Clark County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion Document
Communication
Phone
Chambers
Fax
Clerk
Page & Word Limits7 rules
Not Guilty Pleas in TR, FO, JO and other non-mandatory appearance forfeiture matters, subject to the following limitations: o not to exceed 1 page in length o filed by a pro se non-represented person or entity, not an attorney
- Facsimile filed not guilty plea for self-represented parties
- Up to 1 page
Requests for Copies of Court Records, not to exceed 1 page in length
- Page limit
- Up to 1 page
Fax-filed payment plan requests for the specified payments are limited to one page and may be filed only by a pro se, non-represented person or entity, not an attorney.
- Facsimile filed payment plan request for self-represented parties
- Up to 1 page
Court's wording
Payment Plan Requests in all case types for monies payable to the Clerk of Court’s Office or Juvenile Clerk of Court’s Office, subject to the following limitations: o not to exceed 1 page in length o filed by a pro se non-represented person or entity, not an attorney
The supporting brief shall not exceed 25 double spaced pages without prior leave of the court.
- Supporting brief
- Up to 25 pages
- Format
- Double-spaced
Exception
More pages with leave of court
The response brief shall not exceed 25 double spaced pages without prior leave of the court.
- Page limit
- Up to 25 pages
- Format
- Double-spaced
Exception
More pages with leave of court
The movant may, but need not, file a rebuttal brief; if filed, it is limited to 7 double-spaced pages absent prior leave of court.
- Rebuttal brief
- Up to 7 pages
- Format
- Double-spaced
Exception
More pages with leave of court
Court's wording
In addition to the rebuttal materials set forth above, the movant may, but is not required to, serve and file a rebuttal brief. The rebuttal brief shall not exceed 7 double spaced pages without prior leave of the court.
Briefs on all motions shall be no more than four, double-spaced pages.
- Brief
- Up to 4 pages
- Format
- Double-spaced
- All motions
Document Format Requirements5 rules
WCJI instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form.
If the defendant has appeared and the matter is not resolved the defendant shall, within 10 calendar days, file a written answer on forms provided by the Clerk of Courts Office.
Courtesy copies of documents provided to the judge or any other court office shall be clearly marked in the upper right corner with the word “COPY” or other similar identifying mark.
The required statement in a generated notice must be in boldface type.
- Notice
Formatting
- •The specified statement must be in bold face type
Court's wording
The party generating notices shall include the following statement in bold face type: “This matter has been scheduled for ____ hours _____ minutes. If any party believes more time is needed that party shall contact the judicial assistant to reschedule”
WCJI instructions may be requested by number only.
Document Filing Requirements65 rules
If such an exception is granted, the party or attorney shall certify on the first page of the filed document that the assigned judge or court commissioner has approved the facsimile transmission and the date of such approval.
A party generating a notice must include the specified scheduling statement in the notice.
Court's wording
The party generating notices shall include the following statement in bold face type: “This matter has been scheduled for ____ hours _____ minutes. If any party believes more time is needed that party shall contact the judicial assistant to reschedule”
It is the party’s responsibility to schedule the motion with the court prior to the filing of the motion—the hearing date shall be inserted in the motion documents prior to filing.
(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.
The movant must present only the factual propositions it considers necessary to judgment and undisputed, including all basic facts necessary to decide the motion.
Court's wording
1. Whether a movant elects a stipulation or a statement of proposed findings, or both, it is movant’s obligation to present no more and no less than the set of factual propositions which movant considers necessary to judgment in movant’s favor, and as to which movant considers there is no genuine issue. The factual propositions should include all of the “basic” facts necessary to a decision on the motion, including those going to jurisdiction, to the identity of the parties, and to the background of the dispute.
(c) A statement of the conclusions of law proposed by movant, in numbered paragraphs.
2. Such factual propositions shall be set forth in numbered paragraphs, the contents of each of which shall be limited as far as practicable to the statement of a single factual proposition.
Each proposed factual paragraph must end with one or more record references supporting the movant’s contention that the proposition is undisputed.
Court's wording
3. At the close of each numbered paragraph shall be set forth one or more references to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS or other supporting movant’s contention there is no genuine issue as to that factual proposition.
Record citations must identify the specified paragraph, witness and transcript page, interrogatory and recipient, or admission details; summary-judgment-only admissions should be designated as such.
Court's wording
4. References to the record shall include: a. in the case of a pleading, the numbered paragraph of that pleading; b. in the case of a deposition transcript, the name of the witness and the page of the transcript; c. in the case of an answer to an interrogatory, the number of that interrogatory and the identity of the party to whom it was directed; d. in the case of an admission in response to, or resulting from a failure to respond to, a request for admission made pursuant to Sec. 804. 11 Stats., the number of the requested admission and the identity of the party to whom it was directed; e. in the case of an admission on file that is not in response to, or resulting from a failure to respond to, a request for admission made pursuant to Sec. 804. 11 Stats., the form such admission takes and the page or paragraph of the document in which that admission is made. Admissions made solely for the purpose of the motion for summary judgment should be so designated.
Affidavits must be made on personal knowledge setting forth such facts as would be admissible in evidence, and showing affirmatively the affiant is competent to testify to the matters stated therein.
(b) Either (i) a stipulation of facts between or among all the parties to the action, or (ii) a statement of the findings of fact proposed by movant, or (iii) a combination of (i) and (ii).
For each proposed conclusion of law, the response must state whether it is agreed or disputed and identify any disputed portion precisely.
Court's wording
1. With respect to each such numbered proposed conclusion, the response shall state clearly whether the conclusion is agreed to or disputed in whole or in part; if the dispute is partial, the response shall state precisely which portion of the proposed conclusion is disputed
For each disputed paragraph or portion, the response must cite the specified record materials or affidavits complying with Section 802.08 that the respondent believes create the genuine issue.
Court's wording
2. With respect to any paragraph or part of a paragraph of the movant’s proposed findings of fact as to which it is contended that a genuine issue exists, the response shall refer to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSION on file, or AFFIDAVITS complying with Sec. 802.08 Stats., which respondent believes give rise to said genuine issue.
(c) A response to the movant’s statement of proposed conclusions of law.
For each proposed-fact paragraph, the response must say whether the whole or part is disputed and precisely identify any disputed part.
Court's wording
1. With respect to each numbered paragraph of the movant’s proposed findings of fact, the said response shall state clearly whether there is a genuine issue as to the whole or a part of the said factual proposition; if it is contended that there is a genuine issue only as to a part of the said factual proposition, the response shall identify precisely the said part of the numbered paragraph.
(b) A response to the movant’s statement of proposed findings of fact.
3. The references to the record shall be made with that specificity required by rule 404- B(b)4., above.
Parties must direct the court to all material factual and legal matters through specific references to the record.
Court's wording
It is the duty of the parties to bring to the court’s attention by specific reference to the record, as outlined above, all factual and legal matters material to the resolution of the issues in dispute.
A discovery motion must include a written conference statement reciting the consultation’s date, place, and participants, and stating that sincere efforts to resolve the dispute failed.
Court's wording
All motions regarding discovery matters pursuant to Chapter 804 Wis. Stats., 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 agreement. Such statement shall recite the date, place and name of all parties participating in such consultation.
The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on plaintiff’s motion within 10 days of the date of the notice, default judgment shall be entered.
(b)The party seeking discovery shall state specifically what information is sought and the reasons supporting the production. The party refusing to produce the information shall state why the information sought is not discoverable. Blanket contentions of work product are insufficient. Specific reasons must be stated for each denial of information.
The listed pretrial submissions are proposed instructions and a verdict form, motions in limine, and any trial brief a party intends to submit.
Court's wording
Not less than 15 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 15 days before trial, the parties shall file and serve the following: Proposed instructions and verdict form. Note: the court will generally give the Pattern Wisconsin Civil Jury Instructions. Pattern instructions may be requested by number. Pattern instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form. Special instructions submitted must contain citations to the applicable law. Motions in limine (motions pertaining directly to the trial). The motion shall include a brief statement of the facts necessary to an understanding of the motion and shall cite the proposition of law with a citation to the authorities (statutes or case citations) in support of the relief requested. Briefs on all motions shall be no more than four, double-spaced pages. Any trial brief a party is going to submit.
A motion in limine must include a brief statement of necessary facts and cite the legal proposition and supporting authorities.
Court's wording
The motion shall include a brief statement of the facts necessary to an understanding of the motion and shall cite the proposition of law with a citation to the authorities (statutes or case citations) in support of the relief requested.
Special instructions submitted must contain citations to the applicable law.
Pattern instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form.
The court shall be informed of all agreed facts and issues in writing prior to trial.
Each party shall bring sufficient copies of the party’s exhibits so that copies are available for the witness, the court and opposing party (ies).
Motions must include papers stating specific grounds, the relevant facts, applicable law with citations, and an argument applying the facts to the law; general assertions are insufficient and a nonspecific motion may be denied.
Court's wording
All motions shall, at the time of filing, be accompanied by affidavits or other papers setting forth, with particularity, the grounds therefore and shall include the following: 1. A brief statement of the facts necessary to an understanding of the motion; 2. A brief summary of the law applicable to the motion, with citation to legal authorities; 3. A brief argument applying the facts of the specific case to the law. The basis and grounds for the motion must be stated with specificity. General assertions of a violation of Constitutional rights and general assertions of insufficiency will not be considered specific. Such nonspecific motions may be denied sua sponte by the court with notice of such denial to the parties and with leave to renew the motions in a timely manner.
In all cases in which an attorney represents a defendant, the defendant must complete and sign a plea and waiver of rights form and notice of appeal rights form prior to the plea hearing being called.
Before sentencing, the District Attorney and defense counsel or defendant must be prepared to present information about sentence credit, nonstatutory costs, restitution, and cash bail distribution.
Court's wording
The District Attorney and Defense Counsel/Defendant shall be prepared to present the following information to the court prior to sentencing: Any sentence credit for time served. The amount of costs (other than statutory costs) to be imposed with any fine. The amount of restitution and to whom it is to be paid. The distribution of any cash bail bond paid by the defendant or on the defendant’s behalf.
All such discovery demands or motions shall be complied with or objected to, in writing, within 10 days of receipt.
In all cases in which an attorney represents a defendant, a plea and waiver of rights form must be completed and signed by the defendant prior to the plea hearing being called.
When the court orders a PSI, the district attorney’s office must prepare an order for signature specifying the sentencing date, the PSI completion date, and any other court-ordered PSI matters.
Court's wording
Preparation of Order: In all cases in which the court orders a Pre-sentence investigation (PSI) the district attorney’s office shall prepare an order for PSI for the court’s signature. The order shall specify the date of sentencing, the date by which the PSI shall be completed and any other matter pertaining to the PSI ordered by the court.
At the beginning of each appearance in a matter subject to victim/witness notification and participation requirements, the District Attorney’s office shall file with the Clerk of Court a Victim/Witness Compliance Statement
The Notice Order shall include notification of the educational requirements under rule 813 for parties with children.
If mediation is successful, the agreement shall be prepared in writing, and the mediator shall obtain the signature of the parties and provide the agreement to the Clerk of Court.
Within 15 days of receipt of the Guardian ad Litem’s report pursuant to C, above, the parties shall notify the court, in writing, of whether they agree or disagree with the Guardian ad Litem’s recommendations. Failure to so notify the court shall be deemed an acceptance of the recommendations in the report.
The Guardian ad Litem shall submit a written report to the court and to the counsel for the parties (or the party, if unrepresented) within 75 days of the date when appointed.
Petitioner’s attorney shall prepare an order appointing the guardian ad litem.
The party requesting modification must submit an order appointing the guardian ad litem if custody or placement remains disputed after mediation.
Court's wording
If custody/placement remains at issue following mediation, the party requesting modification of the then existing order shall make an initial deposit towards the guardian ad litem fee within 30 days of the conclusion of mediation, and shall submit an order appointing guardian ad litem.
The Guardian ad Litem shall submit a written report to the court and to counsel for the parties (or the parties, if unrepresented) within 75 days of the date when appointed.
In addition, both parties shall submit a Parenting Plan to the court within 30 days of the conclusion of mediation.
Unless appearance is waived, the guardian ad litem shall appear at the final hearing in divorce or paternity proceeding with a statement of fees.
If custody or paternity is not raised in the pleadings or at the scheduling conference, the issue will not be tried unless a motion for good cause is brought before the court to amend the pleadings.
shall notify the court, in writing, of whether they agree or disagree with the Guardian ad Litem’s recommendations.
4. In every case in which taxes are a factor, a completed TAX ANALYSIS WORK SHEET.
2. In every case where child custody is an issue, a completed STATEMENT OF POSITION AS TO CHILD CUSTODY.
5. In every case in which the parties have minor children, a completed STATEMENT OF COMPLIANCE, indicating the parties’ compliance with rules 808 and 811.
1. In every case where property is contested, a completed FINAL DISCLOSURE OF ASSETS AND LIABILITIES AND PROPOSED PROPERTY DIVISION SCHEDULE.
2. In every case where child support is an issue, a completed STATEMENT OF POSITION AS TO CHILD SUPPORT.
In all matters set on the court’s stipulated divorce calendar, the parties shall file with the court a fully executed marital settlement agreement at or before the time set for the hearing.
3. In every case where maintenance is an issue, a completed STATEMENT OF POSITION AS TO MAINTENANCE.
The parties shall provide the Clark County Child Support Agency with a copy of the financial disclosure statement, the final stipulation, if any, and the Findings of Fact, Conclusions of Law and Judgment of Divorce.
The parties shall each provide proof of completion of the program to the Clerk of Court's Office.
Court-appointed attorneys must submit a detailed billing statement to the court and all interested parties at least monthly, containing the listed case, work, time, cost, and amount-due information.
Court's wording
Not less than monthly, the attorney shall submit a detailed statement to the court and to all interested parties containing (at a minimum) the following information: The court case number and party name The date on which work was performed A detailed description of the work performed The amount of time spent on each item of work in increments of one-tenth hour (no appointed attorney shall have minimum billing increments greater than one-tenth of an hour). A summary of the total amount of time spent on the matter for that month An itemized listing of costs and expensed incurred on the matter and date incurred Total amount currently due and past due
The annual eligibility filing must include a statement of intent with the specified contact and bar information and a statement of compliance with applicable continuing legal education requirements.
Court's wording
On or before January 10 of each year, all persons desiring to maintain eligibility for guardian ad litem/court appointed attorney work in Clark County shall file the following with the Court’s Judicial Assistant: A statement of intent to remain on the court’s guardian ad litem list and/or appointed attorney list including: name, state bar number, address, telephone and facsimile numbers and e-mail address A statement of compliance with all applicable continuing legal education requirements
(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.
An opposing party may present additional undisputed material facts by stipulation, proposed findings, or both, and must follow Rule 404-B(b) for that presentation.
Court's wording
4. If an opposing party believes the motion for summary judgment must fail because of material facts not stated by the movant and as to which it is considered there is no genuine issue, the opposing party may present such other factual propositions either by means of: a. a stipulation of facts between or among all of the parties to the action; or b. a statement of the findings of fact proposed by the opposing party; or c. a combination of “a” and “b”. d. With respect to such presentation of factual propositions not stated by the movant, the opposing party shall comply with the requirements set forth in rule 404-B(b)., above.
Filing & Service rules
Electronic Filing Rules
Fax filing is permitted only for specified no-fee documents, must be kept to a minimum and used only when necessitated by time constraints or special circumstances, and cannot substitute for timely e-filing; other documents require a case-specific judicial exception.
Preamble. Limited filing of documents with the Clerk of Circuit Court pursuant to Sec. 801.16, Stats., through the use of the plain-paper facsimile machine is permitted under these local rules. Facsimile filing shall be kept to a minimum and utilized only when necessitated by time constraints or other special circumstances. It shall not be used as a substitute for the timely filing of original documents through E-filing or as otherwise required/permitted by law. 301-A Limitation. Only the following documents that do not require a filing fee may be filed by facsimile transmission: Not Guilty Pleas in TR, FO, JO and other non-mandatory appearance forfeiture matters, subject to the following limitations: o not to exceed 1 page in length o filed by a pro se non-represented person or entity, not an attorney Payment Plan Requests in all case types for monies payable to the Clerk of Court’s Office or Juvenile Clerk of Court’s Office, subject to the following limitations: o not to exceed 1 page in length o filed by a pro se non-represented person or entity, not an attorney Reports of Health Care Professionals/Examiners in GN, ME, JM, CI, CM, CT and CF cases. This exception does not include reports of employees of any Clark County Agency (such as Social Services, Community Services etc.) Requests for Copies of Court Records, not to exceed 1 page in length No other documents or combination of documents shall be filed by facsimile unless the assigned judge or court commissioner (on a case-by-case basis) grants an exception, in writing or on the record in open court.
Page 3 | 301 Fax Rule; 301-A Limitation
A party who submits a document by fax must not submit the original for filing, and subsequently received duplicate papers will be discarded.
The party submitting a document by facsimile transmission shall NOT submit the original document for filing. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner. See § 801.16(2)(e).
Page 4 | 301-D Original Documents Not to be Filed
Filing Timing and Cure Windows
The fax sender is solely responsible for timely, complete receipt; the court, judge, and clerk are not responsible for fax-machine outages or transmission errors resulting in missing or illegible documents.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court, judge or clerk is not responsible for periods when a circuit court facsimile machine is not operational for any reason and is not responsible for errors or failure in transmission that result in missing or illegible documents.
Page 4 | 301-C Party’s Responsibility
Proof of service is due within 20 days after service is completed.
All parties effectuating service shall file Proof of Service within 20 days after service is accomplished on a party.
Page 5 | Part 4: Civil Practice; 400 Joinder of issue
For non-summary-judgment motions, the movant must file and serve the motion and supporting documents at least 15 days before the hearing.
(a) The movant shall file with the Clerk of Court and serve upon all other parties the motion and all supporting documents at least 15 days before the hearing.
Page 6 | 403 Motion Filing Procedure (non-summary judgment motions)
The opposing party must file and serve a written response with citations of authority at least 7 days before the hearing.
(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.
Page 6 | 403 Motion Filing Procedure (non-summary judgment motions)
Summary-judgment motions may be filed within the scheduling-order deadline, but never later than 120 days before trial.
(b) The parties may file motions for summary judgment within the time set in the scheduling order, but in no event less than 120 days prior to the trial date.
Page 6 | 404 Motions for Summary Judgment; 404-A General/Timing/Briefing Schedule
A party opposing summary judgment must serve and file its opposition materials by the date set under Rule 404-A(c).
On or before the date determined under Rule 404-A(c), any party who elects to oppose the motion for summary judgment shall serve and file the following:
Page 8 | 404-C Response
The notice must state that the defendant must request a hearing in writing within 10 days of the notice or default judgment will be entered.
The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on plaintiff’s motion within 10 days of the date of the notice, default judgment shall be entered.
Page 10 | 406 Large Claim Civil Default Judgments
The listed pretrial submissions must be filed and served at least 15 days before the pretrial conference, or before trial if no conference is set.
Not less than 15 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 15 days before trial, the parties shall file and serve the following:
Page 11 | 409-B Pretrial Conference
Parties must notify the court of their intent to resolve the case at least ten calendar days before trial, counting weekends and court-closure days.
The deadline for the parties to notify the court of their intent to enter an agreement resolving the case is ten calendar days (including Saturdays, Sundays and days on which the Clerk of Court’s office is closed) before the date set for trial.
Page 12 | 410-B Stipulations/Resolution of Cases
Proposed jury instructions and verdicts must be filed no later than three days before trial.
Proposed jury instructions and verdicts shall be filed with the court no later than three days before trial.
Page 13 | 504 Jury Instructions/Verdicts
Defendants must notify the court of their intent to enter a plea by the Final Pre-Trial Conference.
The deadline for defendants to notify the court of their intent to enter a plea is the Final Pre-Trial Conference.
Page 14 | 506(G) Plea Deadline and Plea Hearing
The Status Conference date is the filing deadline for all pretrial motions and discovery requests.
The Status Conference date shall also serve as the deadline for the filing of all pre- trial motions (to suppress, to dismiss, etc.) and as the deadline for the filing of discovery requests.
Page 14 | 506(D) Status Conference/Motion and Discovery Filing Deadline
Discovery demands or motions must be complied with or objected to in writing within 10 days of receipt.
All such discovery demands or motions shall be complied with or objected to, in writing, within 10 days of receipt.
Page 14 | 506(D) Status Conference/Motion and Discovery Filing Deadline
Any motions to compel discovery shall be filed within 10 days of receipt of an objection or other event of noncompliance or such objection or noncompliance shall be deemed waived.
Any motions to compel discovery shall be filed within 10 days of receipt of an objection or other event of noncompliance or such objection or noncompliance shall be deemed waived.
Page 14 | 506(D) Status Conference/Motion and Discovery Filing Deadline
Motions in limine must be filed no later than the Final Pre-trial Conference.
All Motions in Limine (such as motions seeking to admit or exclude evidence at trial) must be filed at or before the Final Pre-trial Conference so that they can be scheduled prior to Trial.
Page 15 | H. Motions in Limine
A written compliance or objection to a discovery demand or motion is due within 10 days of receipt.
All such discovery demands or motions shall be complied with or objected to, in writing, within 10 days of receipt.
Page 16 | G. Post-Arraignment Status Conference/Motion and Discovery Filing Deadline
All pre-trial motions and discovery requests must be filed by the Post-Arraignment Status Hearing date.
The Post-Arraignment Status Hearing date shall also serve as the deadline for the filing of all pre-trial motions (to suppress, to dismiss, etc.) and as the deadline for the filing of discovery requests.
Page 16 | G. Post-Arraignment Status Conference/Motion and Discovery Filing Deadline
A motion to compel discovery must be filed within 10 days after receipt of an objection or another event of noncompliance, or the objection or noncompliance is deemed waived.
Any motions to compel discovery shall be filed within 10 days of receipt of an objection or other event of noncompliance or such objection or noncompliance shall be deemed waived.
Page 16 | G. Post-Arraignment Status Conference/Motion and Discovery Filing Deadline
Motions in limine must be filed by the Final Pre-trial Conference so they can be scheduled before trial.
Motions in Limine. All Motions in Limine (such as motions seeking to admit or exclude evidence at trial) must be filed at or before the Final Pre-trial Conference so that they can be scheduled prior to Trial.
Page 17 | Motions in Limine
Defendants must notify the court of their intent to enter a plea by the Final Pre-Trial Conference.
J. Plea Deadline and Plea Hearing. The deadline for defendants to notify the court of their intent to enter a plea is the Final Pre-Trial Conference.
Page 17 | J. Plea Deadline and Plea Hearing
If the defendant appeared and the matter remains unresolved, the defendant must file a written answer within 10 calendar days.
If the defendant has appeared and the matter is not resolved the defendant shall, within 10 calendar days, file a written answer on forms provided by the Clerk of Courts Office.
Page 19 | 603 Defendant’s Appearance on Return Date
In cases where the defendant does not appear or the parties settle, the plaintiff must submit finality paperwork within 30 days of the return date or the case will be dismissed.
In cases in which (1) the defendant does not appear, or (2) the parties have reached a settlement agreement, the plaintiff shall submit the paperwork necessary to bring the case to finality within 30 days of the return date. If the paperwork is not submitted as required the case shall be dismissed.
Page 19 | 603 Defendant’s Appearance on Return Date
A prevailing plaintiff or counterclaimant must submit finality paperwork within 30 days of the hearing or trial date or the case will be dismissed.
In cases in which the plaintiff or a counterclaimant has prevailed at hearing or trial, the successful party shall submit the paperwork necessary to bring the case to finality within 30 days of the hearing or trial date. If the paperwork is not submitted as required the case shall be dismissed.
Page 19 | 605 Trial/hearing Date
The Victim/Witness Compliance Statement must be filed at the beginning of each appearance in a covered matter.
At the beginning of each appearance in a matter subject to victim/witness notification and participation requirements, the District Attorney’s office shall file with the Clerk of Court a Victim/Witness Compliance Statement
Page 20 | 701 Filing of Victim/Witness Compliance Statement
The guardian ad litem’s written report is due within 75 days after appointment.
The Guardian ad Litem shall submit a written report to the court and to the counsel for the parties (or the party, if unrepresented) within 75 days of the date when appointed.
Page 21 | 803-A Original Proceeding
After the initial deposit, each party must deposit an additional $50 with the Clerk of Court by the first of each month until the guardian ad litem fees are paid in full.
On or before the 1st of each month following the receipt of the initial deposit, each party shall deposit with the Clerk of Court an additional $50 until the Guardian ad litem fees are paid in full.
Page 21 | 803-A Original Proceeding
Each party must pay half of the initial guardian ad litem deposit to the Clerk of Court's Office within 30 days after mediation concludes.
Each party shall pay 50% of the initial deposit to the Clerk of Court's Office within 30 days of the conclusion of mediation.
Page 21 | 803-A Original Proceeding
Attorneys and any guardian ad litem must indicate approval or disapproval and return the agreement to the Clerk of Court within 15 days after the clerk mails it.
The Clerk of Court shall forward the agreement to the attorneys for the parties, if any, and to the guardian ad litem, if any, who shall indicate their approval or disapproval of the agreement and then shall return it to the Clerk of Court within 15 days from the date of mailing by the Clerk of Court.
Page 21 | 803-A Original Proceeding
The parties’ written notice about whether they agree with the guardian ad litem’s recommendations is due within 15 days after receipt of the report; failure to notify is deemed acceptance.
Within 15 days of receipt of the Guardian ad Litem’s report pursuant to C, above, the parties shall notify the court, in writing, of whether they agree or disagree with the Guardian ad Litem’s recommendations. Failure to so notify the court shall be deemed an acceptance of the recommendations in the report.
Page 21 | 803-A Original Proceeding
The parties’ parenting plan is due to the court within 30 days after mediation concludes.
In addition, both parties shall submit a Parenting Plan to the court within 30 days of the conclusion of mediation.
Page 22 | 803-B Custody/Placement Modification Proceedings
After the initial deposit, the party requesting modification must deposit an additional $50 with the Clerk of Court by the first of each month until the guardian ad litem fees are paid in full.
On or before the 1st of each month following the receipt of the deposit, the party requesting modification of the then existing order shall deposit with the Clerk of Court an additional $50 until the Guardian ad litem fees are paid in full.
Page 22 | 803-B Custody/Placement Modification Proceedings
If neither party agrees with the guardian ad litem’s report, each party must deposit half of the home study fee with the Clerk of Court within 40 days after receiving the report.
If neither party agrees with the Guardian ad Litem’s report, each party shall deposit one-half of the Home Study fee with the Clerk of Court’s within 40 days of receipt of the Guardian ad Litem’s report.
Page 22 | 803-A Original Proceeding
If only one party disagrees with the report, that party must pay the entire home study fee within 40 days after receiving it; failure to pay waives the right to challenge the report.
If one party agrees with the Guardian ad Litem’s report, and the other party does not agree with the Guardian ad Litem’s report, the party that disagrees with the report shall deposit the entire Home Study fee with the Clerk of Court within 40 days of receipt of the report. Failure to submit the fee within the specified time shall be deemed a waiver of the right to challenge the Guardian ad Litem’s report.
Page 22 | 803-A Original Proceeding
The guardian ad litem’s written report is due within 75 days after appointment.
The Guardian ad Litem shall submit a written report to the court and to counsel for the parties (or the parties, if unrepresented) within 75 days of the date when appointed.
Page 22 | 803-B Custody/Placement Modification Proceedings
If custody or placement remains disputed after mediation, the party seeking modification must make the initial guardian ad litem deposit within 30 days after mediation concludes.
If custody/placement remains at issue following mediation, the party requesting modification of the then existing order shall make an initial deposit towards the guardian ad litem fee within 30 days of the conclusion of mediation, and shall submit an order appointing guardian ad litem.
Page 22 | 803-B Custody/Placement Modification Proceedings
The fully executed marital settlement agreement must be filed at or before the time set for the hearing.
In all matters set on the court’s stipulated divorce calendar, the parties shall file with the court a fully executed marital settlement agreement at or before the time set for the hearing.
Page 24 | 808 Settlement Agreement Filing Deadline in all Stipulated Divorces
Each party must file and serve the required case-specific documents at least two days before the pretrial conference.
Each party shall file and serve the following items not less than two days prior to the pretrial conference:
Page 24 | 807 Court Mandated Discovery
In the specified divorce and legal-separation cases, parties must complete the educational program, which may not exceed four hours, within 90 days of service of the summons or filing of a joint petition.
1. All parties to actions for divorce or legal separation with children shall complete an educational program, not to exceed four hours in length, concerning the effects on a child of marriage dissolution if there are minor children of the marriage. 2. Parties shall attend and complete the educational program within ninety days of the service of the Summons upon the respondent or within ninety days of filing in the case of a joint petition. The parties shall each provide proof of completion of the program to the Clerk of Court's Office.
Page 25 | 811 Educational Programs Concerning the Effects on a Child of Dissolution of a Marriage
Court-appointed attorneys must submit their billing statements to the court and all interested parties at least monthly.
Not less than monthly, the attorney shall submit a detailed statement to the court and to all interested parties
Page 26 | 1102 Billing Practices
Persons seeking to maintain eligibility for guardian ad litem or court-appointed attorney work must file the required information with the Judicial Assistant by January 10 each year.
On or before January 10 of each year, all persons desiring to maintain eligibility for guardian ad litem/court appointed attorney work in Clark County shall file the following with the Court’s Judicial Assistant:
Page 26 | 1101 Educational and Eligibility Compliance
Any party may request a hearing before 10 days have passed after the response brief is filed; without a request, the court decides the motion on the submissions.
(c) A hearing date may be set if requested by any party at any time prior to 10 days after the filing of the response brief under rule 404-C. See rule 401 with regard to the procedure to request a hearing. If any party does not request a hearing, the court will decide the motion on the basis of the submittals.
Page 6 | 404 Motions for Summary Judgment; 404-A General/Timing/Briefing Schedule
The movant may file and serve a written rebuttal with citations of authority at least 3 days before the hearing.
(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.
Page 6 | 403 Motion Filing Procedure (non-summary judgment motions)
By the date determined under Rule 404-A(b), the movant may—but need not—serve and file any or all of the listed rebuttal items.
On or before the date determined under Rule 404-A(b), the movant may, but is not required to, serve and file in rebuttal any or all of the following items:
Page 8 | 404-D Rebuttal
Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.
Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.
Page 11 | 409-B Pretrial Conference
Service and Proof of Service Rules
The plaintiff or petitioner must serve an authenticated copy of the scheduling-conference order with the summons and complaint.
The plaintiff/petitioner shall serve an authenticated copy of the order upon the defendant(s)/respondent(s) at the time of service of the summons and complaint.
Page 5 | Part 4: Civil Practice; 401 Scheduling Conferences
A party that effects service must file proof of service within 20 days after service is completed.
All parties effectuating service shall file Proof of Service within 20 days after service is accomplished on a party.
Page 5 | Part 4: Civil Practice; 400 Joinder of issue
The movant must serve the motion and all supporting documents on the other parties at least 15 days before the hearing.
(a) The movant shall file with the Clerk of Court and serve upon all other parties the motion and all supporting documents at least 15 days before the hearing.
Page 6 | 403 Motion Filing Procedure (non-summary judgment motions)
The opposing party must serve its written response on all other parties at least 7 days before the hearing.
(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.
Page 6 | 403 Motion Filing Procedure (non-summary judgment motions)
When the defendant was served by substitute or published service, the default-judgment motion notice and an affidavit showing service of that notice must be mailed to the defendant’s last known address and filed with the court.
In cases where personal service was not obtained upon the defendant (i.e., substitute or published service), notice of motion for default judgment and an affidavit of service of the notice upon the defendant shall be given to defendant by regular mail at defendant’s last known address and filed with the court.
Page 10 | 406 Large Claim Civil Default Judgments
Every foreclosure default judgment must be scheduled for an open-court hearing, with notice given to all defendants at least 7 days beforehand.
All default judgments in foreclosure proceedings shall be scheduled for a hearing in open court, due notice of which shall have been given to all defendants at least 7 days before the hearing.
Page 10 | 407 Foreclosure Proceedings
The listed pretrial submissions must be served at least 15 days before the pretrial conference, or before trial if no conference is set.
Not less than 15 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 15 days before trial, the parties shall file and serve the following:
Page 11 | 409-B Pretrial Conference
When personal or substituted service has failed in an eviction action, the procedure is to adjourn the return date, post, and mail.
Where personal or substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.
Page 18 | 601 Service by Publication
Summons in eviction actions must be served personally or by substituted service.
In eviction actions, service of summons shall be by personal or substituted service.
Page 18 | 600 Service of Summons
In replevin actions, summons may be served personally or by substituted service; within Clark County, service may also be by certified mail with restricted delivery.
In replevin actions, service of summons may be commenced by personal service, substituted service or, if within Clark County, by certified mail with restricted delivery.
Page 18 | 600 Service of Summons
In money-judgment suits, summons may be served personally or by substituted service; within Clark County, it may also be sent by mail by the Clark County Clerk of Courts.
In suits for money judgments, service of summons may be by personal service, substituted service or, if within Clark County, by mail sent by the Clark County Clerk of Courts.
Page 18 | 600 Service of Summons
When filing the original answer, the defendant must simultaneously serve a copy on the plaintiff by first-class mail or hand delivery.
Upon filing the original answer in the Clerk of Courts Office, the defendant shall at the same time serve (by first-class mail or hand delivery) a copy upon the plaintiff.
Page 19 | 603 Defendant’s Appearance on Return Date
The moving party must personally serve the defendant with a request for a bench warrant for the specified failures or nonappearance.
The moving party shall personally serve the defendant with any request for a bench warrant for the judgment debtor's failure to file a financial disclosure statement or for nonappearance at a supplemental examination.
Page 20 | 606 Financial Disclosures/Supplemental Exams
The petitioner must serve an authenticated copy of the Notice Order on the respondent when serving the summons and petition.
The petitioner shall serve an authenticated copy of the Notice Order upon the respondent at the time of service of the summons and petition.
Page 20 | 801 Stipulated Divorce/Scheduling Date
Each party must serve the required case-specific documents at least two days before the pretrial conference.
Each party shall file and serve the following items not less than two days prior to the pretrial conference:
Page 24 | 807 Court Mandated Discovery
In cases involving minor children and the stated public-assistance or arrearage conditions, the parties must serve the Child Support Agency with notice of the action and/or specified requests at commencement or as soon as the condition is discovered.
In all cases involving minor children, when any party is receiving any type of public assistance, has applied for public assistance, has received public assistance during the pendency of the action, or an arrearage exists in favor of the State of Wisconsin, the parties shall (a) serve notice of the action, and/or (b) serve notice of any request for change in legal custody, physical placement or child support on the Clark County Child Support Agency at the commencement of the action or as soon as it is discovered that a party is receiving public assistance in accordance with Section 767.15, Wis. Stats.
Page 25 | 810-B Notice by Parties
The movant may serve a written rebuttal on all other parties at least 3 days before the hearing.
(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.
Page 6 | 403 Motion Filing Procedure (non-summary judgment motions)
If personal, substituted, or mail service has failed, the plaintiff may use service by publication to establish personal or in rem jurisdiction.
Where personal, substituted, or mail service has failed, plaintiff may utilize service by publication to establish personal or in rem jurisdiction.
Page 18 | 601 Service by Publication
In a large-claim civil action where the defendant was personally served, no notice to the defendant is required before entry of default judgment; mortgage foreclosures are excluded.
Except as to mortgage foreclosures (see rule 407), no notice to defendant is required before entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.
Page 10 | 406 Large Claim Civil Default Judgments
Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.
Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.
Page 11 | 409-B Pretrial Conference
Filing Fees and Waivers
If neither party agrees with the report, each must deposit half of the Home Study fee with the Clerk within 40 days after receiving the report.
G. If neither party agrees with the Guardian ad Litem’s report, each party shall deposit one-half ofthe Home Study fee with the Clerk of Court’s within 40 days of receipt of the Guardian ad Litem’s report.
Page 23 | 803 Guardian ad Litem/Home Study
Failure to submit the required fee on time is deemed a waiver of the right to challenge the report.
Failure to submit the fee within the specified time shall be deemed a waiver of the right to challenge the Guardian ad Litem’s report.
Page 23 | 803 Guardian ad Litem/Home Study
H. If one party agrees with the Guardian ad Litem’s report, and the other party does not agree with the Guardian ad Litem’s report, the party that disagrees with the report shall deposit the entire Home Study fee with the Clerk of Court within 40 days of receipt of the report.
H. If one party agrees with the Guardian ad Litem’s report, and the other party does not agree with the Guardian ad Litem’s report, the party that disagrees with the report shall deposit the entire Home Study fee with the Clerk of Court within 40 days of receipt of the report.
Page 23 | 803 Guardian ad Litem/Home Study
The Court sets the Home Study fee amount after consulting the Family Court Commissioner and the President of the Clark County Bar Association.
The Court, after consultation with the Family Court Commissioner and President of the Clark County Bar Association, shall set the amount of the Home Study Fee.
Page 23 | 803-C Home Study Fee Amount
The Court may allocate Guardian ad Litem and Home Study fees between the parties during the proceeding or at its conclusion, regardless of who paid them initially.
Notwithstanding which party made the initial deposit and/or subsequent installment payments for the guardian ad litem fees or home study fees, the court may exercise its discretion to allocate such fees between the parties as appropriate both during the pendency of the case/proceeding and/or at the conclusion of the case/proceeding.
Page 23 | 803-D Guardian ad Litem/Home Study Fee Allocation
Courtesy Copy Requirements
A courtesy copy of every motion document, excluding attachments and exhibits, must be provided to the judge.
Courtesy COPIES of all motion documents (without attachments or exhibits) shall be provided to the judge.
Page 4 | 302 Filing of Documents
Sealing & Redaction Procedures
Pro se defendants must review their presentence reports in the courthouse as directed by the sentencing judge.
Pro se Defendant: Pro se defendants must review their presentence reports in the courthouse as directed by the sentencing judge.
Page 18 | 508 Pre-sentence Reports
The court will endeavor to make presentence report copies available ten business days before sentencing for the specified purposes; no other copies may be made, the original is kept in a sealed envelope, and all copies must be returned for destruction immediately after sentencing.
Availability: The court will endeavor to make copies of presentence reports available ten business days in advance of the sentencing date only for these purposes and no other copies may be made. The original will be retained in a sealed envelope in the court file. All copies shall be turned into the court for destruction immediately after sentencing.
Page 18 | 508 Pre-sentence Reports
Presentence reports are confidential; a represented defendant may review the report only in counsel’s presence, and counsel must ensure that no one but the client reviews it.
Defendant represented by Counsel: Presentence reports are confidential. Clients may only review them in the presence of counsel. Counsel must ensure that no one but the client reviews the PSI.
Page 18 | 508 Pre-sentence Reports
Filing Bundling Requirements
A summary-judgment motion must be served and filed together with any permitted materials the movant elects to include.
A motion for summary judgment made pursuant to Section 802.08 Wis. Stats., shall be served and filed in the following form: (a) The motion itself together with such materials permitted by Sec. 802.08 Wis. Stats., as the movant may elect to serve and file; and
Page 6 | 404 Motions for Summary Judgment; 404-B Motion Procedure
The summary-judgment motion must be served and filed together with its supporting brief.
(d) The motion for summary judgment in the form required herein, shall be served and filed together with a supporting brief.
Page 7
The response must be served and filed together with the brief opposing summary judgment.
(d) The response in the form required by rule 404-C, shall be served and filed together with a brief in opposition to the motion for summary judgment.
Page 8 | 404-C Response
Pre-Motion Conference Requirements
Unless the court sets another briefing schedule, the response brief is due 30 days after the summary-judgment motion and the rebuttal brief is due 15 days after the response brief.
(b) The parties may file motions for summary judgment within the time set in the scheduling order, but in no event less than 120 days prior to the trial date. In the absence of a briefing schedule otherwise established by the court, the response brief under rule 404-C shall be filed within 30 days after the filing of the motion and the rebuttal brief under rule 404-D shall be filed within 15 days after the filing of the response brief.
Page 6 | 404 Motions for Summary Judgment; 404-A General/Timing/Briefing Schedule
Before bringing a discovery motion, the movant must consult opposing counsel and sincerely try to resolve the dispute; the motion must include a written statement describing the unsuccessful efforts and identifying the consultation’s date, place, and participants.
All motions regarding discovery matters pursuant to Chapter 804 Wis. Stats., 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 agreement. Such statement shall recite the date, place and name of all parties participating in such consultation.
Page 9 | 405-A Discovery Disputes
Adjournment & Extension Requirements
A stipulated civil trial-continuance request requires the attorneys’ and named parties’ consent in writing or on the record and good cause.
All stipulated requests for continuance of trial date shall require the consent of the attorneys and the named parties in writing or on the record and must be for good cause shown.
Page 12 | 411 Continuance of Trial Date
All civil trial-continuance requests require court approval.
All requests for continuance are subject to the approval of the court.
Page 12 | 411 Continuance of Trial Date
A non-stipulated criminal trial-continuance request must be made by motion, heard by the court, and supported by good cause shown by the party.
Non-stipulated requests for a continuance must be on motion and hearing with good cause shown by the party.
Page 12 | 501 Continuances
Other civil trial-continuance requests must be made by motion and supported by good cause shown by the party or the party’s written consent.
All other requests for continuance must be made by motion and for good cause shown by the party or with the party’s written consent.
Page 12 | 411 Continuance of Trial Date
A stipulated criminal trial-continuance request requires the named parties’ consent in writing or on the record and good cause.
All stipulated requests for a continuance of trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown.
Page 12 | 501 Continuances
Where practical, the court will endeavor to sentence immediately after an adjudication of guilt, unless good cause for adjournment appears.
Where practical, the court will endeavor to impose sentence immediately upon an adjudication of guilt, unless there appears good cause for adjournment.
Page 15 | J. Sentencing
Chambers Communication Rules
Documents filed under the fax rule may be transmitted only to the Clerk of Circuit Court’s fax number 715-743-5187.
Documents filed under this rule may only be transmitted to the following number: 715-743-5187
Page 4 | 301-B Facsimile Number
The plaintiff or petitioner must initiate the scheduling-conference call and ensure all parties are connected.
The plaintiff/petitioner shall initiate the conference call and ensure that all parties are connected to the call.
Page 5 | Part 4: Civil Practice; 401 Scheduling Conferences
A party may not schedule a motion at the same time as a previously scheduled motion without first contacting the court or judicial assistant, obtaining leave, and complying with Rule 305.
No party shall schedule a motion at the time of a previously scheduled motion in a matter without first (a) contacting and obtaining leave of the court or the judicial assistant, and (b) complying with rule 305.
Page 5 | 306 Piggyback Motions Prohibited
A party must schedule a motion with the court before filing, using the provided scheduling number, and include the hearing date in the motion documents before filing.
The scheduling number is 715-743-5172. It is the party’s responsibility to schedule the motion with the court prior to the filing of the motion—the hearing date shall be inserted in the motion documents prior to filing.
Page 6 | Part 4: Civil Practice; 402 Motions - Scheduling Procedure
The Rules of Civil and Criminal procedure that permit the use of telephone or electronic means of communication in certain specified proceedings are adopted in full. Parties are encouraged to utilize the procedures in the manner specified by Sec. 807.13 and Sec. 967.08 Wisconsin Statutes. Where practical, the court and all interested parties shall be informed of a party’s intent to utilize such procedures at least 48 hours before the scheduled proceeding. Parties using these procedures shall be responsible for ensuring that all interested parties are available at the time of the scheduled proceeding and for all communication costs.
The Rules of Civil and Criminal procedure that permit the use of telephone or electronic means of communication in certain specified proceedings are adopted in full. Parties are encouraged to utilize the procedures in the manner specified by Sec. 807.13 and Sec. 967.08 Wisconsin Statutes. Where practical, the court and all interested parties shall be informed of a party’s intent to utilize such procedures at least 48 hours before the scheduled proceeding. Parties using these procedures shall be responsible for ensuring that all interested parties are available at the time of the scheduled proceeding and for all communication costs.
Page 3 | 300 Telephone Proceedings
Anyone requesting scheduling of court time must tell the judge or judicial assistant how much time the matter is expected to need.
All persons contacting the court to request the scheduling of in court proceedings (hearings, trials, preliminary examinations, etc. and all other court time) shall provide an estimate to the judge and/or judicial assistant of the time needed for such matter.
Page 5 | 305 Requests for Court Time
A motion filed with the clerk will not be scheduled until the court receives a specific request by phone or in writing for a date and time.
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 date and time.
Page 6 | Part 4: Civil Practice; 402 Motions - Scheduling Procedure
Telephone scheduling may be arranged by calling the judge’s judicial assistant.
Telephone scheduling can be arranged by calling the judge’s judicial assistant. See Rule 402.
Page 5 | 307 Scheduling
Telephone scheduling may be arranged by calling the judge’s judicial assistant.
Telephone scheduling can be arranged by calling the judge’s judicial assistant. See Rule 403.
Page 11 | 408 Scheduling
If both parties agree with the report, the matter proceeds to the scheduled status conference, or, if all issues are resolved, the parties may contact the judicial assistant to request a stipulated hearing date.
If both parties agree with the Guardian as Litem’s report the matter shall proceed to the status conference set under rule 802 B or, alternatively, if all issues are resolved, the parties may contact the judicial assistant to request a stipulated hearing date.
Page 21 | 803-A Original Proceeding
Questions about the current guardian ad litem fee amount should be directed to the family court commissioner or the Clark County Clerk of Courts.
Inquiries concerning the current amount of the fee shall be directed to the family court commissioner or to the Clark County Clerk of Courts.
Page 21 | 803-A Original Proceeding
If both parties agree with the Guardian ad Litem’s report and all issues are resolved, they may contact the judicial assistant to request a stipulated hearing date; otherwise, the matter proceeds to the scheduled status conference.
F. If both parties agree with the Guardian as Litem’s report the matter shall proceed to the status conference set under rule 802 B or, alternatively, if all issues are resolved, the parties may contact the judicial assistant to request a stipulated hearing date.
Page 23 | 803 Guardian ad Litem/Home Study