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

CRITICAL

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

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.

CRITICAL

Applies to

Summary judgment motion

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Eviction actions may be served by certified mail or personal service.

Eviction actions may be served by either certified mail or personal service.

CRITICAL

Service

Personal service to opposing party

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.

CRITICAL

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.

CRITICAL

Applies to

Written motion and supporting papers and notice

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Trial brief

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.

CRITICAL

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.

CRITICAL

Applies to

Motion papers

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Petition for release of police records

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.

CRITICAL

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.

WARNING

Applies to

Petition for release of child name

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).