Florence County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief, Memorandum, Supporting Affidavit
- 1 copy • Upon Filing
Adjournments
- An adjournment requested because a remote appearance is inadequate will be granted only upon a showing of good cause.
- A continuance may be granted on the court's own motion or at a party's request; an adjournment request must be made by written motion or orally in court if all parties stipulate, and is granted only upon good cause and a determination that justice will be served.
Request must include
Document Format Requirements2 rules
When no standard form exists, documents, pleadings, and attachments must be 8½ by 11 inches and comply with statutory or other court format requirements; original wills filed with the Register of Probate are exempt.
Court's wording
If the judicial conference has not created a standard court form for an action or pleading undertaken by a party, all documents and pleadings, together with any attachments, shall be 8 ½" by 11" in size and in a format consistent with any statutory or other court requirement. This provision does not apply to original wills filed with the Register of Probate.
Any additional material or attachments to the standard forms shall be 8 ½" by 11" in size.
Document Filing Requirements21 rules
2. Requests and Order to appear remotely by Zoom shall be submitted to the Court on approved CCAP forms; GF-306 and GF-307.
3. Any request to appear remotely must be made in writing and within a reasonable time prior to the event.
A request for de novo review must be in writing, filed with the Clerk of Court, and mailed to the opposing party.
Court's wording
i) De Novo Review: Any request for a De Novo review of the Court Commissioner's decisions must be in writing and filed with the Clerk of Court and mailed to the opposing party within 10 days of the Court Commissioner's oral decision or within 15 days from the date of mailing of the Court Commissioner's written decision.
Parties must use adopted standard court forms, but may supplement them with additional material.
Court's wording
In all actions and proceedings in circuit court, the parties shall use the standard court forms adopted by the judicial conference under §758.18 Wis. Stats. A party may supplement a standard court form with additional material.
The District Attorney shall have the Information filed or ready for filing at the time of the Preliminary Hearing.
A party seeking a default judgment against the adverse party due to failure to timely file an answer or other responsive pleading must file the appropriate motion pursuant to $806.02 Wis. Stats..
If the defendant is allowed to appear remotely, Defense Counsel must submit CCAP form CR-295 Waiver of Right to Personal Appearance.
Within a reasonable time prior to the pre-trial, the District Attorney shall provide the defendant with all information required by $971.23 WIs. Stats. and a written plea offer, if any.
A Petition for Appointment of Counsel must be filed with the court which addresses each of the above listed factors and is accompanied by a fully completed Circuit Court Form GF-152 or similar form that the court may make available in the future.
The final billing statement shall be provided to the defendant and must contain a notification that if the defendant objects to the bill, the defendant must file a written objection with the court within 10 days of mailing of the bill.
The court must be provided with verification that the defendant was provided with a copy of the final billing
Defense counsel must be prepared to provide relevant sentencing information, including the completed plea questionnaire and waiver, an attachment setting out offense elements, and verification of presentence incarceration credit.
Court's wording
The defense counsel shall be prepared to provide the court with all relevant information for the court to impose a proper sentence including but not limited to: a completed Plea Questionnaire and Waiver of Rights form; an Element Sheet, Jury Instruction or other attachment setting for the elements for the offenses the defendant will be entering please to; verification of the presentence incarceration to be credited.
At the Plea and Sentencing hearing, the State shall be prepared to provide the court with all relevant information necessary for the court to impose a proper sentence including but not limited to: the defendant's criminal history/record: the amount of restitution, if any; victim impact statements, if any: verification of any presentence incarceration to be credited.
Counsel appointed by the court for indigent defendants shall keep accurate and adequate time records to be able to properly submit an itemized statement to the court upon the termination of their services to the defendant.
In the event the attorney is appearing in court or providing services for more than one client at the same time, the travel expenses and time must be properly allocated among all such clients.
A contested final hearing will not be scheduled until both parties have filed a proposed Marital Settlement Agreement, Parenting Plan if relevant and an updated Financial Disclosure Statement.
A stipulated final hearing will not be scheduled until the parties have filed the Marital Settlement Agreement, Parenting Plan if relevant and each parties updated Financial Disclosure Statement. If there are minor children, the Marital Settlement agreement must be approved by the Guardian ad Litem and the Child Support Agency.
Upon request submitted on approved CCAP forms GF-306 and GF-307, the Court may allow a defendant to appear remotely.
If a final itemized statement is not available at the sentencing hearing, the attorney should be prepared to estimate what his final fee will be so that the defendant has an idea as to the amount of reimbursement he will be responsible for.
If the request for an expert would divulge a legitimate defenses strategy, Counsel shall submit a scaled ex parte request. If the Court does not believe confidentiality or a legitimate defense strategy exists, the Court may divulge the request to the District Attorncy before making a decision on the request.
Mediation can be waived if the parties file with the court a stipulation resolving all issues regarding the custody and placement of the children.
Filing & Service rules
Electronic Filing Rules
Documents may be filed with the Clerk by mail, in person, or through e-filing; email filings are not accepted.
c) All documents filed with the Clerk of Court shall be accomplished by mail, in person at the Clerk of Courts office or through "e-filing". Email fillings will not be accepted.
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Anticipated trial exhibits must be e-filed with the Clerk before trial and follow the e-filing recommendations and guidelines.
d) All anticipated trial exhibits shall be e-filed with Clerk of Court prior to the trial in a manner consistent with the e-filing recommendations and guidelines
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Facsimile filing is not accepted, except that pleas in traffic cases may be made by facsimile.
a) Facsimile Transmissions will be not accepted for filing documents with the Clerk of Court. Pleas in traffic cases may be made using facsimile
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
All attorneys must register and opt in to the electronic filing system.
a) Appearances: All attorneys must register and opt-in to the electronic filing system as provided by §801.18 Wis. Stats.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
Filing Timing and Cure Windows
Anticipated trial exhibits must be filed before trial.
d) All anticipated trial exhibits shall be e-filed with Clerk of Court prior to the trial in a manner consistent with the e-filing recommendations and guidelines
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
A request to appear remotely must be made within a reasonable time before the event.
3. Any request to appear remotely must be made in writing and within a reasonable time prior to the event.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
within 15 days from the date of mailing of the Court Commissioner's written decision.
within 15 days from the date of mailing of the Court Commissioner's written decision.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
within 10 days of the Court Commissioner's oral decision
within 10 days of the Court Commissioner's oral decision
Page 4 | RULE 5: GENERAL COURT PROCEDURES
A defendant who objects to the final bill must file a written objection with the court within 10 days of mailing of the bill.
The final billing statement shall be provided to the defendant and must contain a notification that if the defendant objects to the bill, the defendant must file a written objection with the court within 10 days of mailing of the bill.
Page 6 | RULE 6: CRIMINAL PROCEDURES
Appointed counsel must submit the final itemized statement of services to the court within 30 days of the sentencing hearing.
A final, itemized statement for services rendered shall be submitted to the court within 30 days of the sentencing hearing.
Page 6 | RULE 6: CRIMINAL PROCEDURES
If no written objection is made within five business days after receipt, approval of the submitted document is presumed.
with the condition that if no written objection is made to the court within five business days of receipt, approval is presumed.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
Service and Proof of Service Rules
Small-claims summonses and complaints, other than in eviction or replevin actions, may be served by mail only on residents of the county where the action is commenced.
a. Service of the Summons and Complaint in small claims actions, except actions for eviction or replevin, may be by mail as provided in $799.12(3) Wis. Stats. b. Service by mail shall be limited to residents of the county where the action is commenced.
Page 2 | RULE 4: SMALL CLAIMS - SERVICE OF PROCESS
Eviction actions must be served personally.
c. Service in eviction actions shall be by personal service.
Page 3 | RULE 4: SMALL CLAIMS - SERVICE OF PROCESS
The filing party must obtain a motion date and time from the Judicial Assistant, confirm its availability with opposing counsel or parties, and notify all necessary parties; a motion not properly noticed within a reasonable time before trial may be deemed forfeited or waived.
Motions properly filed in all actions will be scheduled by the Judicial Assistant. The party filing the motion shall first obtain a date & time for the motion from the Judicial Assistant; confirm that date and time are available to opposing counsel or parties and then notice all of the necessary parties. Any motion that is filed and not properly noticed by the party filing the motion within a reasonable time prior to trial will be deemed to have been forfeited or waived.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
Unless the court directs otherwise, a copy of a proposed order, findings, conclusions of law, or judgment must be submitted to opposing counsel when the document is submitted to the court.
‡) Five Day Rule: Unless otherwise directed by the court, when submitting to the court any proposed order, findings, conclusions of law or judgment, a copy shall be submitted to opposing counsel,
Page 4 | RULE 5: GENERAL COURT PROCEDURES
The de novo review request must be mailed to the opposing party.
i) De Novo Review: Any request for a De Novo review of the Court Commissioner's decisions must be in writing and filed with the Clerk of Court and mailed to the opposing party within 10 days of the Court Commissioner's oral decision or within 15 days from the date of mailing of the Court Commissioner's written decision.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
The moving party must submit proof that the adverse party was notified of the default-judgment motion.
In addition to the requirements of the statute, the moving party musts submit proof that the adverse party was notified of the motion for default juagment.
Page 5 | RULE 5: GENERAL COURT PROCEDURES
Replevin actions may be served by certified mail with return receipt requested or by personal service.
d. Service in replevin actions may be by certified mail, return receipt requested, or by personal service.
Page 3 | RULE 4: SMALL CLAIMS - SERVICE OF PROCESS
Filing Fees and Waivers
If the Court is not timely advised that a scheduled jury trial is unnecessary, it may assess a $1,000 jury fee against a party or attorney; the assessed fee must be paid within 30 days, and nonpayment may lead to contempt proceedings.
a) In any civil or criminal case, in which a jury was scheduled, both parties must jointly advise the Court within 2 business days of the commencement of the trial that the case is resolved and a trial is not necessary. b) If the Court is not notified within 2 business days of the start of the jury trial, the Court shall, in its discretion, assess jury fees against either the Plaintiff, the Defendant or their respective attorneys or allocate the cost among them, as authorized by §814.51 Wis. Stats. and the 9 Judicial District Rules c) The jury fee assessed will be $1000 which is the usual entire cost of one day's juror fees and costs. d) The party assessed the jury fees must make payment to the Clerk of Court within 30 days of the assessment. The Clerk may use any legal or authorized means to collect the jury fee assessment. Failure to pay the assessment shall be entorced by contempt proceedings.
Page 2 | RULE 3: JURY FEES
Court filing fees, forfeitures, fines, and costs must be paid using the listed payment methods, and coins are not accepted for amounts over one dollar.
b) Payment of court filing fees, forfeitures, fines and costs shall be made in US currency, personal checks, money orders. certified checks or online with a credit or debit card. Coins will not be accepted for any amount over one dollar.
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Courtesy Copy Requirements
A copy of each brief or memorandum, together with supporting affidavits, must be provided to the Judge through e-filing when filed with the clerk.
h) Briefs and Memorandums: A copy of any briefs or memorandums filed in court. together with supporting affidavits must be provided through e-filing to the Judge at the time said documents are filed with the clerk of court.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
Adjournment & Extension Requirements
A continuance may be granted on the court's own motion or at a party's request; an adjournment request must be made by written motion or orally in court if all parties stipulate, and is granted only upon good cause and a determination that justice will be served.
e) Continuances: Continuances may be granted in the discretion of the judge. The court may grant a continuance upon its own motion or upon the request of the parties. A request for an adjournment shall be made by written motion or orally in court if all parties stipulate to the adjourment. Any request or stipulation for an adjournment will be granted only if good cause is shown and the court determines that justice will be served by the adjournment.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
An adjournment requested because a remote appearance is inadequate will be granted only upon a showing of good cause.
5. The party appearing remotely takes the risk that inadequate connection or equipment may prevent the proper presentation or participation. Adjournments requested due to insufficiency of the remote appearance will only be granted with a showing of good causc.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
Chambers Communication Rules
A party appearing remotely or by phone must contact the court at the scheduled time and, if the hearing is delayed, remain available and call as court staff directs.
6. Any party appearing remotely or by phone shall be responsible for contacting the court at the scheduled time. In the event the hearing is delayed, the party must remain available and call the court as directed by the court staff.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
Counsel should advise the Court as soon as possible after appointment if an expert may be needed for the defendant's proper defense.
As soon as possible following appointment, Counsel should advise the Court if it is anticipated that an expert may be required for the propcr defense of the Defendant.
Page 6 | RULE 6: CRIMINAL PROCEDURES
For represented defendants, correspondence or contact with the court must come from counsel, except complaints about counsel; direct correspondence from the defendant is forwarded to counsel and receives no response.
Correspondence from represented defendants: If the defendant is represented by counsel, all correspondence or contact with the court, other than complaints about the attorney, must come from the defendant's counsel. Any correspondence received directly form the defendant will be forwarded to his or her attorney and will not be responded to by the court.
Page 7 | RULE 6: CRIMINAL PROCEDURES