Jackson County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- The responsible agency must notify the Court at least 30 days before an order terminates whether it will seek an extension or allow the order to terminate.
Page & Word Limits1 rule
c)The document does not exceed fifteen (15) pages in length, excluding cover sheet.
- Page limit
- Up to 15 pages
Document Format Requirements8 rules
In civil actions, requested instructions shall be typed on 8 ½ x 11 bond paper
- Paper size
- Letter
- Jury instructions
The motion shall be in writing.
- Motion in limine
Formatting
- •The motion must be in writing
Intake referrals must be submitted in writing using one of the two specified juvenile referral forms.
Court's wording
All intake referrals under 48.24(1) or 938.24(1), Wis. Stats., are to be submitted in writing on the appropriate forms, either the Court Referral—Juvenile, Law Enforcement form or the Court Referral—Juvenile, Non-law enforcement form.
All requests for review of court records involving a juvenile shall be in writing.
All requests for access to court records shall be responded to, in writing, within 48 hours of the request.
Formatting
- •Responses to requests for access to court records must be in writing
1. Fill out the form attached to the notification completely and legibly.
Any special instructions requested shall be typed and identified.
A judge may authorize advance filing of a nonconforming document if good cause is shown and it conforms to 801.16 Wis. Stats.
Court's wording
A Judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with 801.16 Wis. Stats.
Document Filing Requirements59 rules
A guardian ad litem shall submit his/her recommendation, in writing, with copies to the parties.
A final bill is due at the final hearing.
Once the report is filed, the parties shall request a final hearing (designating “stipulated” or “contested”).
The mediator shall report the results of the mediation to the Court.
The guardian ad litem shall also submit an interim bill to the Court and parties when the report is submitted.
identified by its Wisconsin JI- Civil Number on the lower right-hand corner of each page.
All pleadings and papers, which must be filed in any action, shall bear in the caption the case number assigned by the Clerk of Court when the action is commenced.
- Document
- Pleadings and papers
- Placement
- Caption
Must include
- •Case number
The movant must present only the factual propositions it considers necessary to judgment in its favor and undisputed.
Court's wording
Whether a movant elects a stipulation or a statement of proposed findings, or both, it is the movant's obligation to present no more and no less than the set of factual propositions which the movant considers necessary to judgment in the movant's favor, and as to which the movant considers there is no genuine issue.
Such factual propositions shall be set forth in numbered paragraphs, the contents of each of which shall be limited as far as practicable to the statement of a single factual proposition.
A. The motion itself together with such materials permitted by 802.08 Wis. Stats. as the movant's may elect to serve and file;
B. Either (1) a stipulation of facts between or among all the parties to the action, or (2) a statement of the findings of fact proposed by movant, or (3) a combination of (1) and (2).
Each numbered factual paragraph must end with supporting record references, with citations identifying the specified location or details for each type of record.
Court's wording
At the close of each numbered paragraph shall be set forth one or more references to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS² supporting movant's contention there is no genuine issue as to that factual proposition. References to the record shall include: (a) In the case of a pleading, the numbered paragraph of that pleading; (b) In the case of a deposition transcript, the name of the witness and the page of the transcript; (c) In the case of an answer to an interrogatory, the number of that interrogatory and the identity of the party to whom it was directed; (d) In the case of an admission in response to, or resulting from a failure to respond to, a request for admission made pursuant to 804.11 Wis. Stats., the number of the requested admission and the identity of the party to whom it was directed; (e) In the case of an admission on file which is not in response to, or resulting from a failure to respond to, a request for admission made pursuant to§804.11 Wis. Stats., the form such admissions takes and the page or paragraph of the document is which that admission is made. Admissions made solely for the purpose of the motion for summary judgment should be so designated.
Affidavits must be made on personal knowledge setting forth such facts as would be admissible in evidence, and showing affirmatively the affiant is competent to testify to the matters stated therein.
C. A statement of the conclusions of law proposed by movant, in numbered paragraphs.
A response to proposed conclusions of law must state whether each numbered conclusion is agreed or disputed and precisely identify any disputed portion.
Court's wording
With respect to each such numbered proposed conclusions, the said response shall state clearly whether the said conclusion is agreed to or disputed in whole or in part. If the dispute is partial, the response shall state precisely which portion of the proposed conclusion is disputed.
For each disputed proposed finding, the response must refer to the specified record materials that respondent believes create a genuine issue.
Court's wording
With respect to any paragraph or part of a paragraph of the movant's proposed findings of fact as to which it is contended that a genuine issue exists, the response shall refer to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS complying with 802.08 Wis. Stats., which respondent believes give rise to said genuine issue.
A response to proposed findings must state whether each numbered factual proposition presents a genuine issue and precisely identify any disputed portion.
Court's wording
With respect to each numbered paragraph of the movant's proposed findings of fact, the said response shall state clearly whether there is a genuine issue as to the whole or a part of the said factual proposition. If it is contended that there is a genuine issue only as to a part of the said factual proposition, the response shall identify precisely the said part of the numbered paragraph.
It is the duty of the parties to bring to the Court's attention by specific reference to the record as outlined in paragraphs I.B., III.B., and IV.B., all factual and legal matters material to the resolution of the issues in dispute.
1.Each known victim of a child's act shall receive timely notice of the following information. a)The procedure for obtaining the identity of the child and the child's parents. b) The procedure under 48.396(5) for obtaining the child's police records. c) The potential liability of the child's parents under 895.035. d) Either: i) General information regarding any informal agreement under 48.245, any consent decree under 48.34 to 48.345. The information shall not include specific details of the order except for details relating to restitution or repair to property; or ii) The procedure the victim may follow for obtaining the information in Subd. 1. iii) The notice under sub. (1) Shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violation.
A victim petitioning for disclosure of covered records must submit a written petition describing as specifically as possible the information sought, the reason for seeking it, the basis for believing it is in the records, its relevance, and efforts to obtain it elsewhere.
Court's wording
i) 5(a) Any victim of a child's act may petition the Court to order the disclosure of the records governed by sub. (1). The petition shall be in writing and shall describe as specifically as possible all of the following: b) The type of information sought. c) The reason the information is being sought. d) The basis for the petitioner's belief that the information is contained in the records. e) The relevance of the information being sought to the petitioner's reason for seeking the information. f) The petitioner's efforts to obtain the information from other sources.
The motion shall be supported by an affidavit setting forth the facts upon which the moving party relies; and, (c) A memorandum of the law that applies to the issues raised by the motion.
Motions not submitted in accordance with these rules will not be considered by the Court, without showing of good cause for failure to comply.
In Chapter 767 proceedings, counsel for the recipient must file an Interim Disbursement Order, Form FA-607, immediately after the hearing establishing the payment amount.
Court's wording
In all proceedings under Chapter 767, the attorney representing the recipient of child support, family support, maintenance or other payments to be disbursed by the Clerk of Court shall file with the Court immediately following the hearing establishing the amount of such payments, an "Interim Disbursement Order." (Form Number FA-607).
The referral agency shall be required to complete the custody intake referral form before intake is notified.
When recommending an out-of-home placement, the intake worker must ensure the AFSA warnings are in writing.
Court's wording
That upon making any request of the Court recommending that the child/juvenile be placed outside the home, the intake worker shall have prepared for the court proceedings and the AFSA warnings shall be in writing and the intake worker shall be prepared to testify in court as to a factual basis for said warnings.
Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.
For a Youth Village placement agreement or extension, intake must provide written notice to the judge or juvenile court commissioner along with a proposed compliance order.
- Document
- Deferred prosecution agreement notice
Must include
- •Proposed order
Court's wording
Any deferred prosecution agreement that includes placement in a Youth Village as described in 118.42, intake shall provide written notice of that agreement or extension of that agreement to the Circuit Judge or juvenile court commissioner along with a proposed order for the court official to sign requiring compliance with that agreement.
The juvenile court clerk shall file the court copy of the deferred prosecution agreement and order in a group file.
The signed JD-1716 must be filed in the court file; if it is unsigned, the clerk must file a copy noting who received notice and when.
Court's wording
c) If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile Court Clerk shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.
Court reports that have been ordered by the Court shall be completed and filed with the Court not less than four working days before the scheduled dispositional hearing.
The signed JD-1716 must be filed in the intake worker’s file; if it is unsigned, the worker must file a copy noting who received notice and when.
Court's wording
b) If signed, the signed copy of JD-1716 shall be filed in the juvenile intake worker's file. If the child/juvenile or parent(s) did not sign, the juvenile intake worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.
Upon making any dispositional report recommending that the child/juvenile be placed outside the home, the dispositional worker shall have prepared 48 hours prior to the hearing date the AFSA warnings as set forth by either State or Federal law.
All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for determination of status—delinquency.
1. An itemized attorney's bill will accompany the Final Account; the bill will show the amount of time involved with each transaction or work performed, the hourly rate of the person performing such work, and a statement of approval by the Petitioner/Personal Representative; or
Orders appointing a Guardian ad Litem for a minor must include the specified eligibility certification before the lawyer's signature accepting the appointment.
- Document
- Order appointing guardian ad litem
- Placement
- Signature block
Court's wording
After June 30,1999, all orders appointing Guardian ad Litems for minors shall have the following certification proceeding the lawyer's signature accepting the appointment: I, ___________________ do hereby represent and certify to the appointing court that I am eligible to accept this appointment as Guardian ad Litem for ____________________ as required by SCR 35.01.
All motions must state the grounds "with particularity." 971.30, Wis. Stats. Failure to comply with this requirement shall be grounds for dismissal of the motion.
- Document
- Motion
Must include
- •State the grounds with particularity
Section 5: A payment schedule established under this rule shall be put in writing, signed by the obligor, and submitted to the Circuit Judge for approval.
Parties requesting attorney's fees or exemplary damages in excess of those listed within the normal brackets listed above shall submit a bill of costs, and statutory authority for the Judge's approval.
An Affidavit of Non Military Service must be completed and filed before the initial court date in order to obtain a default judgment.
In eviction matters, proof of the defendant receiving prior notice terminating tenancy must be filed with the court at the time of filing the summons/complaint.
If the case is not resolved by mediation, the defendant shall file a written answer with the clerk and mail a copy to the plaintiff within 20 days of the return date.
A Defendant receiving notification of a lawsuit must submit a Request for Mediation to the Court in writing within THIRTY (30) DAYS of the date notification from the Plaintiff is received.
(Proof of Notification to the Defendant must be filed within thirty (30) days of service of the Summons and Complaint).
Loan Servicers are also required to determine if the loan is covered by the guidelines of the Homeowner Affordability and Stability Plan (HAMP) or other debt relief laws then in effect and shall provide evidence that this applicable requirement has been met.
The legal authority for such an instruction being submitted to the Court shall be filed separately in the form of a cover letter or trial brief.
All blanks shall be completed and alternate clauses shall be omitted or inserted as appropriate.
The factual propositions should include all of the "basic" facts necessary to a decision on the motion, including those going to jurisdiction, to the identity of the parties, and to the background of the dispute.
The said reference to the record shall be made with that specificity required by I.B.4., above.
With respect to such presentation of factual propositions not stated by the movant, the said opposing party shall comply with the requirements set forth in I.B., above.
To the extent that said statement in rebuttal requires record references not earlier made by movant, the said references shall be made with that specificity required by I.B.4., above.
An intake referral is not required if all four stated custody, hearing, and petition conditions are met.
Court's wording
Intake referrals under 48.24(1) or 938.24(1), Wis. Stats., are not required if all of the following have occurred: a. A custody intake decision was made pursuant to 48.19 or 938.19, Wis. Stats.; b. A hearing on the custody has been held pursuant to 48.21 or 938.21, Wis. Stats.; c. The person has been continued in custody (secure or non-secure); and, d. A petition was filed with the Court at or prior to the custody hearing, or the Court has authorized an extension of time to file a petition.
In lieu of an itemized bill, the Final Account may include the stated approval and certification from the Petitioner/Personal Representative.
Court's wording
2. In lieu of furnishing an itemized bill for services rendered, the final account may contain a statement of approval from the Petitioner/Personal Representatives as follows: Petitioner/Personal Representative has examined the statement of ______________________________ (Name of law firm) for professional fees and disbursements for these probate proceedings and finds them fair and reasonable and requests their allowance. I hereby certify that the statement of fees and disbursements have been furnished to each person or entity entitled to a copy of the Final Account and no objection has been received by the petitioner/Personal Representative concerning that bill. __________________________________________ (Signature of Petitioner/Personal Representative.)
An opposing party may present additional undisputed material factual propositions by stipulation, proposed findings, or a combination of both.
Court's wording
If an opposing party believes the motion for summary judgment must fail because of material facts not stated by the movant and as to which it is considered there is no genuine issue, the said opposing party may present such other factual propositions either by means of: a) A stipulation of facts between or among all of the parties to the action; or b) A statement of the findings of fact proposed by said opposing party; or c) A combination of "a" and "b".
The movant may submit rebuttal statements addressing responses to proposed findings and findings proposed in the response.
Court's wording
A statement in rebuttal to the response or responses to any numbered paragraph of the movant's initially proposed findings of fact, and a statement in rebuttal to any numbered paragraphs of findings of fact initially proposed in the response or responses.
With the rebuttal described in IV, above, the movant may, but is not required to, serve and file a rebuttal brief.
A statement in rebuttal to the response or responses with respect to the form of judgment.
An opposing party may state additional conclusions of law that it believes require denial of the summary-judgment motion.
Court's wording
If an opposing party believes the motion for summary judgment must fail because of conclusions of law not stated by movant, that party may state such other conclusions of law.
Such materials permitted by 802.08 Wis. Stats., which movant may elect to serve and file in rebuttal.
The movant may submit rebuttal statements addressing responses to proposed conclusions of law and conclusions proposed in the response.
Court's wording
A statement in rebuttal to the response or responses to any numbered conclusion of law initially proposed by the movant, and a statement in rebuttal to any numbered conclusion of law initially proposed in the response or responses.
Filing & Service rules
Electronic Filing Rules
Facsimile filing directly with the court is permitted only if the listed machine, location, page-limit, and fee conditions are met.
Facsimile documents may be transmitted directly to the Circuit Court for Jackson County for filing only if: a) The Circuit Court has a facsimile machine capable of reproducing documents that meet the Supreme Court Rule 72.01 concerning retention of filed documents. Only plain-paper facsimile machines currently comply with this requirement. b) The Circuit Court has a facsimile machine physically located within the offices of the Clerk of Circuit Court or the Register in Probate. c)The document does not exceed fifteen (15) pages in length, excluding cover sheet. d) No filing fee is required. e)No additional fee or charge must be paid to the Circuit Court for accepting or receiving the facsimile document.
Page 6 | Rules for Transmission and Filing of Facsimile Documents to Jackson County Circuit Court
Facsimile documents sent through a noncourt intermediary must be accepted for filing if no filing fee or additional charge to the court is required.
Facsimile documents transmitted to a noncourt agency, party or company for reception and ultimate transmittal to the Court shall be accepted for filing only if: a)No filing fee is required. b) No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.
Page 6 | Rules for Transmission and Filing of Facsimile Documents to Jackson County Circuit Court
Facsimile transmissions to the Clerk of Circuit Court are file-stamped and placed in the file, their transmission sheets are destroyed, and any original later received is destroyed.
Section 1: All documents, pleadings or other messages transmitted by facsimile to the Clerk of Circuit Court for Jackson County shall be "file stamped" and the fax document shall be placed in the file. The transmission sheet shall be destroyed. Section 2: Thereafter, if the Clerk of Courts receives the original of the fax document(s), the original document shall be destroyed.
Page 40 | 40.FILING OF FAX TRANSMISSIONS WITH CLERK OF COURT
Filing Timing and Cure Windows
Trial briefs must be filed at least two business days before trial or by the scheduling-order date, whichever is easier.
When submitted, they shall be filed with the Court at least two business days prior to trial or on the date provided by the scheduling order, whichever is easier.
Page 4 | 21. FURNISHING TRIAL BRIEFS
A jury-trial demand in a traffic case must be filed within ten days after the initial pretrial date to be honored.
The Court will honor a demand for jury trial in traffic cases that are filed within ten (10) days after the initial pretrial date.
Page 4 | 24. JURY TRIAL – TRAFFIC/ORDINANCE VIOLATIONS
In traffic or criminal cases, requested instructions must be submitted at least 10 days before trial.
In traffic or criminal cases, requested instructions shall be submitted at least ten (10) days prior to the trial.
Page 5 | Jury Instructions
Respondent must file a responsive brief and supporting materials within 45 days of the motion filing.
B. Responsive brief and supportive materials by Respondent within 45 days of motion filing.
Page 9 | Procedures on Motion for Summary Judgment
Petitioner must file a reply within 20 days of receiving Respondent’s pleadings.
C. Petitioner’s reply within 20 days of receipt of Respondent’s pleadings.
Page 9 | Procedures on Motion for Summary Judgment
A motion in limine must be filed at least 48 hours before trial and is heard at 8:30 AM on the trial date unless the Court schedules it otherwise.
The motion shall be filed not less than 48 hours prior to the trial and will be heard at 8:30 AM on the date of trial, unless otherwise scheduled by the Court.
Page 13 | 34 MOTIONS IN LIMINE
The Interim Disbursement Order must be filed immediately after the hearing that establishes the payment amount.
In all proceedings under Chapter 767, the attorney representing the recipient of child support, family support, maintenance or other payments to be disbursed by the Clerk of Court shall file with the Court immediately following the hearing establishing the amount of such payments, an "Interim Disbursement Order." (Form Number FA-607).
Page 14 | 36. INTERIM DISBURSEMENT ORDER
When the stated conditions apply in a Chapter 938 matter, the petition must be filed within 48 hours after the custody hearing.
If a petition under either Chapters 48 or 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: a. Chapter 938 matters: 48 hours from the time of the hearing.
Page 25 | Section 6: Custody hearings and petitions
When the stated conditions apply in a Chapter 48 matter, the petition must be filed within 72 hours after the custody hearing, excluding Saturdays, Sundays, and legal holidays.
If a petition under either Chapters 48 or 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: b. Chapter 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.
Page 25 | Section 6: Custody hearings and petitions
Court-ordered reports must be completed and filed at least four working days before the scheduled dispositional hearing.
Court reports that have been ordered by the Court shall be completed and filed with the Court not less than four working days before the scheduled dispositional hearing.
Page 32 | Section 10: Dispositional activities
A dispositional hearing in a transferred matter must be set within 30 days after the transfer documents are received.
If a matter has been transferred from another county to this county for a dispositional hearing, the dispositional hearing shall be set within 30 days of receipt of the transfer documents from the other county.
Page 33 | Policy and Procedure Manual of the Juvenile and Children's Court
The written response to a request for access to court records is due within 48 hours of the request.
All requests for access to court records shall be responded to, in writing, within 48 hours of the request.
Page 36 | Section 13: Requests to review court files involving juveniles
A motion in a criminal matter must be scheduled and notice given when it is filed.
Any motion in a criminal matter shall be scheduled and notice given at the time of filing.
Page 40 | 41. MOTIONS IN CRIMINAL MATTERS.
The return date in an eviction action must be no more than 25 days after the summons is issued.
The return date in an eviction action is a maximum of 25 days after the summons is issued.
Page 47 | Re: Small Claims
If mediation does not resolve the case, the written answer must be filed within 20 days of the return date.
If the case is not resolved by mediation, the defendant shall file a written answer with the clerk and mail a copy to the plaintiff within 20 days of the return date.
Page 47 | Re: Small Claims
The affidavit must be filed before the initial court date to obtain a default judgment.
An Affidavit of Non Military Service must be completed and filed before the initial court date in order to obtain a default judgment.
Page 47
The text sets a 30-day period after appearance for the stated residential-tenancy matter to be held and completed.
the premises in an action involving a residential tenancy must be held and completed within 30 days after the date of appearance.
Page 47
Proof of notification to the defendant must be filed within 30 days after service of the summons and complaint.
(Proof of Notification to the Defendant must be filed within thirty (30) days of service of the Summons and Complaint).
Page 48 | Re: Mediation in Civil Actions
A defendant’s written Request for Mediation is due within 30 days after receiving the plaintiff’s notification.
A Defendant receiving notification of a lawsuit must submit a Request for Mediation to the Court in writing within THIRTY (30) DAYS of the date notification from the Plaintiff is received.
Page 48 | Re: Mediation in Civil Actions
The court, judge, and clerk are not responsible for transmission errors or failures that cause documents to be missing or illegible.
The Circuit Court, Judge or Clerk is not responsible for: a) Errors or failures in transmission that result in missing or illegible documents.
Page 6 | Rules for Transmission and Filing of Facsimile Documents to Jackson County Circuit Court
The party transmitting a facsimile document is responsible for ensuring that the court receives it timely and completely.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
Page 6 | Rules for Transmission and Filing of Facsimile Documents to Jackson County Circuit Court
The movant may, but is not required to, serve and file rebuttal materials on or before the date set in the Court’s schedule.
On or before the date specified in the schedule issued by the Court, the movant may, but is not required to, serve and file in rebuttal any or all of the following items.
Page 10 | Procedures on Motion for Summary Judgment
a) If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant 48.24 or 938.24, Wis. Stats., has been filed within a timely manner. Rationale: Persons who are taken into custody must not be left in a "limbo" status. Intake inquiries must be promptly filed in order to initiate the formal court process. Five days is an appropriate maximum amount of time for the requesting agency to file the intake referral.
a) If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant 48.24 or 938.24, Wis. Stats., has been filed within a timely manner. Rationale: Persons who are taken into custody must not be left in a "limbo" status. Intake inquiries must be promptly filed in order to initiate the formal court process. Five days is an appropriate maximum amount of time for the requesting agency to file the intake referral.
Page 23 | Deadline for potential if no custody hearing is requested
Use of mediation may extend the time to file a responsive pleading until the applicability of a settlement alternative is determined.
Use of the Mediation (ADR) may extend the time for filing a responsive pleading until the applicability of a settlement alternative is determined.
Page 48 | Re: Mediation in Civil Actions
Service and Proof of Service Rules
Trial briefs furnished to the Court must also be provided to opposing counsel.
Trial briefs furnished to the Court shall be provided to opposing counsel.
Page 4 | 21. FURNISHING TRIAL BRIEFS
Motion papers must be filed with the Clerk before service on opposing parties; Rule 41 supersedes this procedure in criminal practice.
Motions, affidavits, briefs and supporting papers shall be filed with the Clerk of Court prior to service on opposing parties. Rule 41 supercedes this rule in criminal practice. See Rule 41.
Page 4 | 22. MOTION PRACTICE
A summary judgment motion in the required form must be served and filed together with a supporting brief.
A motion for summary judgment in the form required by A., above, shall be served and filed together with a supporting brief.
Page 8 | Procedures on Motion for Summary Judgment
The specified response must be served together with the opposition brief.
The response in the form required by B, above, shall be served and filed together with a brief in opposition to the motion for summary judgment.
Page 10 | Procedures on Motion for Summary Judgment
If the inquiry or proceeding ends without an informal agreement, consent decree, or dispositional order, a reasonable attempt must be made to inform each known victim that it has terminated.
iv) If an inquiry or proceeding is closed, dismissed, or otherwise does not result in an informal agreement, consent decree or dispositional order, a reasonable attempt shall be made to inform each known victim of the child's alleged act that the inquiry or proceeding has been terminated.
Page 11 | Procedures for Notice to Victims and Disclosure of Identity of Children's Acts
The Jackson County District Attorney's office must timely notify all victims of children's acts in writing of the information specified in Wis. Stat. § 48.346(1).
2) The Jackson County District Attorney's office shall timely notify all victims of children's acts in writing of the information included in 48.346(1) as outlined by statute.
Page 12 | Procedures for Notice to Victims and Disclosure of Identity of Children's Acts
The Court must notify the child, the child's counsel and parents, and appropriate law enforcement agencies in writing of the petition; if a notified person objects, the Court may hold an evidentiary hearing on the petitioner's need for disclosure.
g) The Court shall notify the child, the child's counsel, the child's parents and appropriate law enforcement agencies in writing of the petition. If any person notified objects to the disclosure, the Court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.
Page 12 | Procedures for Notice to Victims and Disclosure of Identity of Children's Acts
If the victim is a child, notice must be given to the child's parents, guardian, or legal custodian.
v) If the victim is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.
Page 12 | Procedures for Notice to Victims and Disclosure of Identity of Children's Acts
A petition seeking release of police records requires notice to all interested parties from the juvenile clerk, and an objection prompts a hearing on reasonable notice.
A petition under this section requesting release of police records shall require notice to all interested parties. The juvenile clerk shall give said notice. The Court will conduct a hearing upon reasonable notice, if any person objects to disclosure, to determine the need for disclosure of the information.
Page 13 | RULES FOR IMPLEMENTATION OF DISCLOSURE OF JUVENILE RECORD INFORMATION
After the order is signed, intake must provide written copies of the agreement and order to the juvenile, parent or custodian, service agency, and juvenile court clerk.
Upon signing of the order, intake shall provide written copies of the agreement and order to: · The juvenile; · The parent, guardian, or legal custodian; · The agency providing services under the agreement; and, · The juvenile court clerk.
Page 30 | Policy and Procedure Manual of the Juvenile and Children's Court
If the nonattending parent’s address is known, the juvenile Court Clerk must send that parent form JD-1716 immediately after the custody hearing.
b) If a parent does not attend the custody hearing, the juvenile Court Clerk shall send a copy of the written form JD-1716 to the nonattending parent if the address is known immediately at the conclusion of the hearing.
Page 31 | Section 8: Notice to victims of children's acts
The agency must send the report to the attorneys involved and directly to any unrepresented parents.
The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.
Page 32 | Section 10: Dispositional activities
The agency must send all parties entitled to notice a copy of its communication to the Court, whether it is a petition or letter.
The agency shall ensure that copies of the communication to the Court (whether Petition or letter) shall be sent to all parties entitled to notice.
Page 33 | Section 11: Extensions of dispositional orders
Written motions, supporting papers, and notice must be served at least 10 days before the hearing unless statute or court order sets a different period; time is computed under Wis. Stat. § 801.15.
A written motion, any supporting papers, and notice shall be served not later than 10 days before the date for the hearing, unless a different period is fixed by statute or by order of the court. Time shall be computed as set forth in 801.15,Wis. Stats.
Page 41 | Motion Practice
For a defendant residing in Jackson County, a monetary claim may be served by mail and a return-of-property claim by certified mail.
If the defendant resides in Jackson County, service can be completed by mail for a monetary claim and certified mail for a return of property claim.
Page 47 | Re: Small Claims
Eviction actions may be served by certified mail or personal service.
Eviction actions may be served by either certified mail or personal service.
Page 47 | Re: Small Claims
If the defendant resides outside Jackson County, the action must be served personally.
All actions commenced where the defendant resides outside of Jackson County must be personally served.
Page 47 | Re: Small Claims
If mediation does not resolve the case, the defendant must mail a copy of the written answer to the plaintiff within 20 days of the return date.
If the case is not resolved by mediation, the defendant shall file a written answer with the clerk and mail a copy to the plaintiff within 20 days of the return date.
Page 47 | Re: Small Claims
In a small claims action, the summons and complaint must be served on the defendant.
If a small claims action is commenced, the summons and complaint must be served on the defendant.
Page 47 | Re: Small Claims
When service is completed by the sheriff or a personal process server, a certificate of service must be on file with the Clerk of Courts before the return date.
If service is completed by sheriff service or personal process server, you must have the certificate of service on file with the Clerk of Courts office PRIOR to the return date.
Page 47 | Re: Small Claims
In foreclosure, credit-card collection, and creditor/debtor actions, the plaintiff must inform the defendant that either party may request mediation and serve the mediation notice within 30 days after service of the summons and complaint.
In actions of foreclosure, credit card collections and creditor/debtor actions, the court requires plaintiff to inform defendant that Mediation, (ADR) may be requested by either party. Plaintiff must serve Local Rule #48 notice regarding mediation within 30 days from the time the Defendant is served with the Summons and Complaint.
Page 48 | Re: Mediation in Civil Actions
In foreclosure actions, the plaintiff must determine who occupies the property and notify any occupants other than the defendant of the pending foreclosure.
In foreclosure actions, plaintiff shall determine whether and by whom the subject real estate is occupied and if occupied by persons other than the defendant, plaintiff shall give notice of the pending action of foreclosure to the occupants.
Page 48 | Re: Mediation in Civil Actions
A petition seeking release of a child's or parent's name is reviewed without a hearing notice.
A petition filed on behalf of a victim of a child's act under 49.396(5)(a) for release of the child's name and/or the names of the parents of the child, shall be reviewed by the Jackson County Circuit Judge without notice of hearing under 48.396(6).
Page 13 | RULES FOR IMPLEMENTATION OF DISCLOSURE OF JUVENILE RECORD INFORMATION
Filing Fees and Waivers
Facsimile documents transmitted through a noncourt intermediary may not require a filing fee or an additional charge to the court.
a)No filing fee is required. b) No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.
Page 6 | Rules for Transmission and Filing of Facsimile Documents to Jackson County Circuit Court
Direct facsimile filing requires no filing fee or additional charge to the court.
d) No filing fee is required. e)No additional fee or charge must be paid to the Circuit Court for accepting or receiving the facsimile document.
Page 6 | Rules for Transmission and Filing of Facsimile Documents to Jackson County Circuit Court
The filing and service fees will be added onto the judgment amount so be sure to include a copy of your invoice.
The filing and service fees will be added onto the judgment amount so be sure to include a copy of your invoice.
Page 47 | Re: Small Claims
Sealing & Redaction Procedures
Before inspection for a specified serious juvenile offender records request, the clerk must determine whether the alleged offense qualifies and, if it does, remove specified reports and records concerning sensitive personal information; questions about release must be referred to the assigned judge.
Requests pursuant to 938.396(2m)(a): If a request is for access to juvenile court records made by any person under 938.396(2m)(a) for juvenile alleged to have committed an offense enumerated in 938.34(4h)(a) (Serious Juvenile Offender crimes), the Juvenile Court Clerk shall before releasing the file for inspection: a) Determine if the juvenile is alleged to have committed a crime specified in 938.34(4h)(a); and, if so, b) Remove from the file all reports under 938.295 (physical, mental, psychological, or developmental examination reports) or 938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.
Page 35 | Section 13: Requests to review court files involving juveniles
If the Court grants an expunction petition, the clerk must seal inside the court file all documents referring to the adjudication, including the listed orders, reports, motions, petitions, and minute sheets.
Seal inside the court file all documents referring to the adjudicating, including but not limited to: · the dispositional order · the dispositional court report · all motions and orders concerning extensions, revisions, or changes of placement · all petitions and orders for sanctions · all minute sheets referring to the adjudication or other post-adjudication proceedings · the petition and order for expunction
Page 35 | Section 14: Expunction of the record of a delinquency adjudication
For a specified felony-records request, the clerk must confirm the juvenile is currently charged with a felony and was previously adjudicated delinquent, then remove specified reports and records concerning sensitive personal information before inspection; questions about release must be referred to the assigned judge.
Requests pursuant to 938.396(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall: a) First make all of the following determinations: · That the juvenile is currently charged with a felony · That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding, b) Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with the sensitive personal information of the juvenile and the juvenile's family. If the Juvenile Court Clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.
Page 35 | Section 13: Requests to review court files involving juveniles
For specified requests, the clerk must assess whether release could create imminent danger and, if so, refer the matter to the assigned judge or prepare a version with the potentially dangerous information blocked; the requester may move the Court to challenge the blocking.
If a request is made by a juvenile, parent, guardian or legal custodian under 938.396(2)(ag) or (am), before release of any information requested, the Juvenile Court Clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the Juvenile Court Clerk believes such a result might occur, the juvenile court clerk shall either: a) Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release; or, b) Prepare a version of the information requested with the potentially dangerous information blocked out. The requester may bring a motion to the Court if the requester believes the information should not have been blocked.
Page 35 | Section 13: Requests to review court files involving juveniles
Filing Bundling Requirements
The summary judgment motion and its supporting brief must be served and filed together.
A motion for summary judgment in the form required by A., above, shall be served and filed together with a supporting brief.
Page 8 | Procedures on Motion for Summary Judgment
The specified response must be served and filed together with the opposition brief.
The response in the form required by B, above, shall be served and filed together with a brief in opposition to the motion for summary judgment.
Page 10 | Procedures on Motion for Summary Judgment
The motion and its notice stating the hearing date and time must be filed together.
The motion and notice of motion setting forth the hearing date and time shall be filed together.
Page 41 | Motion Practice
Pre-Motion Conference Requirements
Summary judgment motions are submitted for decision without oral argument unless the Court directs otherwise.
All motions for summary judgment shall be considered as submitted for ruling without oral argument, unless the Court otherwise directs.
Page 11 | Procedures on Motion for Summary Judgment
The response briefing schedule provides a brief within 15 days of motion filing unless the Court sets a different schedule at the parties' request; the procedure may be waived on a party's request with Court approval.
II. When a motion and supporting brief have been served and filed in compliance with A., above, the court orders the following schedule for the procedures described in C. and D., below, unless the Court establishes a different briefing schedule at the parties request. III. RESPONSE: Briefing Schedule: A. Brief of a filing party within 15 days of the motion filing. This rule may be waived upon request of a party and approval granted by the Court.
Page 8 | Procedures on Motion for Summary Judgment
Adjournment & Extension Requirements
Continuance motions must follow Wis. Stat. § 802.10, though the Court may waive hearing time limits for adequate reason.
Motions for continuance shall be made in accordance with 802.10 Wis. Stats. For adequate reason, the time limitations for hearing may be waived by the Court.
Page 4 | 23. CONTINUANCES
The responsible agency must notify the Court at least 30 days before an order terminates whether it will seek an extension or allow the order to terminate.
The agency primarily responsible for implementation of a dispositional order shall notify the Court at least thirty days prior to the termination of an order as to whether the agency will seek to extend the dispositional order or to allow it to terminate.
Page 33 | Section 11: Extensions of dispositional orders
An extension request received during the 30 days immediately before an order terminates must include a request for a temporary 30-day extension to allow a hearing to be scheduled.
A request to extend a dispositional order received during the thirty-day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under 48.365(6) or 938.365(6), Wis. Stats., in order to schedule a hearing.
Page 34 | Section 11: Extensions of dispositional orders
The Court must schedule a hearing on every extension request and, for a request filed in the final 30 days, must try to schedule it before termination; if that cannot be done, the Court will grant a temporary 30-day extension.
The Court shall schedule an extension hearing in all cases where a request for an extension is filed. If the extension request is filed during the thirty-day period immediately prior to the termination of the order, the Court shall attempt to schedule the case before the termination date. If the Court cannot schedule the matter before the termination date, the Court will grant the request for a temporary thirty-day extension under 48.365(6) or 938.365(6), Wis. Stats.
Page 34 | Section 11: Extensions of dispositional orders
If the defendant or an interested party appears at the scheduled default-motion hearing, the matter will be adjourned so the plaintiff can appear and present appropriate evidence.
In the event the defendant or any interested party appears on the date of the scheduled motion hearing, the matter will be adjourned to permit plaintiff to appear and present whatever evidence as may be appropriate.
Page 5 | Default Procedures
The Court will not routinely waive time limits.
The Court will not routinely waive time limits.
Page 15 | Section 2: General policies
An extension takes effect when the existing order terminates, regardless of the hearing date; if the order was temporarily extended, the extension takes effect when that temporary extension ends.
All extensions of a dispositional order shall take effect at the termination date of the dispositional order being extended regardless of the date of the hearing on the extension, except that in the case of a disposition that has been temporarily extended for up to thirty days under 48.365(6), Wis. Stats., any extension shall take effect at the termination of the extended date.
Page 34 | Section 11: Extensions of dispositional orders
An agency with no prior experience with the juvenile may request more time to prepare the court report.
If the agency preparing the court report has not had any prior experience with the juvenile, the agency may request an extension for preparation of the court report.
Page 33 | Policy and Procedure Manual of the Juvenile and Children's Court
After giving notice, the agency may revise its decision if reconsideration or new factors lead it to determine that the original decision was incorrect.
The agency may revise its decision after giving such notice if it determines that the original decision was incorrect based on reconsideration or new factors.
Page 34 | Section 11: Extensions of dispositional orders
Chambers Communication Rules
The Court and all interested parties shall be informed of counsel's intent to utilize such procedures at least 48 hours
The Court and all interested parties shall be informed of counsel's intent to utilize such procedures at least 48 hours
Page 2 | Telephone Proceedings
The District Attorney or Clerk of Court must make all requests for Court Commissioner hearings.
The District Attorney or Clerk of Court shall make all requests for hearings by a Court Commissioner.
Page 4 | 19. COURT COMMISSIONERS
Attorneys must immediately advise the Court of scheduling conflicts when dates are set from the bench or in conference.
To avoid scheduling conflicts as a reason for continuance, attorneys shall be prepared to immediately advise the Court of such conflicts when the Court sets dates from the bench or in conference.
Page 4 | 23. CONTINUANCES
The referring agency must make a reasonable, articulable decision to hold the person before contacting intake.
Intake worker shall not be contacted until the referring agency has made a reasonable, articulable decision that a person should be held.
Page 17 | Section 4: Custody intake "decision guidelines"
Custody intake referrals must be made through law enforcement or human services personnel.
All custody intake referrals shall be made through law enforcement or human services personnel.
Page 17 | Section 4: Custody intake "decision guidelines"
Juvenile intake must be contacted to determine the secure placement location and complete the temporary physical custody request order.
Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.
Page 24 | Original adult court criminal defendants—secure custody
Motions not requiring lengthy testimony may be placed on the calendar by arrangement with the scheduling Clerk.
Motions not requiring lengthy testimony may be placed on the calendar by arrangement with the scheduling Clerk.
Page 4 | 22. MOTION PRACTICE