Iron County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The Clerk of Court may allow each party one requested adjournment if reasonable cause is presented.
- An adjournment extends the temporary restraining order through the adjourned hearing date unless the court has heard sufficient evidence that an extension may not be warranted.
Request must include
Page & Word Limits1 rule
Length: The document does not exceed fifteen (15) pages in length, excluding the cover sheet.
- Page limit
- Up to 15 pages
Document Format Requirements2 rules
Paper Type & Size: All pages of the document are sized 8 ½ by 11. The facsimile machine maintained by the court uses regular paper.
- Paper size
- Letter
- Facsimile document
This document shall be on the form and in the manner required by the Wisconsin Department of Health and Social Services, Bureau of Vital Statistics.
Document Filing Requirements3 rules
When appointing counsel, the judge must sign an order for the individual to sign agreeing to reimburse the county for fees incurred while counsel represents them.
Court's wording
6.02 Order for Appointment/Reimbursement: At the time the court appoints an attorney to represent an individual, the Judge shall sign an order upon which the individual will affix his/her signature in agreement to reimburse the county fees incurred while the court- appointed attorney remains his/her counsel.
If the conference is successful and a settlement is reached, the parties hall return to the court or place any settlement agreement on the record or provide the agreement in writing to the Clerk of Court for filing.
The party to whom a judgment of divorce is granted shall provide to the court at the time of divorce an original certificate of divorce or annulment.
Filing & Service rules
Electronic Filing Rules
Facsimile documents may be transmitted directly to the court, but are accepted for filing only if the stated requirements are met.
Facsimile documents may be directly transmitted to the courts and shall be accepted for filing only if:
Page 2 | Rule 4: Case Management, § 4.02 Facsimile Transmission
The judge or clerk may permit transmission of facsimile documents that do not conform to the stated rules.
Judicial Authorizations: Documents that do not conform to these rules may be transmitted at the discretion of the Judge or the Clerk of Court.
Page 2 | Rule 4: Case Management, § 4.02 Facsimile Transmission
Filing Timing and Cure Windows
Facsimile papers transmitted after regular court hours are considered filed on the next business day; regular court hours are Monday through Friday, 8:00 a.m. to 4:00 p.m.
Filing Date: Papers filed by facsimile transmissions after regular business hours shall be considered filed on the next business day. The regular court hours are Monday through Friday, 8:00 a.m. to 4:00 p.m.
Page 2 | Rule 4: Case Management, § 4.02 Facsimile Transmission
The plaintiff must complete the directed service within 30 days of the Clerk’s notice or the action will be dismissed for failure of service.
In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service of service by publication within 30 days of the date of the notice or have the action dismissed for failure of service.
Page 3 | 7.03 Unclaimed Mail
The certificate of divorce or annulment must be provided to the court at the time of divorce.
The party to whom a judgment of divorce is granted shall provide to the court at the time of divorce an original certificate of divorce or annulment.
Page 5 | RULE 9: DIVORCE VITAL STATISTICS FORM
The sender is responsible for timely, complete receipt and transmission risks, and the judge and clerk are not responsible for transmission errors, missing or illegible documents, or facsimile-machine outages.
Responsibility for Transmission: The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt and assumes any risks inherent in such transmission. The Circuit Court Judge or Clerk is not responsible for either any errors or failures in transmission that result in missing or illegible documents nor for periods when the circuit court facsimile machine is not operational for any reason.
Page 2 | Rule 4: Case Management, § 4.02 Facsimile Transmission
A plaintiff whose action was dismissed with prejudice for failure to appear may petition within 30 days for permission to commence a new action by paying the filing fee, unless the fee is waived by statute.
7.10 Relief from Dismissal with Prejudice: A plaintiff whose action was dismissed with prejudice for failure to appear may, within 30 days from the dismissal, petition the court for allowance to commence a new action upon the payment of the filing fee, unless the fee is waived as permitted by statute.
Page 4 | 7.10 Relief from Dismissal with Prejudice
A defendant may petition within 30 days of a default judgment to reopen it and permit trial by showing cause and a meritorious defense.
7.12 Relief from Default: A defendant who has a default judgment entered against them may, within 30 days of such judgment, petition the court to reopen the judgment and permit trial, by showing cause and a meritorious defense to the action.
Page 4 | 7.12 Relief from Default
A plaintiff whose action was dismissed without prejudice for failure to appear may file a petition to reopen the matter within 30 days from dismissal, showing good cause.
7.11 Relief from Dismissal Without Prejudice: A plaintiff whose action was dismissed without prejudice for failure to appear may, within 30 days from the dismissal, file a petition to re-open the matter for good cause shown.
Page 4 | 7.11 Relief from Dismissal Without Prejudice
Service and Proof of Service Rules
All pleadings, including motions, briefs, and affidavits, must be filed with the clerk before service on another party.
Wisconsin Statutes Sec. 801.14(4), notwithstanding, all pleadings, including motions, briefs and affidavits, shall be filled with the clerk prior to service upon another party.
Page 1 | Rule 4: Case Management, § 4.01 Filing actions before service
Small-claims pleadings must be personally served on parties residing outside Iron County, and proof of service must be provided at the court proceedings.
All small claims pleadings must be personally served on parties residing outside of Iron County and proof of service must be provide at the time of court proceedings.
Page 3 | 7.01 Service
When a party is required or elects to personally serve a small-claims complaint or amended complaint, proof of service must be filed within 30 days of filing the action.
7.05 Proof of Service: If a party is required or elects to use personal service of a small claims complaint or amended complaint, proof of service shall be filed with the court within 30 days of filing the action.
Page 3 | 7.05 Proof of Service
After unclaimed mail, the plaintiff must obtain personal service or service by publication within 30 days of the notice, or the action will be dismissed for failure of service.
In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service of service by publication within 30 days of the date of the notice or have the action dismissed for failure of service.
Page 3 | 7.03 Unclaimed Mail
Contempt proceedings authorized by Wis. State. 799.26(2) must be personally served at least 72 hours before the hearing.
7.04 Service in Contempt Proceedings: Service of contempt proceedings authorized by Wis. State. 799.26(2) shall be by personal service and served upon the defendant at least 72 hours prior to the hearing time.
Page 3 | 7.04 Service in Contempt Proceedings
Refused mail creates a presumption that the defendant was served when the circumstances indicate the defendant knew the envelope involved legal proceedings.
7.02 Refused Mail: Shall constitute a presumption of service upon the defendant since it indicates that he/she was presented with the envelope but refused to accept it under circumstances indicating that he/she had reason to know that it involved legal proceedings against him/her.
Page 3 | 7.02 Refused Mail
For small-claims pleadings served on a party residing in Iron County, service may be made by first-class mail or certified mail, return receipt requested, except in eviction, replevin, or contempt actions.
Except in eviction, replevin or contempt actions, service of any small claims pleadings may be made by 1st class mail or certified, return receipt requested if the party being served resides within Iron County.
Page 3 | 7.01 Service
Unclaimed mail does not constitute service because there is no presumption that the defendant knew legal proceedings had commenced.
7.03 Unclaimed Mail: Shall not constitute service since there is no presumption that the defendant has reason to know that legal proceedings involving him/her have been commenced.
Page 3 | 7.03 Unclaimed Mail
Filing Fees and Waivers
No filing fee or additional charge is due for the court's acceptance or receipt of a facsimile document.
Filing Fee: There is not a filing fee. No additional fee or charge must be paid to the circuit court for accepting or receiving the facsimile document.
Page 2 | Rule 4: Case Management, § 4.02 Facsimile Transmission
Commencing a new action under this relief procedure requires payment of the filing fee unless the fee is waived as permitted by statute.
7.10 Relief from Dismissal with Prejudice: A plaintiff whose action was dismissed with prejudice for failure to appear may, within 30 days from the dismissal, petition the court for allowance to commence a new action upon the payment of the filing fee, unless the fee is waived as permitted by statute.
Page 4 | 7.10 Relief from Dismissal with Prejudice
A requested docketing fee paid before or when judgment is entered is added to the judgment and notice of entry; a fee paid afterward is a post-judgment award and is not added to the judgment.
7.07 Docketing Fee: If the docketing fee is requested and paid prior to or at the time the court enters judgment on the record, it will be formally added to the judgment and notice of entry of judgment. If paid after the entry of judgment, it will be considered a post- judgment award and will not be added to the judgment.
Page 4 | 7.07 Docketing Fee
Sealing & Redaction Procedures
5.04 Sealed Documents: All sealed documents in any court file shall not be released with the file unless the court specifically orders. All sealed documents shall be removed from the file released as provided herein without such special authorization.
5.04 Sealed Documents: All sealed documents in any court file shall not be released with the file unless the court specifically orders. All sealed documents shall be removed from the file released as provided herein without such special authorization.
Page 3 | 5.04 Sealed Documents
Pre-Motion Conference Requirements
If both parties appear, the judge may order them to begin a settlement conference in the law library.
7.09 Settlement Conference: If both parties appear, the judge may order the parties to commence a settlement conference in the law library.
Page 4 | 7.09 Settlement Conference
Adjournment & Extension Requirements
An adjournment extends the temporary restraining order through the adjourned hearing date unless the court has heard sufficient evidence that an extension may not be warranted.
In the event of any adjournment, the temporary restraining order shall be extended o the date of the adjourned hearing unless the court has heard sufficient evidence indicating an extension may not be warranted.
Page 5 | RULE 10: PROTECTIVE ORDER PROCEDURES
The Clerk of Court may allow each party one requested adjournment if reasonable cause is presented.
7.06 Adjourned Return Date: The Clerk of Court may allow each party one requested adjournment if reasonable cause is presented.
Page 4 | 7.06 Adjourned Return Date
Chambers Communication Rules
The petitioner must notify the Clerk of Court of an adjournment, and the Clerk must notify the Sheriff’s Department of the extension within 24 hours.
Petitioner shall notify the Clerk of Court of any such adjournment and the Clerk of Court shall provide notice to the Sheriff’s Department of such extension within 24 hours.
Page 5 | RULE 10: PROTECTIVE ORDER PROCEDURES