Court Rules

Burnett County Circuit Court, Wisconsin

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Facsimile Document
15 pgs

Adjournments

  • Continuance requests require good cause and court approval; stipulated requests require the parties’ written or on-record consent, while non-stipulated requests require a motion and hearing and good cause shown by the party or that party’s written consent, and requests are due within 20 days of the hearing or trial notice unless the court shortens the period in its discretion.
  • Continuance requests require court approval and must be requested within 20 days of the hearing or trial notice; if the proceeding’s time limits do not allow that period, the court may shorten the time to file the notice and objection.
  • Continuance requests require good cause, are subject to court approval, and generally must be requested within 20 days after the hearing or trial notice, subject to the court shortening the time when necessary.
Reason for Request
  • When scheduling hearings, meetings, and conferences, reasonable extensions should be granted if they will not adversely affect the court calendar or clients' interests.
  • A stipulated request to continue a hearing or trial requires the parties’ consent in writing or on the record and a showing of good cause.
  • A non-stipulated continuance request must be made by motion and hearing and supported by good cause shown by the party or the party’s written consent.
  • +7 more

Request must include

Reason for Request
  • At least thirty days before a dispositional order terminates, the responsible agency must notify the court whether it will seek an extension or allow the order to terminate.
  • A continuance request must be made in writing and filed with the clerk at least 10 days before trial.

Communication

Phone
715-349-2149
Phone

Clerk

715-349-2147
Scheduling
Phone

Chambers

Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

the document does not exceed fifteen (15) pages in length, excluding cover sheet, unless prior approval has been granted by the Judge

Page limit
Up to 15 pages
Burnett County Circuit Court Rules · Jan 2019 · p. 4
|SectionFacsimile/Email Transmission of Documents to the Court

Document Format Requirements7 rules

FormattingMandatory

Facsimile documents transmitted to a non-court agency, party or company for reception and transmittal to the court shall be accepted for filing only if: (a) they are on plain-paper;

Burnett County Circuit Court Rules · Jan 2019 · p. 5
|SectionFacsimile/Email Transmission of Documents to the Court, 207.02
FormattingMandatory

Videoconferencing technology used in circuit court proceedings in Burnett County shall meet the technical and operational standards set forth in Wis. Stat. § 885.54.

FormattingMandatory

Electronically stored photographic or written evidence offered as an exhibit must be provided in print, while videos must be provided on CD-R or DVD-R.

Formatting

  • Videos stored in electronic format must be provided on CD-Rs or DVD-Rs

Court's wording

Photographic or written evidence stored in electronic format which is sought to be admitted as an exhibit in an evidentiary hearing shall be provided in printed format for admission at trial. This rule includes text messages, emails, photographs maintained on a cellular phone. Further videos stored in electronic format shall be provided on CD-Rs or DVD-Rs.

Burnett County Circuit Court Rules · Jan 2019 · p. 11
|SectionAdmission of Electronic Evidence
FormattingMandatory

Motions must be in writing

FormattingMandatory

Juror requests to be excused shall be in writing except in the case of family, medical, or other emergency. Documentation may be required.

FormattingImportant

All requests for review of court records involving a juvenile shall be in writing.

Burnett County Circuit Court Rules · Jan 2019 · p. 49
|Section735 Requests to review court files involving juveniles
FormattingImportant

The Judge or Court Commissioner may authorize in advance the filing of a particular document that does not conform to these rules if good cause is shown and they are in conformance with the statutes.

Document Filing Requirements89 rules

Filing RequirementsMandatory

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.

Burnett County Circuit Court Rules · Jan 2019 · p. 2
|Section201 Notice of Representation
Filing RequirementsMandatory

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.

Burnett County Circuit Court Rules · Jan 2019 · p. 2
|Section201 Notice of Representation
Filing RequirementsMandatory

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.

Burnett County Circuit Court Rules · Jan 2019 · p. 5
|SectionFacsimile/Email Transmission of Documents to the Court, 207.02
Filing RequirementsMandatory

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.

Burnett County Circuit Court Rules · Jan 2019 · p. 6
|SectionFiling a Name Change, 209.02
Filing RequirementsMandatory

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. Two certified copies of the order will be needed. One copy shall be recorded with the Burnett County Register of Deeds.

Burnett County Circuit Court Rules · Jan 2019 · p. 6
|SectionFiling a Name Change, 209.02
Filing RequirementsMandatory

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). Both parents must agree to the petition unless a parent’s rights have been terminated.

Burnett County Circuit Court Rules · Jan 2019 · p. 6
|SectionFiling a Name Change, 209.01
Filing RequirementsMandatory

The petitioner must also complete the notice of hearing.

Burnett County Circuit Court Rules · Jan 2019 · p. 6
|SectionFiling a Name Change, 209.01
Filing RequirementsMandatory

An affidavit of publication must be filed with the clerk of court prior to the name change hearing.

Burnett County Circuit Court Rules · Jan 2019 · p. 6
|SectionFiling a Name Change, 209.01
Filing RequirementsMandatory

A request to appear by telephone must be made in writing and state that the requester spoke with the client and the client does not object.

Court's wording

The party requesting to appear by telephone must make the request in writing to the judge or commissioner and must state that they have spoken with their client and that their client does not object to their appearance by telephone.

Filing RequirementsMandatory

A non-resident lawyer who is not licensed to practice law in the State of Wisconsin and wishes to appear in any action in any Circuit Court within the Tenth Judicial Administrative District must petition the Circuit Court in writing.

Burnett County Circuit Court Rules · Jan 2019 · p. 10
|SectionOut-Of-State Lawyers / Pro Hac Vice Admission
Filing RequirementsMandatory

b. The active member of the Wisconsin State Bar shall review all pleadings, motions and other papers to be filed with the Circuit Court. Both the non-resident lawyer and the active member of the Wisconsin State Bar shall sign all pleadings and motions.

Burnett County Circuit Court Rules · Jan 2019 · p. 10
|SectionOut-Of-State Lawyers / Pro Hac Vice Admission
Filing RequirementsMandatory

The supporting affidavit or its accompanying documents must identify participating Wisconsin counsel, include a signed pro hac vice application, and provide proof of the application fee, subject to the stated indigent-client waiver.

Court's wording

1. The Affidavit supporting the Petition shall include, or be accompanied by, the following: a. The name of the active member of the Wisconsin State Bar who will participate with the non-resident lawyer. b. A copy of the signed Office of Lawyer Regulation Application for Admission Pro Hoc Vice form. c. Proof of payment of the $250 application fee. Pursuant to SCR 10.03(4)(b)2, the fee shall be waived if the application certifies that the attorney is employed by an agency providing legal services to indigent clients and will be appearing on behalf of an indigent client, or that the applicant will otherwise be appearing on behalf of an indigent client in the proceeding and will be charging no fee for the appearance.

Burnett County Circuit Court Rules · Jan 2019 · p. 10
|SectionOut-Of-State Lawyers / Pro Hac Vice Admission
Filing RequirementsMandatory

If the motion is granted, the cases shall be assigned to the judge with the earliest filed case and the order shall offer signature lines for all judges in all cases being considered.

Burnett County Circuit Court Rules · Jan 2019 · p. 12
|Section302.02 Consolidation of Cases
Filing RequirementsMandatory

A discovery motion to compel must include a written statement that the parties could not resolve the dispute, identifying the date, place, and participants in the 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.

Filing RequirementsMandatory

In mortgage foreclosure actions, a hearing is generally required and the plaintiff shall include with its motion for default judgment the specific property description in the proposed findings of fact, conclusions of law

Filing RequirementsMandatory

Motions shall be accompanied by: legal briefs; affidavits; and a notice of briefing schedule.

Filing RequirementsMandatory

The clerk of court shall also ensure that all relevant paragraphs on the petition and other papers are complete and stated with specificity, and if needed, confer with the judge before filing.

Filing RequirementsMandatory

The clerk of court shall ensure that the petitioner has signed the moving papers and that the signature is notarized.

Filing RequirementsMandatory

the respondent department, committee or board shall cause the record of decision to be transmitted to the clerk of court.

Filing RequirementsMandatory

If the proceedings were recorded, the petitioner must arrange and pay for filing the original transcript or videotape and obtaining a copy for the petitioner’s use.

Court's wording

Notwithstanding the above, if the proceedings of the department, committee or board were recorded by a court reporter by stenographic means or videotape means or by electronic recording, it shall be the petitioner’s responsibility and at petitioner’s expense to arrange for the filing of the original transcript or videotape with the court, and it shall be petitioner’s responsibility to obtain at petitioner’s expense a copy for petitioner’s use.

Filing RequirementsMandatory

shall state with particularity the grounds thereof and the order or relief sought pursuant to Wis. Stat. § 971.30(2).

Filing RequirementsMandatory

If heard by the court commissioner, the commissioner shall advise the judge in writing as to his findings

Filing RequirementsMandatory

When the court appoints criminal defense counsel at county expense outside the State Public Defender’s Office, the defendant must sign a reimbursement acknowledgment at appointment.

Court's wording

When the court appoints criminal defense counsel at county expense (not an appointment by the State Public Defender’s Office), at the time the appointment is made the defendant will be required to sign a statement acknowledging that he or she will reimburse the county for all or part of the counsel fees through a wage assignment or other means.

Burnett County Circuit Court Rules · Jan 2019 · p. 20
|Section425.01 Appointment of Counsel/County Reimbursement
Filing RequirementsMandatory

If such a payment plan is approved, the defendant shall provide the court with a current address, telephone number, and social security number, which will then be kept confidential in the court file.

Filing RequirementsMandatory

If, upon the request of either party, the court determines that a Guardian Ad Litem (GAL) should be appointed, both parties shall file a financial disclosure statement with the court within ten (10) days. Failure to file the statement shall be deemed an admission of ability to pay.

Filing RequirementsMandatory

When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the court shall sign the order for payment as submitted by the GAL.

Filing RequirementsMandatory

A financial disclosure statement must be filed by both parties with the family court commissioner and with the Burnett County Child Support Agency if public assistance is involved

Filing RequirementsMandatory

No final judgment will be granted by the court without a provision regarding payment of the GAL fees and costs, including date certain for payment of remaining fees.

Filing RequirementsMandatory

Any final stipulation submitted by the parties for approval of the court must contain a provision regarding payment of remaining GAL fees.

Filing RequirementsMandatory

Every motion or order to show cause to set or modify support, family support, or maintenance, shall contain language which requires both parties to submit to the court at the scheduled hearing completed financial disclosure statements/budgets and verification of income for two (2) months prior to the hearing date.

Filing RequirementsMandatory

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

Filing RequirementsMandatory

In mortgage foreclosure actions, a hearing is generally required and the plaintiff shall include with its motion for default judgment the specific property description in the proposed findings of fact, conclusions of law and judgment submitted for the court's signature.

Filing RequirementsMandatory

The referral agency shall be required to complete the custody intake referral form before intake is notified.

Burnett County Circuit Court Rules · Jan 2019 · p. 29
|Section702.08 Custody intake "decision guidelines"
Filing RequirementsMandatory

Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

Burnett County Circuit Court Rules · Jan 2019 · p. 36
|Section702.08 Original adult court criminal defendants--secure custody
Filing RequirementsMandatory

If a plea negotiation involves a Consent Decree, the consent decree must be reduced to writing, completely signed by all parties, and presented to the court prior to the deadline for plea negotiations.

Filing RequirementsMandatory

Intake referrals must be submitted in writing on one of the specified Court Referral forms.

Court's wording

All intake referrals under § 48.24(1) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral--Juvenile, Law Enforcement form or the Court Referral-- Juvenile, Non-law enforcement form.

Filing RequirementsMandatory

Any deferred prosecution agreement that includes placement in a Youth Village as described in § 118.42, intake shall provide written notice of that agreement or extension of that agreement to the circuit judge or juvenile court commissioner along with a proposed order for the court official to sign requiring compliance with that agreement.

Document
Written notice

Must include

  • Proposed order
Burnett County Circuit Court Rules · Jan 2019 · p. 44
|SectionDeferred prosecution agreements involving Youth Village Placements
Filing RequirementsMandatory

The juvenile court clerk shall file the court copy of the deferred prosecution agreement and order in a group file.

Filing RequirementsMandatory

A signed JD-1716 must be filed in the court file; if it is unsigned, the clerk or intake worker must file a copy noting who received notice and when.

Court's wording

If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile court clerk or intake workershall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

Burnett County Circuit Court Rules · Jan 2019 · p. 46
|Section715 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)
Filing RequirementsMandatory

At the start of an intake inquiry, the intake worker must advise the child and parents of their rights, obligations, and possible disclosures; the worker may use form JD-1716, and notice is valid whether or not recipients sign it.

Court's wording

At the commencement of the intake inquiry, the juvenile intake worker shall advise the child/juvenile and parents of their rights, obligations and possible disclosures. The juvenile intake worker may do so by providing the child/juvenile and parent(s) who attend with the printed form JD-1716. Notice is considered properly given whether or not the recipients sign the signature block on the form.

Burnett County Circuit Court Rules · Jan 2019 · p. 46
|Section715 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)
Filing RequirementsMandatory

Court reports that have been ordered by the court shall be completed and filed with the court not less than five working days before the scheduled dispositional hearing.

Filing RequirementsMandatory

At the start of a custody hearing, the court must advise the child and parents of their rights, obligations, and possible disclosures; it may use form JD-1716, and notice is valid whether or not recipients sign it.

Court's wording

At the commencement of the custody hearing, the court shall advise the child/juvenile and parent(s) of their rights, obligations and possible disclosures. The court may do so by ensuring that the child/juvenile and parent(s) who attend have been provided with the printed form JD-1716 [Notice of Rights, Obligations, and Possible Disclosure] by the intake worker. Notice is considered properly given whether or not the recipients sign the signature block on the form.

Burnett County Circuit Court Rules · Jan 2019 · p. 46
|Section715 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)
Filing RequirementsMandatory

A signed JD-1716 must be filed in the juvenile intake worker's file; if it is unsigned, the worker must file a copy noting who received notice and when.

Court's wording

If signed, the signed copy of JD-1716 shall be filed in juvenile intake worker's file. If the child/juvenile or parent(s) did not sign, the juvenile intake worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

Burnett County Circuit Court Rules · Jan 2019 · p. 46
|Section715 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)
Filing RequirementsMandatory

The exterior of the sealed material shall simply state "Sealed: not to be opened except upon express order of the court." No reference shall be made that the contents are "expunged" materials.

Burnett County Circuit Court Rules · Jan 2019 · p. 51
|SectionExpunction of the record of a delinquency adjudication
Filing RequirementsMandatory

The Juvenile Court Clerk must not accept a petition under §§ 48.13 or 48.14 unless it has first been referred to juvenile intake for an intake inquiry.

Court's wording

The Juvenile Court Clerk shall not accept for filing any petition under § 48.13 or 48.14, Wisconsin Statutes, presented by the counsel or guardian ad litem for a parent, relative, guardian or child, or directly by such a person acting without an attorney, unless that petition has been first referred to juvenile intake for an intake inquiry under § 48.24, Wisconsin Statutes.

Burnett County Circuit Court Rules · Jan 2019 · p. 52
|SectionDuties of the Juvenile Court Clerk in handling CHIPS petitions filed by the counsel or guardian ad litem for a parent, relative, guardian, or child, or directly by such a person acting without an attorney.
Filing RequirementsMandatory

All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for determination of status--delinquency.

Document
Reverse waiver delinquency proceeding

Must include

  • Petition for determination of status--delinquency
Burnett County Circuit Court Rules · Jan 2019 · p. 52
|SectionDelinquency proceedings commenced by a reverse waiver
Filing RequirementsMandatory

Documents requiring original signatures may be faxed only for the purpose of showing the court the document is complete; the original must be filed with the court.

Filing RequirementsMandatory

Filing of documents: all documents relating to Probate Court subject matter are to be filed at the Register in Probate office unless filed with the court at the time of the hearing.

Filing RequirementsMandatory

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

Filing RequirementsMandatory

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

Filing RequirementsMandatory

Wills: only original wills will be accepted for filing with the court. Copies of wills will only be permitted if the attorney can prove validity.

Filing RequirementsMandatory

The trust inventory shall be filed before the estate will be closed.

Filing RequirementsMandatory

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

Burnett County Circuit Court Rules · Jan 2019 · p. 57
|Section805.06 Hearing or Waiver of Hearing
Filing RequirementsMandatory

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

Burnett County Circuit Court Rules · Jan 2019 · p. 57
|Section805.07 Objections to claims filed
Filing RequirementsMandatory

A Wisconsin closing certificate for fiduciaries must be filed before an estate closes unless the court approves a waiver petition.

Court's wording

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, unless the court approves a petition to waive.

Filing RequirementsMandatory

A proposed order shall also be submitted.

Must include

  • Proposed order
Burnett County Circuit Court Rules · Jan 2019 · p. 57
|Section805.11 Extensions of time to closing estates
Filing RequirementsMandatory

signed receipts from heirs or beneficiaries and 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.

Filing RequirementsMandatory

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 if requested by the beneficiary.

Filing RequirementsMandatory

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

Filing RequirementsMandatory

The trust beneficiary(ies) shall file a Trust Receipt for assets received from the Trustee.

Filing RequirementsMandatory

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

Filing RequirementsMandatory

For discharge of an estate guardian after the ward’s death, the probate court must be notified and the approved final account and a proper receipt for the remaining estate assets must be filed.

Court's wording

807.07.2 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.

Filing & Service rules

Electronic Filing Rules

Pleadings and other papers must be e-filed; where e-filing is unavailable or a party is not subject to e-filing requirements, documents may be fax-filed if the stated fee and page-limit conditions are met and the court incurs no additional charge.

The filing of pleadings and other papers with the court shall be made by e-filing them. For cases that do not permit e-filing or for parties not subject to e-filing requirements, documents may be filed by facsimile transmitted to the courts shall be accepted for filing only if: (a) no filing fee is required, unless such fee has already been paid; (b) the document does not exceed fifteen (15) pages in length, excluding cover sheet, unless prior approval has been granted by the Judge; and (c) no additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

Page 4 | Facsimile/Email Transmission of Documents to the Court

A party submitting a document by fax must send the original transmission only to the clerk's fax number and need not also fax it to the judge or court commissioner.

A party submitting a document shall make the original transmission through the clerk of circuit court facsimile at (715) 349-7659 only, and is not required to also transmit to the judge or court commissioner facsimile.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.05

Facsimile documents relayed to the court through a non-court entity are accepted only if they are on plain paper and do not require a filing fee or an additional court charge.

Facsimile documents transmitted to a non-court agency, party or company for reception and transmittal to the court shall be accepted for filing only if: (a) they are on plain-paper; (b) no filing fee is required; (c) no additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document;

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.02

Documents requiring original signatures may be faxed only to show the court that they are complete, and the original must still be filed.

Documents requiring original signatures may be faxed only for the purpose of showing the court the document is complete; the original must be filed with the court.

Page 56 | 803: Filing of Documents

No additional copies of facsimile papers may be sent.

No additional copies may be sent.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.05

The court may authorize in advance the filing of a nonconforming document if good cause is shown and the filing conforms to Wis. Stat. § 801.16.

The court may authorize, in advance, the filing of particular documents in a case that do not conform to these rules, if good cause is shown and they are in conformance with Wis. Stat. § 801.16.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.02

Social workers should file documents with the district attorneys' office or through electronic filing.

Social workers should file the documents either with the district attorneys' office or through electronic filings.

Page 27

Recommendations should be filed with the district attorney or electronically.

Recommendations should be filed with the district attorney or electronically.

Page 32

Documents intended for court reference or another non-filing purpose may be faxed at the discretion of specified court personnel.

Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge, court commissioner, judicial assistant or clerk.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.05

Filing Timing and Cure Windows

The notice of retainer or order appointing counsel must be filed as soon as practicable.

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.

Page 2 | 201 Notice of Representation

A party may file a demand for a de novo hearing within 20 consecutive days after the decision, counting weekends and holidays.

Any party may file a demand for a de novo hearing with the assigned judge within twenty (20) days from the date of a decision. Twenty (20) days shall be counted consecutively and include weekends and holidays.

Page 4 | De Novo Review of Court Commissioner Orders

A facsimile filing transmitted through a non-court entity is complete when the court receives it.

filing is complete upon receipt by the court.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.02

Facsimile papers are filed when received by the clerk, become the court's official record, and may not be substituted.

Facsimile papers are considered filed upon receipt by the clerk of circuit court and are thus the official record of the court and may not be substituted.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.05

The affidavit of publication must be filed before the name-change hearing.

An affidavit of publication must be filed with the clerk of court prior to the name change hearing.

Page 6 | Filing a Name Change, 209.01

In a small claims eviction action, the jury demand must be filed at or before joinder of issue.

In eviction actions, the demand shall be filed at or before the time of joinder of issue.

Page 7 | Jury Fees § 213.02 Small Claims Actions

In small claims actions other than eviction actions, the jury demand must be made when the party demands trial for review of the circuit court commissioner's decision.

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 7 | Jury Fees § 213.02 Small Claims Actions

A defendant may demand a jury trial within ten days after entering a not guilty plea in an ordinance or traffic court action.

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 7 | Jury Fees § 213.03 Ordinance and Traffic Court Actions

A telephone-appearance request must be received at least 48 hours before the hearing unless the court approves otherwise.

This request must be received at least 48 hours prior to the hearing, unless otherwise approved by the court.

Page 9 | Telephonic Appearances

In actions where the defendant was personally served, ten days’ notice is required before entry of default judgment, except in mortgage foreclosures.

Except as to mortgage foreclosures, in all actions where personal service was obtained upon the defendant, ten (10 days notice shall be required prior to the entry of judgment.

Page 14 | 306.01 Default Judgment

Unless the judge or scheduling order provides otherwise, trial briefs, proposed verdicts, instructions, and motions in limine must be filed one week before pretrial, subject to court approval of another arrangement.

Unless otherwise provided by the judge or scheduling order, all trial briefs, proposed verdicts, instructions and motions in limine shall be filed one week prior to the pretrial, unless otherwise approved by the Court.

Page 14 | 305.04 Trial Briefs, Proposed Verdict and Instructions

The motion must be filed before a hearing date will be set.

Motion hearing dates will not be set until motion is filed.

Page 14 | 305.01 Motion Practice

The parties may file summary judgment motions within eight months after filing the summons and complaint or by the time set in the scheduling order.

The parties may file motions for summary judgment within eight (8 months of the filing of the summons and complaint or within the time established in the scheduling order, as allowed under Wis. Stat. § 802.08.

Page 15 | 306.02 Summary Judgment

Motions must be filed by 4:00 p.m. for same-day review; motions filed later will not be reviewed until the next morning.

All motions must be filed by 4:00 p.m. to ensure that a judge or commissioner can review the request for the temporary. Motions filed after 4:00 p.m. will not be reviewed until the next morning.

Page 15 | 307.01

The notice must state that the defendant has 15 days from its date to request a hearing in writing before default judgment may be entered.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15 days of the date of the notice, a default judgment may be entered.

Page 15

Attorneys must file pretrial motions within 10 days after a probable cause finding unless the court approves otherwise.

Pretrial motions shall be filed by the attorney 10 days after a probable cause finding, unless otherwise approved by the court.

Page 19 | 409.01 Motion Practice

Both parties must file financial disclosure statements within 10 days after the court determines on a party’s request that a GAL should be appointed.

If, upon the request of either party, the court determines that a Guardian Ad Litem (GAL) should be appointed, both parties shall file a financial disclosure statement with the court within ten (10) days.

Page 22 | Guardian ad litem

The financial disclosure statement must be filed before or at the temporary-order hearing, or before entry of a temporary order based on written stipulation.

A financial disclosure statement must be filed by both parties with the family court commissioner and with the Burnett County Child Support Agency if public assistance is involved, before or at the time of the hearing on the temporary order or prior to the entry of any temporary order based upon a written stipulation.

Page 23 | 504.02

An updated financial disclosure statement must be filed at the final hearing or at another time ordered by the trial court.

An updated financial disclosure statement shall be filed at the final hearing, or at such time as ordered by the trial court.

Page 23 | 504.04

A defendant must request a hearing in writing within 15 days of the notice to avoid the possibility of a default judgment being entered without a hearing.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

Page 25 | 601 Service

If no ADR is requested, none will occur and the responsive pleading remains due as stated in the Summons.

602.04.1 If there is no request for Alternative Dispute Resolution (ADR), none will occur and a responsive pleading is due as required by the Summons.

Page 26 | 602 Mediation

Requesting mediation does not extend the deadline for filing responsive pleadings while the applicability of a settlement alternative is being determined.

602.04 A request for mediation will not extend the time for filing any responsive pleadings while the applicability of a settlement alternative is determined.

Page 26 | 602 Mediation

A written intake referral must be filed within five days of the custody order when no custody hearing is requested for a child placed outside the home; this rule does not apply to the specified defendants age 14 or under held in secure custody.

If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant to § 48.24 or 938.24, Wisconsin Statutes, has been filed within five (5) days of the date of the custody order. Rationale: Persons who are taken into custody must not be left in a "limbo" status. Intake inquiries must be promptly filed in order to initiate the formal court process. Five days is an appropriate maximum amount of time for the requesting agency to file the intake referral. b. This rule does not apply to defendants age 14 or under charged with an original adult court jurisdiction matter who are being held in secure custody. Rationale: Defendants in an original adult court jurisdiction matter who are being held in secure custody are under the procedures of the adult court, not the juvenile court. There are no "referrals" to intake for such matters. The defendant is held until bail/bond conditions have been met.

Page 35 | Deadline for petitions if no custody hearing is requested

If a petition has not been filed by the custody hearing and statutory grounds for an extension exist, a petition in a Chapter 48 matter must be filed within 72 hours from the hearing, excluding Saturdays, Sundays, and legal holidays.

3. If a petition under either Chpt. 48 or Chpt. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: b. Chpt. 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.

Page 39 | Custody hearings and petitions

If a petition has not been filed by the custody hearing and statutory grounds for an extension exist, a petition in a Chapter 938 matter must be filed within 48 hours from the hearing.

3. If a petition under either Chpt. 48 or Chpt. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: a. Chpt. 938 matters: 48 hours from the time of the hearing.

Page 39 | Custody hearings and petitions

Court-ordered reports must be filed at least five working days before the scheduled dispositional hearing.

Court reports that have been ordered by the court shall be completed and filed with the court not less than five working days before the scheduled dispositional hearing.

Page 46 | 720 Dispositional activities

The party transmitting a document is responsible for ensuring that it is received on time and in full.

The party transmitting the document is solely responsible for ensuring its timely and complete receipt.

Page 56 | 803: Filing of Documents

Service and Proof of Service Rules

When seeking withdrawal, the attorney must give notice of the hearing to the court and all opposing parties; the notice method is not specified.

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.

Page 2 | 201 Notice of Representation

A copy of the notice of hearing must be published in the local newspaper or official county newspaper for three weeks.

A copy of the notice of hearing must be published with the local newspaper or in the official county newspaper for three (3) weeks.

Page 6 | Filing a Name Change, 209.01

The required default-judgment notice may be provided by an affidavit of mailing or a cover letter showing that the defendant was copied on the default papers filed with the court.

Notice may be accomplished by either an affidavit of mailing or cover letter showing that the defendant was copied on the default papers filed with the court.

Page 14 | 306.01 Default Judgment

The party requesting a telephone motion must notify all parties, initiate the call, and connect those who wish to appear by telephone.

The party requesting the telephone motion is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by telephone.

Page 14 | 305.03 Telephone Motions

When personal service has not been obtained, the notice of motion for default judgment must be mailed to the defendant’s last known address.

notice of motion for default judgment shall be given to the defendant by regular mail at the defendant's last known address.

Page 15

When drafting an order for payment, the GAL must copy all counsel and parties.

When drafting an order for payment, the GAL shall copy all counsel and parties

Page 23 | 503.07

When the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant's last known address.

In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to the defendant by regular mail at the defendant's last known address.

Page 25 | 601 Service

The foreclosure plaintiff must determine who occupies the property and notify any occupants other than the defendant borrowers of the pending foreclosure action.

602.05 In foreclosure actions, the plaintiff(s) shall determine whether and by whom the subject real estate is occupied. If the subject real estate is occupied by persons other than the defendant borrower(s), the plaintiff(s) shall give notice of the pending action to foreclosure to the occupants.

Page 26 | 602 Mediation

After the order is signed, intake must provide written copies of the agreement and order to the juvenile, the parent, guardian, or legal custodian, the service agency, and the juvenile court clerk.

Upon signing of the order, intake shall provide written copies of the agreement and order to: the juvenile; the parent, guardian, or legal custodian; the agency providing services under the agreement; and, the juvenile court clerk.

Page 44 | Deferred prosecution agreements involving Youth Village Placements

If a parent does not attend the custody hearing and their address is known, the clerk or intake worker must send them form JD-1716 immediately after the hearing.

If a parent does not attend the custody hearing, the juvenile court clerk or intake worker shall send a copy of the written form JD-1716 to the nonattending parent if the address is known immediately at the conclusion of the hearing.

Page 46 | 715 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)

The agency must transmit court-report copies to the attorneys involved and directly to any unrepresented parents.

The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

Page 46 | 720 Dispositional activities

The agency must send all parties entitled to notice copies of its communication to the court, whether a petition or letter.

The agency shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

Page 47 | Extensions of dispositional orders

The personal representative or estate attorney must send all interested parties notice of the objection and hearing.

The personal representative or attorney for the estate shall send notice of the objection and notice of the hearing to all interested parties.

Page 57 | 805.07 Objections to claims filed

In eviction and replevin actions, a petition or motion to set aside judgment must be served by mail with a certificate or affidavit of mailing at least 48 hours before the hearing.

(7) In evictions and replevin actions, the Petition/Motion to set aside judgment shall be served by mail with certificate of mailing or affidavit of mailing not later than 48 hours before the time specified for the hearing.

Page 60 | 901.01

When personal and substituted service have failed in an eviction action, the procedure is to adjourn the return date and use posting and mailing.

(6) Where personal and substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.

Page 60 | 901.01

In small-claims suits for money judgments, summons may be served personally, by substituted service, or, within Burnett County, by mail sent by the Burnett County Clerk of Court.

901.01 Alternatives for service of summons and complaint. (1) In suits for money judgments, service of summons may be by personal service, substituted service or, if within Burnett County, by mail sent by the Burnett County Clerk of Court.

Page 60 | 901.01

If the post office returns the summons to the Clerk of Court’s Office, the plaintiff must serve the defendant by personal service, substituted service, or publication.

(2) If a summons is returned to the Clerk of Court’s Office by the post office, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication.

Page 60 | 901.01

Eviction actions require personal or substituted service.

(3) Eviction actions require personal or substituted service.

Page 60 | 901.01

Replevin actions must be commenced by personal service.

(4) Replevin actions must be commenced by personal service.

Page 60 | 901.01

The defendant must provide a copy of the Answer to the plaintiff or the plaintiff’s attorney before the return date.

The defendant must also provide a copy of any such Answer to the plaintiff (or the plaintiff’s attorney) prior to the return date.

Page 61 | 902.01 Appearance in Small Claims Actions (Except Evictions)

A copy of the more detailed statement must be sent to all opposing parties.

A copy of this statement must also be sent to all opposing parties.

Page 62 | 905.50 More Detailed Statement

A plaintiff may not serve a defendant with the summons and complaint by first-class or certified mail at the defendant’s workplace; the restriction does not apply to personal service there.

The plaintiff may not serve the summons and complaint on a defendant by first class mail or certified mail at his or her workplace. This exception does not apply to personal service on a party at his or her workplace.

Page 62 | 904.03 Use of Work Address

The debtor must mail the financial disclosure statement directly to the judgment creditor within 15 days after judgment is filed, unless the judgment is paid within that period; the statement need not be filed in court.

He or she must mail it directly to the judgment creditor within fifteen (15) days after the judgment is filed in court, unless within that time the judgment is paid. The debtor need not file this information in court.

Page 63 | 906.75 Financial Disclosure Statements

The contempt petition and hearing order must be personally served if the moving party seeks a bench warrant or other sanction for the debtor’s failure to appear.

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 63 | 906.77 Contempt

The creditor must complete the earnings garnishment form and serve one form on the debtor and one on the garnishee defendant within 60 days after filing the notice.

The creditor must complete the earnings garnishment form and within sixty (60) days after filing notice, the creditor shall serve one of the two (2) earnings garnishment forms upon the debtor and one upon the garnishee defendant.

Page 64 | 907.03

Notice of the hearing must be given to the creditor, debtor, and garnishee defendant.

Notice of the hearing shall be given to the creditor, debtor and garnishee defendant.

Page 64 | 907.07 Demand for Hearing

The debtor must complete the answer form and deliver or mail it to the garnishee.

The debtor must complete the form and deliver or mail it to the garnishee.

Page 64 | 907.06 Debtor’s Answer

Filing Fees and Waivers

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 6 | Filing a Name Change, 209.02

A party may file a written jury-trial demand in a small claims action upon payment of the $36.00 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 7 | Jury Fees § 213.02 Small Claims Actions

If the civil jury fee is not paid timely, 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 7 | Jury Fees § 213.01 Civil Actions

The applicable six-person or twelve-person jury fee must be paid when the civil action is commenced 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 7 | Jury Fees § 213.01 Civil Actions

If the jury fee is not paid timely 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 7 | Jury Fees § 213.03 Ordinance and Traffic Court Actions

A pro hac vice application requires a $250 fee, which is waived if the application certifies either of the stated circumstances involving representation of an indigent client.

c. Proof of payment of the $250 application fee. Pursuant to SCR 10.03(4)(b)2, the fee shall be waived if the application certifies that the attorney is employed by an agency providing legal services to indigent clients and will be appearing on behalf of an indigent client, or that the applicant will otherwise be appearing on behalf of an indigent client in the proceeding and will be charging no fee for the appearance.

Page 10 | Out-Of-State Lawyers / Pro Hac Vice Admission

When a petitioner seeks a fee waiver based on indigency, the commissioner or judge must determine indigency.

If the petitioner seeks to have the filing fees waived due to indigency, the court commissioner or judge shall determine the question of indigency.

Page 15 | 307.01

If the mediator requests prepayment, it must be received by the date in the mediation order or the session will be canceled without further notice.

The fee generally must be prepaid to the mediator, if requested. If prepayment is not received by the date set forth in the mediation order, the mediation session will be cancelled without further notice.

Page 24 | 505.03

Court-file copies will not be faxed until the applicable costs are received in advance, and fax may not be used to avoid statutory copy fees.

Copies of documents from court files will not be transmitted by facsimile without the appropriate costs being received in advance. The facsimile machine is not to be utilized in an effort to avoid payment of statutory copy fees.

Page 56 | 803: Filing of Documents

A living person’s will filed for safekeeping must be accompanied by the statutory filing fee.

Wills of living persons filed for safekeeping shall be accompanied by the statutory filing fee and other information as the Register in Probate may require.

Page 56 | 805: Estates

A statutory filing fee must be paid when an objection to a Will is filed.

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

Page 57 | 805.06 Hearing or Waiver of Hearing

A statutory filing fee must accompany the estate inventory.

estate inventory shall be filed no later than 4 months after the issuance of letters together with the statutory filing fee.

Page 57 | 805.08 Inventory

A statutory filing fee must accompany the guardianship inventory.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

Page 58 | 807.02 Guardianships

A statutory filing fee must accompany the conservatorship inventory.

The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

Page 58 | 807.04 Conservatorships

A statutory filing fee must accompany the guardianship inventory.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of

Page 58 | 807.03 Minor guardianships

A $5 docketing fee for a judgment is payable upon entry of the judgment.

There is a $5.00 fee for docketing a judgment, to be paid upon entry of same.

Page 63 | 906.70 Judgments

Either party may demand a jury trial pursuant to Wis. Stat. § 799.21(3). The party who files the demand must pay an additional $53.00 filing fee plus a non-refundable $36.00 jury fee ($6.00 per juror).

Either party may demand a jury trial pursuant to Wis. Stat. § 799.21(3). The party who files the demand must pay an additional $53.00 filing fee plus a non-refundable $36.00 jury fee ($6.00 per juror).

Page 63 | 906.60 Jury Demand

A creditor commencing an earnings garnishment action must file an Earnings Garnishment Notice and pay the required filing fee.

To commence a garnishment action, a creditor must file an “Earnings Garnishment Notice” and pay the required filing fee

Page 64 | 907.01 Commencement of Earnings Garnishment

A party may file a written jury-trial demand upon payment of a $36 fee.

Pursuant to Wis. Stat. § 345.43 any party may, upon payment of a $36.00 jury fee, file a written demand for a jury trial within ten (10) days after the date the defendant has entered a not guilty plea.

Page 65 | 1004 Jury Trial Demands

A fax document is accepted only if the circuit court is not required to pay an additional fee or charge to accept or receive it.

no additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

Page 4 | Facsimile/Email Transmission of Documents to the Court

A fax filing is accepted only if no filing fee is required or any required fee has already been paid.

no filing fee is required, unless such fee has already been paid;

Page 4 | Facsimile/Email Transmission of Documents to the Court

The court may charge $1.25 per page for outgoing facsimiles.

The court may charge $1.25 per page for outgoing facsimiles.

Page 5 | Facsimile/Email Transmission of Documents to the Court, 207.05

The Register of Deeds may also charge a recording fee.

A recording fee may also be charged by the Register of Deeds.

Page 6 | Filing a Name Change, 209.02

Fines, attorney fees, court costs, and restitution may be paid in installments only when ordered by the assigned judge or court commissioner.

In any criminal or traffic matter, any fine, attorney fee, court cost, or restitution order may be paid in installments when so ordered by the assigned judge or court commissioner.

Page 21 | Installment Payments

The court may order a party to deposit funds with the clerk to cover court-ordered custody and psychological evaluation costs.

The court may order a party to deposit funds with the clerk of court to cover the cost of court-ordered custody and psychological evaluations.

Page 21 | Advanced payments on custody and psychological evaluations

Upon appointing a GAL, the court will normally require one or both parties to deposit a $300 partial prepayment of the GAL fee with the clerk.

The court will normally require one or both parties to deposit partial prepayment of the GAL fee in the amount of $300 to the clerk of court upon appointment of a GAL.

Page 22 | Guardian ad litem

The court may reduce or waive the $500 GAL deposit if a party is indigent.

The court may reduce the $500 deposit amount or waive the deposit requirement if a party is indigent.

Page 22 | Guardian ad litem

Sealing & Redaction Procedures

The listed records are presumed confidential and cannot 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, presentence investigation reports, medical reports, psychological evaluations, confidential judge and court commissioner notes that are work-product, and financial disclosure statements.

Page 3 | Confidential Records

A petitioner’s contact information must be sealed in the court file and may not be accessed without a court order.

Any contact information provided by a petitioner shall be sealed in the court file and may not be accessed unless otherwise ordered by the court.

Page 15 | 307.02

Before sentencing, the judge must disclose the presentence report to defense counsel and the district attorney, or to the defendant if unrepresented.

When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant’s attorney and to the district attorney prior to sentencing. When the defendant is not represented by an attorney, the contents shall be disclosed to the defendant.

Page 19 | 410.01 Pre-sentence Reports

A district attorney or defense attorney who receives a copy of the report must keep it confidential.

A district attorney or defendant’s attorney who receives a copy of the report shall keep it confidential.

Page 20 | 410.01 Pre-sentence Reports

After sentencing, the presentence report is confidential and may be made available only with specific court authorization, except as otherwise provided by statute.

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.

Page 20 | 410.01 Pre-sentence Reports

A defendant who views the presentence report must keep its information confidential.

A defendant who views the contents of a presentence report shall keep the information in the report confidential.

Page 20 | 410.01 Pre-sentence Reports

If expunction is granted, the juvenile clerk must follow standard CCAP procedures to remove the adjudication from the computerized record and seal all documents referring to it inside the court file.

If the court grants the petition for expunction of the juvenile adjudication, the juvenile clerk shall: a. Follow standard CCAP procedures for removal of the adjudication from the computerized record; b. Seal inside the court file all documents referring to the adjudication, including but not limited to: the dispositional order, the dispositional court report, all motions and orders concerning extensions, revisions, or changes of placement, all petitions and orders for sanctions, all minute sheets referring to the adjudication or other post-adjudication proceedings, transcripts of court proceedings referring to the adjudication or other post-adjudication proceedings, the petition and order for expunction.

Page 51 | Expunction of the record of a delinquency adjudication

No copies of juvenile court records may be made or provided to a person requesting access.

No copies of any court records shall be made or provided to any person requesting access to the records of a juvenile.

Page 51

The Social Security number provided for an approved payment plan must be kept confidential in the court file.

If such a payment plan is approved, the defendant shall provide the court with a current address, telephone number, and social security number, which number shall then be confidential in the court file.

Page 65 | 1005 Time Payments

An unrepresented defendant may view the presentence report but may not keep a copy.

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.

Page 20 | 410.01 Pre-sentence Reports

The defendant’s address, telephone number, and Social Security number provided for an approved payment plan are kept confidential in the court file.

If such a payment plan is approved, the defendant shall provide the court with a current address, telephone number, and social security number, which will then be kept confidential in the court file.

Page 21 | Installment Payments

Financial disclosure statements must remain confidential in court files and may be accessed only by a party or that party's attorney.

Due to the personal and private nature of the information provided in financial disclosure statements, all such documents shall be confidential in court files and may be accessed only by a party or his or her attorney.

Page 23 | 504.03

The judge may conceal the identity of a person who provided information for the presentence report.

The judge may conceal the identity of any person who provided information in the presentence investigation report.

Page 19 | 410.01 Pre-sentence Reports

The district attorney and the defendant’s attorney are entitled to have and keep a copy of the presentence investigation report and may do so at the district attorneys' office by asking to view a copy.

The district attorney and the defendant’s attorney are entitled to have and keep a copy of the presentence investigation report and may do so at the district attorneys' office by asking to view a copy.

Page 20 | 410.01 Pre-sentence Reports

Pre-Motion Conference Requirements

Before filing a discovery motion to compel, the movant must consult with the opposing party and make sincere efforts to resolve the dispute.

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.

Page 13 | 304 Discovery

At the final conference, the moving party must advise the court if a motion requires an evidentiary hearing.

It is the responsibility of the moving party to advise the court at time of final conference when a motion requires an evidentiary hearing.

Page 19 | 409.01 Motion Practice

A motion must be filed before a hearing date will be set.

Motion hearing dates will not be set without first filing a motion.

Page 19 | 409.01 Motion Practice

Suggested briefing standards are 20 days for responsive briefs and affidavits, followed 10 days later by reply briefs and affidavits.

Standards suggested are twenty (20 days for responsive briefs and affidavits, and ten (10 days thereafter for reply briefs and affidavits.

Page 15 | 306.02 Summary Judgment

Summary judgment motions are decided without oral argument unless otherwise ordered; the assigned judge may schedule argument upon request.

Summary judgment motions will be decided without oral argument unless otherwise ordered. Oral argument will be scheduled upon request and in the discretion of the assigned judge.

Page 15 | 306.02 Summary Judgment

A motion hearing will be held before trial unless the court determines otherwise.

The hearing will be heard prior to trial unless the court determines otherwise.

Page 19 | 409.01 Motion Practice

Adjournment & Extension Requirements

Continuance requests require good cause and court approval; stipulated requests require the parties’ written or on-record consent, while non-stipulated requests require a motion and hearing and good cause shown by the party or that party’s written consent, and requests are due within 20 days of the hearing or trial notice unless the court shortens the period in its discretion.

All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party’s written consent. 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 to file a notice of continuance and objection.

Page 3 | Continuances

A non-stipulated continuance request must be made by motion and hearing and supported by good cause shown by the party or the party’s written consent.

Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party’s written consent.

Page 12 | 302.04 Continuances

Continuance requests require court approval and must be requested within 20 days of the hearing or trial notice; if the proceeding’s time limits do not allow that period, the court may shorten the time to file the notice and objection.

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 to file a notice of continuance and objection.

Page 12 | 302.04 Continuances

A stipulated request to continue a hearing or trial requires the parties’ consent in writing or on the record and a showing of good cause.

All stipulated requests for the continuance of a hearing/ trial require the consent of the parties in writing or on the record and must be for good cause shown.

Page 12 | 302.04 Continuances

Continuance requests require good cause, are subject to court approval, and generally must be requested within 20 days after the hearing or trial notice, subject to the court shortening the time when necessary.

506.01 All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party’s written consent. 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 to file a notice of continuance and objection.

Page 25 | Continuances

At least thirty days before a dispositional order terminates, the responsible agency must notify the court whether it will seek an extension or allow the order to terminate.

The agency primarily responsible for implementation of a dispositional order shall notify the court at least thirty days prior to the termination of an order as to whether the agency will seek to extend the dispositional order or allow it to terminate.

Page 47 | Extensions of dispositional orders

The court must schedule a hearing for every extension request and, for requests filed in the final thirty days, must attempt to hold it before termination; if that is not possible, it will grant a temporary thirty-day extension.

The court shall schedule an extension hearing in all cases where a request for an extension is filed. If the extension request is filed during the thirty-day period immediately prior to the termination of the order, the court shall attempt to schedule the case before the termination date. If the court cannot schedule the matter before the termination date, the court will grant the request for a temporary thirty-day extension under § 48.365(6) or 938.365(6), Wisconsin Statutes.

Page 48 | Extensions of dispositional orders

An extension request received during the final thirty days of a dispositional order must include a request for a temporary thirty-day extension to allow a hearing to be scheduled.

A request to extend a dispositional order received during the thirty day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under § 48.365(6) or 938.365(6), Wisconsin Statutes, in order to schedule a hearing.

Page 48 | Extensions of dispositional orders

If an estate cannot be closed within the required time, a petition stating the reasons for an extension must be filed with the court.

when an estate cannot be closed within the required time limits, a petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court.

Page 57 | 805.11 Extensions of time to closing estates

A continuance request must be made in writing and filed with the clerk at least 10 days before trial.

906.55 Continuances. All requests for continuances must be made in writing and filed with the clerk of court at least ten (10) days before the trial date.

Page 63 | 906.55 Continuances

A request to extend the time to pay beyond the original agreement must be submitted to the clerk of courts and is subject to the judge’s review and approval.

Any request for an extension of time to pay past the time set forth in the original agreement shall be submitted to the clerk of courts, subject to review and approval by the judge.

Page 65 | 1005 Time Payments

When scheduling hearings, meetings, and conferences, reasonable extensions should be granted if they will not adversely affect the court calendar or clients' interests.

In scheduling all hearings, meetings and conferences, be considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or clients' interests.

Page 8 | Rules of Decorum § 214.02(g)

The court does not routinely waive time limits.

The court will not routinely waive time limits.

Page 28 | 702.06

An agency with no prior experience with the juvenile may request an extension to prepare the court report.

If the agency preparing the court report has not had any prior experience with the juvenile, the agency may request an extension for preparation of the court report.

Page 47

After giving notice, the agency may revise its decision if reconsideration or new factors show that the original decision was incorrect.

The agency may revise its decision after giving such notice if it determines that the original decision was incorrect based on a reconsideration or new factors.

Page 48 | Extensions of dispositional orders

Chambers Communication Rules

A party seeking to close a proceeding to the news media must notify the court three days before the hearing or trial if possible, but the court may waive notice for good cause.

A party moving that any judicial proceeding required by law to be public, should be closed to the news media, must notify the court three (3) days prior to the hearing/trial, if possible. The court may waive this requirement for good cause.

Page 2 | 202 Closure of Proceedings, Cameras and Media Access

An attorney who learns 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 | Substitutions and Recusals § 215.03

Attorneys are responsible for scheduling motions with the court; a motion filed only with the clerk will not be scheduled until the attorney requests a hearing date and time by phone or in writing.

Motions shall be heard at a date and time set by the judge or judicial assistant. 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 14 | 305.01 Motion Practice

If payment is disputed, the objecting party must schedule the matter for review with the judge or court commissioner.

If there is a dispute over payment, the objecting party is responsible for scheduling the matter for review with the judge or court commissioner.

Page 23 | 503.07

Juvenile intake must be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

Page 36 | 702.08 Original adult court criminal defendants--secure custody

Court-record access requests must receive a written response within 72 hours.

All requests for access to court records shall be responded to, in writing, within 72 hours of the request.

Page 51

Attorneys and out-of-state defendants excused from personal appearance must be available by telephone for a pretrial conference that same day.

However, they must be available for a pretrial conference that same day by telephone.

Page 61 | 902.03

Parties must notify the clerk of court in writing whenever their address changes.

Parties must notify the clerk of court in writing of any change of address.

Page 62 | 904.02 Change of Address

A written camera or recording-equipment request must be made to the presiding court official and county media coordinator at least three days before each hearing or trial; the notice requirement may be waived for good cause.

Cameras and recording equipment may be allowed in courtrooms or hearing chambers provided a written request is made to the presiding court official and Burnett County media coordinator at least three (3) days before each scheduled hearing or trial.

Page 2 | 202 Closure of Proceedings, Cameras and Media Access

Each media organization must provide an individual notice; one notice will not suffice for all other media representatives.

Each media organization must provide an individual notice; one notice will not suffice for all other media representatives.

Page 2 | 202 Closure of Proceedings, Cameras and Media Access

Ex parte communications by telephone, email, letter, face-to-face conversation, or other off-the-record contact are generally prohibited by state and local law.

Ex parte communications are restricted by State and local law. Any communication by telephone, email, letter, face-to-face conversation, orother off the record contact, is generally prohibited.

Page 11 | Ex Parte Communications

A telephone motion hearing is discretionary and may be arranged by calling the judge’s judicial assistant; after court approval, the requesting party must notify all parties and initiate and connect the call.

Telephonic hearings are discretionary with the court and may be arranged by calling the judge’s judicial assistant. After approval by the court, a date and time will be set by the judicial assistant. The party requesting the telephone motion is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by telephone.

Page 14 | 305.03 Telephone Motions

Petitioners in the specified cases should give the clerk their contact information when filing to facilitate scheduling communications.

Petitioners in harassment, domestic abuse, child abuse, and individual at risk cases should provide the clerk of court with their contact information at the time of filing so as to facilitate communication for scheduling purposes.

Page 15 | 307.02

If needed, the clerk must confer with the judge before filing.

The clerk of court shall also ensure that all relevant paragraphs on the petition and other papers are complete and stated with specificity, and if needed, confer with the judge before filing.

Page 15 | 307.01

The clerk should also determine whether or not any other actions between the parties are pending. If there are, the court commissioner or judge assigned should be so informed.

The clerk should also determine whether or not any other actions between the parties are pending. If there are, the court commissioner or judge assigned should be so informed.

Page 15 | 307.01

An attorney or out-of-state defendant who is unavailable when contacted by the commissioner by telephone is considered a nonappearance and may face dismissal or judgment.

If an attorney or out-of-state defendant is unavailable when the court commissioner contacts them by telephone, it will be considered a nonappearance and may result in dismissal or a judgment.

Page 61 | 902.04

A party needing more trial time must contact the small claims court clerk by phone at (715) 349-2147.

Parties must contact the small claims court clerk at (715) 349-2147 if more time is needed for trial.

Page 63 | 906.50

A notice by one media representative shall be sufficient for all subsequent hearings and trials in said case.

A notice by one media representative shall be sufficient for all subsequent hearings and trials in said case.

Page 2 | 202 Closure of Proceedings, Cameras and Media Access

For information about the Media Coordinator, a person may contact the Judicial Assistant by phone at 715-349-2149.

The name of the Media Coordinator shall be maintained on file with and available from the District Court Administrator of the Tenth Judicial District. You can also contact the Judicial Assistant at 715-349-2149

Page 3 | Media Coordinator

For information about the Media Coordinator, a person may contact the Clerk of Courts by phone at 715-349-2147.

The name of the Media Coordinator shall be maintained on file with and available from the District Court Administrator of the Tenth Judicial District. You can also contact the Clerk of Courts at 715-349-2147.

Page 3 | Media Coordinator

Telephone appearances may be arranged by contacting the judge’s or court commissioner’s judicial assistant.

Telephone appearances can be arranged by contacting the judicial assistant of the judge or court commissioner.

Page 9 | Telephonic Appearances

Information about videoconferencing availability, fees, and costs may be obtained by calling the clerk of court at (715) 349-2147.

Fees, costs, and other information regarding videoconferencing availability in Burnett County may be obtained by calling the clerk of court at (715) 349-2147.

Page 9 | Use of Videoconferencing

A scheduling conference can be arranged by calling the judicial assistant or the person directed by the judge at (715) 349-2149.

Scheduling conferences are handled by the judicial assistant or someone else directed by the judge and can be arranged by calling (715) 349-2149.

Page 12 | 302.03 Scheduling Orders and Scheduling Conferences

The court will contact attorneys and out-of-state defendants who complied with the telephone appearance requirements by telephone for their pretrial conference.

Attorneys and out-of-state defendants who have complied with the telephone appearance requirements above will be contacted by telephone for the pretrial conference on their case.

Page 61 | 902.04

If a case settles before trial, the small claims court clerk should be notified by telephone at (715) 349-2147.

If a case settles prior to trial, the small claims court clerk should be notified by calling (715) 349-2147 or faxing the court clerk at (715) 349-7659.

Page 62 | 906.01

Common questions about Burnett County Circuit Court, Wisconsin rules

Does Burnett County Circuit Court, Wisconsin require a pre-motion conference or letter before filing a motion?

Before filing a discovery motion to compel, the movant must consult with the opposing party and make sincere efforts to resolve the dispute.

View ruleSource: page 13, section 304 Discovery

What page or word limits apply to facsimile document in Burnett County Circuit Court, Wisconsin?

Burnett County Circuit Court, Wisconsin's rule states these limits: 15 pages. A fax-filed document may not exceed 15 pages, excluding its cover sheet, unless the judge has granted prior approval.

View ruleSource: page 4, section Facsimile/Email Transmission of Documents to the Court

What must be included with guardianship estate discharge filings in Burnett County Circuit Court, Wisconsin?

For discharge of an estate guardian after the ward’s death, the probate court must be notified and the approved final account and a proper receipt for the remaining estate assets must be filed.

View ruleSource: page 59, section 807.07.2

What must be included with notice of retainer or order appointing counsel filings in Burnett County Circuit Court, Wisconsin?

An attorney representing a party must file a notice of retainer or order appointing counsel with the clerk as soon as practicable.

View ruleSource: page 2, section 201 Notice of Representation

How may parties contact Burnett County Circuit Court, Wisconsin?

A party seeking to close a proceeding to the news media must notify the court three days before the hearing or trial if possible, but the court may waive notice for good cause.

View ruleSource: page 2, section 202 Closure of Proceedings, Cameras and Media Access

How does Burnett County Circuit Court, Wisconsin handle sealed or redacted filings?

The listed records are presumed confidential and cannot be accessed without a court order.

View ruleSource: page 3, section Confidential Records

How do I request an adjournment or extension in Burnett County Circuit Court, Wisconsin?

Continuance requests require good cause and court approval; stipulated requests require the parties’ written or on-record consent, while non-stipulated requests require a motion and hearing and good cause shown by the party or that party’s written consent, and requests are due within 20 days of the hearing or trial notice unless the court shortens the period in its discretion.

View ruleSource: page 3, section Continuances

Is electronic filing required in Burnett County Circuit Court, Wisconsin?

Yes. Electronic filing is required for the covered filings. Pleadings and other papers must be e-filed; where e-filing is unavailable or a party is not subject to e-filing requirements, documents may be fax-filed if the stated fee and page-limit conditions are met and the court incurs no additional charge.

View ruleSource: page 4, section Facsimile/Email Transmission of Documents to the Court

Are filing fees or waivers addressed in Burnett County Circuit Court, Wisconsin?

A fee is required for covered filings. A petitioner born in Wisconsin must pay a recording fee after the name change is granted.

View ruleSource: page 6, section Filing a Name Change, 209.02

What filing deadlines does Burnett County Circuit Court, Wisconsin set?

The notice of retainer or order appointing counsel must be filed as soon as practicable.

View ruleSource: page 2, section 201 Notice of Representation

What rule applies to serving the opposing party in Burnett County Circuit Court, Wisconsin?

Details: recipient: the opposing party. When seeking withdrawal, the attorney must give notice of the hearing to the court and all opposing parties; the notice method is not specified.

View ruleSource: page 2, section 201 Notice of Representation
Complete rules summary for Burnett County Circuit Court, Wisconsin

For discharge of an estate guardian after the ward’s death, the probate court must be notified and the approved final account and a proper receipt for the remaining estate assets must be filed.

Telephone appearances may be arranged by contacting the judge’s or court commissioner’s judicial assistant.

An attorney representing a party must file a notice of retainer or order appointing counsel with the clerk as soon as practicable.

The notice of retainer or order appointing counsel must be filed as soon as practicable.

An attorney intending to withdraw must first file a written motion, schedule a hearing, and give notice to the court and all opposing parties.

When seeking withdrawal, the attorney must give notice of the hearing to the court and all opposing parties; the notice method is not specified.

Withdrawal or substitution may proceed by written stipulation if all attorneys agree and sign it and the court approves it.

A party seeking to close a proceeding to the news media must notify the court three days before the hearing or trial if possible, but the court may waive notice for good cause.

Cameras or recording equipment may be allowed if a written request is made to the presiding court official and county media coordinator at least three days before each hearing or trial.

A written camera or recording-equipment request must be made to the presiding court official and county media coordinator at least three days before each hearing or trial; the notice requirement may be waived for good cause.

A notice by one media representative shall be sufficient for all subsequent hearings and trials in said case.

Each media organization must provide an individual notice; one notice will not suffice for all other media representatives.

The listed records are presumed confidential and cannot be accessed without a court order.

Continuance requests require good cause and court approval; stipulated requests require the parties’ written or on-record consent, while non-stipulated requests require a motion and hearing and good cause shown by the party or that party’s written consent, and requests are due within 20 days of the hearing or trial notice unless the court shortens the period in its discretion.

For information about the Media Coordinator, a person may contact the Judicial Assistant by phone at 715-349-2149.

For information about the Media Coordinator, a person may contact the Clerk of Courts by phone at 715-349-2147.

Judges and court commissioners may hold proposed orders for at least five days after receipt and request, and may sign them as submitted if no other party objects.

A party may file a demand for a de novo hearing within 20 consecutive days after the decision, counting weekends and holidays.

Pleadings and other papers must be e-filed; where e-filing is unavailable or a party is not subject to e-filing requirements, documents may be fax-filed if the stated fee and page-limit conditions are met and the court incurs no additional charge.

A fax-filed document may not exceed 15 pages, excluding its cover sheet, unless the judge has granted prior approval.

A fax filing is accepted only if no filing fee is required or any required fee has already been paid.

A fax document is accepted only if the circuit court is not required to pay an additional fee or charge to accept or receive it.

Facsimile documents relayed to the court through a non-court entity are accepted only if they are on plain paper and do not require a filing fee or an additional court charge.

Facsimile documents relayed to the court through a non-court entity must be on plain paper.

A facsimile filing transmitted through a non-court entity is complete when the court receives it.

The transmitting party is responsible for timely, complete fax receipt, and court personnel are not responsible for transmission errors or fax-machine downtime.

For a facsimile transmission exceeding 15 pages, the transmitting party or attorney must certify that the assigned judge or court commissioner approved it.

The court may authorize in advance the filing of a nonconforming document if good cause is shown and the filing conforms to Wis. Stat. § 801.16.

A party submitting a document by fax must send the original transmission only to the clerk's fax number and need not also fax it to the judge or court commissioner.

Facsimile papers are filed when received by the clerk, become the court's official record, and may not be substituted.

More Judges in Burnett County Circuit Court, Wisconsin

Melissia R. Mogen
Judge