Fond du Lac County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

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.

WARNING

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 working days

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.

CRITICAL

Deadline

2 working days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 working days

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.

CRITICAL

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.

CRITICAL

Deadline

2 working days

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.

CRITICAL

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).

CRITICAL

Deadline

2 working days

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.

CRITICAL

Deadline

2 working days

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.

WARNING

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.