Jefferson County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Special administration opening documents

A Proof of Heirship must accompany all opening documents for a Special Administration, but the judge, court commissioner, or Register in Probate may waive it for good cause.

A Proof of Heirship shall be filed with all opening documents for Special Administrations. The Judge, Court Commissioner or the Register in Probate may waive this requirement if good cause is shown.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

Covered discovery motions must include a written conference statement confirming unsuccessful consultation and sincere resolution efforts and identifying the consultation’s date, place, and participants.

(3) All motions to compel discovery or production of documents pursuant to the Wisconsin Statutes governing civil procedure, or any motion to serve additional interrogatories must be accompanied by a statement in writing by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

CRITICAL

Applies to

Summary settlement or summary assignment opening documents

A Proof of Heirship must be filed with all opening documents for a Summary Settlement or Summary Assignment.

A Proof of Heirship shall be filed with all opening documents for Summary Settlement or Summary Assignment.

CRITICAL

Applies to

Subpoena

Subpoenas for agencies or financial institutions must be delivered to the assigned Circuit Court for review before issuance.

iii) All subpoenas for agencies or financial institutions shall be delivered to the assigned Circuit Court for review prior to the subpoena being issued.

CRITICAL

Applies to

Statement of gal

A GAL for a minor in a civil commitment matter must file a Statement of GAL (JD-1799) at least 24 hours before the final hearing.

iii) Any GAL appointed for a minor in a civil commitment matter shall file a Statement of GAL (JD-1799) at least twenty-four (24) hours prior to the final hearing.

CRITICAL

Applies to

Proposed order

A proposed order must be submitted with a cover letter stating the length of the applicable statutory hold period.

ii) Proposed order are to be submitted with a cover letter that includes the length of the applicable statutory hold period.

CRITICAL

Applies to

Notice of retainer or order appointing counsel

Defense counsel must file a notice of retainer or order appointing counsel with the Court and District Attorney as soon as practicable.

a) An attorney who represents a defendant shall file with the Court and the District Attorney a notice of retainer or order appointing counsel as soon as practicable.

CRITICAL

Applies to

Initial minor guardianship petition

A petitioner must file the Jefferson County Minor Guardianship Questionnaire with the initial minor-guardianship petition, in addition to all uniform court forms.

In addition to all the uniform court forms, the petitioner shall file a Jefferson County Minor Guardianship Questionnaire with the initial petition for minor guardianship. The Questionnaire is available at the Register in Probate Office.

CRITICAL

Applies to

Preliminary financial disclosure statement

Each party must file a preliminary Financial Disclosure Statement with income documentation on or before the hearing.

Each party shall file a preliminary Financial Disclosure Statement, with attached documentation of income, on, or before the date of the hearing.

CRITICAL

An attorney seeking to withdraw must first file a written motion, schedule a hearing, and give notice to the Court, the State, and the defendant.

b) An attorney who intends to withdraw as counsel of record shall first file a written motion and schedule the matter for hearing with notice to the Court, the State and the defendant.

CRITICAL

Applies to

Additional interrogatories motion

If no stipulation is reached, the party may move for permission to serve additional interrogatories, and the motion must show why the requested relief is necessary.

If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the Court for permission to serve additional interrogatories. The motion shall show the necessity for the relief requested.

CRITICAL

Applies to

Petition for payment

A petition for payment must indicate whether it is interim or final.

payment shall indicate whether it is an interim or final petition for payment.

CRITICAL

Applies to

Court report

Written and oral court reports must identify previous Jefferson County dispositional orders by date and document number.

c) i) In addition to the requirements of §§ 48.33 and 938.33 Wis. Stats., written and oral court reports Contents shall reference by date and document number previous Jefferson County dispositional orders.

CRITICAL

Applies to

Motion or stipulation

A party seeking a county-expense mental health evaluation or assessment must file a motion or stipulation addressing the specified information and, if available, include a letter from the proposed provider with the stated details.

(1) The requesting party shall file a motion or stipulation with the Court asking for an evaluation or assessment. (2) The motion or stipulation shall address the reasons and need for the proposed evaluation or assessment, the proposed evaluator, the availability of the evaluator, and the cost of the evaluation or assessment. If available, the motion or stipulation shall include a letter from the proposed provider stating the nature, scope, purpose, cost, and any other material terms upon which the provider agrees to conduct the evaluation or assessment.

CRITICAL

Applies to

Disposition report

The department shall prepare a written report for use at all hearings on disposition and shall file this report with the Clerk of Court and shall also deliver copies of said report to the District Attorney's or Corporation Counsel's office, the child, the child's parents, the GAL, and counsel of record.

The department shall prepare a written report for use at all hearings on disposition and shall file this report with the Clerk of Court and shall also deliver copies of said report to the District Attorney's or Corporation Counsel's office, the child, the child's parents, the GAL, and counsel of record.

CRITICAL

Applies to

Personal representative statement to close estate

In an Informal Probate Administration, all other closing documents must be filed before or with Form PR-1816, which must be the final document filed.

In an Informal Probate Administration, the Personal Representative's Statement to Close Estate (Form PR-1816) will not be accepted by the Register in Probate unless all other documents to close the estate have been filed PRIOR TO OR AT THE SAME TIME as the Personal Representative's Statement to Close Estate. The Personal Representative's Statement to Close Estate shall be the final document filed.

CRITICAL

Applies to

Payment petition

Each payment petition must include billing statements with the case number and name, service dates, services provided, and time spent.

1) Each petition for payment shall include billing statements) containing the following information: case number and name; date(s) of service; service provided and time spent.

CRITICAL

Applies to

Default judgment supporting documents

The proof of service of the Summons and Complaint, Declaration of Non-Military Service, and Affidavit of No Answer must be filed within 30 days after a defendant does not appear, or the case will be dismissed.

i) If a defendant does not appear at the time of the reading of the calendar, default judgment will be entered against the defendant as determined by the Court upon the filing of proof of service of the Summons and Complaint, Declaration of Non-Military Service, and Affidavit of No Answer within 30 days. If these three documents are not filed within 30 days, the case will be dismissed.

CRITICAL

Applies to

Petition for extension

Must include

proposed order

An extension petition must also include a proposed order.

A proposed order must also be submitted.

CRITICAL

Applies to

Proposed order

A proposed order must be filed as a separate document.

A proposed order shall be filed as a separate document

CRITICAL

Applies to

Findings and orders

The party or attorney assigned to draft the Findings and Orders must submit them within ten business days after the hearing, or sooner if directed by the Court.

The party or attorney assigned to draft the Findings and Orders shall submit the document to the Court within ten (10) business days after the hearing or earlier if so directed by the Court.

CRITICAL

Applies to

Petition for permission to file termination of parental rights petition

A guardian ad litem must petition the court for permission before filing a petition to terminate parental rights.

iv) Petition for Termination of Parental Rights by GAL: A GAL shall petition the court for permission to file a Petition for Termination of Parental Rights.

CRITICAL

Applies to

Plea questionnaire waiver of rights

Defense counsel must complete the Plea Questionnaire/Waiver of Rights form (CR-227) with the defendant before the scheduled plea hearing.

a) It is the responsibility of defense counsel to complete the Plea Questionnaire/Waiver of Rights form (CR-227) with the defendant prior to the scheduled time of the plea hearing.

CRITICAL

Applies to

Plea questionnaire waiver of rights

Defense counsel shall attach to the form a copy of the Wisconsin Criminal Jury Instruction along with a signed Criminal Case Settlement form if applicable, for any crime to which a plea will be entered.

Defense counsel shall attach to the form a copy of the Wisconsin Criminal Jury Instruction along with a signed Criminal Case Settlement form if applicable, for any crime to which a plea will be entered.

CRITICAL

Applies to

Findings of fact conclusions of law and judgment

The submitted Findings of Fact, Conclusions of Law and Judgment must include the opposing party’s approval if possible.

Findings of Fact, Conclusions of Law and Judgment shall be submitted within 30 days of the date of final hearing and shall include the approval of the opposing party, if possible.

CRITICAL

Applies to

Expense request

Unless an unusual expense is otherwise provided or previously authorized, an attorney or GAL seeking it must request approval orally in court or by motion and affidavit, stating the expense’s purpose and amount and any expert’s hourly rate; examinations under §48.295 are excepted.

i) Except for examination pursuant to §48.295 Wis. Stats., if a court appointed attorney/GAL wishes to utilize an expert witness or otherwise incur an unusual expense, including but not limited to depositions, unless the expense is otherwise provided or previously authorized, the following rules and procedures shall be followed: ii) Request for Fees: The attorney/GAL, seeking to incur such expenses shall submit a request either orally in court or by motion and affidavit, stating the purpose and amount of the expense, and the hourly rate of the expert, if any.

CRITICAL

Applies to

Estate closing documents

An estate required to file a Federal Estate Tax Return must file both the Federal Estate Tax Closing Letter and Wisconsin Certificate Determining Estate Tax before closing.

(A Federal Estate Tax Closing Letter and a Wisconsin Certificate Determining Estate Tax must be filed with the court prior to closing any estate required to Federal Estate Tax Return.

CRITICAL

Applies to

Proposed order objection

An objection to a proposed document must identify the objectionable part and state the moving party’s proposed alternative.

Any such objection shall specifically describe the objectionable part of the proposed documents and the moving party's proposed alternative.

CRITICAL

Applies to

Wisconsin closing certificate for fiduciaries

A Wisconsin Closing Certificate for Fiduciaries must be filed before the estate closes unless the court waives the requirement upon petition by the estate’s attorney or personal representative.

A Wisconsin Closing Certificate for Fiduciaries must be filed with the court prior to the closing of the estate, unless the court waives the requirement upon the petition of the attorney for the estate or the personal representative.

CRITICAL

Applies to

Privately filed guardianship or protective placement petition

The Jefferson County Corporation Counsel must be an interested party in all privately filed guardianship and protective-placement petitions.

In all privately filed petitions for guardianship and protective placement, the Jefferson County Corporation Counsel shall be an interested party.

CRITICAL

Applies to

Damages list

The landlord must file a damages list with a specific itemization of the money damages sought and prepare and file an Affidavit of Mailing of that list.

At least one week prior to the return date on the money damages claim, the landlord shall file a damages list, including a specific itemization of the money damages sought with the court and must send a copy to the tenant at least seven (7) calendar days prior to the return date on the money damages claim. The landlord shall prepare and file an Affidavit of Mailing of the damages list.

CRITICAL

Applies to

Testamentary document

Testamentary documents not subject to probate must be filed with an Affidavit of No Probate containing the listed information; omission may result in refusal of the filing.

Wills, codicils, and/or any other testamentary documents of a decedent which will not be subject to any probate proceeding shall be filed with an Affidavit of No Probate. Failure to file the Affidavit of No Probate with the testamentary document may result in the Register in Probate refusing the filing. ii) The Affidavit of No Probate shall contain the following information: (1) Name of the decedent (2) Date of death of the decedent (3) Date of birth of the decedent (4) Date of the will, codicil, and/or any other testamentary document (5) Address of the decedent at the time of his or her death, this address shall include the city, town, or village, and zip code. (6) How the petitioner is interested with the decedent; and (7) The reason there is no reason to probate the will, codicil, and/or other testamentary document.

CRITICAL

Applies to

Cited document

Copies of non-Wisconsin legal authorities must accompany the document citing them when it is provided to the court.

Copies of non-Wisconsin legal authority must be provided to the court with the cited document.

CRITICAL

Applies to

Special administration inventory

If a special administrator comes into control of assets, an inventory must be filed and the statutory filing fee paid; both requirements are waived if the matter is converted to formal or informal administration.

The special administrator must file an inventory and pay the statutory filing fee if they come into control of any assets. This requirement will be waived if the special administration is converted to a formal or informal administration.

CRITICAL

Applies to

Case status report

For a represented party, the attorney must file a Case Status Report within 90 days after service of the Summons and Petition.

If a party is represented by an attorney, the attorney shall file a Case Status Report within 90 days of service of the Summons and Petition.

CRITICAL

Applies to

Proposed ex parte order

A proposed ex parte order must include an order shortening the time for notice.

The proposed ex parte order shall include an order shortening time for notice,

CRITICAL

Applies to

Ex parte motion

An ex parte motion must include a supporting affidavit from a party or lay or expert witness; an attorney-only affidavit is insufficient.

Motions for ex parte orders shall be accompanied by one or more affidavits of a party, lay witness, or expert witness based upon tacts of record or alleged in proper affidavits justifying the issuance of the proposed order. Affidavits of only attorneys are not sufficient.

CRITICAL

Applies to

Special administration status letter

The special administrator or counsel must file a status letter every six months; if civil litigation is involved, it must include a litigation update, the next court date, and the possible resolution date.

The special administrator or attorney for the special administrator shall file a status letter with the Probate Court every 6 months. If the special administration involves civil litigation, the status letter shall include an update of the civil litigation, including the next court date and date of possible resolution.

CRITICAL

Applies to

Order

The defendant must receive a written statement of the order’s terms.

The defendant must be provided a written statement of terms of the order.

CRITICAL

Applies to

Discovery motion

Covered discovery motions must include a written statement confirming the unsuccessful consultation and attempts to resolve the dispute, and stating the consultation's date, place, and participants.

All motions to compel discovery or production of documents pursuant to the Wisconsin Statutes governing civil procedure, or any motion to serve additional interrogatories must be accompanied by a statement in writing by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

WARNING

Applies to

Adjournment objection

An adjournment objection must state on its face that copies have been provided to all other parties or their attorneys if represented.

(8) Any objection to adjournment must be provided to all other parties or, if represented, their attorneys, and shall indicate on its face that copies have been so provided.

WARNING

Applies to

Court report

Any court report recommending a resource or service must include the social worker’s recommendation about who is responsible for payment.

i) The social worker will recommend who is to be responsible for payment of a resource or service that the social worker recommends in any court report.

WARNING

Applies to

Consent forms

Any required consent forms must be executed as soon as practicable after the appointment.

Such consent forms as are required shall be executed as soon thereafter as practicable.

WARNING

Applies to

Facsimile document

A fax-filed document is treated as the original, and the filing party must not file a duplicate by mail or otherwise.

h) Documents filed by facsimile are considered by these rules to be the original documents). The filing party shall not file a duplicate by mail or otherwise.

WARNING

Applies to

Stipulation and proposed order

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court for Court consideration.

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court for Court consideration.

WARNING

Applies to

Final account

For an uncontested final account, the personal representative’s sworn statement of its correctness and legality satisfies the court without canceled checks or other proof of disbursements.

When a final account is not contested by any persons then interested in the estate, swearing under oath by the personal representative to the correctness and legality of the final account will satisfy the court pursuant to s.862.15 Wis. Stats, without the presentment of canceled checks or other proof of disbursements made.

WARNING

Applies to

Findings and orders

The Court may reassign responsibility for submitting Findings and Orders and assess costs to the party or attorney originally assigned.

Court may reassign the responsibility to submit the Findings and Orders and assess costs to the party or attorney originally assigned.

WARNING

Applies to

Written stipulation

Withdrawal or substitution may be accomplished by written stipulation if all attorneys, the defendant, and the State agree and sign it and the Court approves it.

Withdrawal and/or substitution by an attorney may be accomplished by written stipulation if agreed to and signed by all attorneys, the defendant, the State and approved by the Court.

INFO

Applies to

Court report

All parties may waive the formal written court report if the disposition recommendation does not include out-of-home placement, including when a child is already placed out of the home under a previous dispositional order; the case then proceeds to short-form or oral disposition.

All parties may waive their right to a formal written court report if the disposition recommendation does not include an out of home placement, including children presently placed out of their home by a previous dispositional order. The case will then proceed to short form/oral disposition.

INFO

Applies to

Final account

An Informal Probate Administration does not require a final account.

A final account is not required in an Informal Probate Administration.