Chippewa County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- If an estate cannot be closed on time, file an extension petition stating the reasons and including a proposed order.
Request must include
Page & Word Limits1 rule
a. The document does not exceed 15 pages in length, excluding cover sheet, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis.
- Page limit
- Up to 15 pages
Document Filing Requirements20 rules
f. Parties shall provide sufficient faxed copies if authentications are requested.
Bail bonds for individuals arrested in a defined domestic-abuse situation and released before a court appearance must include the specified no-contact condition.
Court's wording
All bail bonds for individuals arrested in a situation involving domestic abuse and released on bond prior to a court appearance shall contain the following condition of release: "That _______________ absolutely desist and refrain from any contact with _______________, until the further order of the court. Contact includes, but is not limited to, any physical contact, harassing or threatening telephone calls or entry to the victim's residence." For the purpose of this order, the law enforcement officers are to define a case of domestic abuse as one in which the suspect and victim are involved in a "spousal relationship" that includes any of the following: 1. A husband and wife living together. 2. A husband and wife who are separated. 3. An ex-husband and ex-wife. 4. A boyfriend/girlfriend relationship. 5. An ex-boyfriend/ex-girlfriend.
This form shall be kept at the Chippewa County jail and shall be available for immediate use by a judge or court commissioner making an evaluation of probable cause for that arrest.
At initial appearances both a pretrial or settlement conference date with the prosecutor and the next court date shall be set. Ordinarily, the scheduling date will be on a regular intake date. Both dates shall be shown on all bail bonds.
The arresting officer shall complete the appropriate form.
Each order for a custody study or psychological evaluation shall specify what each party is to pay.
The order appointing a guardian ad litem must include the prescribed language concerning responsibility for fees, payment, county payment, judgments, and interest.
Court's wording
The order appointing a guardian ad litem must contain the following language: “The fees for the services of the guardian ad litem are the responsibility of the parties to this action and shall be paid within the time designated in the court order approving the fees. Payments shall be made to the Guardian ad Litem. Either or both parties may be required to pay fees. Any fees not paid within the time allowed by the Court shall be paid by Chippewa County upon request of the guardian ad litem, and Chippewa County shall have a money judgment against any party who has not made the required payment. Unpaid money judgments will accrue interest at the rate of twelve percent a year until paid.”
If a party cannot pay the retainer or guardian ad litem fees in full, the party must provide the court with a financial declaration showing hardship.
Guardians ad litem shall submit monthly statements to the parties, their attorneys, and the court, showing how much of the retainer remains.
Upon approval of the fees, an order approving fees shall be included in the divorce judgment or order modifying the judgment. If that is not appropriate, a separate order approving fees may be issued.
804.01 Annual Accountings are required in all guardianships unless the court waives the requirement for estates with assets of less than $1,000.
Proof of Heirship must be filed with all opening papers for Summary Settlement, Summary Assignment and Special Administration.
On return dates all parties must appear in person, by an attorney, or where permitted by statute, by an authorized agent. Defendants must state or file a detailed answer.
803.02 When an estate cannot be closed within the required time limit, a petition requesting an extension shall be filed stating the reasons for the request and a proposed order.
- Document
- Extension petition
Must include
- •Proposed order
An eviction complaint must be filed with the rental property's owner's name, the landlord's authorized representative's name, any written lease, and the notice to vacate.
Court's wording
As the eviction trial is contemplated to occur on the return date, the following documents must be filed with the complaint: A. The name of the owner of the rental property; B. The name of the person(s) authorized by the landlord to act on behalf of the landlord; C. A copy of any written lease; D. a copy of the notice to vacate.
Because the settlement conference will take place on the return date, a defendant's answer must allege facts. A general denial will not be accepted.
Pursuant to 218.04(9j) when multiple plaintiffs appear in the same action, the collection agency for those plaintiffs must submit a bill of costs apportioning the costs and fees among the various plaintiffs.
After 60 days, if payments have not been paid in full, the Guardian ad Litem may apply to the court for payment of the outstanding balance. The request for payment shall be made on the Claim for Legal Services Form required by the Chippewa County auditor.
805.01 Case management forms/guidelines/checklists created by the 10th Judicial District Registers in Probate shall be used when appropriate.
805.02 District forms may not take the place of standard, statewide forms created pursuant to sec. 758.18, Wis. Stats.
Filing & Service rules
Electronic Filing Rules
Direct facsimile filing is permitted subject to the stated conditions: the faxed copy is the original, additional copies generally may not be sent, requested authentication copies must be provided, and identical later submissions will not be accepted.
202.01 Facsimile documents transmitted directly to the court shall be accepted for filing only if: a. The document does not exceed 15 pages in length, excluding cover sheet, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis. 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. d. The faxed copy is considered the original. No additional copies may be sent. f. Parties shall provide sufficient faxed copies if authentications are requested. g. Identical documents received after the facsimile will not be accepted for filing or authentication and will be either destroyed or returned.
Page 2 | 202 Facsimile/Email Transmission of Documents to the Court for Filing
Filing Timing and Cure Windows
A probable-cause determination must be made within 48 hours after a warrantless arrest.
Whenever a warrantless arrest occurs, the person arrested must have a probable cause determination within 48 hours of the arrest as required by County of Riverside v. McLaughlin, decided by the United States Supreme Court.
Page 4 | 402 Warrants and Warrantless Arrests
The last opportunity for a plea agreement is seven days before trial, regardless of whether a status conference occurs; for good cause, the Court may assess costs against the attorneys or defendant.
The last opportunity for a plea agreement will be seven days before trial, whether or not there is a status conference, except upon a showing of good cause, in which case the Court may assess costs upon the attorneys or defendant.
Page 4 | 406 Jury and Bench Trials
After the status conference, the case must be tried or dismissed no later than seven days before trial.
After the status conference, but no later than seven days prior to trial, the case must either be tried or dismissed.
Page 4 | 406 Jury and Bench Trials
The guardian ad litem must submit a fee statement to the assigned judge for approval within 14 days after completing all necessary work.
When the guardian ad litem completes all necessary work in the case, the guardian ad litem shall within 14 days submit a fee statement for approval by the Judge assigned to the case.
Page 6 | 503.04 GAL Fee Statement
Estate proceedings must be closed within 12 months after the petition or application is filed.
803.01 Estate proceedings must be closed within 12 months from the date of filing the petition or application.
Page 7 | Part 8: Probate Practice, 803 Closing of Estates
If the landlord seeks additional past-due rent or property damages, the landlord has 30 days to amend the complaint to add those claims.
If the landlord asks to make a claim for additional past due rent or damages, the monetary portion of the judgment shall be reserved and the landlord shall have 30 days to amend the complaint to make the additional claims.
Page 8 | Part 9: Small Claims Practice, 903.02 Eviction Trials
Filing Fees and Waivers
Facsimile filing requires no filing fee, and the circuit court must not have to pay an additional fee or charge to accept or receive the fax.
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.
Page 2 | 202 Facsimile/Email Transmission of Documents to the Court for Filing
In an original action each party pays half the amount ordered unless the court orders otherwise; in a revision action, the party seeking revision pays the retainer.
In original actions each party shall pay one-half the amount ordered paid, unless otherwise ordered by the Court. In revision actions the party seeking the revision shall pay the retainer.
Page 5 | 503.02 Retainer
A retainer of at least $1,000 must be paid before an appointed guardian ad litem begins work, unless the court orders otherwise.
Before an appointed guardian ad litem commences work, a retainer of not less than $1,000 shall be paid to the Guardian Ad Litem. The Guardian ad Litem may not commence work until the retainer is paid, unless the court orders otherwise.
Page 5 | 503.02 Retainer
Each parent must pay $850 in advance, within 30 days and before evaluations begin, subject to the court’s authority to reduce or waive payment, permit installments, or assign the full amount to one parent.
Whenever custody studies and psychological evaluations are ordered in family law proceedings, each parent shall pay $850 in advance to the Clerk of Circuit Court to cover the expense of the custody/placement evaluations. This payment shall be made within 30 days and prior to commencement of the custody and psychological evaluations. In appropriate cases, the Court may reduce or waive the requirements of this rule. Also, the Court may order installment payments or the Court may order one parent to pay the entire amount in appropriate circumstances.
Page 5 | 501 Advance payments on custody and psychological evaluations
An order approving fees must require equal payment by each party unless a different payment ratio has been set.
An order approving fees shall require each party to pay an equal amount unless a different ratio has been set.
Page 6 | 503.04 GAL Fee Statement
All payments must be paid in full to the guardian ad litem within 60 days after the guardian ad litem’s work concludes.
Once the Guardian ad Litem’s work has been concluded, the payments shall be paid in full to the Guardian ad Litem within 60 days.
Page 6 | 503.06 Payment of GAL Bills
The parties are responsible for guardian ad litem fees and must pay the guardian ad litem within the time set by the fee-approval order.
The fees for the services of the guardian ad litem are the responsibility of the parties to this action and shall be paid within the time designated in the court order approving the fees. Payments shall be made to the Guardian ad Litem.
Page 6 | 503.03 Language of Order Appointing a Guardian Ad Litem
If fees are unpaid within the court-allowed time, Chippewa County pays upon the guardian ad litem’s request and may obtain a judgment against the nonpaying party; unpaid judgments accrue 12% annual interest.
Any fees not paid within the time allowed by the Court shall be paid by Chippewa County upon request of the guardian ad litem, and Chippewa County shall have a money judgment against any party who has not made the required payment. Unpaid money judgments will accrue interest at the rate of twelve percent a year until paid.
Page 6 | 503.03 Language of Order Appointing a Guardian Ad Litem
When the court orders Chippewa County to pay guardian ad litem fees, responsible parties must pay those fees within 14 days unless a specific order provides otherwise.
If the Court orders Chippewa County to pay guardian ad litem fees, the fees shall be paid by the responsible parties within 14 days unless there is a specific order to the contrary.
Page 6 | 503.06 Payment of GAL Bills
Additional fees must be paid to the guardian ad litem within 30 days of the payment order.
Payments shall be made to the Guardian ad Litem within 30 days of any order for payment of additional fees.
Page 6 | 503.06 Payment of GAL Bills
Guardians ad litem are paid at the rate the Circuit Judges determine is appropriate and necessary.
Guardians ad litem shall be paid at the rate determined by the Circuit Judges to be appropriate and necessary.
Page 5 | 503.01 Pay Rate
If the retainer is exceeded, the court may order one or more parties to make additional payments.
If the retainer has been exceeded, the court may order additional payments by one or more of the parties.
Page 6 | 503.05 Interim GAL Bills
In appropriate circumstances, the court may waive all or part of the initial payment or relieve a party from contributing to guardian ad litem fees.
In appropriate circumstances, the Court may waive the initial payment, in whole or in part. The Court may also relieve a party from the obligation to contribute to the payment of guardian ad litem fees.
Page 6 | 503.02 Retainer
If full payment is not made within 14 days, Chippewa County may obtain a civil judgment against a nonpaying party without further notice and may collect it by any legal means.
If payment in full has not been made within 14 days, Chippewa County may, without further notice, have a civil judgment against a party who has failed to pay. Chippewa County may collect this judgment by any legal means
Page 6 | 503.06 Payment of GAL Bills
If a responsible party does not pay, the court may order the guardian ad litem to stop work until payment is made.
If payments are not made by a responsible party, the court may order the Guardian ad Litem to stop work until the payments are made.
Page 6 | 503.05 Interim GAL Bills
If the court has not decided how to divide guardian ad litem fees, either party may petition for an unequal division.
If no decision on division of guardian ad litem fees has been made, either party may petition the Court for an unequal division of the fees.
Page 6 | 503.04 GAL Fee Statement
Adjournment & Extension Requirements
If an estate cannot be closed on time, file an extension petition stating the reasons and including a proposed order.
803.02 When an estate cannot be closed within the required time limit, a petition requesting an extension shall be filed stating the reasons for the request and a proposed order.
Page 7 | Part 8: Probate Practice, 803 Closing of Estates