Calumet County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

Applies to

Motion

Motions must be filed and served on the other party in accordance with Chapters 801 and 802, Wisconsin Statutes.

All motions must be filed and served on the other party pursuant to the provisions of Chapters 801 and 802, Wis. Stats.

CRITICAL

Service

Mail

Where ordinary-mail service is permitted, it must comply with Wis. Stat. §799.12(3), as amended.

Service by ordinary mail in those actions where it is permitted shall be as required by Wis. Stat. §799.12(3) as amended from time to time.

CRITICAL

Mortgage foreclosure default judgments must be scheduled for an open-court hearing, with notice given to all defendants at least 10 days beforehand.

All default judgments in mortgage foreclosures shall be scheduled for a hearing in open court, due notice of which shall have been given to all defendants at least 10 days before the hearing.

CRITICAL

A defendant contesting a Small Claims matter must provide a copy of the response to the plaintiff.

When contesting a matter in Small Claims Court the defendant(s) shall file a written Answer and or Answer and Counterclaim in the office of the Clerk of Circuit Court, with copy to the plaintiff, either at or before the return date., at the time of the return date, or within fifteen (15) days of appearing at the return date.

CRITICAL

Applies to

Proof of service

Proof of service for out-of-county or out-of-state defendants and for eviction or replevin actions must be filed with the Clerk before the initial appearance, or the claim may be dismissed.

Proof of service for out-of-county or out-of-state defendants, and for eviction and replevin actions must be filed with the Clerk of Courts PRIOR to the initial appearance, or the claim may be dismissed.

CRITICAL

If service in a small claims action cannot be made by ordinary U.S. mail, all provisions of Wis. Stat. §799.12 apply.

All of the provisions of Wis. Stat. §799.12 shall apply when service can not be made by ordinary U.S. mail in small claims court actions.

CRITICAL

Upon filing a court-ordered psychological evaluation, the juvenile clerk must distribute copies to all counsel.

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

A copy of the de novo review request must be sent immediately to the opposing party.

with a copy sent immediately to the opposing party

CRITICAL

Deadline

5 business days

Applies to

Continuance request

Copies of a written continuance request must be provided to the other parties at least five business days before the proceeding.

All requests for continuances of any small claims proceedings shall be made in writing, filed with the Clerk of Courts, with copies to the other parties at least five (5) business days prior to the scheduled court proceeding.

CRITICAL

Service

Personal service

Personal service is required for out-of-county or out-of-state defendants and in eviction and replevin actions.

Personal service is required for out-of-county or out-of-state defendants, as well as for eviction actions and replevin actions.

CRITICAL

The juvenile clerk distributes court-report copies to interested parties, but if the reporting agency files late, that agency is responsible for distributing the copies.

The juvenile clerk shall distribute the copies to interested parties. Failure of the reporting agency to file in a timely manner shifts the burden of copy distribution to the reporting agency.

WARNING

Applies to

Summons and petition

Service

Mail

For money-judgment-only actions, the Clerk of Court mails the Summons and Petition to the defendants.

Upon the filing of a money judgment only, the $2.00 mail fee is required and the Clerk Of Court office will mail the Summons and Petition to the Defendant(s).

WARNING

Applies to

Small claims summons and complaint

Service

Mail

The Clerk of Courts may serve money-judgment-only small-claims summonses and complaints by regular mail on defendants residing in Calumet County.

Small Claims summons and complaints requesting money judgments only, can be served by regular mail by the Clerk of Courts for defendants residing in Calumet County.

WARNING

Applies to

Summons

Service

Mail to opposing party

Summonses in Calumet County small claims actions may be served by ordinary mail on county residents, except in eviction and replevin actions.

Pursuant to Wis. Stat. §799.12(2) the Court does authorize the service of summons in small claims actions other than in eviction actions and in replevin actions to be made by ordinary mail on any defendant residing within Calumet County.

WARNING

The party requesting a family/paternity de novo hearing must notify all interested parties in writing of the hearing date and time.

The party requesting the de novo hearing shall notify in writing all interested parties of the date and time of the de novo hearing.

WARNING

Service

Publication

If personal or substitute service cannot be accomplished with reasonable diligence, or mail is returned, the Clerk will issue a new return date allowing timely publication of a Class 1 notice.

If, with reasonable diligence, defendants cannot be served by personal or substitute service, or mall is returned, the Clerk will issue a new return date allowing timely publication of a Class 1 notice under Chapter 985.

INFO

A party may choose to serve process in accordance with Wis. Stats. § 799.12.

A party may opt to effect service consistent with Wis. Stats. § 799.12.