Clark County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Guardian ad litem fee statement

Unless appearance is waived, the Guardian ad Litem must appear at the final hearing in a divorce or paternity proceeding with a statement of fees.

Unless appearance is waived, the guardian ad litem shall appear at the final hearing in divorce or paternity proceeding with a statement of fees.

CRITICAL

Applies to

Psi order

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.

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.

CRITICAL

Applies to

Tax analysis work sheet

When taxes are a factor, each party must file and serve a completed Tax Analysis Work Sheet.

4. In every case in which taxes are a factor, a completed TAX ANALYSIS WORK SHEET.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Proposed findings of fact

The movant must present only the factual propositions it considers necessary to judgment and undisputed, including all basic facts necessary to decide the motion.

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.

CRITICAL

Applies to

Mediation agreement

After successful mediation, the agreement must be in writing, signed by the parties, and provided to the Clerk of Court.

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.

CRITICAL

Parties must direct the court to all material factual and legal matters through specific references to the record.

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.

CRITICAL

Applies to

Pretrial submissions

The listed pretrial submissions are proposed instructions and a verdict form, motions in limine, and any trial brief a party intends to submit.

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.

CRITICAL

Applies to

Proposed conclusions of law

The movant’s proposed conclusions of law must be set out in numbered paragraphs.

(c) A statement of the conclusions of law proposed by movant, in numbered paragraphs.

CRITICAL

Applies to

Statement of position as to child custody

When child custody is at issue, each party must file and serve a completed Statement of Position as to Child Custody.

2. In every case where child custody is an issue, a completed STATEMENT OF POSITION AS TO CHILD CUSTODY.

CRITICAL

Applies to

Victim witness compliance statement

At the beginning of each appearance in a covered matter, the District Attorney’s office must file a Victim/Witness Compliance Statement with the Clerk of 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

CRITICAL

Applies to

Family law case documents

The parties must provide the Child Support Agency copies of the financial disclosure statement, any final stipulation, and the divorce findings, conclusions, and judgment.

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.

CRITICAL

Applies to

Proposed findings of fact

Proposed factual propositions must appear in numbered paragraphs, each limited as far as practicable to one factual proposition.

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.

CRITICAL

Applies to

Response to proposed conclusions of law

For each proposed conclusion of law, the response must state whether it is agreed or disputed and identify any disputed portion precisely.

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

CRITICAL

Applies to

Educational program completion proof

Each party must provide proof of educational-program completion to the Clerk of Court's Office.

The parties shall each provide proof of completion of the program to the Clerk of Court's Office.

CRITICAL

Applies to

Proposed findings of fact

Each proposed factual paragraph must end with one or more record references supporting the movant’s contention that the proposition is undisputed.

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.

CRITICAL

Applies to

Court appointed attorney billing statement

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.

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

CRITICAL

Applies to

Response to proposed findings of fact

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.

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.

CRITICAL

Applies to

Sentencing presentation

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.

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.

CRITICAL

Applies to

Written notice to court

The parties must notify the court in writing within 15 days after receiving the guardian ad litem’s report whether they agree with its recommendations; 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.

CRITICAL

Applies to

Statement of compliance

When the parties have minor children, each party must file and serve a completed Statement of Compliance indicating compliance with rules 808 and 811.

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.

CRITICAL

Applies to

Facsimile filing

When an exception allowing another document to be fax-filed is granted, the filer must certify on the document’s first page that the judge or court commissioner approved fax transmission and state the approval date.

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.

CRITICAL

Applies to

Agreed facts and issues

The court must be informed in writing of all agreed facts and issues before trial.

The court shall be informed of all agreed facts and issues in writing prior to trial.

CRITICAL

Applies to

Notice of motion

The default-judgment motion notice must state that a written hearing request is due within 10 days of the notice and that default judgment will be entered if no request is made.

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.

CRITICAL

Applies to

Motion in limine

A motion in limine must include a brief statement of necessary facts and cite the legal proposition and supporting authorities.

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.

CRITICAL

Applies to

Final disclosure of assets and liabilities and proposed property division schedule

When property is contested, each party must file and serve a completed Final Disclosure of Assets and Liabilities and Proposed Property Division Schedule.

1. In every case where property is contested, a completed FINAL DISCLOSURE OF ASSETS AND LIABILITIES AND PROPOSED PROPERTY DIVISION SCHEDULE.

CRITICAL

Applies to

Motion to amend pleadings

Custody or paternity issues not raised in the pleadings or at the scheduling conference will not be tried unless a motion to amend the pleadings is brought for good cause.

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.

CRITICAL

Applies to

Special jury instructions

Submitted special instructions must cite the applicable law.

Special instructions submitted must contain citations to the applicable law.

CRITICAL

Applies to

Order appointing guardian ad litem

The party requesting modification must submit an order appointing the guardian ad litem if custody or placement remains disputed after mediation.

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.

CRITICAL

Applies to

Response to proposed conclusions of law

An opposing party must submit a response to the movant’s proposed conclusions of law.

(c) A response to the movant’s statement of proposed conclusions of law.

CRITICAL

Applies to

Record reference

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.

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.

CRITICAL

Applies to

Notice

A party generating a notice must include the specified scheduling statement in the notice.

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”

CRITICAL

Applies to

Exhibits

Each party must bring enough exhibit copies for the witness, the court, and the opposing parties.

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).

CRITICAL

Applies to

Plea hearing

When a defendant is represented by an attorney, the defendant must complete and sign the plea-and-waiver-of-rights form and notice-of-appeal-rights form before the plea hearing is called.

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.

CRITICAL

Applies to

Plea and waiver of rights form

When an attorney represents a defendant, the defendant must complete and sign a plea and waiver of rights form before the plea hearing is called.

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.

CRITICAL

Applies to

Response to proposed findings of fact

For each proposed-fact paragraph, the response must say whether the whole or part is disputed and precisely identify any disputed part.

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.

CRITICAL

Applies to

Motion

Motion documents must include the hearing date before the motion is filed.

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.

CRITICAL

Applies to

Jury instructions

Pattern instructions with alternative paragraphs or blanks must be submitted in final form.

Pattern instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must submit a written report to the court and the parties’ counsel, or the unrepresented parties, 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.

CRITICAL

Applies to

Affidavit

Affidavits must be based on personal knowledge, state admissible facts, and affirmatively show the affiant’s competence to testify.

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.

CRITICAL

Applies to

Response to proposed findings of fact

An opposing party must submit a response to the movant’s proposed findings of fact.

(b) A response to the movant’s statement of proposed findings of fact.

CRITICAL

Applies to

Annual eligibility filing

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.

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

CRITICAL

The parties must notify the court in writing whether they agree or disagree with the Guardian ad Litem’s recommendations.

shall notify the court, in writing, of whether they agree or disagree with the Guardian ad Litem’s recommendations.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must submit a written report to the court and the parties’ counsel, or an unrepresented party, 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.

CRITICAL

Applies to

Response

A written response must include a citation of authorities.

(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.

CRITICAL

Applies to

Statement of position as to child support

When child support is at issue, each party must file and serve a completed Statement of Position as to Child Support.

2. In every case where child support is an issue, a completed STATEMENT OF POSITION AS TO CHILD SUPPORT.

CRITICAL

Applies to

Fully executed marital settlement agreement

For matters on the stipulated divorce calendar, the parties must file a fully executed marital settlement agreement no later than the hearing time.

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.

CRITICAL

Applies to

Parenting plan

Both parties must submit a parenting plan 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.

CRITICAL

Applies to

Discovery response

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.

CRITICAL

Applies to

Summary judgment motion

The movant may submit a stipulation of facts, proposed findings of fact, or both.

(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).