Grant County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

Service

Personal service

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.

CRITICAL

Applies to

Petition

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Applies to

Parenting plan

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.

CRITICAL

Applies to

Order to show cause

Service

Personal service

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.

CRITICAL

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.

CRITICAL

Applies to

Written answer

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Service

Mail to all parties

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.

CRITICAL

Deadline

2 business days

Service

Personal service to opposing party

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.

CRITICAL

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.

WARNING

Service

Mail

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.

WARNING

Service

Mail

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.

WARNING

Service

Mail

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.

WARNING

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

INFO

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.