Fond du Lac County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Petition for waiver or reduction

A party seeking waiver or reduction of the guardian ad litem fee prepayment on indigency grounds must file the specified petition, affidavit, and order.

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.

CRITICAL

Defense counsel must personally help the defendant complete Form CR-227; if the defendant is unrepresented, the District Attorney is responsible for completing and filing it.

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.

CRITICAL

Form CR-227 must be filed and included in the record on appeal.

Form CR-227 shall be a filed document and part of the record on appeal.

CRITICAL

Applies to

Child support order

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.

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.

CRITICAL

Applies to

Small claims summons and complaint

Small Claims summonses and complaints must use the Clerk of Court’s uniform printed form, except in Chapter 425 actions.

Except in Chapter 425 actions, all Small Claims summons and complaints shall be on the uniform printed form available from the Clerk of Court.

CRITICAL

Applies to

Ex parte order request

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.

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.

CRITICAL

Applies to

Hearing transcript

If the parties cannot resolve a dispute about a proposed order, they must obtain a transcript of any hearing on the record and divide its preparation cost equally.

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.

CRITICAL

Applies to

Summons and complaint

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.

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

CRITICAL

Applies to

Answer

A pro se defendant who contests the claim must complete and file the Answer form with the Clerk.

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.

CRITICAL

Applies to

Final judgment

A final judgment must address payment of guardian ad litem fees and costs and set a definite date for payment of any remaining balance.

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.

CRITICAL

Applies to

Trial exhibits

The moving party's trial exhibits must include all documentation required by the Preliminary Scheduling Order.

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.

CRITICAL

In every criminal case, including criminal traffic, the defendant must complete Form CR-227 and submit it to the presiding judge when the plea hearing opens.

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.

CRITICAL

Applies to

Pleading

Every pleading must state a current or last known address, email address, and telephone number for both parties.

All pleadings shall contain the following for both parties: a current or last known address, an email address, and a telephone number.

CRITICAL

Applies to

Ex parte motion

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.

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.

CRITICAL

Applies to

Chapter 425 pleadings

In Chapter 425 actions, plaintiffs may not use the simple Small Claims Complaint form and must draft their own pleadings.

The simple form of Small Claims Complaint cannot be used in Chapter 425 actions. Instead, the plaintiffs will have to draft their own pleadings.

CRITICAL

Applies to

Child support deviation order or stipulation

An Order or Stipulation deviating from the child-support guidelines must comply with Wis. Stat. §767.511(1n) and contain the required language or it will not be approved or filed.

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.

CRITICAL

Applies to

Pretrial disposition report

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.

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.

CRITICAL

Applies to

Mediation service documents

If a dispute exists on the return date, both parties must execute the mediation service documents as presented before trial is scheduled.

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.

CRITICAL

Applies to

Facsimile document

When the transmission relies on approval rather than compliance with the local rule, the party or attorney must certify that it has been approved by the assigned judge or court commissioner.

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.

CRITICAL

Applies to

Ex parte order request

Requests for ex parte orders must be submitted to the Family Court Commissioner, or to the assigned Circuit Court Judge if the Commissioner is unavailable.

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.

CRITICAL

Applies to

Supporting evidence

At Court Commissioner hearings, parties or counsel must present supporting evidence through offers of proof unless a party or counsel requests otherwise no later than seven days before the hearing and sufficient calendar time has been scheduled.

(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.

CRITICAL

Applies to

Final bill

The guardian ad litem must submit a final bill to Fond du Lac County within 30 days of 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.

CRITICAL

Applies to

Facsimile document

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.

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.

CRITICAL

Applies to

Proposed order or judgment

A proposed order or judgment submitted under this procedure must clearly identify that it is being submitted under the five-day rule.

The submission shall clearly reflect that the proposed order or judgment is being submitted under the five (5) day rule.

CRITICAL

Applies to

Hearing exhibits and documents

Exhibits or documents a party wants the Court to consider must be filed at least two working days before any hearing.

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.

CRITICAL

Applies to

Order based on family court commissioner decision

An order based on the Family Court Commissioner’s decision must be on file before the de novo hearing.

An order based on the decision of the Family Court Commissioner must be on file prior to the de novo hearing.

CRITICAL

Applies to

Complaint

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.

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.

CRITICAL

Applies to

Default or stipulated final hearing documents

To obtain a default or stipulated final divorce hearing, petitioners must submit the specified signed agreement to the Court Commissioner's Office, and both parties must submit completed financial disclosures with current income verification and their most recent tax returns.

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.

CRITICAL

Applies to

Pretrial documents

Pre-trial documentation must include all documents required by the Preliminary Scheduling Order, including a Proposed Marital Settlement Agreement and a completed Financial Disclosure Statement with current income verification.

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.

CRITICAL

Applies to

Final stipulation

A final stipulation submitted for court approval must address payment of remaining guardian ad litem fees and costs and set a definite payment date.

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.

CRITICAL

Applies to

Chapter 425 summons and complaint

Chapter 425 summonses must follow Wis. Stat. 425.205(2), and complaints must contain what Wis. Stat. 425.205(3) requires.

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).

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Financial disclosure statement

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.

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.

CRITICAL

Applies to

Stipulation and marital settlement agreement

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.

(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.

CRITICAL

Applies to

Virtual hearing pleading

A pleading for a Zoom or other authorized virtual hearing must include the meeting invitation and connection instructions.

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.

CRITICAL

Applies to

Default or stipulated final hearing documents

Before scheduling a default or stipulated final hearing, the moving party must provide the Clerk the listed completed documents.

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.

CRITICAL

Applies to

Family court commissioner order

The moving party must reduce a Family Court Commissioner’s order to writing unless the Commissioner directs otherwise.

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.

CRITICAL

Applies to

Order adopting rules

An order adopting court rules must specify an effective date.

Order adopting rules shall specify an effective date.

CRITICAL

Applies to

Scheduled hearing materials

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.

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.

CRITICAL

Applies to

Chapter 425 complaint

A Chapter 425 complaint must include the Notice of Right to Cure Default form as an exhibit.

In Chapter 425 actions the plaintiff must incorporate the Notice of Right to Cure Default form as an exhibit to his complaint.

CRITICAL

Applies to

Proposed parenting plan

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.

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.

CRITICAL

Applies to

Support or maintenance order

An order establishing or modifying child support, family support, or maintenance must include the applicable income-withholding order if the payer is employed; the moving party prepares it unless the Child Support Agency does so.

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.

CRITICAL

Applies to

Child support or maintenance order

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.

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,

WARNING

Applies to

Pretrial disposition report

The pre-trial requirement applies only when the defendant personally appears on the return date to enter a plea, not when a not-guilty plea is made by mail or in advance.

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.

WARNING

Applies to

Money judgment complaint

In money judgment actions where a collection agency represents the plaintiff, the plaintiff should include the agency agent’s name, address, and telephone number in Paragraph 3 of the complaint.

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.

WARNING

Applies to

Monthly statement

The guardian ad litem must submit monthly statements to the parties, their attorneys, and the Court showing the remaining retainer.

The guardian ad litem shall submit monthly statements to the parties, their attorneys, and the Court, showing how much of the retainer remains.

WARNING

Applies to

Complaint

In eviction actions, the plaintiff should file the Notice Terminating Tenancy and its proof of service with the original Complaint.

D. In eviction actions the plaintiff should file with the original Complaint the Notice Terminating Tenancy and Proof of Service of that Notice.

INFO

Applies to

Garnishment pleading

Garnishment pleadings do not need to be verified.

Garnishment pleadings need not be verified.