Florence County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Final billing statement

The final billing statement must be provided to the defendant and must notify the defendant that any written objection must be filed with the court within 10 days of mailing.

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.

CRITICAL

Applies to

Information

The District Attorney must have the Information filed or ready to file at the Preliminary Hearing.

The District Attorney shall have the Information filed or ready for filing at the time of the Preliminary Hearing.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment because an adverse party failed to timely answer must file the motion required by $806.02 Wis. Stats.

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..

CRITICAL

Applies to

Remote appearance request and order

Requests and orders to appear remotely by Zoom must be submitted on approved CCAP forms GF-306 and GF-307.

2. Requests and Order to appear remotely by Zoom shall be submitted to the Court on approved CCAP forms; GF-306 and GF-307.

CRITICAL

Applies to

Contested final hearing

A contested final hearing will not be scheduled until both parties file a proposed Marital Settlement Agreement, a Parenting Plan if relevant, and an updated Financial Disclosure Statement.

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.

CRITICAL

Applies to

Final billing statement

The court must receive verification that the defendant was provided a copy of the final billing.

The court must be provided with verification that the defendant was provided with a copy of the final billing

CRITICAL

Applies to

Waiver of right to personal appearance

If the defendant is permitted to appear remotely, defense counsel must submit CCAP form CR-295, Waiver of Right to Personal Appearance.

If the defendant is allowed to appear remotely, Defense Counsel must submit CCAP form CR-295 Waiver of Right to Personal Appearance.

CRITICAL

Applies to

Pretrial disclosure

Within a reasonable time before the pre-trial, the District Attorney must provide the defendant the information required by $971.23 WIs. Stats. and any written plea offer.

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.

CRITICAL

Applies to

Plea and sentencing materials

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.

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.

CRITICAL

Applies to

Remote appearance request

A request to appear remotely must be made in writing 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.

CRITICAL

Applies to

Plea and sentencing materials

At the Plea and Sentencing hearing, the State must be prepared to provide relevant sentencing information, including criminal history, restitution, victim impact statements, and verification of presentence incarceration credit.

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.

CRITICAL

Applies to

Stipulated final hearing

A stipulated final hearing requires the parties to file the Marital Settlement Agreement, a Parenting Plan if relevant, and each party's updated Financial Disclosure Statement; if there are minor children, the agreement must also be approved by the Guardian ad Litem and Child Support Agency.

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.

CRITICAL

Applies to

Appointed counsel time records

Appointed counsel must keep accurate and adequate time records to support an itemized statement to the court when representation ends.

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.

CRITICAL

Applies to

Petition for appointment of counsel

A petition for appointment of counsel must address the listed factors and include a completed Circuit Court Form GF-152 or a similar form made available by the court.

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.

CRITICAL

Applies to

De novo review request

A request for de novo review must be in writing, filed with the Clerk of Court, and 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.

CRITICAL

Applies to

Appointed counsel billing records

When appointed counsel appears or provides services for multiple clients at the same time, counsel must properly allocate travel expenses and time among those clients.

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.

CRITICAL

Applies to

Court form

Parties must use adopted standard court forms, but may supplement them with additional material.

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.

WARNING

Applies to

Appointed counsel fee estimate

If the final itemized statement is unavailable at sentencing, the attorney should be prepared to estimate the final fee so the defendant can understand the expected reimbursement.

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.

WARNING

Applies to

Stipulation

Parties may waive mediation by filing a stipulation resolving all issues regarding their children's custody and placement.

Mediation can be waived if the parties file with the court a stipulation resolving all issues regarding the custody and placement of the children.

WARNING

Applies to

Remote appearance request

Upon request submitted on approved CCAP forms GF-306 and GF-307, the Court may allow a defendant to appear remotely.

Upon request submitted on approved CCAP forms GF-306 and GF-307, the Court may allow a defendant to appear remotely.

WARNING

Applies to

Expert request

If an expert request would reveal a legitimate defense strategy, counsel must submit a scaled ex parte request; the Court may disclose it to the District Attorney if it finds no confidentiality or legitimate defense strategy exists.

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.