Burnett County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Temporary guardianship extension

If an extension of a temporary guardianship is requested, the petition and order on the petition must be filed.

A Petition to Extend Temporary Guardianship and Order on Petition to Extend Temporary Guardianship shall be filed if an extension of the temporary guardianship is requested.

CRITICAL

Applies to

Court report

Court-ordered reports must be completed and filed with the court 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.

CRITICAL

Applies to

Publication affidavit

An affidavit of publication must be filed with the clerk before the name-change hearing.

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

CRITICAL

Applies to

Estate closing

Closing an estate requires filing signed receipts from heirs or beneficiaries and documentation that residual beneficiaries or heirs were advised of the personal representative and attorney fees.

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.

CRITICAL

Applies to

Final stipulation

A final stipulation submitted for court approval must provide for payment of remaining GAL fees.

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

CRITICAL

Applies to

Summary settlement or summary assignment petition

Proof of Heirship must be filed with the opening papers for every Summary Settlement and Summary Assignment petition.

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

CRITICAL

Applies to

Discovery motion

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.

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.

CRITICAL

Applies to

More detailed statement of the case

If the court requests it in conjunction with a trial date, parties must file a more detailed statement of the case with the clerk.

In conjunction with a trial date, parties must file with the clerk of court a more detailed statement of the case, if requested by the court.

CRITICAL

Applies to

Motion

A motion must state with particularity its grounds and the order or relief sought.

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

CRITICAL

Applies to

Trust closing

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

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

CRITICAL

Applies to

Consent decree

A consent decree arising from a plea negotiation must be in writing, signed by all parties, and presented to the court before the plea-negotiation deadline.

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.

CRITICAL

Applies to

Pleadings and motions

If the petition is granted, the active Wisconsin State Bar member must review all papers filed with the Circuit Court, and both lawyers must sign all pleadings and motions.

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.

CRITICAL

Applies to

Answer

An Answer must explain the basis for contesting the lawsuit in plain, simple language and use the standard form’s box for a brief explanation or it will not be accepted for filing.

The Answer shall state in plain simple language the basis for contesting the lawsuit. The defendant must also provide a copy of any such Answer to the plaintiff (or the plaintiff’s attorney) prior to the return date. The box provided on the standard form must be utilized to provide a brief explanation of the claim or it will not be accepted for filing.

CRITICAL

Applies to

Guardianship estate discharge

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.

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.

CRITICAL

Applies to

Proposed findings conclusions

A mortgage foreclosure plaintiff must include the specific property description in the proposed findings, conclusions, and judgment submitted with a motion for default judgment.

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.

CRITICAL

Applies to

Notice of retainer or order appointing counsel

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

CRITICAL

Applies to

Reverse waiver delinquency proceeding

A delinquency proceeding following a reverse waiver must be commenced by filing a Petition for determination of status--delinquency.

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.

CRITICAL

Applies to

Motion or order to show cause

Every motion or order to show cause to set or modify support, family support, or maintenance must require both parties to submit completed financial disclosure statements or budgets and income verification for the two months before the hearing.

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.

CRITICAL

Applies to

Moving papers

The moving papers must bear the petitioner’s signature, and the signature must be notarized.

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

CRITICAL

Applies to

Protective placement petition

A comprehensive evaluation must be completed and filed for each protective placement petition unless one was filed with the court in the previous 12 months.

807.05.2 Comprehensive evaluation must be completed and filed with the court on all protective placement petitions unless filed with court in previous 12 months.

CRITICAL

Applies to

Will

Only original wills are accepted for filing unless an attorney can prove the validity of a copy.

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.

CRITICAL

Applies to

JD-1716

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.

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.

CRITICAL

Applies to

Pro hac vice affidavit

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.

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.

CRITICAL

Applies to

JD-1716

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.

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.

CRITICAL

Applies to

Temporary physical custody request order

The temporary physical custody request order must be completed as part of the juvenile secure-custody placement process.

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

CRITICAL

Applies to

Original transcript or videotape

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.

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.

WARNING

Applies to

Judgment of conviction

The specific amount of restitution should be ascertained by the district attorney by the time of sentencing and should be included in the judgment of conviction.

The specific amount of restitution should be ascertained by the district attorney by the time of sentencing and should be included in the judgment of conviction.

WARNING

Applies to

Written stipulation

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

Withdrawal and/or substitution by an attorney may be accomplished by written stipulation if agreed to and signed by all attorneys and approved by the court.

WARNING

Applies to

Pretrial order

When appropriate, the commissioner will conduct a status conference and enter a pretrial order listing disputed issues and estimated trial length; the order may also include a discovery schedule and estimated trial-readiness date.

When appropriate, the family court commissioner will conduct a status conference and enter a pretrial order which provides a list of disputed issues and an estimated length of trial, and which may include a discovery schedule and the date at which the case may be ready for trial.

WARNING

Applies to

Living person will for safekeeping

A living person’s will filed for safekeeping must include any other information the Register in Probate requires.

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.

WARNING

Applies to

Written camera request

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.

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.

WARNING

Applies to

Official transcript

A party requesting an official transcript is responsible for having it transcribed and certified by an official court reporter.

Any party requesting an official transcript shall be responsible for having it transcribed and certified by an official court reporter.

WARNING

Applies to

Intake referral

An intake referral is not required when all four listed custody and petition conditions have occurred.

4. Intake referrals under § 48.24(1) or 938.24(1), Wisconsin Statutes, are not required if all of the following have occurred: a. A custody intake decision was made pursuant to § 48.19 or 938.19, Wisconsin Statutes; b. A hearing on the custody has been held pursuant to § 48.21 or 938.21, Wisconsin Statutes; c. The person has been continued in custody (secure or nonsecure); and, d. A petition was filed with the court at or prior to the custody hearing or the court has authorized an extension of time to file a petition.

WARNING

Applies to

Statement of fees

The GAL should appear at the final hearing in a divorce or paternity proceeding with a statement of fees.

The GAL should appear at the final hearing in divorce or paternity proceeding with a statement of fees.

WARNING

Applies to

Case management forms

Case-management forms, guidelines, and checklists created by the district Registers in Probate must be used when appropriate.

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

WARNING

Applies to

Written notice to court

Attorneys who have been retained to represent parties in small claims court and out-of-state defendants who notify the court in writing before the date of the initial appearance may be excused from personally appearing at the initial appearance.

Attorneys who have been retained to represent parties in small claims court and out-of-state defendants who notify the court in writing before the date of the initial appearance may be excused from personally appearing at the initial appearance.

WARNING

Applies to

Transcript or videotape copy

The respondent must obtain and pay for a copy of the transcript or videotape for the respondent’s use.

Respondent shall be responsible for obtaining at respondent’s expense, a copy for respondent’s use.

INFO

Applies to

Proposed scheduling order

The court commissioner generally will ask the plaintiff to draft a proposed scheduling order reflecting the agreed deadlines and circulate copies to all parties.

The court commissioner generally will request that the plaintiff draft a proposed scheduling order in accordance with the deadlines agreed upon at the scheduling conference and circulate copies to all parties.

INFO

Applies to

Record of decision

The respondent department, committee, or board need not provide the petitioner with a copy of the record of decision.

The respondent department, committee or board is not required to provide a copy of the record of decision to the petitioner.