Clark County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Statement of position as to maintenance

When maintenance is at issue, each party must file and serve a completed Statement of Position as to Maintenance.

3. In every case where maintenance is an issue, a completed STATEMENT OF POSITION AS TO MAINTENANCE.

CRITICAL

Applies to

Order appointing guardian ad litem

The petitioner’s attorney must prepare an order appointing the guardian ad litem.

Petitioner’s attorney shall prepare an order appointing the guardian ad litem.

CRITICAL

Applies to

Notice order

The Notice Order must notify parties with children of the educational requirements under rule 813.

The Notice Order shall include notification of the educational requirements under rule 813 for parties with children.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Response to proposed findings of fact

The response’s record references must meet the specificity requirements in Rule 404-B(b)4.

3. The references to the record shall be made with that specificity required by rule 404- B(b)4., above.

CRITICAL

In a discovery dispute, the requesting party must identify the information sought and reasons for production; the responding party must explain why it is not discoverable and give specific reasons for each denial, as blanket work-product assertions are insufficient.

(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.

WARNING

Applies to

Notice

Failure to notify the court of agreement or disagreement is deemed acceptance of the recommendations.

Failure to so notify the court shall be deemed an acceptance of the recommendations in the report.

WARNING

Applies to

Monthly billing

A Guardian ad Litem appointed in a family action must provide monthly billing to the parties or their counsel.

The Guardian ad Litem appointed in an action affecting the family shall provide a monthly billing to the parties or their counsel.

WARNING

Applies to

Educational program excusal request

A party may be excused from the educational program upon written request and a showing of good cause.

The Family Court Commissioner or the Circuit Court may excuse a party from participating in the educational program upon written request and a showing of good cause.

WARNING

Applies to

Opposing party proposed findings of fact

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.

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.

WARNING

Applies to

Rebuttal

A written rebuttal, if filed, must include a citation of authorities.

(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.

WARNING

Applies to

Annual eligibility filing

Failure to submit the required annual information results in ineligibility for guardian ad litem and/or appointed attorney work.

Failure to submit the required information will result in ineligibility for guardian ad litem and/or appointed attorney work.

INFO

Applies to

Opposing party proposed conclusions of law

An opposing party may state additional conclusions of law it believes show that the motion must fail.

2. If an opposing party believes the motion for summary judgment must fail because of conclusions of law not stated by movant, that party may state such other conclusions of law.

INFO

Applies to

Rebuttal materials

The movant is permitted, but not required, to serve and file any or all of the rebuttal items listed in the following text.

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:

INFO

Applies to

Opposition materials

An opposing party may elect to serve and file materials permitted by Section 802.08 in opposition to the motion.

(a) Such materials permitted by Sec. 802.08 Stats., which the party may elect to serve and file in opposition to the motion.