Forest County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief, Memorandum, Supporting Affidavit
- 1 copy • Upon Filing
Document Format Requirements1 rule
Parties must use adopted standard court forms when available; supplemental materials and other documents or pleadings must be 8½ by 11 inches, subject to the original-will exception and applicable format requirements.
- Paper size
- Letter
Court's wording
g) Forms and pleadings: In all actions and proceedings in circuit court, the parties shall use the standard court forms adopted by the judicial conference under §758.18 Wis. Stats. A party may supplement a standard court form with additional material. Any additional material or attachments to the standard forms shall be 8½" by 11" in size. If the judicial conference has not created a standard court form for an action or pleading undertaken by a party, all documents and pleadings, together with any attachments, shall be 8 ½" by 11" in size and in a format consistent with any statutory or other court requirement. This provision does not apply to original wills filed with the Register of Probate.
Document Filing Requirements14 rules
2. Requests and Order to appear remotely by Zoom shall be submitted to the Court on approved CCAP forms; GF-306 and GF-307.
Any request for a De Novo review of the Court Commissioner's decisions must be in writing
A Petition for Appointment of Counsel must be filed with the court which addresses each of the above listed factors and is accompanied by a fully completed Circuit Court Form GF-152 or similar form that the court may make available in the future.
If the defendant is allowed to appear remotely, Defense Counsel must submit CCAP form CR-295 Waiver of Right to Personal Appearance.
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 judgment.
At the Plea and Sentencing hearing, the State must be prepared to provide information relevant to sentencing, including the listed records and statements.
Court's wording
At the Plea and Sentencing hearing, the State shall be prepared to provide the court with all relevant information necessary for the court to impose a proper sentence including but not limited to: the defendant's criminal history/record; the amount of restitution, if any; victim impact statements, if any; verification of any presentence incarceration to be credited.
The court must be provided with verification that the defendant was provided with a copy of the final billing statement.
Defense counsel must be prepared to provide the listed plea and sentencing documents and information to the court.
Court's wording
The defense counsel shall be prepared to provide the court with all relevant information for the court to impose a proper sentence including but not limited to: a completed Plea Questionnaire and Waiver of Rights form; an Element Sheet, Jury Instruction or other attachment setting for the elements for the offenses the defendant will be entering please to; verification of the presentence incarceration to be credited.
A final, itemized statement for services rendered shall be submitted to the court within 30 days of the sentencing hearing.
The final billing statement shall be provided to the defendant and must contain a notification that if the defendant objects to the bill, the defendant must file a written objection with the court within 10 days of mailing of the bill.
A contested final hearing will not be scheduled until both parties have filed a proposed Marital Settlement Agreement, Parenting Plan if relevant and an updated Financial Disclosure Statement.
A stipulated final hearing will not be scheduled until the parties have filed the Marital Settlement Agreement, Parenting Plan if relevant and each parties updated Financial Disclosure Statement. If there are minor children, the Marital Settlement agrecment must be approved by the Guardian ad Litem and the Child Support Agency.
Mediation can be waived if the parties file with the court a stipulation resolving all issues regarding the custody and placement of the children.
Upon request submitted on approved CCAP forms GF-306 and GF-307, the Court may allow a defendant to appear remotely.
Filing & Service rules
Electronic Filing Rules
Anticipated trial exhibits must be e-filed with the Clerk before trial in accordance with the e-filing recommendations and guidelines.
All anticipated trial exhibits shall be e-filed with Clerk of Court prior to the trial in a manner consistent with the e-filing recommendations and guidelines
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Documents filed with the Clerk must be submitted by mail, in person, or through e-filing; email filings are not accepted.
All documents filed with the Clerk of Court shall be accomplished by mail, in person at the Clerk of Courts office or through "e-filing". Email fillings will not be accepted.
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Attorneys must register and opt in to the electronic filing system.
a) Appearances: All attorneys must register and opt-in to the electronic filing system as provided by §801.18 Wis. Stats.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
Faxes are not accepted for filings, except that pleas in traffic cases may be submitted by fax.
Facsimile Transmissions will be not accepted for filing documents with the Clerk of Court. Pleas in traffic cases may be made using facsimile
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Filing Timing and Cure Windows
Anticipated trial exhibits must be filed before trial.
All anticipated trial exhibits shall be e-filed with Clerk of Court prior to the trial in a manner consistent with the e-filing recommendations and guidelines
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
A request to appear remotely must be written and made within a reasonable time before the event.
3. Any request to appear remotely must be made in writing and within a reasonable time prior to the event.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
A de novo review request based on an oral decision must be filed with the Clerk and mailed to the opposing party within 10 days.
filed with the Clerk of Court and mailed to the opposing party within 10 days of the Court Commissioner's oral decision
Page 4 | RULE 5: GENERAL COURT PROCEDURES
A de novo review request based on a written decision must be filed and mailed within 15 days from the date the decision is mailed.
or within 15 days from the date of mailing of the Court Commissioner's written decision.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
The District Attorney must have the Information filed or ready to file at the Preliminary Hearing.
The District Attorney shall have the Information filed or ready for filing at the time of the Preliminary Hearing.
Page 5 | RULE 6: CRIMINAL PROCEDURES
A defendant who objects to the bill must file a written objection with the court within 10 days of mailing of the bill.
The final billing statement shall be provided to the defendant and must contain a notification that if the defendant objects to the bill, the defendant must file a written objection with the court within 10 days of mailing of the bill.
Page 6 | RULE 6: CRIMINAL PROCEDURES
Appointed counsel must submit a final, itemized statement of services to the court within 30 days of the sentencing hearing.
A final, itemized statement for services rendered shall be submitted to the court within 30 days of the sentencing hearing.
Page 6 | RULE 6: CRIMINAL PROCEDURES
A motion not properly noticed within a reasonable time before trial will be deemed forfeited or waived.
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.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
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, with the condition that if no written objection is made to the court within five business days of receipt, approval is presumed.
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, with the condition that if no written objection is made to the court within five business days of receipt, approval is presumed.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
Service and Proof of Service Rules
In small claims actions other than eviction or replevin, service of the summons and complaint may be made 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.
Page 2 | RULE 4: SMALL CLAIMS - SERVICE OF PROCESS
After obtaining a motion date, the filing party must confirm its availability with opposing counsel or parties and notify all necessary parties.
confirm that date and time are available to opposing counsel or parties and then notice all of the necessary parties.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
Eviction actions require personal service.
c. Service in eviction actions shall be by personal service.
Page 3 | RULE 4: SMALL CLAIMS - SERVICE OF PROCESS
Unless the court directs otherwise, a copy of a proposed order, findings, conclusions of law, or judgment must be provided to opposing counsel when 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, with the condition that if no written objection is made to the court within five business days of receipt, approval is presumed.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
A de novo review request must be mailed to the opposing party within the applicable 10-day or 15-day deadline.
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.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
Within a reasonable time before pretrial, the District Attorney must provide the defendant the information required by §971.23 and any written plea offer.
Within a reasonable time prior to the pre-trial, the District Attorney shall provide the defendant with all information required by $971.23 Wis. Stats. and a written plea offer, if any.
Page 5 | RULE 6: CRIMINAL PROCEDURES
The final billing statement must be provided to the defendant and notify the defendant that any objection must be filed in writing within 10 days of mailing the bill.
The final billing statement shall be provided to the defendant and must contain a notification that if the defendant objects to the bill, the defendant must file a written objection with the court within 10 days of mailing of the bill.
Page 6 | RULE 6: CRIMINAL PROCEDURES
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.
Page 3 | RULE 4: SMALL CLAIMS - SERVICE OF PROCESS
Filing Fees and Waivers
If the Court is not notified within two business days after the jury trial starts, it may assess or allocate a $1,000 jury fee; the assessed party must pay within 30 days, and nonpayment is enforced by contempt proceedings.
If the Court is not notified within 2 business days of the start of the jury trial, the Court shall, in its discretion, assess jury fees against either the Plaintiff, the Defendant or their respective attorneys or allocate the cost among them, as authorized by §814.51 Wis. Stats. and the 9th Judicial District Rules The jury tee assessed will be $1000 which is the usual entire cost of one day's juror fees d) The party assessed the jury fees must make payment to the Clerk of Court within 30 days of the assessment. The Clerk may use any legal or authorized means to collect the jury fee assessment. Failure to pay the assessment shall be enforced by contempt proceedings.
Page 2 | RULE 3: JURY FEES
Each party must pay $500 directly to the Guardian ad Litem within 10 days after receiving the appointment order; proceedings will not be scheduled until both pay, and the court may waive prepayment for an indigent party.
The parties shall be ordered to pay $500 each directly to the Guardian ad Litem within 10 days of the receipt of the Order Appointing Guardian ad Litem. No court proceedings will be scheduled until both parties have paid the required fee. If a party is not indigent, the required payment may be enforced through contempt proceedings. If a party is indigent, prepayment of the guardian ad litem fee may be waive by the Court.
Page 7 | RULE 7: FAMILY COURT PROCEDURES
Each party must pay the mediator a $100 fee at the first mediation session.
A $100 fee shall be paid to the mediator by each party at the first mediation session.
Page 7 | RULE 7: FAMILY COURT PROCEDURES
Court filing fees, forfeitures, fines, and costs may be paid in U.S. currency, by personal or certified check, money order, or online credit or debit card; coins are not accepted for amounts over one dollar.
Payment of court filing fees, forfeitures, fines and costs shall be made in US currency, personal checks, money orders, certified checks or online with a credit or debit card. Coins will not be accepted for any amount over one dollar.
Page 2 | RULE 2: DOCUMENTS FILED WITH THE CLERK OF COURT AND COURT FEES
Courtesy Copy Requirements
A copy of each filed brief or memorandum, together with supporting affidavits, must be provided to the judge through c-filing when filed with the clerk.
h) Briefs and Memorandums: A copy of any briefs or memorandums filed in court, together with supporting affidavits must be provided through c-filing to the Judge at the time said documents are filed with the clerk of court.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
Sealing & Redaction Procedures
If the request for an expert would divulge a legitimate defenses strategy, Counsel shall submit a sealed ex parte request. If the Court does not believe confidentiality or a legitimate defense strategy exists, the Court may divulge the request to the District Attorney before making a decision on the request.
If the request for an expert would divulge a legitimate defenses strategy, Counsel shall submit a sealed ex parte request. If the Court does not believe confidentiality or a legitimate defense strategy exists, the Court may divulge the request to the District Attorney before making a decision on the request.
Page 6 | RULE 6: CRIMINAL PROCEDURES
Adjournment & Extension Requirements
An adjournment requested because a remote appearance is inadequate will be granted only upon a showing of good cause.
5. The party appearing remotely takes the risk that inadequate connection or equipment may prevent the proper presentation or participation. Adjournments requested due to insufficiency of the remote appearance will only be granted with a showing of good cause.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
A continuance is discretionary; an adjournment request must be made by written motion or orally in court if all parties stipulate, and relief requires good cause and a determination that justice will be served.
e) Continuances: Continuances may be granted in the discretion of the judge. The court may grant a continuance upon its own motion or upon the request of the parties. A request for an adjournment shall be made by written motion or orally in court if all parties stipulate to the adjournment. Any request or stipulation for an adjournment will be granted only if good cause is shown and the court determines that justice will be served by the adjournment.
Page 4 | RULE 5: GENERAL COURT PROCEDURES
Chambers Communication Rules
A party appearing remotely or by phone must contact the court at the scheduled time, remain available if the hearing is delayed, and call as court staff directs.
6. Any party appearing remotely or by phone shall be responsible for contacting the court at the scheduled time. In the event the hearing is delayed, the party must remain available and call the court as directed by the court staff.
Page 3 | RULE 5: GENERAL COURT PROCEDURES
The party filing a motion must first obtain its hearing date and time from the Judicial Assistant.
The party filing the motion shall first obtain a date & time for the motion from the Judicial Assistant;
Page 3 | RULE 5: GENERAL COURT PROCEDURES
A represented defendant must communicate with the court through counsel, except for complaints about counsel; direct correspondence will be forwarded to counsel and not answered.
If the defendant is represented by counsel, all correspondence or contact with the court, other than complaints about the attorney, must come from the defendant's counsel. Any correspondence received directly form the defendant will be forwarded to his or her attorney and will not be responded to by the court.
Page 7
Counsel should advise the Court as soon as possible after appointment if an expert may be needed for the defense.
As soon as possible following appointment, Counsel should advise the Court if it is anticipated that an expert may be required for the proper defense of the Defendant.
Page 6 | RULE 6: CRIMINAL PROCEDURES