Buffalo County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
No filings shall exceed 15 pages in length. A "filing" means the fax cover sheet and all subsequent pages thereafter.
- Page limit
- Up to 15 pages
Document Filing Requirements7 rules
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.
2. The program must be completed with a certificate of completion on file before a final hearing may be scheduled.
Covered child support, maintenance, and family support orders, including modifications entered on or after March 1, 2008, must contain the provisions in Exhibit A.
Court's wording
IT IS ORDERED pursuant to Sec. 753.35(1), any order for child support under Sec. 767.25 or Sec. 48.355, for maintenance under Sec. 767.26, for family support under Sec. 767.261 or any modification thereof entered in Buffalo County on or after March 1, 2008 shall contain the provisions set forth in Exhibit A, Additional Provisions on Child Support per Local Court Rule appended to this Order
A party must complete the financial form within 14 days after it is sent by the Child Support Agency or the Court.
Court's wording
10. FINANCIAL RETURN DISCLOSURE: Pursuant to §767.553, Stats., any party shall complete a financial form within 14 days from the date it is sent to the party by either the Child Support Agency or the Court.
By the return date the defendant must file with the Court proof of timely service of the written answer on the Plaintiff.
A Plaintiff must provide all figures necessary for computation of the amount due unless such itemization would violate state or federal law.
In an action to collect a debt for goods provided or services rendered, the Plaintiff shall at a minimum attach the most recent account statement showing the account number, an account balance verifying the amount claimed in the complaint, and, if the Plaintiff is not the original creditor, a copy of all assignments.
Filing & Service rules
Electronic Filing Rules
Papers may be filed with the Clerk by facsimile under the specified statutory procedures.
Papers may be filed with the Clerk of Circuit Court in accordance with the procedures established in §801.16(2)(a), Wis. Stats. The phone number designated by the court shall be the facsimile phone number of the Clerk of Buffalo County Circuit Court.
Page 1 | Facsimile Transmission of Documents to the Court — Local Court Rule 2007-02
Written answers and proof of service may be filed by fax if they comply with the fax filing policy.
Written answers and proof of service may be filed by fax if they otherwise comply with the fax filing policy.
Page 5 | Pleading in Lieu of Appearance
Filing Timing and Cure Windows
A facsimile transmission completed after the Clerk's regular business hours, on a holiday, or on a weekend 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 or on holidays or week-ends are considered filed the next business day.
Page 1 | Facsimile Transmission of Documents to the Court — Local Court Rule 2007-02
The transmitting party must ensure timely and complete receipt; court personnel are not responsible for transmission errors and need not notify the filer of them.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court judge, court commissioner, or clerk is not responsible for errors or failure in transmission that result in missing or illegible documents or untimely filings, and is not required to notify a party or attorney of errors or failure of transmission.
Page 1 | Facsimile Transmission of Documents to the Court — Local Court Rule 2007-02
The completion certificate must be on file before a final hearing may be scheduled.
2. The program must be completed with a certificate of completion on file before a final hearing may be scheduled.
Page 3 | Order re: Family Counseling in Divorce Action §767.115
The financial form must be completed within 14 days from the date it is sent to the party.
10. FINANCIAL RETURN DISCLOSURE: Pursuant to §767.553, Stats., any party shall complete a financial form within 14 days from the date it is sent to the party by either the Child Support Agency or the Court.
Page 4 | Exhibit A: Additional Provisions on Child Support per Local Court Rule
The defendant must file proof of timely service of the written answer with the Court by the return date.
By the return date the defendant must file with the Court proof of timely service of the written answer on the Plaintiff.
Page 5 | Pleading in Lieu of Appearance
Service and Proof of Service Rules
Eviction actions require service by certified mail with return receipt requested.
Service by certified mail, return receipt requested, is required in all evictions actions.
Page 5 | Service by Mail — Eviction Actions
The defendant must provide an exact copy of the written answer to the Plaintiff. If such delivery to the plaintiff is by mail, such mailing to the Plaintiff must occur at least 3 business days before the return date and time.
The defendant must provide an exact copy of the written answer to the Plaintiff. If such delivery to the plaintiff is by mail, such mailing to the Plaintiff must occur at least 3 business days before the return date and time.
Page 5 | Pleading in Lieu of Appearance
Service by mail to obtain personal judgment is limited to Buffalo County.
Service by mail to obtain personal judgment shall be limited to Buffalo County.
Page 5 | Service by Mail — Personal Judgment
A defendant relying on a written answer must provide the plaintiff an exact copy personally or by fax at least 24 hours before the return date and time.
The defendant must provide an exact copy of the written answer to the Plaintiff. If the copy is delivered to the Plaintiff personally or by fax, such delivery to the Plaintiff must occur at least 24 hours before the return date and time.
Page 5 | Pleading in Lieu of Appearance
Mail service to a post office box is prohibited unless the plaintiff also provides a physical address sufficient to determine whether the location is in Buffalo County.
Service by mail may not be made to a post office box unless the Plaintiff also provides the recipient’s physical address sufficient to identify whether the location is in Buffalo County.
Page 5 | Service by Mail
Service of summons by ordinary mail through the Clerk of Court is authorized in Buffalo County small claims actions, subject to the stated exceptions and other applicable law.
Service of summons by ordinary mail through the office of the Clerk of Court is hereby authorized in all small claims court actions in Buffalo County pursuant to §799.12(3), except as provided herein or as otherwise prohibited by law.
Page 5 | Service by Mail
Chambers Communication Rules
Both parties must notify the Clerk of Circuit Court, the Child Support Unit, and the other party in writing of an employer or address change within ten days.
7. NOTICE OF ADDRESS, EMPLOYER CHANGE: Both parties shall, in writing, notify the Clerk of Circuit Court, the Buffalo County Department of Human Services –Child Support Unit and the other party of any change of employer or change of address within ten (10) days of such change pursuant to §767.58, Stats.
Page 4 | Exhibit A: Additional Provisions on Child Support per Local Court Rule
Both parties must notify the Clerk of Circuit Court, the Child Support Unit, and the other party in writing of specified health-insurance changes within ten days.
8. NOTICE OF HEALTH INSURANCE POLICY/INFORMATION CHANGE: Both parties shall, in writing, notify the Clerk of Circuit Court, the Buffalo County Department of Human Services –Child Support Unit and the other party of any change of the availability of health insurance coverage, through employment or otherwise, any change in cost of such coverage and any change in the policy information including changes in benefits, exclusions, deductible and coinsurance amounts. Notice of the changes shall be given within ten (10) days of such change.
Page 4 | Exhibit A: Additional Provisions on Child Support per Local Court Rule
A payer must notify the Clerk of Circuit Court, the Child Support Unit, and the other party within ten days of an employer change or a substantial income change affecting ability to pay; the notice alone does not change the order.
9. NOTICE OF INCOME CHANGE: Any payer shall notify the Clerk of Circuit Court, the Buffalo County Department of Human Services –Child Support Unit and the other party within 10 days, of any change of employer and of any substantial change in the amount of his or her income, including receipt of bonus compensation, such that his or her ability to pay child support, family support or maintenance is affected. The notification of any substantial change in the amount of the payer’s income will not result in a change of the order unless a revision of the order is sought.
Page 4 | Exhibit A: Additional Provisions on Child Support per Local Court Rule
Parties and attorneys authorized to appear by telephone must call the Court at the return date and time.
Parties and attorneys permitted to appear by phone shall call to the Court at the return date and time.
Page 5 | Telephone Appearances
The court may grant telephone appearances, in its discretion, to out-of-state parties, attorneys, or parties with extenuating circumstances if requested in writing before the initial appearance date.
Telephone appearances may be granted for out-of-state parties, for attorneys representing a party, or for other parties in extenuating circumstances at the discretion of the court if requested in writing before the date of the initial appearance.
Page 5 | Telephone Appearances