Dunn County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A court-trial adjournment request must be written, received at least five working days before trial, and state specific reasons and the opposing party’s position; the court considers the reasons and both parties’ positions rather than deciding solely based on agreement or objection.
Communication
Phone
Clerk
Document Format Requirements1 rule
All mailing of summonses shall be done in envelopes upon which the clerk’s return address appears, with a request to return to that address.
Document Filing Requirements13 rules
If sentencing results in a prison term, a copy of the PSI and Judgment of Conviction shall be provided to the Sheriff for delivery, along with the prisoner, to the Dept. of Corrections or other point of intake designated by Dept. of Corrections.
Any person, besides the victim of a child's act who has filed or intends to file a civil action, seeking access to records which are not privileged and are within the court's authority to disclose, and who is not otherwise authorized to receive records or information under these policies or who is denied access, shall submit a request to the juvenile clerk which includes the following information: 1. The name, address and telephone number of the requesting party a. If the requesting party is seeking access on behalf of another party, the name, address and telephone number of that party shall be included. 2. The information or record being sought and the basis for the requesting party's belief that such information or record does exist. 3. The degree of urgency attending the request. 4. The purpose for which the information or record is needed, and the relevance of the information or record to the requesting or receiving party's stated purposes. 5. The potential outcomes of the action or actions the requesting or receiving party intends to take which involves the use of the information or record. 6. The requesting party's efforts to lawfully obtain the information or record from other sources. 7. The hardship to the requesting or receiving party's cause if the information or record is not disclosed.
Victims seeking juvenile records for a civil action must request access from the juvenile court judge; victims seeking records for another purpose must request access from the juvenile court clerk under rule 701.02.
Court's wording
1. Victims of juvenile delinquency seeking information and records for the purpose of pursuing a civil action against the juvenile and/or his/her parents are to use the procedure detailed in Wisconsin Statutes Ch. 938 & §895.035. The request for access is to be made to the judge of the juvenile court. The court will advise the required parties of such requests. 2. Victims of juvenile delinquency seeking information and records for a purpose other than pursuing a civil action, shall make their request to the juvenile court clerk pursuant to 701.02.
Such a request shall be made to the court prior to the commencement of the proceeding and shall state the person's interest and purpose in attending.
All parties must be identified as either a person, a corporation, or a partnership. If a corporation or person is doing business under something other than their legal name, that name shall be included in the pleadings.
A copy of the lease and the notice to vacate must also be submitted with the summons and complaint.
The initial request to dismiss or adjourn may be made by phone; however, the parties must follow up with a written notice.
Written answers must clearly state that the claim is being contested and provide the reasons why it is being contested.
The agreement shall be signed by the defendant and shall give notice to defendant of potential sanctions for non-payment.
Each municipality within Dunn County shall provide and maintain a current copy of their ordinances with the Clerk of Court and both branches of circuit court.
An incomplete access request will be returned for completion and may be resubmitted; the court may also request additional information at any time.
Court's wording
Any request for access, which does not contain the information required by rule 701.02, will be returned to the requesting party for completion and may be resubmitted. Additionally, the court has the discretion to request additional information of the requesting or receiving party at any time.
If a settlement agreement is reached, written notification must be provided to the Clerk of Court. Costs may be assessed to the parties for failure to provide such notice to the court.
If a judgment is granted, and the judgment debtor pays the judgment amount prior to the appeal time expiring, both parties must inform the court in writing in order to prevent the judgment from being entered.
Filing & Service rules
Filing Timing and Cure Windows
A request to attend a proceeding must be made before the proceeding begins.
Such a request shall be made to the court prior to the commencement of the proceeding and shall state the person's interest and purpose in attending.
Page 17 | 701.06 REQUEST TO ATTEND COURT PROCEEDINGS
The parties’ true legal identities must be established before judgment is taken.
The true legal identity must be established sometime before judgment is taken.
Page 17 | 901.01 IDENTITY OF PARTIES
If party identification is improper, the pleadings must be amended at the first appearance date or the error must be brought to the court’s or commissioner’s attention at trial.
If the parties are not properly identified, the pleadings must be amended at the first appearance date or the error must be made known to the court or the small claims court commissioner at the time of trial.
Page 17 | 901.02 PARTIES NOT PROPERLY IDENTIFIED
If the requested money judgment amount has increased, the plaintiff has 60 days to file an amended complaint.
If the plaintiff has requested a money judgment in the complaint, and that amount has increased, the plaintiff will be given 60 days to file an amended complaint.
Page 18 | 905.04 HEARING
If the amended complaint is not filed within 30 days of the eviction date, the plaintiff must file a new action to obtain a money judgment.
If an amended complaint is not filed within 30 days from eviction date, the plaintiff must file a new action to obtain money judgment.
Page 18 | 905.04 HEARING
A defendant contesting the claim must file a written answer by the date and time stated in the summons and complaint.
If the defendant is contesting the claim, he/she must file a written answer on or before the date and time shown on the summons and complaint.
Page 19 | 907.03 Defendant’s Appearance
Within 15 days of judgment, the debtor must either pay the judgment in full or complete the Financial Disclosure Statement mailed with the Notice of Entry of Judgment.
A "Financial Disclosure Statement" will be mailed by the Clerk of Court to the debtor along with the "Notice of Entry of Judgment". The debtor must either pay the judgment in full, or complete the "Financial Disclosure Statement" within 15 days of judgment.
Page 19 | 914.02 Financial Disclosure Statement
A demand for trial after an oral decision must be filed within 10 business days.
The demand for trial must be filed with the Clerk of Court and mailed to the other party within 10 business days from the date of an oral decision or 15 calendar days from the date of a written decision.
Page 21 | 915 APPEAL
A traffic citation not resolved or scheduled for further proceedings within 90 days of the initial appearance must be dismissed unless the Court grants a continuance upon good cause shown.
Any citation not closed/disposed or scheduled for further proceedings, within 90 days of the initial appearance shall be dismissed, unless a continuance has been granted by the Court upon good cause shown.
Page 22 | 1002 CONTESTED TRAFFIC CITATIONS
A person who refused a chemical test must request a refusal hearing within ten days after delivery of the notice of intent to revoke.
Request for a refusal hearing from one who has refused to take a chemical test must be made within ten days of delivery of the "notice of intent to revoke" to the defendant pursuant to Wisconsin Statute §343.305(9)(10).
Page 24 | 1004 REFUSAL HEARINGS
Service and Proof of Service Rules
Replevin actions require personal service.
Replevin actions require personal service.
Page 18 | 906.01 SERVICE
Eviction actions require personal service.
Personal service is required.
Page 18 | 905.01 SERVICE
A copy of the written answer must be sent to the plaintiff.
A copy of the written answer must be sent to the plaintiff.
Page 19 | 908 Written Answers
Summons service may be made by mail through the clerk, is complete when mailed unless returned unopened before the return date, and may be used to obtain a personal judgment only in Dunn County.
Service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed by statute. Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date. Service by mail to obtain a personal judgment shall be limited to Dunn County.
Page 19 | Small Claims
The original answer must be filed with the Clerk of Court, and a copy must be mailed to the plaintiff.
The original answer must be filed with the Clerk of Court and a copy must be mailed to the plaintiff.
Page 19 | 907.03 Defendant’s Appearance
The demand for trial must be mailed to the other party within the applicable deadline: 10 business days after an oral decision or 15 calendar days after a written decision.
The demand for trial must be filed with the Clerk of Court and mailed to the other party within 10 business days from the date of an oral decision or 15 calendar days from the date of a written decision.
Page 21 | 915 APPEAL
A plaintiff may not use the defendant’s work address on the summons and complaint, and the court will not mail paperwork to work addresses.
Plaintiff may not use defendant's work address on the summons and complaint. The court will not mail paperwork to work addresses.
Page 17 | 902.02 USE OF WORK ADDRESS
For a contested traffic citation, the Clerk of Court must set a non-court pretrial and send notice to the parties.
1002.01 Whenever a traffic citation is contested, the Clerk of Court shall set a time and date for a non-court pretrial with the appropriate prosecutor and send notices to the parties.
Page 22 | 1002 CONTESTED TRAFFIC CITATIONS
An amended complaint may be served by first-class mail.
Service for the amended complaint may be by 1st class mail.
Page 18 | 905.04 HEARING
The Clerk of Court will mail the Financial Disclosure Statement to the debtor with the Notice of Entry of Judgment.
A "Financial Disclosure Statement" will be mailed by the Clerk of Court to the debtor along with the "Notice of Entry of Judgment".
Page 19 | 914.02 Financial Disclosure Statement
If judgment is entered, all parties will receive a Notice of Entry of Judgment.
If a judgment is entered, all parties will receive a "Notice of Entry of Judgment".
Page 20 | 913 Notice
The Clerk of Court will hand out trial notices on the return date or mail them to parties who were not required to attend that date.
The Clerk of Court will hand out trial notices on the return date or mail them to the parties if their presence was not required at the return date.
Page 20 | 913 Notice
Filing Fees and Waivers
The judgment creditor must pay a $5.00 fee to have the judgment docketed.
The judgment's resulting creditor must pay a $5.00 fee to the Clerk of Court to have the judgment docketed.
Page 19 | 914.01 Docketing the Judgment
Mailing a summons through the clerk requires payment of the fee prescribed by statute.
Service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed by statute.
Page 19 | Small Claims
Mediation for contested claims is provided without charge.
Mediation is required for all contested claims and there is no charge.
Page 18 | 904 MEDIATION REQUIREMENT
Sealing & Redaction Procedures
When a person requests access to a file containing confidential information, the clerk or registrar verifies whether the person is a party; confidential records the party may not access are removed before the file is provided.
In general, when an individual requests access to a court record that includes confidential information, the Clerk of Court's office or the Registrar in Probate/Juvenile Court Clerk will ask for identification to verify that the individual is a party to the action. If so, and if a party is allowed access to the confidential records in his or her file, access to the entire file will be granted. If the party is not allowed access to some or all of the confidential records in the file, the confidential records the party is not allowed to see will be removed from the file before the party is allowed access.
Page 1 | 202.01 GENERALLY
Only parties and attorneys of record may view or copy financial declarations and other confidential financial information in divorce actions.
Only parties to the action and attorneys of record will be allowed to view and copy financial declarations and other confidential financial information in divorce actions.
Page 2 | 202.04 FINANCIAL RECORDS IN DIVORCE ACTIONS
Before adjudication, paternity records must remain confidential except to the parties, their authorized representatives, attorneys of record, and the adult children who were the subject of the proceeding.
Pursuant to Wis. Stats. §767.53, all paternity records, before adjudication, are to remain confidential except to the parties to the proceeding or their authorized representatives, attorneys of record, and adult children who were the subject of the proceeding.
Page 2 | 202.06 PATERNITY RECORDS
Confidential records are removed from a file before an attorney accesses it unless the attorney is counsel of record in that case.
When an attorney seeks access to a file containing confidential records, the confidential records will be removed from the file unless the attorney is an attorney of record in that particular case.
Page 2 | 202.01 GENERALLY
An unrepresented defendant may view the presentence investigation report but may not keep a copy.
If the defendant is not represented by counsel, the defendant is entitled to view the presentence investigation report but may not keep a copy.
Page 2 | 202.07 PRESENTENCE INVESTIGATIONS (PSI)
Medical and hospital records must remain confidential or be marked as an exhibit when filed until introduced at trial; until then, only parties and attorneys of record may view them.
Medical and hospital records remain confidential or marked as an exhibit when filed with the court until such time as they are introduced into evidence at a trial. Until then, only parties to the action and attorneys of record may view medical and hospital records.
Page 2 | 202.05 MEDICAL AND HOSPITAL RECORDS
Attorneys of record and, if applicable, the GAL may be provided a custody study but may not copy it or disclose the source of confidential information without a written court order.
Attorneys of record and the GAL if applicable, may be provided a copy of a custody study but may not copy it nor disclose the source of confidential information without written court order.
Page 2 | 202.02 CUSTODY INVESTIGATIONS
An expunged criminal record file is closed to access without a court order, and the Clerk of Courts must take steps to preserve the confidentiality of expunged records.
Any case in which a criminal record has been expunged shall be closed to access to anyone without a court order authorizing access to the file. The Clerk of Courts shall take appropriate steps to ensure confidentiality of all expunged criminal records.
Page 2 | 202.03 EXPUNGED CRIMINAL RECORDS
A party may view a custody study without a written order but may not copy or disclose its information except to counsel.
Parties to the action may view a custody study without a written order. However, a party may not copy or disclose such information, except to their counsel.
Page 2 | 202.02 CUSTODY INVESTIGATIONS
A defendant who views a presentence investigation report must keep its information confidential.
A defendant who views the contents of a presentence investigation report shall keep the information in the report confidential.
Page 2 | 202.07 PRESENTENCE INVESTIGATIONS (PSI)
Presentence investigations are confidential.
Pursuant to Wis. Stats. §972.15(4m), presentence investigations are confidential.
Page 2 | 202.07 PRESENTENCE INVESTIGATIONS (PSI)
Anyone who is not a party or attorney of record may access only the non-confidential portions of a case file.
Anyone other than an attorney of record or party to the action will be allowed access only to the non-confidential portions of a case file.
Page 2 | 202.01 GENERALLY
A district attorney or defendant’s attorney who receives a copy of the presentence investigation report must keep it confidential.
A district attorney or defendant’s attorney who receives a copy of the report shall keep it confidential.
Page 2 | 202.07 PRESENTENCE INVESTIGATIONS (PSI)
The district attorney and defendant’s attorney are entitled to receive and keep a copy of the presentence investigation report.
The district attorney and the defendant’s attorney are entitled to have and keep a copy of the presentence investigation report.
Page 2 | 202.07 PRESENTENCE INVESTIGATIONS (PSI)
Adjournment & Extension Requirements
A court-trial adjournment request must be written, received at least five working days before trial, and state specific reasons and the opposing party’s position; the court considers the reasons and both parties’ positions rather than deciding solely based on agreement or objection.
All requests for adjournment of court trials must be in writing and be received by the Clerk of Court's Office at least 5 working days prior to the trial date. If this is not done, the trial will be held as scheduled. All requests for adjournment must include the specific reasons why a continuance is being requested and also state the position of the opposing party regarding the requested continuance. The court will not automatically grant a continuance simply because both parties agree to it, nor will the court deny the continuance simply because the opposing party objects to it. Rather, the court will consider the reason for the request along with the positions of both parties in making its decision.
Page 19 | 910 Requests for Adjournment
If the case settles before the return date or the parties wish to adjourn, they must inform the Clerk of Court’s Office before 9:30 a.m. on the return date.
If the case settles prior to the return date or the parties wish to adjourn the matter, the parties must inform the Clerk of Court’s Office before 9:30 a.m. on the return date.
Page 19 | 907.02 Plaintiff’s Appearance
When no payments have been made but a written extension request is received, one extension will be granted and a letter will warn that suspension or other sanctions may follow if future payments are not received.
3. If no payments are made and a written request for extension has been received, one extension will be given and a return letter will be sent expressing that suspension or other sanctions may occur unless future payments are received.
Page 24 | 1003.02 TIME TO PAY POLICY EXCEPTIONS
Extensions to the time to pay are automatically granted when monthly payments have been coming in.
1. If monthly payments have been coming in, extensions will be automatically granted.
Page 24 | 1003.02 TIME TO PAY POLICY EXCEPTIONS
If no payments are made during the 60-day period and no written extension request is received, suspension or alternative sanctions will be imposed.
2. If no monthly payments have been made during the 60 days and no written request for an extension has been received, suspension or alternative sanctions will be imposed.
Page 24 | 1003.02 TIME TO PAY POLICY EXCEPTIONS
A continuance may be granted upon good cause shown.
Any citation not closed/disposed or scheduled for further proceedings, within 90 days of the initial appearance shall be dismissed, unless a continuance has been granted by the Court upon good cause shown.
Page 22 | 1002 CONTESTED TRAFFIC CITATIONS
A second or later extension request received when no payments have been made will be forwarded to the judge for a decision.
4. If a letter requesting a second or subsequent extension is received with no payments made, the file will be forwarded to the judge for a decision.
Page 24 | 1003.02 TIME TO PAY POLICY EXCEPTIONS
Chambers Communication Rules
Unless good cause is shown to the judge, a party seeking to close a public proceeding to the news media must notify the court and media coordinator in writing at least 72 hours before the motion hearing.
Unless good cause has been shown to the judge, a party moving that any judicial proceeding required by law to be open to the public should be closed to the news media, the individual must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion.
Page 1 | 201.01 REQUEST TO CLOSE TO MEDIA
A party who changes address while the case is pending must notify the Clerk of Court.
If either party has a change of address during the pendency of their case, they must notify the Clerk of Court.
Page 17 | 902.01 CHANGE OF ADDRESS
The initial request to dismiss or adjourn may be made by phone to the Clerk of Court’s Office, but the parties must follow up with written notice.
If the case settles prior to the return date or the parties wish to adjourn the matter, the parties must inform the Clerk of Court’s Office before 9:30 a.m. on the return date. The initial request to dismiss or adjourn may be made by phone; however, the parties must follow up with a written notice.
Page 19 | 907.02 Plaintiff’s Appearance