Florence County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

Applies to

Small claims summons and complaint

Service

Mail

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed order findings conclusions or judgment

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,

CRITICAL

Service

Personal service

Eviction actions must be served personally.

c. Service in eviction actions shall be by personal service.

CRITICAL

Applies to

Motion

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.

CRITICAL

Service

Mail to opposing party

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.

WARNING

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.