Fond du Lac County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

A copy of the financial disclosure materials must be provided to the other party.

A copy must be provided to the other party.

CRITICAL

Applies to

Proposed order

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

CRITICAL

Applies to

Order to show cause

Service

Personal service

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.

CRITICAL

Service

Mail

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.

CRITICAL

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.

CRITICAL

Applies to

Virtual hearing pleading

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.

CRITICAL

Applies to

Summons and complaint

Service

Mail

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.

CRITICAL

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.

CRITICAL

Deadline

24 hours

Applies to

Verification of 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.

CRITICAL

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

CRITICAL

Applies to

Summons

Service

Mail

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.

WARNING

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.

INFO

Applies to

Answer

Service

Mail to opposing party

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.

INFO

Applies to

Hearing notice

Service

Mail

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.