Grant County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Parenting plan

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.

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.

CRITICAL

Applies to

Mediation agreement

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.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Proof of compliance

Each party must provide the Clerk of Circuit Court evidence of compliance within four months of 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.

CRITICAL

Applies to

Petition

When custody or placement will be contested, the petitioner must attach a blank Form FA-612 to the petition served on the respondent.

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.

CRITICAL

Applies to

Motion

A movant who does not intend to file a brief or other supporting documents must file a statement waiving the right to do so.

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.

CRITICAL

Applies to

Commissioner order

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.

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.

CRITICAL

Applies to

Family action final hearing

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.

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.

CRITICAL

Applies to

Notice

An attorney seeking probate mailings on a guardianship or trust matter after the guardian or trustee qualifies must file notice in the trust or guardianship file.

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.

CRITICAL

Applies to

Proposed order

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.

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.

CRITICAL

Applies to

Mediation agreement

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.

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.

CRITICAL

Applies to

Motion

A civil motion must comply with the cited statute and state its factual and legal grounds with particularity.

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.

CRITICAL

Applies to

Notice

To stop probate mailings to an attorney or direct them to a different attorney, the attorney or attorneys must file notice 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.

CRITICAL

Applies to

Claim

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.

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.

CRITICAL

Applies to

Facsimile document

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.

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.

CRITICAL

Applies to

Summons

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.

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.

CRITICAL

Applies to

Motion

Supporting papers must be made part of the motion or notice of motion as directed by the cited statute.

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.

CRITICAL

Applies to

Bond

Applicable bonds must include the required fingerprinting condition, even if the court did not specifically order it.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Family action filing

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.

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.

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Mediation agreement

A mediated agreement intended for a temporary order must be presented to the Family Court Commissioner for signing and entry.

Mediated agreements that are to be part of a temporary order are to be presented to the Family Court Commissioner for signing and entry.

CRITICAL

Applies to

Mortgage foreclosure evidence

When a deficiency judgment is sought in a mortgage foreclosure, fair value must be established through appraisal evidence from an appraiser unaffiliated with any party.

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.

CRITICAL

Applies to

Default judgment notice

The notice must advise the defendant that a written hearing request must be made within 15 days of the notice or default judgment will be entered.

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.

CRITICAL

Applies to

Application to amend or dismiss charge

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.

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.

CRITICAL

Applies to

Motion

A motion or application for review must state that it is made within the time limits set by the rule.

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.

CRITICAL

Applies to

Default judgment application

After the time to request a hearing expires, the plaintiff may apply for default judgment and must accompany the application with an affidavit of the notice to the defendant.

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.

WARNING

Applies to

Written request for file information

A written request to the clerk for file information must include a sufficiently stamped, self-addressed return envelope.

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.

WARNING

Applies to

Request for return of filed document

A request for the clerk to return a filed document copy must include another copy and a sufficiently stamped, self-addressed return envelope.

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.

WARNING

Applies to

Motion

If no existing law applies to a motion, the moving party must say so in the moving papers.

If there is no existing law applicable to the motion, the moving party shall so state in the moving papers.

WARNING

Applies to

Guardian ad litem monthly statement

During the appointment, the guardian ad litem must provide the court and parties monthly statements of incurred fees and expenses.

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.

WARNING

Applies to

Parenting plan form

In a joint divorce petition with children, the filing petitioner must deliver the blank parenting-plan form to the other petitioner.

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.

WARNING

Applies to

Motion

A brief or legal memorandum is not required for the listed criminal filings if the motion cites the appropriate statute or supporting case law.

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.

WARNING

Applies to

Motion

When a motion entitles the movant to an evidentiary hearing, the movant may reserve filing a brief or legal memorandum until the hearing is complete, but the motion must still meet the cited statutory requirements.

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.

WARNING

Applies to

Request for clerk to complete document

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.

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.

WARNING

Applies to

Facsimile document

Do not send additional copies or originals of a fax filing.

No additional copies or the originals may be sent.

WARNING

Applies to

Parenting plan form

In a joint divorce petition or pro se action, the filing party must deliver the parenting-plan form to the other joint petitioner or pro se litigant.

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.

WARNING

Applies to

Motion

A brief or legal memorandum is not required for the listed civil motions if the motion cites the appropriate statute or supporting case law.

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.

WARNING

Applies to

Recoupment order

A recoupment order must reflect consideration of the parties’ economic circumstances when the recoupment obligation is set.

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.

INFO

Applies to

Brief

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.

"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.

INFO

Applies to

Written answer

A defendant may join issue without appearing on the return date by submitting a written answer.

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.