, a date and time will be set by the judicial assistant.
Page 1 | Rule 403, Telephone Motions