Columbia County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Will not subject to probate

A will of a decedent not subject to probate must be filed with either a Declaration of No Probate or a letter stating the decedent's date of birth, date of death, and address at death.

Wills of a decedent which will not be subject to probate proceedings shall be filed and shall be accompanied by a Declaration of No Probate or a letter stating the decedent's date of birth, date of death and address at time of death.

CRITICAL

Applies to

Declaration of nonmilitary service

A Declaration of Nonmilitary Service on Circuit Court form GF-175 must be filed in each replevin case.

A Declaration of Nonmilitary Service (Circuit Court form GF-175) must be filed in each case.

CRITICAL

Applies to

Motion order to show cause

A Motion/Order to Show Cause must state the hearing date and time.

The Motion/Order to Show Cause document shall contain the date and time set for hearing.

CRITICAL

Applies to

Remote appearance request

A request to appear remotely on a specific hearing date must be written using Forms GF-306 and GF-307, include the reason, efforts to contact other parties, and their positions, and be made no later than noon on the day before the hearing.

5.02: Requests for remote appearance: A request for a specific hearing date to be remote (by telephone or Video conferencing) must be made in writing, using Wisconsin Circuit Court Forms GF-306 and GF-307. a. To be considered, the written request must include the reason for the request, the efforts made to contact other parties, and the other parties' position regarding the hearing being remote. b. Remote appearance requests made after Noon on the day preceding the hearing shall not be considered.

CRITICAL

Applies to

Writ of restitution request

The plaintiff may request a Writ of Restitution with the Clerk of Courts by completing a form and paying a $5 fee.

The plaintiff may request a Writ of Restitution with the Clerk of Courts by completing a form and paying a $5 fee.

CRITICAL

Applies to

Summons and complaint

A replevin action must be commenced by filing court-form Summons and Complaint SC-500.

Replevin actions shall be commenced with the filing of a court-form Summons and Complaint, SC-500.

CRITICAL

Applies to

Eviction complaint

The complaint must be accompanied by the written lease or, for an oral lease, a written explanation of its terms, rental period, and payment schedule.

The following are required to be filed with the Complaint: 3. A copy of the written lease agreement OR, if there is an oral lease agreement, a written explanation of the agreement and its terms, including rental period and payment schedule.

CRITICAL

Applies to

Opening documents for summary assignment and summary settlement

Proof of Heirship must be filed with all opening documents for Summary Assignment and Summary Settlement proceedings.

Proof of Heirship must be filed with all opening documents for Summary Assignment and Summary Settlement proceedings.

CRITICAL

Applies to

Final account in informal action

A final account must be filed in an informal action unless all residual beneficiaries or heirs-at-law have received a copy and waive filing.

Filing of a final account in an informal action is required, unless all residual beneficiaries/heirs-at law have received a copy of the final account and waive the filing of the final account.

CRITICAL

Applies to

Eviction complaint

The eviction complaint must identify the parties and property and state the facts authorizing removal of the defendants.

The Complaint shall identify the parties, the real property that is the subject of the action, and state the facts that authorize the removal of the defendant(s).

CRITICAL

Applies to

Annual accounting waiver request

An account-waiver request must use the designated Register in Probate Office Court Form and include proof of the ward’s income and December bank statements for each account holding the ward’s assets.

2. All account waivers must be requested on the designated Register in Probate Office Court Form and include the following attachments: a. Proof of the Ward's total income for the year the waiver request is submitted for. b. A bank statement for the month of December for each account holding the Ward's assets for the year the waiver is being requested.

CRITICAL

Applies to

Declaration of nonmilitary service GF 175

A Declaration of Nonmilitary Service, Circuit Court form GF-175, must be filed in each case.

iv. A Declaration of Nonmilitary Service (Circuit Court form GF-175) must be filed in each case.

CRITICAL

Applies to

Complaint

A replevin complaint must identify the parties and property and state the facts authorizing its return to the plaintiff.

The Complaint shall identify the parties, the property that is the subject of the action, and state the facts that authorize the return of the property to the plaintiff.

CRITICAL

Applies to

Agency home study

An agency home study must be submitted before the adoption hearing.

An agency home study shall be submitted prior to the Adoption hearing.

CRITICAL

Applies to

Eviction complaint

A written statement explaining how and when the Notice Terminating Tenancy was provided to the defendants must be filed with the complaint.

The following are required to be filed with the Complaint: 2. A written statement as to how and when the Notice Terminating Tenancy was provided to the defendant(s).

CRITICAL

Applies to

Bond form

If the defendant is not physically present for the initial appearance, he or she must return their signed bond form to the Clerk of Courts within 10 days of the initial appearance.

If the defendant is not physically present for the initial appearance, he or she must return their signed bond form to the Clerk of Courts within 10 days of the initial appearance.

CRITICAL

Applies to

Eviction complaint

A copy of any document regarding termination of tenancy given to the defendants must be filed with the complaint.

The following are required to be filed with the Complaint: 1. A copy of any documents) regarding termination of tenancy that was given to the defendant(s).

CRITICAL

Applies to

Stipulated final divorce hearing

A stipulated final divorce hearing will not be scheduled until the affidavit or admission of service, a single Marital Settlement Agreement signed by all parties, and a Financial Disclosure Statement for each party are filed.

A stipulated final divorce hearing will not be scheduled until the following documents are filed with the court: An affidavit of service or admission of service; Marital Settlement Agreement (one document signed by all partles); Financial Disclosure Statements (one for each party)

CRITICAL

Applies to

Motion

State Public Defender requests to withdraw from criminal traffic, misdemeanor, or felony cases must be made by motion unless Court policy allows otherwise.

All requests by the State Public Defender to withdraw from criminal traffic, misdemeanor, and felony cases shall be done by motion unless otherwise allowed by Court policy.

CRITICAL

Applies to

Request for hearing on monetary damages

A party seeking a hearing on monetary damages must make a written request within 90 days of the return hearing.

If either party believes the other party owes money, a written request for a hearing on monetary damages shall be made within 90 days of the return hearing.

CRITICAL

Applies to

Guardianship asset expenditure

Guardians of the estate must obtain prior written court approval for expenditures above the stated thresholds, subject to the stated exceptions; the court may approve recurring payments on review.

Guardians of the Estate shall obtain prior written court approval for any expenditure of guardianship assets exceeding $500.00 for estates under $50,000.00 or 1% of the Ward's assets for estates over $50,000.00. The Court may grant continuing payment for recurring expenses upon review. This requirement excludes necessary medical expenses and monthly housing or nursing home expenses.

CRITICAL

Applies to

Authorization

An attorney may appear for a defendant in a misdemeanor or criminal traffic case if the defendant signed and filed an authorization before the hearing, except when the matter is set for a plea or the notice requires the defendant to appear personally.

In misdemeanor and criminal traffic cases, an attorney may appear on the defendant's behalf if the defendant has signed and filed an authorization prior to the hearing. This does not apply when the matter is set for a plea, or the notice otherwise requires the defendant to appear in person.

CRITICAL

Applies to

Surety bond

A proposed guardian of the estate or conservator who is not a Wisconsin resident must file a court-determined surety bond before appointment.

Proposed guardians of the estate/proposed conservators who are not a resident of the state of Wisconsin shall file a surety bond in an amount determined by the Court prior to their appointment as guardian of the estate/conservator.

CRITICAL

Applies to

Court communication

Must include

case number

A communication to the Court must clearly identify the case number and the names of the parties or counsel copied.

The communication must clearly identify the case number and names of the parties or counsel copied on the communication.

CRITICAL

Applies to

Authorization

In misdemeanor cases, if an authorization is filed before the date and time set for the initial appearance, the attorney may appear on behalf of the defendant.

In misdemeanor cases, if an authorization is filed before the date and time set for the initial appearance, the attorney may appear on behalf of the defendant.

CRITICAL

Applies to

Motion

A motion must be filed in writing before it is scheduled for a hearing unless good cause exists.

Absent good cause, no motion will be scheduled for hearing prior to it having been filed in writing with the Court.

CRITICAL

Applies to

Eviction case

A Declaration of Nonmilitary Service, Circuit Court form GF-175, must be filed in each eviction case.

Iv. A Declaration of Nonmilitary Service (Circuit Court form GF-175) must be filed in each case.

CRITICAL

Applies to

Petition

A petition not filed on behalf of Columbia County or Wisconsin must be accompanied by a stepparent adoption or agency adoption petition to be heard.

A petition other than one filed on behalf of Columbia County or the State of Wisconsin will not be heard by the court unless a stepparent adoption or agency adoption petition accompanies the petition.

CRITICAL

Applies to

Court form summons and complaint SC 500

Civil actions claiming $10,000 or less must be commenced by filing the court-form Summons and Complaint, SC-500.

Civil actions where the amount claimed is $10,000 or less shall be commenced with the filing of a court-form Summons and Complaint, SC-500.

CRITICAL

Applies to

Withdrawal request

An attorney may withdraw only with the assigned judge's consent, a proper showing of cause, and presentation of a written order allowing withdrawal.

Attorneys will not be allowed to withdraw from a case without the consent of the assigned judge. Consent will be given only upon a proper showing of cause and the presentation of a written order allowing said withdrawal.

CRITICAL

Applies to

Will

Only original wills are accepted for filing, but a copy may be filed under Wis. Stat. 856.17 if the original is unavailable.

Only original wills will be accepted for filing with the court. If the original is not available, pursuant to Wis. Stat. 856.17, a copy may be filed.

CRITICAL

Applies to

Family court commissioner matter

For matters heard by the Family Court Commissioner, obtain a hearing date and time from the Family clerk before filing any documents.

In all matters heard by the Family Court Commissioner, a hearing date and time shall be obtained from the Columbia County Clerk of Courts' Family clerk before any documents are filed with the court.

CRITICAL

Applies to

Eviction action

An eviction action must be commenced by filing the court-form Summons and Complaint, SC-500.

Eviction actions shall be commenced with the filing of a court-form Summons and Complaint, SC-500.

WARNING

Applies to

Annual accounting waiver request

The court may deny any waiver it considers inappropriate for any reason and require the guardian of the estate to file an annual account at any time.

4. The Court shall have the discretion to deny any waiver it deems inappropriate for any reason and require the guardian of the estate to file an annual account at any time.

WARNING

Applies to

Annual accounting waiver request

To qualify for an annual-accounting waiver, the ward’s assets must not exceed $2,000, excluding the listed trusts and qualifying second December Social Security deposit.

b. The Ward's total assets do not exceed $2,000.00. Under this provision, a Ward's "assets" do not include the following: 1. Burial trusts 2. Wispact trusts 3. A second social security deposit made in December of the year for which a waiver is requested that is intended to be social security income for January of the following year.

WARNING

Applies to

Annual accounting waiver request

A noncorporate guardian of the estate may request waiver of a ward’s annual accounting only if all stated criteria are met as of December 31 of the year for which waiver is sought.

iv. Request to Waive Annual Accounting 1. A guardian of the estate, who is not a corporate guardian, may request that a ward's accounting be waived only if each of the following criteria are met as of December 31" of the year for which a waiver is sought:

WARNING

Applies to

Annual accounting waiver request

To qualify for an annual-accounting waiver, the guardian or conservator must have been appointed for at least 12 months and have submitted at least one annual account for a full calendar year.

a. The guardian of estate/conservator has been appointed for 12 months or more and submitted an annual account for a full calendar year on at least one occasion.