Brown County Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Petition and order for contempt hearing

Service

Personal service

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.

CRITICAL

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.

CRITICAL

Applies to

Written response

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.

CRITICAL

Service

Personal service

Eviction actions require personal or substituted service.

Eviction actions require personal or substituted service.

CRITICAL

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.

CRITICAL

Applies to

Discovery demand or motion

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of action

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.

WARNING

Service

Publication

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.

WARNING

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.

WARNING

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.

WARNING

Service

Mail

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.