Eau Claire County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Exhibits

Court approval is required before exhibits are filed.

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.

CRITICAL

Applies to

Probate document

Probate-related documents must be filed in the Register in Probate/Clerk of Juvenile Court office.

All documents relating to probate court subject matter are to be filed in the Register in Probate/Clerk of Juvenile Court office.

CRITICAL

Applies to

Guardian ad litem and advocate counsel documentation

Guardian ad litem and advocate counsel must keep documentation of compliance with Supreme Court Rule 35.01 on file with the Register in Probate/Clerk of Juvenile Court.

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.

CRITICAL

Applies to

Agency home study

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

An agency home study is to be submitted prior to the hearing before the court.

CRITICAL

Applies to

De novo review request

A party seeking de novo review must file a written request within the period allowed 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.

CRITICAL

Applies to

Signed receipts

Signed receipts from heirs or beneficiaries must be filed with the court.

Signed receipts from heirs or beneficiaries ... must be filed with the court.

CRITICAL

Applies to

Federal estate tax closing letter

A federal estate tax closing letter must be filed before closing an estate if the estate met the standard to file a federal estate tax return.

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.

CRITICAL

Before custody-study fees may be waived and the County ordered to pay, specific findings about both parties’ financial indigency must be made in a written order or on the record.

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.

CRITICAL

Applies to

Guardian of estate discharge

Discharge of a guardian of a minor’s estate requires filing proof that the ward reached age 18 and a final account and receipt signed by the ward.

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.

CRITICAL

Applies to

Will

A decedent’s will that will not be subject to probate must be filed with an accompanying affidavit.

Wills of a decedent which will not be subject to probate proceeding shall be filed and shall be accompanied by an affidavit.

CRITICAL

Applies to

Personal representative appointment

A surety bond is required when the decedent died intestate.

If the decedent died intestate, an automatic surety bond will be required.

CRITICAL

Applies to

Ancillary proceeding

A nonresident granted ancillary letters must provide a surety bond.

A surety bond is required for nonresidents granted ancillary letters.

CRITICAL

Applies to

Document

Must include

case number

Documents submitted for filing must state the case number and the names of the principal parties.

209.03.2 State the case number and names of the principal parties to the case;

CRITICAL

Applies to

Fee notification documentation

Documentation that residual beneficiaries or heirs were advised of the personal representative and attorney fee amounts must be filed with the court.

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.

CRITICAL

Applies to

Document

Self-represented litigants must produce the original and copies of documents they submit for filing.

209.03.7 Self-represented litigants shall produce the original and copies of documents for filing.

CRITICAL

Applies to

Personal representative appointment

A personal representative generally must be a Wisconsin resident, but the court may allow a nonresident nominee subject to a resident-agent and bond requirement.

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.

CRITICAL

Applies to

Guardian of estate discharge

Discharge of a guardian of a deceased ward’s estate requires notification of the ward’s death and filing of the court-approved final account, a proper receipt for the remaining assets, and notice of filing of the final account.

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.

CRITICAL

Applies to

Estate closing extension request

Must include

proposed order

A proposed order must also be submitted with an estate-closing extension request.

A proposed order shall also be submitted.

CRITICAL

Applies to

Fee waiver request

A party seeking a fee waiver due to financial inability to pay must complete a fee-waiver petition, affidavit of indigency, and order.

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.

CRITICAL

Applies to

Notice

The court must receive notice of the child's return date and the current address of the placement.

Notice of the date of the return and current address of the placement shall be submitted to the court.

CRITICAL

Applies to

Final court order

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.

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.

CRITICAL

Applies to

Mediator statement

If mediation is unsuccessful, the mediator must provide the court a brief statement reporting that result and any information the mediator deems appropriate and necessary.

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.

CRITICAL

Applies to

Court report

A designated Department of Health and Human Services representative must prepare a court report in accordance with §§48.33 and 938.33, Wis. Stats.

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.

CRITICAL

Applies to

Temporary guardianship extension request

If an extension of a temporary guardianship is requested, both a petition to extend and an order on the petition to extend must 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.

CRITICAL

Applies to

Mediation agreement

If mediation succeeds, the mediator must assist in preparing a Mediation Agreement, which the parties, counsel, and court must review, approve, and file as directed by statute.

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.

CRITICAL

Applies to

Attorney fee statement

A statement of attorney fees must be filed if the estate account is not filed in the probate office.

A statement of attorney fees shall be filed when the estate account is not filed in the probate office.

CRITICAL

Applies to

Withdrawal motion

An attorney seeking to withdraw as counsel of record must file a written motion with the court.

An attorney who intends to withdraw as counsel of record shall file a written motion to the court.

CRITICAL

Applies to

Guardian ad litem recommendation

A guardian ad litem must use applicable statewide forms when making recommendations to the court.

The guardian ad litem shall utilize applicable statewide forms in making recommendations to the court.

CRITICAL

Applies to

Documents necessary for hearing

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 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.

CRITICAL

Applies to

Petition

A petition, except one filed on behalf of Eau Claire County or Wisconsin, will not be heard unless accompanied by a stepparent-adoption or agency-adoption petition.

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.

CRITICAL

Applies to

Permanency plan

An original permanency plan must be filed for each case.

An original permanency plan must be filed for each case.

CRITICAL

Applies to

Opening papers

All opening papers for summary settlement, summary assignment, and special administration petitions must include proof of heirship.

Proof of heirship must be filed with all opening papers for summary settlement, summary assignment and special administration petitions.

CRITICAL

Applies to

Divorce annulment worksheet

A Divorce/Annulment Worksheet must be filed with the summons and petition.

A Divorce/Annulment Worksheet shall be filed with a summons and petition.

CRITICAL

Applies to

Guardian fee and payment contract

Unless the court previously ordered otherwise, the guardian must sign and date a fee and payment contract for reimbursement of expenses or guardian fees.

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.

CRITICAL

Applies to

Document

A document signed by an attorney must state the attorney's State Bar Identification Number.

209.03.5 If signed by an attorney, state the attorney’s State Bar Identification Number;

CRITICAL

Applies to

Motion

A motion must state its grounds with particularity, and failure to do so is grounds for dismissal.

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.

CRITICAL

Applies to

Parenting program attendance certificate

The parties must file a certificate of attendance with the Clerk of Court upon completing the parenting program.

A certificate of attendance at said program shall be filed by the parties with the Clerk of Court Office upon completion of the program.

CRITICAL

Applies to

Document

Must include

certificate of service

Unless a statute or court order permits otherwise, a filing must include a certification signed by the party or counsel stating that all parties were served and identifying each recipient's name and address and the date and method of service.

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

CRITICAL

Applies to

Court report

If a consent decree is requested, the Department must file a court report.

If a consent decree is requested, a court report shall be filed by the Department.

CRITICAL

Applies to

Statement of guardian ad litem

A Statement of Guardian ad Litem must be filed as required by state-mandated form JD 1799.

As a requirement of state mandated form JD 1799, a Statement of Guardian ad Litem must be filed.

CRITICAL

Applies to

Guardian ad litem or advocate counsel bill

Bills must be filed in the Register in Probate/Clerk of Juvenile Court office.

Bills shall be filed in the Register in Probate/Clerk of Juvenile Court office.

CRITICAL

Applies to

Protective placement petition

A comprehensive evaluation must be completed and filed with the court for every protective placement petition.

A comprehensive evaluation must be completed and filed with the court on all protective placement petitions.

CRITICAL

Applies to

Wisconsin closing certificate for fiduciaries

A Wisconsin closing certificate for fiduciaries must be filed before an estate is closed.

A Wisconsin closing certificate for fiduciaries shall be filed

CRITICAL

Applies to

Notice of retainer

An attorney representing an interested party must file a notice of retainer with the Register in Probate.

An attorney who represents an interested party shall file a notice of retainer with the Register in Probate.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a report with the court before the hearing.

the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

Applies to

Guardian ad litem recommendation

If excused from a juvenile court appearance, the guardian ad litem must file recommendations by written correspondence.

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.

WARNING

Applies to

Financial declaration

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.

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.

WARNING

Applies to

Permanency plan

Permanency plans are required only for out-of-home placements.

Permanency plans are only required for out of home placements.

WARNING

Applies to

Statement of guardian ad litem

The Statement of Guardian ad Litem form is used at dispositional, change-of-placement, revision, sanction, and permanency-plan-review hearings.

This form will be used at dispositional hearings, change of placement hearings, revision, sanction and permanency plan review hearings.

WARNING

Applies to

Document

The filing party must retain the original document and produce it if the Court requests it.

209.03.6 The original document shall be maintained by the filing party and produced upon request of the Court.