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

CRITICAL

Applies to

Written continuance request

The party requesting a continuance must provide a copy of any written request to all other parties or their attorneys if represented.

(6) The requesting party shall provide a copy of any such written request to all other parties or, if represented, their attorneys.

CRITICAL

Applies to

Adjournment objection

An objection to an adjournment must be provided to all other parties or their attorneys if represented, and must indicate on its face that copies were provided.

(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.

CRITICAL

If the Court permits telephonic or video testimony, the proponent must provide all parties and counsel complete, legible copies of documents or records the witness relies on or can access.

It telephonic and/or video testimony is permitted by the Court, the proponent of the testimony shall provide all parties and counsel complete and legible copies of any documents or records upon which the witness is relying or to which the witness will have access during the testimony.

CRITICAL

Deadline

5 business days

The moving party must schedule the motion hearing and give the other party at least five business days’ advance written notice.

It is the responsibility of the moving party to schedule the hearing on the motion and to provide at least five (5) business day advance written notice to the other party.

CRITICAL

Service

Personal service

Non-earnings garnishment actions require personal service on both the Garnishee Defendant and Judgment Debtor, and proof of service must be filed before proceeds are released.

i) Personal service on the Garnishee Defendant and the Judgment Debtor is required for all non- earnings garnishment actions. Proof of service must be filed with the Court before any proceeds can be released.

CRITICAL

Service

Mail

The petitioner's attorney must mail the specified statutory copies and the order to an absent parent at the parent's last known address by regular first-class mail.

The attorney for the petitioner shall provide any such parent not present in court at the time the order is made with such copies at his or her last known address by regular first class mail, together with a copy of the order.

CRITICAL

The landlord must send the itemized damages list to the tenant at least seven calendar days before the return date on the money-damages claim.

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

For documentary exhibits presented at an evidentiary hearing or trial, counsel must provide legible copies to all counsel of record and the Court, and submit the copies to opposing counsel before presenting them to the Court as evidence.

Whenever documentary exhibits are presented by counsel during evidentiary hearings or trial, legible copies shall be provided to all counsel of record and to the Court. Legible copies shall be submitted to opposing counsel before submitted as evidence to the Court.

CRITICAL

Applies to

Documentary exhibits

For documentary exhibits presented at an evidentiary hearing or trial, counsel must provide legible copies to all counsel of record and the Court, and submit copies to opposing counsel before presenting the exhibits as evidence.

Whenever documentary exhibits are presented by counsel during evidentiary hearings or trial, legible copies shall be provided to all counsel of record and to the Court. Legible copies shall be submitted to opposing counsel before being submitted as evidence to the Court.

CRITICAL

Deadline

2 working days

Applies to

Disposition report

The department must file the disposition report with the Clerk and deliver copies to the listed recipients no later than two working days before the hearing.

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. All copies are to be filed/delivered no later than 2 working days prior to the hearing.

CRITICAL

Unless the Court directs otherwise, proposed orders, findings, conclusions of law, and judgments submitted to the Court must be submitted to opposing counsel at the same time.

Unless the Court shall otherwise direct, any proposed Order, Findings, Conclusions of Law or Judgment submitted to the court shall be simultaneously submitted to opposing counsel.

CRITICAL

Notice and effectuation of a Jefferson County contract GAL’s appointment must be made by serving the pleadings and documents.

ii Jefferson County Contract Guardian ad Litem Notification: Notice and effectuation of the appointment of the Jefferson County contract GAL shall be by service of the pleadings and documents.

CRITICAL

When entering a termination-of-parental-rights order, the court must provide the parent present in the courtroom with copies of the specified statutes.

Upon making an order for termination of parental rights, the court shall provide the parent or parents whose rights are terminated, if present in the courtroom, with a copy of § 48.432 and § 48.433 Wis. Stats., relative to those provisions.

CRITICAL

A plaintiff may dismiss without Court leave before the return date and must notify the defendant not to appear if the case is dismissed before that date.

ili) Plaintiffs may dismiss the matter at any time before the return date without leave of the Court. It is the plaintiff's responsibility to notify the defendant not to appear on the return date if the case is dismissed prior to the return date.

CRITICAL

Notice of the withdrawal hearing must be given 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

Proposed order

Unless the Court directs otherwise, proposed orders, findings, conclusions of law, or judgments submitted to the Court must be submitted to opposing counsel at the same time.

Unless the Court directs otherwise, all proposed Orders, Findings and/or Conclusions of Law or Judgment submitted to the court shall be simultaneously submitted to opposing counsel

CRITICAL

Small-claims service must follow Wis. Stat. § 799.12, except the Court does not authorize the service methods in subsections (2) and (3).

iii) Service shall be as set forth in s. 799.12 Wis. Stats, except the court does not authorize service as set forth in s.799.12(2) and (3) Wis. Stats.

CRITICAL

The GAL must be served with the pleadings that resulted in the appointment, documents filed with them, and, for Human Services Department pleadings, the records on which the Department specifically relies.

i) The following shall be served upon the GAL: copies of all pleadings resulting in the appointment of a GAL, all documents filed with such pleadings, and for pleadings filed by or at the request of the Human Services Department, the records upon which the Department specifically relies in making the request or filing the pleading.

WARNING

Applies to

Signed order

Unless a specific statute directs otherwise, the filing party must distribute an order once it is signed.

vi) Unless there is a specific statutory directive, it is the obligation of the filing party to distribute orders once signed.

WARNING

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.

INFO

Applies to

Earnings garnishment

Service

Mail

Mail service is permitted for earnings garnishment.

ii) Mail service for Earnings Garnishment is permitted.