Grant County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Page & Word Limits2 rules
No transmission shall exceed fifteen (15) pages in length, inclusive of any cover sheet, unless the assigned judge has by order in advance permitted a greater length.
- Page limit
- Up to 15 pages
Briefs are limited to 40 pages; handwritten briefs are also limited to 20,000 words.
- Brief
- Up to 40 pages
- Brief (handwritten)
- Up to 20,000 words
Court's wording
Briefs shall not exceed 40 pages in length, shall be double spaced, and shall be typed in a font no smaller than 12 point. Handwritten briefs shall be legible, double spaced, and no more than 20,000 words.
Document Format Requirements2 rules
Briefs shall not exceed 40 pages in length, shall be double spaced, and shall be typed in a font no smaller than 12 point. Handwritten briefs shall be legible, double spaced, and no more than 20,000 words.
- Font size
- At least 12 points
- Line spacing
- Double
- Brief
All envelopes shall be of appropriate size to accommodate the size of the documents to be returned and shall contain correct postage amounts.
Document Filing Requirements42 rules
A fax document over 15 pages must certify on its first page that the judge ordered an exception; otherwise, the clerk may charge $1.25 per page.
- Document
- Facsimile document
- Placement
- First page
Court's wording
The first page of any document filed by facsimile transmission that is greater than 15 pages in length shall certify on the first page of such document that an exception has been ordered by the applicable judge, otherwise the clerk may charge $1.25 for each page of the facsimile.
If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed.
where a deficiency judgment is sought, fair value of the subject real estate shall be established by appraisal evidence given by an appraiser who is not an employee or associated with a party to the action.
The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff’s motion within 15 days of the date of the notice, default judgment shall be entered.
Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, accompanied by an affidavit of the aforesaid notice to defendant.
Any motion filed in a civil court matter shall comply with the requirements of sec. 802.01(2) (a-e), Wis. Stats. The motion shall set forth with particularity the factual and legal grounds therefor.
Papers supporting the motion shall be made part of the motion or notice of motion as directed by sec. 802.01(2)(b), Wis. Stats.
A movant must present the motion’s legal grounds in a brief or legal memorandum, which may be included in the motion or notice or filed separately, and the brief must set out the essential facts, applicable law, and its application.
Court's wording
Movant shall set forth his/her legal grounds for the motion in a brief or legal memorandum which may be part of the motion, notice of motion, or a separate document. "Brief" is defined to be a written document by which counsel conveys to the court the essential facts of his/her client's motion, a statement of the law involved that he/she would have the court apply, and the application of the law he/she would have the court make to grant the order sought by the motion.
A criminal motion must satisfy the cited statute and state the requested order or relief and particularized grounds in the motion, notice, brief, or legal memorandum.
Court's wording
Any motion filed in a criminal court matter shall meet the criteria set forth in sec. 971.30(2), Wis. Stats. The sec. 971.30(2)(b), Wis. Stats., "brief description of the type of order or relief sought", and the sec. 971.30(2)(c), Wis. Stats., statement "with particularity (of) the grounds for the motion and the order or relief sought", may be set out in the motion, notice of motion, brief or legal memorandum.
A prosecutor seeking to amend or dismiss a specified vehicle-related charge must apply orally or in writing and state reasons addressing consistency with the public interest in deterring impaired driving.
Court's wording
Any prosecutor who seeks to amend or dismiss a charge under sec. 346.63(1) or (5) or a local ordinance in conformity therewith, or s. 346.63(2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, SHALL, pursuant to s. 967.055 do so by means of an oral or written application to the court which states the reasons for the proposed amendment or dismissal. The stated reasons shall address the issue of whether the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, or other drug or combination thereof which renders him/her incapable of safely driving.
A summons served by the District Attorney must have an attached order requiring fingerprinting when needed and, if the defendant cannot retain private counsel, contact with the Public Defender’s office before the court date.
Court's wording
1007 Whenever the District Attorney attempts to serve a defendant with a summons to appear in court, attached to that summons shall be an order requiring the defendant to appear at the Grant County Jail to be fingerprinted prior to their court date, if they have not already been fingerprinted in connection with the pending matter, and to also contact the Public Defender’s office prior to the court date to determine eligibility, if they are unable to retain private counsel.
Applicable bonds must include the required fingerprinting condition, even if the court did not specifically order it.
Court's wording
1006 Fingerprinting. A standard condition of bond for all defendants charged with a criminal offense and who have not been fingerprinted in connection with that case shall be that “The defendant shall present him/herself at the Grant County Sheriff’s Department to be fingerprinted by 5:00 p.m. that day.” The Clerk of Court’s office shall include this provision in all applicable bonds regardless of whether it was specifically ordered in court.
Before a covered family action involving custody or placement of a minor child proceeds to final hearing, the parties must file certification of program completion, except for temporary orders; the rule also applies to specified revisions.
Court's wording
Pursuant to sec. 767.115, Wis. Stats., no action affecting the family which involves a minor child of custody, or placement of children issues may be brought on for final hearing until there has been filed with the court certification indicating the parties have completed the program “Putting Children 1st… When You’re Parenting Apart,” for Parents or a comparable program. This program addresses issues of divorce, separation, and family division. This program is mandatory for parents. Program costs shall be paid by the parents. This rule does not apply to temporary orders under sec. 767.23, Wis. Stats. It does apply to revisions of legal custody and physical placement orders under sec. 767.325, Wis. Stats.
A plaintiff must provide figures sufficient to compute the amount due, and a debt-collection plaintiff must attach the specified account statement and, if not the original creditor, documentation establishing the right to sue.
Court's wording
1105 Itemization of Claim. A Plaintiff must provide all figures necessary for computation of the amount due unless such itemization would violate State or Federal law. In an action to collect a debt for goods provided or services rendered, the Plaintiff shall at a minimum attach the most recent account statement showing the account number, an account balance verifying the amount claimed in the complaint, and, if the Plaintiff is not the original creditor, a copy of all documentation establishing the right to sue upon the claim.
A filing in an action affecting the family must provide the names, dates of birth, and Social Security numbers of each party and the specified children, or the Clerk must reject it.
Court's wording
1301 Pursuant to §767.215(5)(a) 1 & 2 each party must provide the name, date of birth AND social security number of each party and each minor child of the parties and each child born to the wife during the marriage in order to file any action affecting the family. The clerk shall reject any insufficient filing.
The original mediated stipulation or agreement in a referred paternity or other family-code action must be filed with the Clerk, and the parties must contact the Judge’s assistant to schedule a court hearing.
Court's wording
In the case of a paternity action or other family code action in which the parties have been referred to mediation and in mediation have reached a stipulation/mediation agreement, the original of that stipulation/mediation agreement shall be filed with the Grant County Clerk of Circuit Court, and the Grant County Family Court Commissioner shall instruct the parties, whether they are represented by attorneys or not, that they must contact the Judge’s asssitant to schedule a hearing before the circuit court for the circuit court to review the stipulation/mediation agreement of the parties and to make the appropriate findings and orders.
IT IS FURTHER ORDERED that each party provide the Clerk of Circuit Court with evidence of compliance with this order not later than four (4) months from the date hereof.
When custody or placement will be contested, the petitioner must attach a blank Form FA-612 to the petition served on the respondent.
Court's wording
Upon filing a petition where petitioner knows that legal custody or physical placement will be contested, petitioner must attach a blank copy of local Form FA-612, Proposed Parenting Plan (as revised from time to time) to the petition served on the respondent.
For a mediated agreement in a post-judgment divorce action, the parties must prepare an order incorporating or amending the judgment and present it to the Circuit Court for signature and entry.
Court's wording
In a post judgment divorce action where a referral of the parties to mediation results in their entering into or reaching a stipulated mediated agreement, the Grant County Family Court Commissioner will instruct the parties, whether they are represented by counsel or not, that they must prepare the appropriate order incorporating the stipulation into or as an amendment to the existing Judgment of Divorce and present that to the Grant County Circuit Court for its signature and entry.
In a represented pending divorce action, the attorneys, clients, and mediator sign the agreement or memorandum; attorneys sign only as reviewing counsel, not as parties.
Court's wording
If the parties are represented by attorneys, (including Guardian ad Litem) the attorneys, clients, and mediator will sign the agreement or memorandum of understanding and the attorneys may contact the Family Court Commissioner or the Grant County Circuit Court for approval of the stipulation. Attorneys for the parties, in signing the mediation agreement, do so only to indicate they are reviewing the agreement as counsel, not signing the agreement as parties.
When neither party is represented, the parties and mediator sign the stipulation or memorandum, and the Commissioner files it with the Clerk and instructs the parties to contact the Judge’s assistant to schedule a final divorce hearing.
Court's wording
If neither party is represented by an attorney, then the parties and mediator shall sign the stipulation or memorandum of understanding and the Grant County Family Court Commissioner will file it with the Clerk of Circuit Court and provide a letter of explanation to the parties that they must contact the Judge’s assistant for purposes of scheduling a final divorce hearing before the Grant County Circuit Court.
Mediated agreements that are to be part of a temporary order are to be presented to the Family Court Commissioner for signing and entry.
When custody or placement will be contested, both parties must prepare, exchange, and file a parenting plan at least five days before the Scheduling Conference.
Court's wording
Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Court’s Office a parenting plan no later than five (5) days before the Scheduling Conference is held.
A motion for review or a new hearing concerning a Commissioner decision, order, or ruling must be written and include a supporting brief or memorandum of law.
Court's wording
Any motion for either a review of a decision of the Family Court Commissioner, or for a new hearing on the subject of the Family Court Commissioner's decision, order or ruling, shall be in writing and shall include a written brief or memorandum on the law in support of the motion.
Before a de novo hearing is scheduled, the moving party must file the Commissioner-signed written order or written memorandum of an oral order with the Clerk.
Court's wording
If such a motion is filed, prior to scheduling a de novo hearing, the moving party shall file with the Clerk of Courts the written order or written memoranda of an oral order signed by the Family Court Commissioner. A hearing de novo will not be scheduled until that document is on file with the court.
The motion or application for such review shall also include a statement that the motion is made within the time limits set forth by this rule.
An attorney wanting to be included in the probate courts mailings on guardianship or trust matters after the appointment and qualification of the guardian or trustee shall file notice thereof in the trust or guardianship file.
If notice is to cease being sent to such attorney or to be sent to a different attorney, notice thereof shall be filed by said attorney(s) in said file.
The order for recoupment shall reflect consideration of the economic circumstances of the parties as determined by the court at the time of the setting of the recoupment obligation.
During the appointment, the guardian ad litem must provide the court and parties monthly statements of incurred fees and expenses.
Court's wording
The Guardian ad Litem, during the course of the performance of his or her appointed duties, shall provide the court and parties with monthly statements of the fees and expenses incurred in carrying out the duties and obligations under the appointment.
No additional copies or the originals may be sent.
A written request to the clerk for file information must include a sufficiently stamped, self-addressed return envelope.
Court's wording
A party or party's attorney who writes or telephones a clerk of the Grant County Circuit Court and requests that clerk to provide file information, such as hearing dates and times, to the party or party's attorney, shall accompany their written request with a self-addressed envelope bearing sufficient postage in which the clerk can return the requested information.
A request for the clerk to return a filed document copy must include another copy and a sufficiently stamped, self-addressed return envelope.
Court's wording
When a party or a party's attorney files a document with a clerk of the Grant County Circuit Court and requests that the clerk return a copy of that document to the attorney or party, the attorney or party shall submit to the clerk a copy of the document requested to be returned and a self-addressed envelope bearing sufficient postage in which the clerk can return the copy to the party or party's attorney.
A request for the clerk to fill in information on a document must include a copy for completion and a sufficiently stamped, self-addressed return envelope.
Court's wording
Where a party or party's attorney files a document with a clerk of the Grant County Circuit Court and requests that the clerk fill in information called for in the body of the document, the party or attorney shall submit to the clerk a copy of the document in which the requested information is to be filled in and a self-addressed envelope bearing sufficient postage in which the clerk can return the copy to the party or party's attorney.
A brief or legal memorandum is not required for the listed civil motions if the motion cites the appropriate statute or supporting case law.
Court's wording
No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law: a) A motion for temporary orders at the commencement of family action under ch. 767 Wis. Stats. b) A motion for hearing on contempt pursuant to ch. 785 Wis. Stats. c) A motion for change of venue pursuant to §§801.51 or 801.52 Wis. Stats. d) A motion to compel discovery pursuant to §804.12 Wis. Stats. e) A motion for default judgment pursuant to §806.02(1) – (4) Wis. Stats. f) Any other motion for which a standard form has been approved by the Judicial Conference pursuant to §758.18 Wis. Stats.
If there is no existing law applicable to the motion, the moving party shall so state in the moving papers.
A brief or legal memorandum is not required for the listed criminal filings if the motion cites the appropriate statute or supporting case law.
Court's wording
No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law: a) Discovery and inspection demands pursuant to §971.23 Wis. Stats. b) Motions for change of bail conditions pursuant to §§ 969.03, 969.035 and 969.08 Wis. Stats. c) Any other motion for which a standard form has been approved by the Judicial conference pursuant to §758.18 Wis. Stats.
Where the motion made entitles the movant to an evidentiary hearing, movant in his/her motion may reserve the filing of a brief or memorandum of law pending completion of that hearing. Such reservation does not exempt the filed motion from conforming to the requirements of sec. 971.30(2), Wis. Stats.
In cases of a joint petition for divorce, with children, the person filing the petition shall be responsible for delivering a copy of the blank form to the other petitioner.
In cases of a joint petition for divorce or a pro se action, the party filing the petition shall be responsible for delivering a copy of the parenting plan form to the other joint petitioner or pro se litigant.
A brief is a written document conveying the motion’s essential facts, the law to be applied, and how that law supports the requested order.
Court's wording
"Brief" is defined to be a written document by which counsel or party conveys to the court the essential facts of his/her client's motion; a statement of the law involved that he/she would have the court apply, and the application of the law he/she would have the court make to grant the order sought by the motion.
A defendant may join issue without appearing on the return date by submitting a written answer.
Court's wording
1102 Plaintiffs are not required to appear at the return date. Defendants may join issue in any small claims action without appearing on the return date by submitting a written answer, copied to plaintiff and all other parties, provided such answer is received by the Clerk of Circuit Court of Grant County prior to the time set for the return date.
Filing & Service rules
Electronic Filing Rules
Documents intended for filing must be submitted on paper or faxed to the Clerk of Court.
Documents intended for filing must be submitted on paper or sent by fax to the Clerk of Court, as required by Wis. Stats. § 801.16(1).
Page 9 | 808 E-mailed Documents
Fax filings must be sent to the official Grant County Clerk of Courts fax machine; faxes sent to other machines are not properly filed.
The Clerk of Courts for Grant County shall maintain the official facsimile machine and all documents filed by facsimile transmission shall be filed with the Clerk of Courts for Grant County. Documents sent by facsimile transmission to facsimile machines other than the Clerk of Court’s facsimile machine will not be accepted as being properly filed pursuant to this rule.
Page 9 | 807 Facsimile Filing Rule
For nonemergency filings when the filing or hearing deadline is more than 48 hours away, mailing is recommended instead of faxing.
If the deadline for filing or hearing isn’t within 48 hours, and it isn’t an emergency filing, those documents should be mailed and not sent by fax.
Page 9 | 807 Facsimile Filing Rule
Direct fax filings are accepted only if no filing fee is required and the court incurs no fee or charge for receiving them.
Pursuant to Wis. Stat. 801.16(2) as amended, facsimile documents transmitted directly to the Grant County Circuit Court shall be accepted for filing only if: A. No filing fee is required, and; B. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 9 | 807 Facsimile Filing Rule
Email may be used to circulate drafts and coordinate agreements or scheduling, but any resulting final document must be submitted on paper through the clerk’s office.
E-mail is well-suited to arriving at agreement among a group of people. E-mail may be used to circulate draft agreements, arrive at a scheduling order, set a meeting date, etc. However, any final document arising from the process shall be submitted on paper via the clerk’s office.
Page 9 | 808 E-mailed Documents
Fax documents routed through a non-court recipient for transmission to the court are accepted only if no filing fee is required and the court incurs no additional fee or charge.
Facsimile documents transmitted to a non-court agency, party, or other similar entity for reception and ultimate transmittal to the court shall be accepted for filing only if: A. No filing fee is required, and; B. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 9 | 807 Facsimile Filing Rule
Filing Timing and Cure Windows
A party seeking to close public proceedings to the news media must give written notice to the court and media coordinator at least 72 hours before the hearing, unless the judge finds good cause, and bears the burden of showing why the proceedings should be closed.
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show cause why the proceedings should not be public as required by statute. The media coordinator's name and mailing address can be secured from the Clerk of Circuit Court or the District Court Administrator.
Page 1 | Part 2: Closure of Proceedings
Attorneys accepting guardian ad litem appointments must submit a bill to the court monthly.
Attorneys accepting guardian ad litem appointments shall submit a bill to the court on a monthly basis.
Page 7 | 803 Court Appointment of Guardians ad Litem
Counsel must submit billing to the Clerk of Court or Register in Probate within 45 days of the final hearing, final order, or other disposition; late billing may not be paid or may receive reduced payment.
Counsel must submit their billing to the Clerk of Court or Register in Probate within 45 days of the final hearing, entry of the final order, or other disposition. If billings are not submitted within that time, they may not be paid or subject to reduced payment.
Page 7 | 802 Payment of Court-Appointed Attorney Fees/Guardian ad Litem Fees
Facsimile papers are considered filed upon receipt by the Clerk of Courts and are the official record of the court and may not be substituted.
Facsimile papers are considered filed upon receipt by the Clerk of Courts and are the official record of the court and may not be substituted.
Page 9 | 807 Facsimile Filing Rule
The sender is responsible for timely, complete receipt, and a fax document is not filed if transmission errors or machine downtime prevent complete receipt.
The party transmitting the facsimile is solely responsible for ensuring the timely and complete receipt of the document. No document will be considered filed where: B. There are errors or material omissions that result from errors in transmission causing missing, incomplete or illegible documents, or; C. The document is not actually received because of periods when the facsimile machine is not operational for any reason.
Page 9 | 807 Facsimile Filing Rule
Fax papers are filed when transmitted, except transmissions after 4:30 p.m. or on weekends or holidays are deemed filed when the Clerk of Courts opens on the next business day.
Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission after 4:30 p.m., or on weekends or holidays, are deemed filed at the opening of the office of the Clerk of Courts on the next business day.
Page 9 | 807 Facsimile Filing Rule
A defendant seeking a hearing on a default-judgment motion must request it in writing within 15 days of the notice.
The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff’s motion within 15 days of the date of the notice, default judgment shall be entered.
Page 10 | 903
Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than 2 business days prior to the hearing of the motion.
Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than 2 business days prior to the hearing of the motion.
Page 10 | 902
Defendants may join issue in any small claims action without appearing on the return date by submitting a written answer, copied to plaintiff and all other parties, provided such answer is received by the Clerk of Circuit Court of Grant County prior to the time set for the return date.
Defendants may join issue in any small claims action without appearing on the return date by submitting a written answer, copied to plaintiff and all other parties, provided such answer is received by the Clerk of Circuit Court of Grant County prior to the time set for the return date.
Page 13 | Part 11: Small Claims Practice
After a probation revocation order, the original sentencing transcript must be filed with the court and a certified duplicate at the institution within 120 days of the order.
1009 Transcripts. In accordance with the Supreme Court 71.04(5)(a), when a prison sentence is imposed and stayed, the court reporter need not prepare the sentencing transcript until final imposition of sentence. Upon receipt by the Clerk of Court of the probation revocation order, the original transcript of the sentencing proceeding shall be filed with the court and a certified duplicate filed at the institution within 120 days from the date of the revocation order.
Page 13 | Part 10: Criminal Law Practice
Evidence of compliance must be provided to the Clerk no later than four months after the order.
IT IS FURTHER ORDERED that each party provide the Clerk of Circuit Court with evidence of compliance with this order not later than four (4) months from the date hereof.
Page 15 | Part 13: Family Law Practice
A motion seeking Circuit Court review of a Family Court Commissioner decision must be filed within 20 days after the written memorandum or order is signed.
A motion of any party for review by the Grant County Circuit Court of a decision of the Grant County Family Court Commissioner, shall be filed with the Grant County Circuit Court within twenty (20) days of the signing of any written memorandum or order by the Family Court Commissioner.
Page 16 | 1306 Time Limits For Filing De Novo Hearing Requests
The parenting plan must be filed no later than five days before the Scheduling Conference.
Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Court’s Office a parenting plan no later than five (5) days before the Scheduling Conference is held.
Page 16 | 1305 Parenting Plans
The court may disregard briefs that are filed untimely.
Briefs filed in an untimely fashion may be disregarded by the court.
Page 10 | 902
Service and Proof of Service Rules
A mortgage foreclosure judgment requires an open-court hearing supported by affidavit or testimony, with notice mailed first class to each defendant’s last known address at least 10 days before the hearing.
No mortgage foreclosure judgment shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants by first class mail to the last known address at least 10 days prior to the hearing date.
Page 10 | 904
When the defendant was not personally served, notice of the default-judgment motion must be sent by regular mail to the defendant’s last known address.
In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant’s last known address.
Page 10 | 903
Notice of a mortgage-foreclosure confirmation-of-sale hearing must be sent by certified mail to all parties who appeared in the action.
In confirmation of sale hearings in mortgage foreclosure actions notice shall be given by certified mail to all parties who have appeared in the action in compliance with § 846.165, Stats.
Page 10 | 904
An opposition brief for a motion other than summary judgment or dismissal must be personally served at least two business days before the hearing or mailed at least three business days before it.
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than 2 business days prior to the hearing or if service is made by mail, no later than 3 business days prior to the hearing.
Page 10 | 902
Civil cases are reviewed for service 90 days after filing, and the court shall initiate a dismissal order if the required service has not been achieved by then.
All civil cases will be reviewed for service 90 days after filing. If at that time sec. 801.02(1), Stats. service has not been achieved, a dismissal order shall be initiated by the court.
Page 10 | 901
Eviction summonses require personal service or certified mail with return receipt requested; certified-mail service is complete three business days after mailing to the defendant’s last known address, whether accepted or not.
a. Eviction Actions. Personal service or service by certified mail, return receipt requested, is required in all eviction actions. Service by certified mail is complete 3 business days after the date of mailing to defendant’s last known address, whether or not the mail is accepted.
Page 13 | Part 11: Small Claims Practice
A written answer used to join issue without appearing must be copied to the plaintiff and all other parties.
Defendants may join issue in any small claims action without appearing on the return date by submitting a written answer, copied to plaintiff and all other parties, provided such answer is received by the Clerk of Circuit Court of Grant County prior to the time set for the return date.
Page 13 | Part 11: Small Claims Practice
Proof of personal service must be filed with the Clerk before the court considers imposing a contempt sanction.
b. Proof of personal service shall be filed with the Clerk of Circuit Court prior to the court considering the imposition of a contempt sanction.
Page 14 | Part 11: Small Claims Practice
Small Claims Orders to Show Cause must be served personally in compliance with § 801.11.
a. All Small Claims Orders to Show Cause shall be served by personal service which complies with the requirements of § 801.11.
Page 14 | Part 11: Small Claims Practice
The blank parenting-plan form must accompany the petition served on the respondent when custody or placement will be contested.
Upon filing a petition where petitioner knows that legal custody or physical placement will be contested, petitioner must attach a blank copy of local Form FA-612, Proposed Parenting Plan (as revised from time to time) to the petition served on the respondent.
Page 15 | 1305 Parenting Plans
The parties must exchange their parenting plans with the opposing party when custody or placement will be contested.
Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Court’s Office a parenting plan no later than five (5) days before the Scheduling Conference is held.
Page 16 | 1305 Parenting Plans
A copy of a qualifying recoupment or reimbursement order must be provided to Grant County’s Corporation Counsel.
When a recoupment order, or order directing reimbursement of Grant County's expenditures for Guardian ad Litem, psychological or psychiatric or like professional services is entered, a copy of that order shall be provided to the Corporation Counsel for Grant County
Page 7 | 804
Mail service to obtain a personal judgment is limited to Grant County.
b. Personal Judgment. Service by mail to obtain personal judgment shall be limited to Grant County.
Page 13 | Part 11: Small Claims Practice
Mail service may not be made to a post office box unless the plaintiff also provides a physical address sufficient to determine whether the location is in Grant County.
c. Service by mail may not be made to a post office box unless the Plaintiff also provides the recipient’s physical address sufficient to identify whether the location is in Grant County.
Page 13 | Part 11: Small Claims Practice
Summonses in Grant County small claims actions may be served by ordinary mail through the Clerk of Court, subject to the stated exceptions and other legal prohibitions.
1101 Service. Service of summons by ordinary mail through the office of the Clerk of Court is hereby authorized in all small claims court actions in Grant County pursuant to § 799.12(3), except as provided herein or as otherwise prohibited by law.
Page 13 | Part 11: Small Claims Practice
In large-claim civil actions where the defendant was personally served, no notice is required before default judgment, except in mortgage foreclosures.
Except as to mortgage foreclosures, no notice to defendant is required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon defendant.
Page 10 | 903
Filing Fees and Waivers
The clerk may charge $1.25 per page for a fax document over 15 pages if the required judicial-exception certification is not provided.
The first page of any document filed by facsimile transmission that is greater than 15 pages in length shall certify on the first page of such document that an exception has been ordered by the applicable judge, otherwise the clerk may charge $1.25 for each page of the facsimile.
Page 9 | 807 Facsimile Filing Rule
Fax documents routed through a non-court recipient are accepted only when no filing fee is required and no additional fee or charge must be paid by the court.
Facsimile documents transmitted to a non-court agency, party, or other similar entity for reception and ultimate transmittal to the court shall be accepted for filing only if: A. No filing fee is required, and; B. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 9 | 807 Facsimile Filing Rule
Direct fax filings are accepted only when no filing fee is required and no additional fee or charge must be paid by the court.
Pursuant to Wis. Stat. 801.16(2) as amended, facsimile documents transmitted directly to the Grant County Circuit Court shall be accepted for filing only if: A. No filing fee is required, and; B. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 9 | 807 Facsimile Filing Rule
Filing Bundling Requirements
A summary judgment or dismissal motion must be filed together with any supporting brief and other supporting documents.
A motion for summary judgment and a motion for dismissal shall be filed with the clerk together with any brief or other supporting documents.
Page 10 | 902
Pre-Motion Conference Requirements
For summary judgment and dismissal motions, the respondent has 20 days to file a response or waive in writing, and any reply is due within 20 days of the response; untimely materials are barred, subject to modification by court order.
The respondent shall have 20 days from the filing of the movant's brief within which to file a responsive brief and supporting documents, or waive in writing the right to do so. If the respondent fails to file a brief and supporting documents, or waiver of the same, within the 20-day period it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. Movant's reply brief, if any, shall be filed and exchanged within 20 days of the date of filing of respondent's brief. A decision shall be based upon the record as timely filed, unless oral argument on the motion is requested by a party. By appropriate court order, these times may be modified.
Page 10 | 902
For motions other than summary judgment or dismissal, a supporting brief must be served and filed with the judge’s clerk with the notice of motion or at least 10 days before the scheduled hearing.
If the movant desires to file a brief in support of a motion other than one for summary judgment or dismissal, the brief shall be served and filed with the judge's clerk with the notice of motion or at least 10 days prior to any scheduled hearing date.
Page 10 | 902
Adjournment & Extension Requirements
If a continuance is requested for good cause, each attorney must notify the Court at the earliest possible time.
If a continuance is requested for good cause, or if the matter is settled, each attorney shall notify the Court at the earliest possible time.
Page 4 | Part 4: Rules of Decorum
A stipulated request to continue a trial date requires the represented party’s attorney’s consent, or the unrepresented party’s consent, in writing or on the record, and must show good cause.
All stipulated requests for continuance of trial date shall require the consent of the attorney for a party or the party if he/she is not represented by counsel in writing or on the record and must be for good cause shown.
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A non-stipulated continuance request must be made by motion and hearing and show good cause or include the party’s written consent.
Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent.
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All continuance requests require court approval.
All requests for continuance are subject to the approval of the court.
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A stipulated request to continue a criminal trial date or calendared matter must be in writing or on the record, show good cause, and include the required victim and witness notification.
Stipulated requests for continuance of the trial date or calendared matters shall be in writing or on the record and must be based on a showing of good cause and proper notification of victims and witnesses as required by sec. 950.04, Stats.
Page 12 | PART 10: CRIMINAL LAW PRACTICE
A non-stipulated criminal continuance or rescheduling request must be made by motion for a hearing, and the victim witness coordinator must notify those entitled to notice.
Non-stipulated requests for continuances or rescheduling must be made to the court by motion for a hearing on the request. Notice of such request shall be sent by the victim witness coordinator to persons entitled under sec. 950.04, Stats.
Page 12 | PART 10: CRIMINAL LAW PRACTICE
A criminal matter cannot be continued or rescheduled until the District Attorney has notified victims and witnesses who requested notice, their interests have been considered, and the District Attorney or victim witness coordinator can so inform the court.
Therefore, no matter scheduled in a criminal case shall be continued or rescheduled unless any victims and witnesses of the crime who have requested notification have been notified by the District Attorney of the continuance or rescheduling request, their interest considered, and the District Attorney or victim witness coordinator can so indicate to the court considering the continuation or rescheduling request.
Page 12 | PART 10: CRIMINAL LAW PRACTICE
A calendaring clerk may reschedule a criminal or Chapter 938 matter on a party’s or counsel’s oral or written request, but neither the clerk nor judge may grant rescheduling without the required victim and witness notification.
A circuit court calendaring clerk may reschedule any criminal or Chapter 938 matter upon the oral or written request of a party or counsel in the proceeding, but neither the clerk nor the assigned judge shall grant any rescheduling request if affected victims or witnesses have not been notified as required by sec. 950.04, Stats.
Page 12 | PART 10: CRIMINAL LAW PRACTICE
Attorneys with foreseeable conflicts in other courts should plan to resolve them in advance whenever possible; if a continuance is granted for such a conflict, the rescheduling court's calendar takes preference.
Attorneys and clients are expected to be in the courtroom on the date and time scheduled. Attorneys with foreseeable time conflicts in other courts will be given due consideration but are expected to plan to resolve the conflict without delay in advance whenever possible. If a continuance is granted due to a conflict in another Court's calendar, the matter will be rescheduled with the rescheduling Court's calendar having preference.
Page 5 | Part 4: Rules of Decorum
Chambers Communication Rules
A party or attorney with security, safety, or conduct concerns must alert the bailiff or judicial assistants as soon as practicable.
A party or attorney having any concerns about personal security, safety, or the actions of any person in the courtroom or court proceeding, including the attorney's client or witnesses, shall alert the bailiff or the judicial assistants of those concerns as soon as practicable.
Page 3 | Part 4: Rules of Decorum
Attorneys have an ethical and professional obligation to meet with their clients prior to the time the client's matter is scheduled in court. Should counsel require time to speak with their clients before proceeding when their matter is called, they shall so inform the court and opposing counsel and request their case be set to the bottom of the calendar to allow them that opportunity.
Attorneys have an ethical and professional obligation to meet with their clients prior to the time the client's matter is scheduled in court. Should counsel require time to speak with their clients before proceeding when their matter is called, they shall so inform the court and opposing counsel and request their case be set to the bottom of the calendar to allow them that opportunity.
Page 3 | Part 4: Rules of Decorum
If a matter is settled, each attorney must notify the Court at the earliest possible time.
or if the matter is settled, each attorney shall notify the Court at the earliest possible time.
Page 4 | Part 4: Rules of Decorum
Emergency matters should first be brought to the Intake Court for assistance.
Any emergency matters are to first contact the Intake Court for assistance.
Page 6 | Part 8: Miscellaneous Provisions
A caller requesting file information must obtain it during the call or, if it is not immediately available, arrange a mutually agreeable time to call the clerk back.
If the request is made by telephone, the requesting party or party's attorney shall obtain the requested information in that telephone call, or if it's not immediately available, arrange with the clerk for a mutually agreeable time to return a call to the clerk to obtain the information.
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Unrepresented parties must contact the Judge’s assistant to schedule a final divorce hearing.
If neither party is represented by an attorney, then the parties and mediator shall sign the stipulation or memorandum of understanding and the Grant County Family Court Commissioner will file it with the Clerk of Circuit Court and provide a letter of explanation to the parties that they must contact the Judge’s assistant for purposes of scheduling a final divorce hearing before the Grant County Circuit Court.
Page 15 | 1304 Mediation Agreements
The parties must contact the Judge’s assistant to schedule a hearing for the Circuit Court to review the mediated agreement.
In the case of a paternity action or other family code action in which the parties have been referred to mediation and in mediation have reached a stipulation/mediation agreement, the original of that stipulation/mediation agreement shall be filed with the Grant County Clerk of Circuit Court, and the Grant County Family Court Commissioner shall instruct the parties, whether they are represented by attorneys or not, that they must contact the Judge’s asssitant to schedule a hearing before the circuit court for the circuit court to review the stipulation/mediation agreement of the parties and to make the appropriate findings and orders.
Page 15 | 1304 Mediation Agreements
The juvenile and children's court policy is available upon request by contacting the Register in Probate’s office by phone.
The policy is available upon request. Contact the Register in Probate’s office at (608) 723-2699.
Page 17 | Part 15: Policies and Procedures of the Juvenile and Children's Court