Eau Claire County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Affidavit
- Simultaneously with Efiling and Service
Adjournments
- Stipulated requests to continue trial dates require the parties’ consent in writing or on the record and must be supported by good cause.
- Non-stipulated requests for continuance must be made by motion, heard by the court, and supported by good cause.
- All requests for continuance require court approval.
- +2 more
Request must include
- A request to extend a trial reunification must be filed no later than 10 days before it expires.
Communication
Clerk
Page & Word Limits3 rules
210.01.3 No filings shall exceed 15 pages in length. A "filing" means the fax cover sheet and all subsequent pages thereafter.
- Fax filing
- Up to 15 pages
No filings shall exceed fifteen (15) pages in length. A “filing” means the fax cover sheet and all subsequent pages thereafter.
- Fax filing
- Up to 15 pages
211.01.4 Facsimile transmissions to the judiciary shall not exceed six (6) pages, including the fax cover sheet unless the individual judge permits otherwise.
- Fax transmission
- Up to 6 pages
Document Format Requirements13 rules
Parties shall use the Supreme Court forms and Eau Claire County forms specified by these rules, or, where permitted, a substantial equivalent.
209.03.3 Any document submitted for Court Official signature shall leave a three-inch margin at the top of the first page. All subsequent pages shall leave a minimum half-inch top margin at the top of each page.
209.03.1 Be printed on 8 ½ x 11 inch paper;
- Paper size
- Letter
209.03.3 Be double-spaced;
- Line spacing
- Double
209.03.2 All documents shall leave a minimum half-inch top margin at the top of each page. This header space is to ensure that the auto-stamp does not interfere with the content of the document when it is e-filed/scanned into the record.
- Margins
- Top 0.5 inches
Standard statewide forms are required for filing.
Only original wills will be accepted for filing with the court.
Objections for admission of the will or appointment of the personal representative shall be in writing accompanied by the statutory filing fee.
An objection to a claim must be in writing
Requests for jury trials shall be filed in writing along with payment of the jury fee with the Office of the Clerk of Court no later than ten (10) calendar days after the settlement conference.
209.03.4 When referring to published decisions of Wisconsin appellate courts, include the Callaghan reporter citation (Wis. 2d);
One copy must not be stapled or bound, except with an easily removable method such as a paper clip or binder clip.
Court's wording
One copy shall not be stapled or otherwise bound, except by an easily removable method, such as a paper clip or a binder clip, in order to facilitate scanning into the CCAP Case Management application.
Exhibits shall only by filed prior to any court hearing or trial with the approval of the Court, although they may be pre-marked upon approval of the Court.
Document Filing Requirements57 rules
Any party seeking a de novo review of a decision of the court commissioner shall file a written request for such review within the time period allowed by the applicable Wisconsin Statute.
Exhibits shall only by filed prior to any court hearing or trial with the approval of the Court, although they may be pre-marked upon approval of the Court.
209.03.2 State the case number and names of the principal parties to the case;
Include
- •Case number
209.03.7 Self-represented litigants shall produce the original and copies of documents for filing.
209.03.5 If signed by an attorney, state the attorney’s State Bar Identification Number;
209.03.8 Unless otherwise permitted by state statute or court order, include a certification signed by the party or an attorney for the party filing the document stating that a copy of the document has been served on all parties to the action, in accordance with applicable law, identifying the name and address of each party served and stating the date and method of service; and
402.01 All motions must state the grounds "with particularity." §971.30, Wis. Stats. Failure to comply with this requirement shall be grounds for dismissal of the motion.
If mediation is unsuccessful, the mediator shall provide the court with a brief statement indicating the mediation was unsuccessful and providing any information the mediator deems appropriate and necessary.
501.06 If the mediation is successful, the mediator shall assist in preparation of a Mediation Agreement, which shall be reviewed, approved and filed by the parties, counsel and the court as directed in §767.11(12), Wis. Stats.
Specific findings in a written order, or on the record, about the financial indigency of both parties, must be made before a waiver of custody/physical placement study fees can be effectuated and the county is ordered to pay any fees for a custody evaluation.
If the County pays any custody-study expense for an indigent party, the final court order must require reimbursement to the County and establish a payment plan.
Court's wording
If a party or parties are determined to be indigent and the County makes any payment on behalf of a party for a custody study, the final court order shall contain a provision setting forth the requirement for the parties to reimburse the County for that expense, and to establish a payment plan.
A Divorce/Annulment Worksheet shall be filed with a summons and petition.
A certificate of attendance at said program shall be filed by the parties with the Clerk of Court Office upon completion of the program.
Guardian at litem and advocate counsel in Juvenile Court must have on file with the Register in Probate/Clerk of Juvenile Court documentation of compliance with Supreme Court Rule 35.01.
A petition to waive fees, affidavit of indigency and order shall be completed by the party seeking to waive fees due to financial inability to pay.
The guardian ad litem shall utilize applicable statewide forms in making recommendations to the court.
As a requirement of state mandated form JD 1799, a Statement of Guardian ad Litem must be filed.
Bills shall be filed in the Register in Probate/Clerk of Juvenile Court office.
If excused from a juvenile court appearance, the guardian ad litem must file recommendations by written correspondence.
Court's wording
From the date of appointment until the date of discharge, the guardian ad litem and advocate counsel shall attend all juvenile court appearances on behalf of the minor child unless excused by the court, in which case the guardian ad litem shall make his or her recommendations by written correspondence filed with the court.
A designated representative of the Department of Health and Human Services shall prepare a court report in accordance with the mandates of §§48.33 and 938.33, Wis. Stats.
An original permanency plan must be filed for each case.
If a consent decree is requested, a court report shall be filed by the Department.
An agency home study is to be submitted prior to the hearing before the court.
Notice of the date of the return and current address of the placement shall be submitted to the court.
A petition other than one filed on behalf of Eau Claire County or the State of Wisconsin will not be heard by the court unless a stepparent adoption or agency adoption petition accompanies the petition.
All documents which are necessary for the hearing must be filed in the Register in Probate/Clerk of Juvenile Court office no later than forty-eight (48) hours prior to the hearing.
All documents relating to probate court subject matter are to be filed in the Register in Probate/Clerk of Juvenile Court office.
Wills of a decedent which will not be subject to probate proceeding shall be filed and shall be accompanied by an affidavit.
If the decedent died intestate, an automatic surety bond will be required.
A surety bond is required for nonresidents granted ancillary letters.
Only Wisconsin residents may be appointed as Personal Representatives of an estate, unless, at the discretion of the court, the nominated non-resident is required to have a resident agent and post a bond with the Probate Court in an amount determined by the Court.
An attorney who intends to withdraw as counsel of record shall file a written motion to the court.
Proof of heirship must be filed with all opening papers for summary settlement, summary assignment and special administration petitions.
An attorney who represents an interested party shall file a notice of retainer with the Register in Probate.
Signed receipts from heirs or beneficiaries ... must be filed with the court.
a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate.
documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the court.
A proposed order shall also be submitted.
Must include
- •Proposed order
A statement of attorney fees shall be filed when the estate account is not filed in the probate office.
A Wisconsin closing certificate for fiduciaries shall be filed
807.01.2 A Petition to extend temporary guardianship and order on petition to extend temporary guardianship shall be filed if an extension of the temporary guardianship is requested.
Unless previously ordered by the court, the guardian must sign and date a guardian’s fee and payment contract for reimbursement of expenses and/or guardian fees.
A comprehensive evaluation must be completed and filed with the court on all protective placement petitions.
the guardian ad litem shall file a report with the court prior to the hearing.
Upon filing of proof of the ward reaching the age of eighteen (18) and the final account and receipt signed by the ward, the court will issue an order of discharge of the guardian of the estate.
Upon notification to the Register in Probate/Clerk of Juvenile Court office that the ward died and filing of: the final account as approved by the court; a proper receipt from the person/entity receiving the remaining assets in the ward’s estate; and a notice of filing of final account, the court will issue an order of discharge of the guardian of the estate.
209.03.6 The original document shall be maintained by the filing party and produced upon request of the Court.
An attorney seeking inclusion on the court’s guardian ad litem list may submit a written request with training verification or an experience resume and must indicate whether they will accept appointments at the SCR 81.02 hourly rate.
Court's wording
502.03 The Court will maintain a list of attorneys who are willing and qualified to accept a guardian ad litem appointment from the Court. Any attorney who wishes to be included on this list may submit a written request with verification of attendance at approved Guardian ad Litem training seminars or a resume of guardian ad litem experience. In addition, the attorney must indicate whether they will or will not accept appointments at the hourly rate established by SCR 81.02. ($100.00 per hour at this time).
The court must consider appointing a guardian ad litem under the statutory conditions and strongly consider appointment when custody or placement is disputed; if none is appointed in that circumstance, the court must state its rationale on the record or in writing.
Court's wording
502.02 The court shall consider appointment of a guardian ad litem in any action affecting the family under the conditions set forth in §767.045, Wis. Stats. The court shall strongly consider appointment of a guardian ad litem if legal custody and/or periods of physical placement are in dispute between the parties and shall state on the record or provide in writing its rationale if no guardian ad litem is appointed under those circumstances.
If the parties are desirous of having a guardian ad litem who has not agreed to be paid at the county hourly rate, they may do so by stipulation and approval of the Court.
If a party fails to file a financial declaration within the time required by statute, that party may be prohibited from introducing any evidence regarding finances at the time of trial.
This form will be used at dispositional hearings, change of placement hearings, revision, sanction and permanency plan review hearings.
Permanency plans are only required for out of home placements.
Any supporting documents should be filed with the petition.
Filing & Service rules
Electronic Filing Rules
Attorneys and high-volume filers must follow the court's eFiling rules.
Attorneys and high-volume filers shall follow the eFiling rules found at: https://www.wicourts.gov/ecourts/efilecircuit/index.jsp
Page 10 | 209 FORMAT OF DOCUMENTS ACCEPTABLE FOR FILING
E-filers must not submit filings by facsimile.
210.01.1 e-Filers shall not submit any filings via facsimile.
Page 11 | 210.01
Briefs and memoranda of law will not be accepted for filing by facsimile.
210.01.4 Notwithstanding the preceding paragraphs, no briefs or memoranda of law will be accepted by facsimile for filing.
Page 12 | 210.01
Self-represented litigants may fax pleadings and other papers to the stated number only under the cited procedures; noncompliant transmissions will not be filed.
Self-represented litigants may file pleadings and other papers with the Register in Probate/Clerk of Juvenile Court via facsimile to 715-839-1635 only in accordance with the procedures established in §801.16(2), Wis. Stats. Transmissions that do not comply with this rule will not be filed.
Page 25 | 803.02 Facsimile Transmission of Documents to the Court
E-Filers may not submit filings by facsimile.
e-Filers shall not submit any filings via facsimile.
Page 25 | 803.02 Facsimile Transmission of Documents to the Court
Documents may not be filed by e-mail.
Documents filed by e-mail are not acceptable.
Page 25 | 803 FILING OF DOCUMENTS
Self-represented litigants may fax pleadings and other papers to the Clerk of Circuit Court at 715-839-4817 only by following the procedures in §801.16(2), Wisconsin Statutes.
210.01.2 Self-represented litigants may file pleadings and other papers with the Clerk of Circuit Court via facsimile to 715-839-4817 only in accordance with the procedures established in §801.16(2), Wis. Stats.
Page 11 | 210.01
A deviation from the fax-filing rule requires the assigned judge's express consent and good cause, and the faxing party must demonstrate that consent to the Clerk.
210.01.5 In accordance with §801.16(2)(c), Wis. Stats. any deviation from this local rule will only be permitted upon receipt of express consent of the judge assigned to the case and only upon good cause shown. It is incumbent on the faxing party to demonstrate to the Clerk that a judge has granted express consent.
Page 12 | 210.01
Mail, hand delivery, fax or electronic filings are acceptable methods for filing documents.
Mail, hand delivery, fax or electronic filings are acceptable methods for filing documents.
Page 25 | 803 FILING OF DOCUMENTS
Filing Timing and Cure Windows
Written notice of a motion to close a judicial proceeding is due at least 72 hours before the hearing, unless good cause or a statutory requirement provides otherwise.
Unless good cause be shown, or otherwise required by statute, a party moving that any judicial proceeding be closed to the public must notify the court and the media coordinator in writing at least 72 hours before the time set to hear the motion.
Page 4 | 202.01 Media Coverage
A written request for de novo review must be filed within the time period set by the applicable Wisconsin statute.
Any party seeking a de novo review of a decision of the court commissioner shall file a written request for such review within the time period allowed by the applicable Wisconsin Statute.
Page 7 | 206.02.2 Cases Other Than Small Claims Actions
Exhibits may be filed only before a court hearing or trial and only with court approval.
Exhibits shall only by filed prior to any court hearing or trial with the approval of the Court, although they may be pre-marked upon approval of the Court.
Page 10 | 209.01
Juvenile Court documents must be filed with the Register in Probate/Clerk of Juvenile Court office before the hearing.
All documents relating to Juvenile Court subject matter are to be filed in the Register in Probate/Clerk of Juvenile Court office. Documents required shall be filed prior to the hearing.
Page 19 | 702 FILING OF DOCUMENTS
The guardian ad litem and/or advocate counsel must submit interim bills at least quarterly.
The guardian ad litem and/or advocate counsel must submit interim bills at least quarterly.
Page 21 | 706 GUARDIAN AD LITEM/ADVOCATE COUNSEL
The written or emailed request for a telephone or video appearance must be submitted at least 72 hours before the hearing.
Telephone or video conference appearances must be requested in writing or through email and submitted to the Register in Probate/Clerk of Juvenile Court office no less than 72 hours in advance of the hearing.
Page 21 | 708 TELEPHONE/VIDEO CONFERENCE APPEARANCE
Final bills must be submitted within 30 days of discharge.
Final bills must be submitted within thirty (30) days of discharge.
Page 21 | 706 GUARDIAN AD LITEM/ADVOCATE COUNSEL
The Department must file dispositional reports with the Register in Probate/Clerk of Juvenile Court office at least three days before the scheduled hearing.
Dispositional reports prepared by the Department will be filed with the Register in Probate/Clerk of Juvenile Court office at least three (3) days prior to the scheduled dispositional hearing.
Page 22 | 711 DISPOSITION
A permanency plan must be filed with the court at least five days before the permanency hearing.
The permanency plan shall be filed with the court not less than five (5) days before the permanency hearing.
Page 22 | 712 PERMANENCY PLANS
Paperwork for a temporary physical custody/72-hour hold hearing must be filed as soon as possible for the hearing.
Paperwork for this hearing shall be filed as soon as possible for the hearing.
Page 22 | 710 TEMPORARY PHYSICAL CUSTODY/72 HOUR HOLD
A permanency plan must be completed and filed within 60 days after the child is first removed from the home.
Permanency plans must be completed and filed within 60 days after the date the child is first removed from the home.
Page 22 | 712 PERMANENCY PLANS
If the child is placed in a new out-of-home placement, a change-of-placement request must be made within 3 days after the child is removed from the trial reunification home.
If the child is placed in a new out-of-home placement: A request for change in placement shall be made within three (3) days after removing the child from the trial reunification home.
Page 23 | 713 TRIAL REUNIFICATION
If the child is returned to the previous out-of-home placement, a request to revoke the trial reunification must be submitted within 3 days after removal from the trial reunification home.
If the child is placed back in the previous out-of-home placement: A request for revocation of the trial reunification must be submitted to the court within three (3) days after removing the child from the trial reunification home.
Page 23 | 713 TRIAL REUNIFICATION
The agency home study must be submitted before the hearing.
An agency home study is to be submitted prior to the hearing before the court.
Page 23 | 714 TERMINATION OF PARENTAL RIGHTS (TPR)
Necessary hearing documents must be filed at the specified office at least 48 hours before the hearing; if required documents are missing, the court may remove the matter from the calendar without further notice.
All documents which are necessary for the hearing must be filed in the Register in Probate/Clerk of Juvenile Court office no later than forty-eight (48) hours prior to the hearing. If required documents are missing, the court reserves the right to remove the matter from the calendar without further notice.
Page 24 | 715 ADOPTIONS
Required documents must be filed before the hearing.
Documents required shall be filed prior to the hearing.
Page 25 | 803 FILING OF DOCUMENTS
Estate actions must be disposed of within twelve months after the petition or application to open the estate is filed.
Estate actions shall be disposed of within twelve (12) months from the date of the filing of the petition or application to open estate.
Page 27 | 805.13 Tenth Judicial District Timelines to Close Estates
The general inventory is due no later than four months after the personal representative is appointed.
The general inventory is due no later than four (4) months after the appointment of the personal representative.
Page 27 | 805.09 Inventory
The conservatorship inventory must be filed within 30 days after the conservator is appointed.
The conservatorship inventory shall be filed within thirty (30) days of the appointment of a conservator.
Page 28 | 807.03 Conservatorships
The guardianship inventory and appropriate filing fee must be filed within 30 days after appointment of a guardian of the estate.
The guardianship inventory and appropriate filing fee shall be filed within 30 days of the appointment of a guardian of the estate.
Page 28 | 807.02 Guardianships
If a case has been pending for 180 days or longer, the guardian ad litem must submit interim bills at least quarterly.
If the case is pending 180 days or longer, the guardian ad litem shall submit interim bills on at least a quarterly basis.
Page 28 | 807.02 Guardianships
The guardian ad litem must submit a billing invoice within 30 days of discharge.
The guardian ad litem shall submit their billing invoice within 30 days of discharge.
Page 28 | 807.02 Guardianships
A guardian ad litem must submit the billing invoice within 30 days of discharge.
The guardian ad litem must submit their billing invoice within thirty (30) days of discharge.
Page 29 | Part 8: Probate Practice, 807.05
A demand for trial de novo must be made and received within 10 days of an oral decision to prevent entry of the commissioner’s judgment.
§799.207(2), Wis. Stats., requires that a demand for trial de novo must be made and received by the court within ten (10) days from the date of an oral decision or fifteen (15) days from the date of mailing of a written decision to prevent the entry of the court commissioner’s judgment.
Page 30 | Part 9: Small Claims Practice, 904
Individuals issued OWI or BAC citations must appear at the initial appearance unless a Not Guilty plea letter has been received before that date.
Individuals issued OWI or BAC citations must appear at the initial appearance for Traffic Court unless a Not Guilty plea letter has been received prior to the initial appearance date.
Page 30 | Part 10: Traffic/Forfeiture Practice, 1001.01.1
A jury-trial request is due no later than ten calendar days after the settlement conference.
Requests for jury trials shall be filed in writing along with payment of the jury fee with the Office of the Clerk of Court no later than ten (10) calendar days after the settlement conference.
Page 31 | 1003 REQUESTS FOR JURY TRIALS
Weekends and holidays are excluded when calculating the ten-day period to request a refusal hearing on revocation.
In calculating the ten (10)-day time period in which to request a refusal hearing on revocation under §343.305(9)(a)4, Wis. Stats., weekends and holidays shall be excluded from the calculation, consistent with §801.15(1), Wis. Stats.
Page 31 | 1006 REFUSAL HEARINGS
Judges and Court Commissioners must hold proposed orders for at least five days after receipt and may sign them as submitted if no other party objects.
213.01 Judges and Court Commissioners shall hold proposed orders for a minimum of five (5) days upon receipt. If no objection is received by any other party, they may sign the orders as submitted.
Page 12 | 213.01
Civil cases are to be reviewed for service and answer 105 days after filing.
All civil cases shall be reviewed for service and answer 105 days after filing.
Page 13 | 301 INITIAL COURT REVIEW
A petition for protective placement may be filed with the guardianship petition or at any time afterward.
A petition for protective placement may be filed with or anytime after the guardianship petition is filed.
Page 28 | 807.04 Protective Placements
Individuals receiving other traffic or ordinance citations may submit a written not guilty plea to the Clerk of Court before the initial appearance date.
All other individuals receiving traffic or ordinance citations may enter a not guilty plea in writing with the Clerk of Court office prior to the initial appearance date.
Page 30 | Part 10: Traffic/Forfeiture Practice, 1001.01.2
Service and Proof of Service Rules
A copy of the document must be served on all parties in accordance with applicable law, subject to any permission otherwise provided by statute or court order.
209.03.8 Unless otherwise permitted by state statute or court order, include a certification signed by the party or an attorney for the party filing the document stating that a copy of the document has been served on all parties to the action, in accordance with applicable law, identifying the name and address of each party served and stating the date and method of service; and
Page 11 | 209.03
Written motions, supporting papers, and notice must be served at least five days before the hearing unless a statute or court order sets a different period; time is computed under §801.15.
402.03 A written motion, any supporting papers, and notice shall be served no later than five (5) days before the date for the hearing, unless a different period is fixed by statute or by order of the Court. Time shall be computed as set forth in §801.15, Wis. Stats.
Page 15 | 402 MOTIONS OUTSIDE OF INTAKE COURT
A party submitting material for filing must give copies to all parties.
Any party may submit material for filing to the Register in Probate/Clerk of Juvenile Court office, with copies given to all the parties.
Page 22 | 711 DISPOSITION
Proof of service must be presented before or at the hearing.
Proof of service shall be presented prior to or at the hearing.
Page 24 | 717 JUVENILE INJUNCTIONS
The objector or attorney must send notice of the objection to all interested parties.
The objector or attorney shall send notice of the objection to all interested parties.
Page 26 | 805 ESTATES — Wills
The personal representative or estate attorney must send notice of a claim objection to all interested parties.
The personal representative or attorney for the estate shall send notice of the objection to all interested parties.
Page 27 | 805.08 Objections to Claims
A summons in a replevin action must be served by Certified Mail or personal service.
The service of the summons in replevin actions must be via Certified Mail or personal service.
Page 29 | Part 9: Small Claims Practice, 901 SERVICE
When a party emails the court, a copy of the message must be sent to all parties simultaneously with its delivery to the court.
211.02.1 Parties may not communicate with the court by electronic mail unless specifically invited by the court, on such terms as the court prescribes, and then only if all parties receive a copy of the message simultaneously with delivery of the message to the court.
Page 12 | 211.02
A judgment will be vacated if a summons and complaint served by mail are returned to the Clerk of Courts after the court date as undeliverable.
Summons and Complaints served by mail that are returned to the Clerk of Courts office after the court date as not deliverable by the U.S. Postal Service will result in a judgment being vacated.
Page 29 | Part 9: Small Claims Practice, 901 SERVICE
The court will send a notice of hearing to interested parties.
A notice of hearing will be sent to the interested parties from the court.
Page 27 | 805.08 Objections to Claims
A summons may be served by mail, except in eviction actions.
The service of the summons, except in eviction actions, may be by mail.
Page 29 | Part 9: Small Claims Practice, 901 SERVICE
Filing Fees and Waivers
Court-file copies may be faxed only after appropriate costs are received, and fax may not be used to avoid statutory copy fees.
Copies of documents from court files will not be transmitted by facsimile without the appropriate costs being received in advance. The facsimile machine is not to be utilized in an effort to avoid payment of statutory copy fees.
Page 25 | 803.02 Facsimile Transmission of Documents to the Court
An objection to admitting a will or appointing a personal representative must include the statutory filing fee.
Objections for admission of the will or appointment of the personal representative shall be in writing accompanied by the statutory filing fee.
Page 26 | 805 ESTATES — Wills
A statutory filing fee must accompany the general inventory.
A statutory filing fee shall accompany the inventory.
Page 27 | 805.09 Inventory
An appropriate filing fee must be filed with the guardianship inventory.
The guardianship inventory and appropriate filing fee shall be filed within 30 days of the appointment of a guardian of the estate.
Page 28 | 807.02 Guardianships
A jury-trial request must be accompanied by payment of the jury fee.
Requests for jury trials shall be filed in writing along with payment of the jury fee with the Office of the Clerk of Court no later than ten (10) calendar days after the settlement conference.
Page 31 | 1003 REQUESTS FOR JURY TRIALS
Fees may be waived only with approval from the assigned judge.
Fees can be waived only if approved by the assigned judge.
Page 21 | 707 AFFIDAVIT OF INDIGENCY
Courtesy Copy Requirements
Parties must provide the assigned judge with marked courtesy copies of briefs and affidavits on substantive motions only upon direct request, simultaneously with e-filing and service, and by mail or fax as directed.
212.01 Only upon direct request shall parties provide the assigned judge with courtesy copies of briefs and affidavits on substantive motions simultaneously with eFiling and service on parties. Such copies shall be marked “Courtesy Copy” and mailed or faxed as directed.
Page 12 | 212.01
Sealing & Redaction Procedures
Original custody, home-study, and psychiatric reports must be filed and sealed; copies are released to attorneys, may be shared with clients only for supervised review, and unrepresented parties may arrange supervised review with TRY Mediation, Inc.
The original custody evaluation, home study and/or psychiatric reports shall be filed with the Court and sealed within the court file. Copies of the reports shall be released to attorneys. Copies of the reports shall not be distributed directly to the parties but attorneys may share the reports by allowing their clients to read the reports in the attorney's office or some other supervised place of their designation. If the parties do not have counsel, they may make arrangements to review the reports under supervision with TRY Mediation, Inc.
Page 18 | 504 CUSTODY/PLACEMENT STUDIES
Court reports may not be released to a child, parent, the media, or others except as provided by law, but counsel may share and discuss their contents with clients.
No Court Report shall be released to a child, parent, the media, or others, except as provided by law. However, contents of the report may be shared and discussed between counsel and client(s).
Page 22 | 711 DISPOSITION
Access to civil commitment files is limited to the person involved, their attorney, County Corporation Counsel, and others approved by the court or permitted by statute.
Access to civil commitment files is limited to the person involved, his or her attorney, County Corporation Counsel and such other persons as approved by the court or permitted by statute.
Page 24 | 716 JUVENILE CIVIL COMMITMENTS
Adoption proceeding records and papers are confidential and may be disclosed only by court order or as permitted by Wisconsin law.
All records and papers pertaining to an adoption proceeding are confidential files and may not be disclosed except by order of the court, except as permitted under Wisconsin law.
Page 24 | 715 ADOPTIONS
Filing Bundling Requirements
Pleadings and papers may not be split across filings or fax transmissions to evade the 15-page limit.
Pleadings and other papers shall not be separated into multiple filings or facsimile transmissions in an effort to avoid the 15-page limit.
Page 25 | 803.02 Facsimile Transmission of Documents to the Court
Pre-Motion Conference Requirements
A party must secure a hearing date before filing a motion; failing to do so waives the motion.
402.02 A party filing a motion shall be responsible for securing a hearing date prior to the filing of the motion. Failure to secure a date shall constitute waiver of the motion.
Page 15 | 402 MOTIONS OUTSIDE OF INTAKE COURT
After receiving a mediation order, a party must complete mediation and parent education before pursuing other court action, except for support or contempt matters.
Once a party has received an order for mediation, they must complete mediation and parent education classes before they may pursue other action before the Court other than for support or contempt.
Page 15 | 501 MEDIATION
In family actions where legal custody or physical placement is contested, the parties and any other persons ordered by the court must attend at least one mediation session and parent education classes.
501.01 In any action affecting the family in which it appears legal custody or physical placement are contested (including, but not limited to, divorce, post-divorce, paternity and child support actions) the parties, and other interested persons as ordered by the court, shall attend at least one session of mediation with a mediator and parent education classes. See §767.11(8), Wis. Stats.
Page 15 | 501 MEDIATION
Mediation may not be deferred.
501.05 There shall be no deferrals of mediation.
Page 16 | 501 MEDIATION
Mediation must take place with Try Mediation, Inc. unless the parties agree to a private mediator and satisfy the statutory filing and notice requirements.
501.03 Mediation shall take place with a representative of Try Mediation, Inc., the Circuit Court's designated provider of mediation, unless the parties agree to the use of a private mediator and meet the filing/notice requirements as outlined in §767.11(7), Wis. Stats.
Page 16 | 501 MEDIATION
Mediation that occurred before the current filing does not satisfy the current mediation requirement.
Prior mediation shall not satisfy the mediation requirement if the mediation took place before the current filing before the court.
Page 16 | 501 MEDIATION
Mediation may be waived only under the circumstances in §767.11(8)(b), and only by a Circuit Court judge on the record after considering the specified factors.
501.04 Mediation may not be waived under any circumstances other than those set forth in §767.11(8)(b), Wis. Stats. Waivers of mediation may only be made by a Circuit Court Judge on the record, specifically considering the factors enumerated §767.11(8)(b), Wis. Stats.
Page 16 | 501 MEDIATION
Motions must be scheduled only after a misdemeanor plea or a felony arraignment, regardless of when they were filed.
Motions Regardless when filed are to be scheduled only after a plea in a misdemeanor and arraignment in a felony
Page 34 | Post Plea Motions & Hearings
A party or other authorized person may request mediation, and the family court or judge may refer parties or others without a motion; referrals must be made at the earliest available date.
501.02 Requests for mediation may be made by any party, or others pursuant to §767.11(5)(c), Wis. Stats., or upon referral from the Court without motion, and the parties and/or others shall be referred to mediation by the family court or judge at the earliest date available. See §767.11(5), Wis. Stats.
Page 15 | 501 MEDIATION
Adjournment & Extension Requirements
A request to extend a trial reunification must be filed no later than 10 days before it expires.
A request for an extension of the trial reunification shall be filed with the court no later than ten (10) days prior to the expiration of the trial reunification.
Page 23 | 713 TRIAL REUNIFICATION
If an estate cannot be closed within the required time, an extension request must be filed with the court and state the reasons for the request.
When an estate cannot be closed within the required time limits, a petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court.
Page 27 | 805.14 Extensions of Time to Close Estates
Stipulated requests to continue trial dates require the parties’ consent in writing or on the record and must be supported by good cause.
204.01 Stipulated requests for continuance of trial dates require the consent of the parties in writing or on the record and must be for good cause.
Page 6 | 204 CONTINUANCES
All requests for continuance require court approval.
204.03 All requests for continuance are subject to approval of the Court.
Page 6 | 204 CONTINUANCES
Non-stipulated requests for continuance must be made by motion, heard by the court, and supported by good cause.
204.02 Non-stipulated requests for continuance must be on motion and hearing and for good cause.
Page 6 | 204 CONTINUANCES
Those seeking to adjourn the first Return Appearance are encouraged to reschedule with the District Attorney’s Office before the initial Return Appearance.
Those requesting an adjournment of the first Return Appearance are encouraged to reschedule with the District Attorney’s Office prior to the initial Return Appearance.
Page 14 | 401.04 Return Appearance
Chambers Communication Rules
Unless good cause be shown, or otherwise required by statute, a party moving that any judicial proceeding be closed to the public must notify the court and the media coordinator in writing at least 72 hours before the time set to hear the motion.
Unless good cause be shown, or otherwise required by statute, a party moving that any judicial proceeding be closed to the public must notify the court and the media coordinator in writing at least 72 hours before the time set to hear the motion.
Page 4 | 202.01 Media Coverage
A telephone or video appearance must be requested in writing or by email and submitted to the Register in Probate/Clerk of Juvenile Court office at least 72 hours before the hearing.
Telephone or video conference appearances must be requested in writing or through email and submitted to the Register in Probate/Clerk of Juvenile Court office no less than 72 hours in advance of the hearing.
Page 21 | 708 TELEPHONE/VIDEO CONFERENCE APPEARANCE
The office must be informed by email when a temporary physical custody/72-hour hold hearing is requested.
An email to the Register in Probate/Clerk of Juvenile Court is required informing the office a temporary physical custody/72 hour hold hearing is requested.
Page 22 | 710 TEMPORARY PHYSICAL CUSTODY/72 HOUR HOLD
Contact the Court Official’s judicial assistant to request a hearing for a garnishment or replevin.
The Court Official’s judicial assistant shall be contacted to request a court hearing for garnishments and replevins.
Page 30 | Part 9: Small Claims Practice, 903.03
Parties may email the court only when specifically invited and on the court's terms; all parties must receive a copy simultaneously with delivery to the court.
211.02.1 Parties may not communicate with the court by electronic mail unless specifically invited by the court, on such terms as the court prescribes, and then only if all parties receive a copy of the message simultaneously with delivery of the message to the court.
Page 12 | 211.02
A facsimile transmission to a judge or court commissioner is allowed only with express permission.
211.01.1 Facsimile transmissions to the judiciary shall be by express permission only.
Page 12 | 211.01
The judiciary will not accept or forward filings intended for the Clerk of Circuit Court.
211.01.3 The judiciary will not accept or forward to the Clerk's office, any filings intended for the Clerk of Circuit Court.
Page 12 | 211.01
A deviation from the judiciary fax rules requires the judge's express consent and good cause.
211.01.5 Any deviation from this rule will only be permitted upon receipt of express consent of the judge and only upon good cause shown.
Page 12 | 211.01
A fax to the judiciary must be sent to the particular judicial official's fax number, not to the Clerk of Circuit Court.
211.01.2 Fax transmissions to the judiciary shall be directed to the particular judicial official's fax number. The Clerk of Circuit Court will not accept faxes directed to the judiciary.
Page 12 | 211.01
A guardian ad litem may be appointed by stipulation or after a motion hearing, but not on a party’s ex parte application unless cause is shown.
502.01 A guardian ad litem may be appointed by stipulation or following a motion hearing. No guardian ad litem shall be appointed upon ex parte application of a party, unless cause is shown.
Page 16 | 502 GUARDIAN AD LITEM
Attorneys may appear by telephone, but must schedule the appearance through the Register in Probate.
Attorneys may appear telephonically but must schedule through the Register in Probate.
Page 25 | 804 SCHEDULING
For a related circuit-court case, notify the Register in Probate so the same judge may be assigned to both matters.
For any related case in the circuit court, notify the Register in Probate so the same judge may be assigned to both matters.
Page 26 | 804 SCHEDULING
When in doubt about the procedure, ask the Intake Judge.
When in doubt, ask the Intake Judge
Page 34 | Post Plea Motions & Hearings