Calumet County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Order

Consolidation may be granted only through a joint written order of the transferring court and the court receiving the action.

will be granted only upon the joint written Order of the transferring Court and the Court to which the action is to be transferred.

CRITICAL

Applies to

Criminal motion

A criminal motion must satisfy Wis. Stat. § 971.30(2), including a description of the requested relief and particularized grounds, which may be stated in the motion, notice, brief, or legal memorandum.

Any motion filed in a criminal court matter shall meet the criteria set forth in sec. 971.30(2), Wis. Stats. The sec. 971.30(2)(b), Wis. Stats., "brief description of the type of order or relief sought", and the sec. 971.30(2)(c), Wis. Stats., statement "with particularity (of) the grounds for the motion and the order or relief sought", may be set out in the motion, notice of motion, brief, or legal memorandum and shall meet the requirements of State v. Radder, 382 Wis.2d 749 (Ct. App 2018). A "brief description of the type of order sought" is defined to be a written document by which counsel or party conveys to the Court the essential facts of his/her client's motion; a statement of the law involved that he/she would have the Court apply, and the application of the law he/she would have the Court make to grant the order sought by the motion.

CRITICAL

Applies to

Moving papers

If no existing law applies to a motion, the moving party must say so in the moving papers.

If there is no existing law applicable to the motion, the moving party shall so state in the moving papers.

CRITICAL

Applies to

Declaration of non military service

When a defendant fails to appear, judgment cannot be entered until the Declaration of Non-Military Service is filed; if it is not filed by the initial appearance, the case must be continued and the plaintiff must appear again.

Upon non-appearance by the defendant, judgment cannot be entered until the Declaration of Non-Military Service is filed. If it is not filed prior to or at the initial appearance date the case will need to be continued requiring the plaintiff to make an additional court appearance.

CRITICAL

Applies to

Declaration of non military service

A Declaration of Non-Military Service must also be filed for a contempt action in Small Claims Court.

A Declaration of Non-Military Service must also be filed when a party is proceeding with a Contempt Action in Small Claims Court.

CRITICAL

Applies to

Appearance bond

Without the posting of cash bail shall be required to execute an All persons released by a law enforcement agency with or appearance bond on Form COC-82, a copy of which is attached and which may also be revised from time to time.

Without the posting of cash bail shall be required to execute an All persons released by a law enforcement agency with or appearance bond on Form COC-82, a copy of which is attached and which may also be revised from time to time.

CRITICAL

Applies to

Certificate of attendance

A certificate of attendance must be filed with the Clerk of Court Office when the parenting program is completed.

A certificate of attendance at said program shall be filed with the Clerk of Court Office upon completion of the program.

CRITICAL

Applies to

Criminal complaint

For criminal complaints filed after January 1, 2022, the district attorney must list other open or pending Calumet County felony or misdemeanor cases.

The district attorney shall advise the Court of any other open/pending criminal felony or misdemeanor cases pending in Calumet County by listing open cases on any criminal complaint filed after January 1, 2022.

CRITICAL

Applies to

Notice

The notice must state the date it was mailed to the defendants.

This notice SHALL state the date the notice was mailed to the defendant(s).

CRITICAL

Applies to

Written statement

When a felony count is amended or dismissed after arraignment as part of a plea agreement, the District Attorney's Office must file a written statement explaining the considerations behind the plea negotiation.

NOW, THEREFORE, IT IS HEREBY ORDERED that the District Attorney's Office shall file, when following arraignment any felony count is being amended or dismissed as part of a plea agreement, a written statement containing the factors and considerations taken into account in making such plea negotiation, including but not limited to the facts and circumstances leading to the defendant's arrest, prior criminal record of the defendant, statement from the victim and the views of the arresting law enforcement agency.

CRITICAL

Applies to

Response

The response must state all defenses and claims with specificity.

Such response shall set forth all defenses and claims with specificity.

CRITICAL

Applies to

Admission questionnaire

An admission questionnaire must be completed before any guilty plea is accepted.

An admission questionnaire must be completed prior to the acceptance of any guilty pleas.

CRITICAL

Applies to

Court ordered psychological evaluation

Court-ordered psychological evaluations must be filed as directed by court order, and the juvenile clerk must distribute copies to all counsel upon filing.

Court ordered psychological evaluations shall be filed as directed by court order and copies shall be distributed by the juvenile clerk to all counsel upon the filing of the report.

CRITICAL

Applies to

Summons and complaint

In every foreclosure action, the plaintiff must attach the Notice of Availability of Mediation and Application for Mediation to the Summons and Complaint served on the defendant or homeowner.

That in all foreclosure actions, the plaintiff shall attach to the Summons and Complaint served on the defendant/homeowner the following forms printed on yellow paper and can be downloaded from the Calumet County official webside; www.co.calumet.wi.us; Departments; Clerk of Courts; Mortgage Foreclosure: a) Notice of Availability of Mediation b) Application for Mediation

CRITICAL

Applies to

Declaration of non military service

A Declaration of Non-Military Service stating the defendant's current military status must be filed for each defendant named in a summons and complaint.

A Declaration of Non-Military Service providing information on the defendant's current military service status must be filed for each defendant listed on a summons and complaint.

CRITICAL

Applies to

De novo review request

A party seeking de novo review must file a written request.

by filing a written request for de novo review

CRITICAL

Applies to

Written counterclaim

A defendant asserting a claim against the plaintiff must file a written counterclaim specifying the claim by the deadline given at the initial appearance.

Defendants alleging claims against the plaintiff will be given a deadline at the initial appearance by which they must file a written counterclaim specifying their claim (s).

CRITICAL

Applies to

Motion

A request to consolidate civil lawsuits must be made by motion.

Consolidation of civil lawsuits shall be requested by motion

WARNING

Applies to

Brief or legal memorandum

A brief or legal memorandum is not required for specified discovery, bail-condition, and approved-form motions if the motion cites the appropriate statute or supporting case law.

No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law: a) Discovery and inspection demands pursuant to §971.23 Wis. Stats. b) Motions for change of bail conditions pursuant to §§969.03, 969.035 and 969.08 Wis. Stats. c) Any other motion for which a standard form has been approved by the Judicial conference pursuant to §758.18 Wis. Stats.

INFO

Applies to

Waiver petition

A party may request a waiver of the parenting-program requirement by petitioning the Court in writing based on the party's specific situation.

Any party may petition the Court in writing for waiver of this requirement due to his or her specific situation.