Fond du Lac County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- Continuance and rescheduling requests must be written, include the reason and other parties’ positions or an explanation that those positions could not be obtained despite diligent efforts, and generally be made at least five working days before the hearing; continuances are subject to the stated agreement and emergency exceptions, and parties must appear as scheduled unless notified of a grant.
Page & Word Limits1 rule
d. The document does not exceed fifteen (15) pages in length, excluding cover sheet.
- Page limit
- Up to 15 pages
Document Format Requirements2 rules
Only plain- paper facsimile machines currently comply with this requirement.
Formatting
- •Only plain-paper facsimile machines currently comply with the stated retention requirement
No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.
Document Filing Requirements48 rules
Order adopting rules shall specify an effective date.
For each case settled by pretrial, the prosecuting attorney must file a written disposition report signed by both the prosecutor and defendant; this requirement applies only when the defendant personally appears on the return date to enter the plea.
Court's wording
The prosecuting attorney shall on the same day of the pre-trial file a written pre-trial disposition report for each case settled by pretrial, signed by both the prosecuting attorney and the individual defendant. This pre-trial requirement shall only apply when the defendant appears personally on the return date to enter the plea; it does not apply to not guilty pleas made by mail or otherwise in advance of the return date.
All pleadings shall contain the following for both parties: a current or last known address, an email address, and a telephone number.
All Orders or Stipulations containing a provision for child support that deviates from the statutory guidelines must comply with the requirements of Wis. Stat. §767.511(1n). Any Stipulation or Order that does not contain the required language will not be approved or filed by the Court.
A pleading for a Zoom or other authorized virtual hearing must include the meeting invitation and connection instructions.
Court's wording
In addition, any pleading for hearings scheduled via Zoom (or other virtual program authorized by the Chief Judge), shall contain the meeting invitation and connection instructions, and shall be served upon the other party as part of the pleadings.
An Order containing a child-support or maintenance provision must include the specified employer and minor-child information and the language required by the listed statutes.
Court's wording
If the pleading is an Order containing a provision for child support or maintenance, in addition to the requirements of paragraph (c) above, the Order shall contain the following: name, address, email address and/or phone numbers of the employers of the parties, name and birth date of any minor children, and the language required by Wis. Stat. §§767.225, 767.511, 767.513, 767.54, 767.57, 767.58,
When a party receives or has applied for public assistance, the signed Stipulation and Marital Settlement Agreement must be submitted to the Child Support Agency for approval before submission to the Family Court Commissioner.
Court's wording
(g) Where either party is receiving, has received during the pendency of the action, or has applied for public assistance, any Stipulation and the Marital Settlement Agreement shall be submitted to the Fond du Lac County Child Support Agency for approval as to form, after signature of all parties, including any guardian ad litem, and before submission to the Family Court Commissioner for approval.
(e) Offers of Proof. At hearings before the Court Commissioner, the parties or counsel shall present supporting evidence via offers of proof unless otherwise requested by a party or counsel no later than seven (7) days prior to the hearing, and if sufficient time has been scheduled on the Court's calendar.
A completed Financial Disclosure Statement, proposed Parenting Plan and any documentary evidence to be relied upon at the hearing, must be filed a minimum of two (2) working days prior to all scheduled hearings.
Other minimum documentation to be presented at any pre-trial hearing will consist of all documentation required pursuant to the Preliminary Scheduling Order, including a Proposed Marital Settlement Agreement and a completed Financial Disclosure Statement with current income verification attached.
Each parent must complete and file their own proposed parenting plan and ensure the specified recipients receive a copy before the scheduled pre-trial hearing.
Court's wording
Each parent is responsible for completing a proposed parenting plan on their own behalf and seeing that the original is filed with the Court and that both attorneys, the other parent if not represented by an attorney, and the guardian ad litem if appointed, receive a copy, in advance of any scheduled pre-trial hearing.
Minimum documentation to be presented at trial by the moving party as exhibits will consist of all documentation required pursuant to the Preliminary Scheduling Order.
Any exhibits or documents a party wishes the Court to consider must be filed a minimum of two (2) working days in advance of any hearing.
In order to obtain a default or stipulated final hearing in a divorce case, the petitioner(s) shall submit to the Court Commissioner's Office a signed Marital Settlement Agreement, reviewed and/or approved by the Child Support Agency, if applicable. In addition, both parties must submit a fully completed Final Financial Disclosure Statement with current income verification and most recent tax returns attached.
Both parties must file a Financial Disclosure Statement and income verification for the three months before the hearing at least two working days before a hearing concerning a financial matter.
Court's wording
A financial disclosure statement and verification of income for three (3) months prior to the hearing date must be filed by both parties a minimum of two (2) working days in advance of any hearing concerning child support, maintenance, property division, or any other financial matter, including but not limited to temporary order hearings, contempt hearings, final divorce hearings and hearings on motion to modify financial matters.
Before scheduling a default or stipulated final hearing, the moving party must provide the Clerk the listed completed documents.
Court's wording
The moving party shall, prior to scheduling a default or stipulated final hearing, provide the Clerk with a completed DHSS Divorce Certificate Divorce/Annulment Worksheet, Certificate of Mailing, Final Financial Disclosure Statement and Findings of Fact, Conclusions of Law and Judgment of Divorce.
A child support order must explain the calculation and state the amount and reason for any deviation; an unstated deviation is treated as calculation under the percentage standard.
Court's wording
All Orders for child support shall indicate how child support was calculated, and if the child support order contains a deviation from the percentage standards, the amount of deviation and the reason for the deviation pursuant to Wis. Stat. § 767.511(1n). If an Order fails to state a deviation and a reason for a deviation, child support shall be considered to have been calculated using the percentage standard.
If the parties are unable to resolve disputes as to proposed orders, the parties shall obtain a transcript of any hearing on the record, splitting the cost of preparation of the transcript equally.
The submission shall clearly reflect that the proposed order or judgment is being submitted under the five (5) day rule.
An order rendered by the Family Court Commissioner shall be reduced to writing by the moving party unless otherwise directed by the Family Court Commissioner.
Any order, either stipulated to or contested, establishing or modifying child support, family support or maintenance must be accompanied by an Order for Income Withholding or an Order Terminating/Suspending Income Withholding if the payer is employed. Said Order shall be prepared by the moving party unless otherwise prepared by the Child Support Agency.
An ex parte motion must include either qualifying affidavits from parties or lay witnesses based on personal knowledge, or qualifying affidavits from competent expert witnesses based on record facts or properly alleged facts; the facts must establish an emergency or other urgent circumstance.
Court's wording
Motions for ex parte orders must be accompanied by: 1. One or more affidavits of parties or lay witnesses alleging facts of which the affiant has personal knowledge and which, if true, constitute an emergency or other urgent circumstance justifying the issuance of the proposed order; or: 2. One or more affidavits of competent expert witnesses based on facts of record or alleged in proper affidavits, constituting an emergency or other urgent circumstance justifying the issuance of the proposed order.
All requests for ex parte orders, whether prejudgment or post-judgment shall be submitted to the Family Court Commissioner, or if the Family Court Commissioner is unavailable, to the assigned Circuit Court Judge.
An order based on the decision of the Family Court Commissioner must be on file prior to the de novo hearing.
A party seeking waiver or reduction of the guardian ad litem fee prepayment on indigency grounds must file the specified petition, affidavit, and order.
Court's wording
If any party believes that he or she is indigent and entitled to a waiver or reduction of the prepayment toward the guardian ad litem fees, that party shall file a Petition for Waiver/Reduction of Custody Study and/or Guardian ad Litem Fee Deposit; Affidavit of Indigency and Order provided by the Office of the Family Court Commissioner.
An ex parte order request must set a return date within seven days of filing and include language limiting the order to the hearing and permitting judicial modification or revision.
Court's wording
All requests for an ex parte order shall contain a return date before the Family Court Commissioner within seven (7) days of filing and shall contain language which (a) extends the ex parte order only until the date and time of the hearing and (b) specifically permits modification or revision by the Family Court Commissioner or Circuit Court Judge.
No final judgment shall be granted by the Court without a provision regarding payment of the guardian ad litem fees and costs, including a date certain for payment of remaining fees and costs.
Upon conclusion of the matter, the guardian ad litem shall submit a final bill to Fond du Lac County within 30 days of dismissal.
Any final stipulation submitted by the parties for approval of the Court shall contain a provision regarding payment of remaining guardian ad litem fees, including a date certain for payment of the remaining fees and costs.
The defendant's attorney shall personally assist the defendant in completion of the form; If the defendant is without counsel, the District Attorney shall be responsible for the completion and filing of the form.
Form CR-227 shall be a filed document and part of the record on appeal.
The defendant is required in all criminal cases, including criminal traffic, to complete a Form CR-227 and submit it to the presiding judge at the opening of the plea hearing.
Using Form CR-227 does not replace an on-the-record plea voluntariness and waiver exchange, whose extent is determined case by case.
Court's wording
Use of the form shall be in addition to, and not a substitute for, an on-the-record interchange between the court and the defendant to establish the waiver of those rights and voluntariness of the plea; the extent of that on-the-record interchange shall be determined on a case-by case basis at the discretion of the presiding judge, prosecuting attorney, and the defense counsel.
Except in Chapter 425 actions, all Small Claims summons and complaints shall be on the uniform printed form available from the Clerk of Court.
The simple form of Small Claims Complaint cannot be used in Chapter 425 actions. Instead, the plaintiffs will have to draft their own pleadings.
The form of Summons is set forth in Wis. Stats. 425.205(2), and the contents of the complaint required are set forth in 425.205(3).
In Chapter 425 actions the plaintiff must incorporate the Notice of Right to Cure Default form as an exhibit to his complaint.
A pro se defendant who contests the claim must complete and file the Answer form with the Clerk.
Court's wording
All defendants who appear pro se on the return date will be provided with one copy of the Answer form, which they must fill out and file with the Clerk no later than the return date if they contest the claim.
If a dispute exists on the return date, both parties must execute the mediation service documents as presented before trial is scheduled.
Court's wording
If a dispute exists on the return date, both parties shall be required to attend a mediation orientation meeting, go through the mediation process and execute the mediation service documents, as presented, before being scheduled for a trial.
Verification of the Complaint in a principal action on contract for recovery of money is indirectly required by Wis. Stats. 799.22(3). That section requires, in default judgments, that either the Judge or Clerk may enter a default judgment in such action upon receipt of a verified complaint, affidavit of facts, sworn testimony, or other evidence. The practical solution, because of the large volume of default judgments in contract actions, is to require that the original Complaint be verified.
b. The transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
For good cause, the assigned judge may authorize in advance a nonconforming filing that complies with ss. 801.16, and the filing attorney must certify receipt of that authorization.
Court's wording
7.5 A judge assigned to a particular matter may authorize in advance, the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with ss. 801.16. The attorney filing said documents shall certify that he/she has received said authorization.
In foreclosure actions, the plaintiff must attach the Notice of Availability of Mediation and Application for Mediation to the Summons and Complaint served on the defendant/homeowner.
Court's wording
That in all foreclosure actions, the plaintiff shall attach to the Summons and Complaint served upon the defendant/homeowner the following printed forms that can be downloaded from the Fond du Lac County website or will be available at the Fond du Lac County Clerk of Courts a) Notice of Availability of Mediation b) Application for Mediation
This pre-trial requirement shall only apply when the defendant appears personally on the return date to enter the plea; it does not apply to not guilty pleas made by mail or otherwise in advance of the return date.
The guardian ad litem shall submit monthly statements to the parties, their attorneys, and the Court, showing how much of the retainer remains.
In money judgment actions, where the plaintiff is represented by a collection agency, the plaintiff should insert in Paragraph 3 of the Complaint the following: Name, address, and telephone number of agent for the plaintiff that the defendant may contact to discuss the account.
D. In eviction actions the plaintiff should file with the original Complaint the Notice Terminating Tenancy and Proof of Service of that Notice.
Garnishment pleadings need not be verified.
Filing & Service rules
Electronic Filing Rules
7.2 Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if: a. No filing fee is required. b. The transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney. The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
7.2 Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if: a. No filing fee is required. b. The transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney. The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
Page 21 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
Documents transmitted directly by fax may be accepted for filing only through a fax machine capable of reproducing documents that meet the stated retention requirement.
7.1 Facsimile documents transmitted directly to the courts shall be accepted for filing only The circuit court has a facsimile machine capable of reproducing documents that meet Supreme Court Rule 72.01 concerning retention of filed documents. Only plain- paper facsimile machines currently comply with this requirement.
Page 21 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
Documents intended for court reference or another purpose, but not for filing, may be transmitted by fax at the judge’s or clerk’s discretion.
7.6 Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge or clerk.
Page 22 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
Filing Timing and Cure Windows
The prosecuting attorney must file the pre-trial disposition report on the same day as the pre-trial, subject to the personal-appearance limitation.
The prosecuting attorney shall on the same day of the pre-trial file a written pre-trial disposition report for each case settled by pretrial, signed by both the prosecuting attorney and the individual defendant. This pre-trial requirement shall only apply when the defendant appears personally on the return date to enter the plea; it does not apply to not guilty pleas made by mail or otherwise in advance of the return date.
Page 2 | TRAFFIC AND NON-TRAFFIC COURT RULE NO. 2 — FORFEITURE PRETRIALS
The parties must exchange the information required by the Preliminary Scheduling Order within 90 days of filing.
Upon service of a Summons and Petition, each party will receive a Preliminary Scheduling Order requiring the parties to exchange specific information within 90 days of filing.
Page 4 | 3.1 SERVICE
File the completed Financial Disclosure Statement, proposed Parenting Plan, and any documentary evidence to be relied upon at least two working days before every scheduled hearing.
A completed Financial Disclosure Statement, proposed Parenting Plan and any documentary evidence to be relied upon at the hearing, must be filed a minimum of two (2) working days prior to all scheduled hearings.
Page 6 | 3.2 PROCEEDINGS BEFORE THE COURT COMMISSIONER
A proposed parenting plan must be filed at least two working days before any pre-trial, in addition to other filing requirements, including those for mediation or the GAL.
The proposed parenting plan must be filed a minimum of two (2) working days in advance of any pre-trial. This deadline is in addition to any other requirements for the filing of a proposed parenting plan, including for mediation or for the GAL.
Page 7 | 3.4 PRE-TRIALS / PARENTING PLAN
All required pre-trial documents must be filed at least two working days before the pre-trial.
All required documents must be filed a minimum, of two (2) working days in advance of any pre-trial.
Page 7 | 3.4 PRE-TRIALS / PARENTING PLAN
Documents and exhibits to be introduced at a virtual hearing must be filed at least two working days before the hearing.
Any documents or exhibits to be introduced during a hearing must be filed a minimum of two (2) working days in advance of the hearing.
Page 7
The listed documents must be provided to the Clerk before a default or stipulated final hearing is scheduled.
The moving party shall, prior to scheduling a default or stipulated final hearing, provide the Clerk with a completed DHSS Divorce Certificate Divorce/Annulment Worksheet, Certificate of Mailing, Final Financial Disclosure Statement and Findings of Fact, Conclusions of Law and Judgment of Divorce.
Page 8 | 3.5 DEFAULT FINAL HEARINGS
Exhibits and documents a party wants the Court to consider must be filed at least two working days before any hearing; late documentary evidence may result in dismissal, denial, or adjournment.
Any exhibits or documents a party wishes the Court to consider must be filed a minimum of two (2) working days in advance of any hearing. Failure of either party to timely file documentary evidence in advance of any hearing may result in the matter being dismissed, denied or adjourned to a later date.
Page 8 | 3.7 FINANCIAL STATEMENTS, EXHIBITS, DOCUMENTARY EVIDENCE
Both parties must file the specified financial disclosure materials at least two working days before a financial-matter hearing; failure to file timely may allow the court to accept the other party's statement or result in dismissal, denial, or adjournment.
A financial disclosure statement and verification of income for three (3) months prior to the hearing date must be filed by both parties a minimum of two (2) working days in advance of any hearing concerning child support, maintenance, property division, or any other financial matter, including but not limited to temporary order hearings, contempt hearings, final divorce hearings and hearings on motion to modify financial matters. A copy must be provided to the other party. Failure of either party to timely file a complete Financial Disclosure Statement as required shall authorize the Family Court Commissioner or Circuit Court Judge to accept the statement of the other party as accurate and complete. Failure to timely file a Financial Disclosure Statement in advance of any hearing may result in the matter being dismissed, denied or adjourned to a later date.
Page 8 | 3.7 FINANCIAL STATEMENTS, EXHIBITS, DOCUMENTARY EVIDENCE
An objection to the form of a proposed order or judgment must reach the Court within five days after receipt of the draft, excluding weekends and holidays and as computed under Wis. Stat. 801.15(1).
An objection by any party to the form of the proposed order or judgment must be received by the Court within five (5) days of the receipt of the draft. Five (5) days shall not include weekends and holidays and shall be computed pursuant to Wis. Stat. 801.15(1).
Page 9 | 3.8 ORDERS AND FIVE (5) DAY RULE
The return date for an ex parte order request must be within seven days of filing.
All requests for an ex parte order shall contain a return date before the Family Court Commissioner within seven (7) days of filing
Page 11
The guardian ad litem's final bill is due within 30 days after dismissal.
Upon conclusion of the matter, the guardian ad litem shall submit a final bill to Fond du Lac County within 30 days of dismissal.
Page 12 | 3.14 GUARDIAN AD LITEM
A garnishee defendant’s answer is due by the summons return date; if it is not filed by then, judgment cannot be granted until the defendant is brought before the court on an Order to Show Cause.
If a garnishee defendant does not file the required answer on or before the return date indicated on the summons, judgment will not be granted against the garnishee defendant until such time as the garnishee defendant is brought before the court on an Order to Show Cause.
Page 16 | SMALL CLAIMS PROCEDURE COURT RULE NO. 5 — 5.1 SERVICE OF SUMMONS
A nonresident defendant may answer a Small Claims action by mail without appearing on the return date, but the Clerk must receive the answer by that date.
If the defendant is a nonresident of the State of Wisconsin, the defendant may join issue in any Small Claims action without appearing on the return date by answering by mail, provided such answer is received by the Clerk of Circuit Court of Fond du Lac County no later than the return date.
Page 17 | 5.3 RETURN DATES
A pro se defendant who contests the claim must file the Answer with the Clerk no later than the return date.
All defendants who appear pro se on the return date will be provided with one copy of the Answer form, which they must fill out and file with the Clerk no later than the return date if they contest the claim.
Page 17 | ANSWER
Fax papers are considered filed when received by the clerk, become the official court record, and may not be substituted.
Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted.
Page 22 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
For a party not registered as an electronic party, the Court will hold the order for at least three additional days to allow for mail service.
If a party is not registered as an electronic party, the submission must include verification that the Order was sent to the opposing party and the Court will hold the Order for a minimum of an additional three (3) days to allow for mail service.
Page 9 | 3.8 ORDERS AND FIVE (5) DAY RULE
The court, judge, and clerk are not responsible for transmission errors or failures that cause missing or illegible documents, or for periods when the court fax machine is inoperable.
7.4 The circuit court, judge or clerk is not responsible for a. Errors or failures in transmission that result in missing or illegible documents. Periods when a circuit court facsimile machine is not operational for any reason.
Page 21 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
Service and Proof of Service Rules
Notice to the Child Support Agency is due five days before a scheduled hearing, or eight days before if sent by regular mail.
Notice shall be provided to the Fond du Lac County Child Support Agency five days (eight days if by regular mail) prior to any scheduled hearing, and if no hearing is set, within twenty (20) days of service on the other party.
Page 4 | 3.1 SERVICE
The Fond du Lac County Child Support Agency must receive notice of all Family Court hearings.
Notice of all Family Court hearings shall be given to the Fond du Lac County Child Support Agency.
Page 4 | 3.1 SERVICE
A pleading for a Zoom or other authorized virtual hearing must be served on the other party as part of the pleadings.
In addition, any pleading for hearings scheduled via Zoom (or other virtual program authorized by the Chief Judge), shall contain the meeting invitation and connection instructions, and shall be served upon the other party as part of the pleadings.
Page 4 | 3.1 SERVICE
When the specified public-assistance, Child Support Agency, or state-arrearage conditions apply, the moving party or party receiving public assistance must notify the Fond du Lac County Child Support Agency of any pleading filing and any hearing scheduled on that pleading.
Pursuant to Wis. Stat. 767.15, when any party or one or more of his or her children is presently receiving, has received, or has applied for public assistance i.e., W-2, Wisconsin Works, Medical Assistance, Badger Care, Food Stamps, Child Care Assistance, Kinship Care or Foster Care, applied for services through the Child Support Agency, or an arrearage is owed to the State of Wisconsin, the moving party or the party receiving public assistance shall provide notice to Fond du Lac County Child Support Agency of the filing of any pleading and of any hearing scheduled on the pleading.
Page 4 | 3.1 SERVICE
File verification of service on the other party, including the Child Support Agency, 24 hours before a scheduled hearing or the matter may be dismissed.
(h) Verification of service on the other party, including the Child Support Agency shall be filed 24 hours before any scheduled hearing or the matter may be dismissed.
Page 5 | FAMILY COURT HEARING PROCEDURES
The party seeking admission must provide the opposing party a copy before the proceeding and, if that party is not an electronic filer, verify that copies were provided in time for review before the hearing.
The party seeking the document or exhibit's admission is required to provide a copy of the document or exhibit to the opposing party prior to the proceeding. If an opposing party is not registered as an electronic filer, the party seeking to submit documents or exhibits must provide verification that they have provided copies to the opposing party in sufficient time in advance of the hearing to allow the opposing party to review the documents or exhibits prior to the hearing
Page 7
A copy of the financial disclosure materials must be provided to the other party.
A copy must be provided to the other party.
Page 8 | 3.7 FINANCIAL STATEMENTS, EXHIBITS, DOCUMENTARY EVIDENCE
Documents or exhibits must be provided to the opposing party far enough before the hearing to allow review.
opposing party in sufficient time in advance of the hearing to allow the opposing party to review the documents or exhibits prior to the hearing.
Page 9 | FAMILY COURT HEARING PROCEDURES
If a party is not registered as an electronic party, the submission must include verification that the order was sent to the opposing party.
If a party is not registered as an electronic party, the submission must include verification that the Order was sent to the opposing party
Page 9 | 3.8 ORDERS AND FIVE (5) DAY RULE
The party requesting de novo review must notify in writing all interested parties not registered for electronic filing of the hearing’s date and time.
The party requesting the de novo review must notify in writing all interested parties not registered for electronic filing of the time and date for the hearing.
Page 10 | 3.11 DE NOVO HEARINGS
The person who obtains an ex parte order must notify counsel, any guardian ad litem, and pro se parties and provide them the pleadings and order at least 48 hours before the hearing.
It is the responsibility of the person or attorney who has obtained the ex parte order to notify all counsel of record, including any guardian ad litem, and pro se parties of the ex parte order and the date and the time of hearing. The party obtaining an ex parte order shall provide copies of the pleadings and ex parte order to all counsel of record, including any guardian ad litem, and pro se parties at least 48 hours prior to the scheduled hearing.
Page 11
The Order to Show Cause must be personally served on the garnishee defendant.
The Order to Show Cause is to be served personally on the garnishee defendant.
Page 16 | SMALL CLAIMS PROCEDURE COURT RULE NO. 5 — 5.1 SERVICE OF SUMMONS
Mail service to obtain a personal judgment is limited to the county where the action was commenced.
Service by mail to obtain a personal judgment shall be limited to the county where the action is commenced.
Page 16 | SMALL CLAIMS PROCEDURE COURT RULE NO. 5 — 5.1 SERVICE OF SUMMONS
After a Fond du Lac County judgment, summons and complaint in garnishment proceedings may be served by mail on defendants and garnishee defendants residing outside the county.
It is further authorized in small claims, that when a judgment has been obtained in Fond du Lac County the service of a summons and complaint in a garnishment proceedings by mail will be permitted for those defendants and garnishee defendants residing outside of Fond du Lac County.
Page 16 | SMALL CLAIMS PROCEDURE COURT RULE NO. 5 — 5.1 SERVICE OF SUMMONS
Summons in Chapter 799 actions may be served by mail instead of personal or substituted service, except in eviction and replevin actions.
Service of summons in all actions under Chapter 799, except evictions actions and replevin actions, is authorized by mail as indicated in s.799.12(3) in lieu of personal or substituted service under s.801.11.
Page 16 | SMALL CLAIMS PROCEDURE COURT RULE NO. 5 — 5.1 SERVICE OF SUMMONS
After an oral ruling that must be reduced to writing, the drafting party may send the proposed order or judgment to all parties before submitting it to the Court instead of obtaining an opposing party’s approval-as-to-form signature.
In lieu of obtaining an opposing party's signature approving as to form any order, when the Court renders an oral ruling which must be reduced to writing, the party drafting such order or judgment may submit the proposed order or judgment to all parties prior to submitting such order or judgment to the Court for its approval.
Page 9 | 3.8 ORDERS AND FIVE (5) DAY RULE
The Clerk's Office will mail a copy of the Answer to the plaintiff or the plaintiff's attorney with the Notice of Trial.
A copy of the Answer will be mailed by the Clerk's Office to the Plaintiff, or attorney for the plaintiff, along with the Notice of Trial when that document is eventually sent.
Page 17 | ANSWER
Notice of the scheduled hearing date will be mailed to the parties.
Notice of the hearing will be mailed to the parties, informing them of the scheduled date.
Page 18 | 5.4 MEDIATION
Filing Fees and Waivers
No filing fee is required for documents transmitted directly to the court by fax.
e. No filing fee required.
Page 21 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
No filing fee is required for fax documents transmitted through a non-court agency, party, or company.
a. No filing fee is required.
Page 21 | FACSIMILE TRANSMISSION OF DOCUMENTS COURT RULE NO. 7
Sealing & Redaction Procedures
Custody study reports must be filed under seal; access, sharing, reproduction, disclosure, and return of copies are restricted as stated.
(b) An attorney for any party, the guardian ad litem and any unrepresented party may obtain a copy of a custody study report prepared by Family Court Services in any case involving said guardian ad litem, attorney for any party or unrepresented party. The original custody study report shall be filed with the Court and sealed within the Court file. Copies of the reports shall be released to an attorney for any party. Copies of the reports shall not be distributed directly to the parties, but an attorney may share the reports by allowing a client to read the report in the attorney's office or some other supervised designation. If a party does not have an attorney, the party may arrange to review the report under supervision of Family Court Services. (c) Said report shall not be reproduced in any fashion by any attorney, guardian ad litem or unrepresented party. Any attorney, guardian ad litem or unrepresented party shall be advised that the contents of such report shall not be disclosed to any other person or persons other than a party to the case wherein the custody study has occurred. All copies of the report shall be returned to Family Court Services or the Court upon completion of the case.
Page 13 | FAMILY COURT HEARING PROCEDURES
Pre-Motion Conference Requirements
In all actions, attorneys must attempt to confer with the opposing party or counsel at least 24 hours before the hearing to resolve or narrow issues, and the court may adjourn if they have not done so.
(a) Confer and Consult. In all actions before the court, the attorneys shall attempt to confer and consult with the opposing party or counsel a minimum of 24 hours prior to the scheduled hearing to attempt to resolve the matter or narrow the issues for review. Lawyers shall make all reasonable efforts to reach an agreement on preliminary and procedural matters. Lawyers should not expect to use court hearing time to discuss issues and should be prepared to start all hearings on time. If at a hearing, it is clear that attorneys have not attempted to confer and consult at least 24 hours prior to the scheduled hearing, the court may adjourn the hearing until this requirement is satisfied.
Page 5 | 3.2 PROCEEDINGS BEFORE THE COURT COMMISSIONER
Adjournment & Extension Requirements
Continuance and rescheduling requests must be written, include the reason and other parties’ positions or an explanation that those positions could not be obtained despite diligent efforts, and generally be made at least five working days before the hearing; continuances are subject to the stated agreement and emergency exceptions, and parties must appear as scheduled unless notified of a grant.
(c) Continuance Requests and Scheduling. Unilateral phone calls or letters to continue a hearing without consideration of the rights or inconvenience of other parties, attorneys, and court personnel, will not be considered. Unless for extraordinary circumstances, requests for continuances will only be granted upon agreement of the moving party, unless just cause for an emergency can be shown. A party or attorney requesting that any hearing or trial be set over to a later date shall make diligent efforts to ascertain the position of all other unrepresented parties and attorneys, including the attorney for the state, prior to contacting the Court. Requests for rescheduling shall be made in writing only. Requests for rescheduling shall contain the reason for the request as well as the position on the request of all other parties and attorneys or a statement that, despite the described efforts to contact the others, the requestor has been unable to ascertain their positions on the request. Requests for continuance shall be made not less than five (5) working days before a scheduled hearing, unless otherwise agreed by the parties. Unless the Court notifies the parties and attorneys that the request or stipulation for continuance has been granted, parties must appear at the originally scheduled time.
Page 5 | 3.2 PROCEEDINGS BEFORE THE COURT COMMISSIONER
Failure to give timely notice to the Child Support Agency is grounds for adjourning the hearing.
Failure to provide timely notice to the Child Support Agency is grounds for adjournment of the hearing or reconsideration of the resulting orders.
Page 4 | 3.1 SERVICE
If the Commissioner requires testimonial evidence instead of offers of proof, the matter may be adjourned to a date that allows more time for live testimony.
If the Commissioner elects to require testimonial evidence in lieu of offers of proof, the matter may be adjourned to another date that is better able to allow for additional time for live testimony versus offers of proof.
Page 6 | 3.2 PROCEEDINGS BEFORE THE COURT COMMISSIONER
Chambers Communication Rules
A responding party who objects to appearing virtually must inform the Court no later than seven days before the hearing.
A responding party objecting to appearance by virtual means shall inform the Court no later than seven (7) days prior to the hearing.
Page 6 | 3.2 PROCEEDINGS BEFORE THE COURT COMMISSIONER
A party seeking to close a proceeding to the news media must notify the court and Media Coordinator at least three days before the hearing or trial; the court may waive notice for demonstrated good cause, and the motion is heard before the proceeding begins.
11.10 A party moving that any judicial proceeding required by law to be public should be closed to the news media must notify the court and the Media Coordinator at least three (3) days prior to the hearing/trial. This requirement may be waived by the court if good cause for waiver is demonstrated. The motion will be heard before the commencement of the hearing. The burden shall be upon the moving party to show why Wis. Stats. 757.14 (Sittings, public) should not apply.
Page 29 | 11.10
A moving party requesting an in-person or telephone appearance must make the request when scheduling the hearing.
A moving party requesting an in-person or a telephone appearance shall make that request at the time of scheduling the hearing.
Page 6 | 3.2 PROCEEDINGS BEFORE THE COURT COMMISSIONER
Media representatives must notify the judicial officer’s office at least three days before a hearing or trial about intended camera or recording equipment use, subject to waiver for good cause; one notice covers subsequent hearings and trials, but each media organization must give its own notice.
A notice of intent to bring cameras or recording equipment into a courtroom or other hearing chamber, pursuant to SCR 61.02(2), shall be made orally or in writing to the office of the judicial officer conducting the hearing or trial. This notice shall be at least three (3) days in advance of the hearing/trial. This requirement may be waived by the court if good cause for waiver is demonstrated. A notice by one media representative shall be sufficient for all subsequent hearings and trials in said case. Each media organization must provide an individual notice; one notice shall not suffice for all other media representatives.
Page 27 | MEDIA POLICY COURT RULE NO. 11