Kewaunee County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 1 copy • At Least 10 Days Before Hearing with Notice of Motion
Summary Judgment Motions
- 1 copy
Adjournments
- A continuance request must include an affidavit specifically stating the reason in writing and signed by all parties’ attorneys and their clients.
- An adjournment must be set to a definite date and may not be indefinite or day-to-day.
- Unless the court directs otherwise, the party receiving an adjournment must notify opposing counsel and, where appropriate, all parties, witnesses, and interpreters.
- +11 more
Request must include
- Adjournment requests must be written, addressed to the judge, served on all opposing parties, and received at least ten days before the scheduled matter; the time limits may be waived for good cause.
- Adjournment requests must be in writing and received at least 48 hours before the hearing, unless the court provides otherwise.
Communication
Phone
Phone
Chambers
Page & Word Limits1 rule
3. The document does not exceed fifteen (15) pages in length, excluding cover sheet.
- Page limit
- Up to 15 pages
Document Format Requirements8 rules
All papers, pleadings, motions, etc., shall be on substantial paper and contain the case number assigned in the caption.
Formatting
- •All papers, pleadings, and motions must be on substantial paper
Exhibits must be marked before a hearing, with marking coordinated with the clerk and a description of each exhibit provided at marking.
- Exhibits
Formatting
- •Mark all exhibits before any court hearing
Court's wording
All exhibits must be marked prior to any court hearing. Counsel/parties maintain the responsibility to coordinate this marking with the clerk and shall be prepared to provide a description of each exhibit to the clerk at the time of marking.
Each such instruction shall be on a separate sheet of paper, with one copy thereof, and each shall have on a separate sheet the citation of authorities relied upon to sustain such instructions.
All stipulations for an order to suspend proceedings in divorce actions to attempt a reconciliation shall be submitted in the form designated by the court.
- Reconciliation stipulation
Formatting
- •Use the form designated by the court
c. They are plain paper documents.
The two mediation forms attached to the summons and complaint must be printed on yellow paper.
- Notice of availability of mediation
- Application for mediation
Formatting
- •Print the forms on yellow paper
Court's wording
In all residential foreclosure actions, the plaintiff shall attach to the Summons and Complaint served on all mortgagors named in the action the following forms printed on yellow paper and which are available at the Kewaunee County Clerk of Court’s office: a) Notice of Availability of Mediation b) Application for Mediation
All pleadings under ch. 799, Wis. Stats., shall be in writing unless specifically ordered otherwise by the judge.
The brief may be in letter form.
Document Filing Requirements44 rules
The required notice to the court and media coordinator must be in writing, subject to the good-cause exception.
Court's wording
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion.
All papers, pleadings, motions, etc., shall be on substantial paper and contain the case number assigned in the caption.
- Document
- Court filing
- Placement
- Caption
Must include
- •Case number
Objections to the form or content of the document submitted shall be filed in writing with the court within five (5) business days of service or mailing.
Parties are to include the State Bar Code and the appropriate case classification type and case code number on all pleadings filed with the court.
In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a "Petition for Waiver of Fees/Costs, Affidavit of Indigency and Order" must be completed.
Notification of signing will be made upon a form or postcard to be included by submitting counsel.
Objections to dismissal shall be made in writing to the judge having jurisdiction of the action to be dismissed.
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
On all cases set for scheduling conference, each counsel shall be prepared to supply the court with a written statement about the case, what motions, interpleaders and discovery are contemplated, whether independent medical is desired, what coverage questions are unresolved, if any exist, whether pleadings are final (subrogated or assigned claims), and what settlement demands and offers exist.
Each attorney shall supply the court and counsel with a copy of a Scheduling Conference Statement in advance.
Use standard motion practices with written motions and be certain to submit a brief statement of the motion and its purpose with supporting reasons and local authorities in every case.
If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed.
The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within ten (10) days of the date of the notice, default judgment shall be entered.
When an instruction is requested from Wisconsin Civil or Criminal Instructions, it shall include the language and alternative, if any, deemed applicable and shall not be cited solely by number, except when the exact language requested may be identified merely by number and title.
Each counsel shall make a written letter report to the court regarding the results of the conference seven (7) days before trial.
Any motions in limine must be made in writing, with a written discussion thereof and legal authorities, at least thirty (30) days before the trial date, with a copy served on opposing counsel.
The parties must report in writing their selected ADR process, provider, and fee-payment arrangements, or explain why ADR is not appropriate.
Court's wording
Parties will be required to report to the court in writing as to the alternative dispute resolution process they have selected, the service provider and the provisions for payment of the provider's fees and expenses. In the alternative, the parties shall advise the court in writing of the reasons why alternative dispute resolution is not appropriate in a particular case.
In residential foreclosure actions, the plaintiff must attach the two specified mediation forms, printed on yellow paper, to the summons and complaint served on every named mortgagor.
Court's wording
In all residential foreclosure actions, the plaintiff shall attach to the Summons and Complaint served on all mortgagors named in the action the following forms printed on yellow paper and which are available at the Kewaunee County Clerk of Court’s office: a) Notice of Availability of Mediation b) Application for Mediation
Counsel must provide the court a report on the ADR process's success as soon as practicable and no later than ten days before trial.
Court's wording
Counsel will provide the court with a report concerning the success of the alternative dispute resolution process agreed to by the parties or ordered by the court as soon as practicable, but no later than ten (10) days before trial.
At temporary hearings both parties shall bring wage statements from their respective employers for a period of twelve (12) weeks prior to the hearing date, a financial disclosure statement signed under oath, and copies of state and federal income tax returns for the two (2) prior years in the possession or control of each party.
The Stipulation and Order referred to in Rule 1203 shall indicate the date by which the parties must report to the court the status of the reconciliation together with the request for dismissal of the divorce action or a resumption of proceedings.
For a stipulated divorce heard by the family court commissioner, the specified final documents must be filed with the commissioner at least 20 business days before the hearing; late filing may result in sanctions or cancellation.
Court's wording
If a stipulated divorce is to be heard by the family court commissioner, the Final Stipulation and each party's Final Financial Disclosure Statement and the Findings of Fact, Conclusions of Law and Judgment of Divorce must also be filed with the family court commissioner at least twenty (20) business days prior to the start of the hearing. Failure to file these documents in a timely fashion may result in sanctions or the cancellation of the hearing.
By the hearing, counsel must provide financial information and a position statement on contested issues to the court and opposing counsel; failure may result in sanctions.
Court's wording
At or prior to the status/scheduling/final hearing counsel shall provide to the court and opposing counsel financial information and a statement of position on contested issues. Upon failure of counsel to provide the information at the hearing date, appropriate sanctions may be imposed.
The documented property-settlement booklet must include the property exhibits, appraiser information, and other material needed to make its information admissible in evidence.
Court's wording
Where a contest on property settlement arises, each party will furnish the opposing party a documented booklet which is to include all exhibits (or photocopies of same) in regard to said property, as well as a list of all appraisers - name, address and brief description of expected testimony or appraisal as well as any other material needed so that booklet information would be admissible in evidence and avoid as much as possible direct testimony, but could be used for cross examination of the witness.
Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and/or local rule.
In all divorce actions in which neither party has retained an attorney, at least twenty (20) business days prior to the hearing date, the proposed Final Stipulation, Findings of Fact, Conclusions of Law and Judgment and completed Final Financial Disclosure Statements must be submitted to the family court commissioner for review and approval, and after approval, the approved originals and two copies of each must be filed with the clerk of court at least five (5) business days before the final hearing.
A divorce judgment addressing custody and placement of minor children must provide for written notice to the other party and the court at least 60 days before specified residence changes, and written notice to the other parent if a child will be away from the primary residence for more than 14 days.
Court's wording
All divorce judgments providing for legal custody and physical placement of minor children shall provide that said party provide not less than sixty days’ written notice to the other party and to the court of his or her intent to: establish residence outside the State of Wisconsin; establish residence within Wisconsin one hundred fifty (150) miles or more from the present residence; also notification to the other parent if said child or children is to be removed from the primary residence for a period of over fourteen days. The said party shall comply with §767.481, Wis. Stats., and amendments thereto and said notices are to be in writing.
Certification from the program provider of attendance by each party of at least four (4) hours at such an approved program shall be filed with the court before a final judgment or order will be granted in the action.
A De Novo hearing request must state with reasonable specificity the issues to be addressed at the hearing.
Court's wording
Requests for De Novo hearings pursuant to Section 757.69(8), Wis. Stats., shall be filed with the Clerk of Court within thirty (30) days after the initial order was filed and shall state with reasonable specificity the issues to be addressed at said hearing.
Except in felony cases, the plea agreement may be reduced to a written stipulation at the conclusion of the conference and filed with the judge, along with a "Plea Questionnaire" and "Notice of Appeal Rights."
The results of all pre-trial conferences shall be reported to the judge.
Motions must state specific grounds and a factual basis; general constitutional-rights assertions are insufficient and may result in denial with notice and leave to renew timely.
Court's wording
All motions must state with specificity the grounds and factual basis therefore. General assertions of violations of constitutional rights will not be considered specific. Such nonspecific motions may be denied sua sponte by the judge with notice to the parties of such denial and leave to renew the motions in a timely manner.
No court will proceed to a plea hearing until a completed "Plea Questionnaire" has been filed.
For all other pre-trial conferences the defense attorney shall have a written waiver of appearance and authorization to enter into a binding plea agreement.
If a defendant appears by authorization for a disposition or plea, the client must sign a statement for filing confirming understanding of the court’s discretion, maximum penalties, and sentencing authority.
Court's wording
If a disposition or a plea will be made and defendant does not appear personally, but by authorization, client must sign for filing with the court a statement that the defendant understands, that on a plea the court is not bound by the plea agreement, that the defendant understands the maximum penalty or penalties, and that the court could impose the maximum sentence irrespective of any recommendation by defendant's attorney and/or district attorney.
If attorney files letter of retainer and plea of not guilty and requests either a jury or court trial in a matter of a state traffic crime, the following is required for the attorney to not appear: client authorization in writing, waiver of jury trial of client in writing if that is the wish of client.
A plea questionnaire must be completed prior to the acceptance of any admission or no contest plea.
When a final judgment addresses the specified interests in real property or secured debt, the personal representative must record the judgment, a certified copy, or a certified abridgement in the register of deeds in each county where the property is located.
Court's wording
Whenever the final judgment assigns an interest in real property, assigns a debt which is secured by an interest in real property or shows the termination of a Life Estate or an interest as a joint tenant in real property or in a debt which is secured by an interest in real property or shows the termination of a life estate or an interest as a joint tenant in real property or in a debt which is secured by an interest in real property, the final judgment, a certified copy of the final judgment or a certified abridgement thereof shall be recorded by the personal representative in the office of the register of deeds in each county in this state in which the real property is located.
Where appropriate, only approved forms shall be used.
All pleadings should be addressed to the clerk of court for filing.
Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, by an affidavit of the notice to defendant.
An executed wage assignment should be prepared and ready to file if it could apply to the matter per Wisconsin Statutes.
If the divorce matter is a default and the respondent is not represented by counsel, the Order to Appear that the judge signs should contain on its face: "The Respondent is directed to complete the Financial Disclosure Report and bring the same to the hearing." A blank copy should be enclosed for him or her to fill out for that purpose.
This proof of recording may be established by filing Proof of Recording executed as being recorded and signed by either the register of deeds or attorney for probate matters.
Filing & Service rules
Electronic Filing Rules
Direct fax filings to the clerk or register in probate and juvenile court clerk are accepted only if the stated equipment, location, page-limit, and fee conditions are met.
A. Facsimile documents transmitted directly to the clerk of court at 920-388-7049 and to the register in probate and juvenile court clerk at 920-388-0852 shall be accepted for filing only if: 1. The court has a facsimile machine capable of reproducing documents that meet Supreme Court Rule 72.01 concerning retention of filed documents. Only plain-paper facsimile machines currently comply with this requirement. 2. The court has a facsimile machine physically located within the offices of the clerk of court, or the register in probate and juvenile court clerk. 3. The document does not exceed fifteen (15) pages in length, excluding cover sheet. 4. No filing fee is required. 5. No additional fee or charge must be paid by the court for accepting or receiving the facsimile document.
Page 5 | RULE 3: FACSIMILE TRANSMISSIONS
Facsimile documents sent through a non-court agency, party, or company for onward transmission are accepted only if the stated fee and plain-paper conditions are met.
302 Facsimile documents transmitted to a non-court 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 court for accepting or receiving the facsimile document. c. They are plain paper documents.
Page 5 | RULE 3: FACSIMILE TRANSMISSIONS
An assigned judge may authorize in advance the filing of otherwise nonconforming documents if good cause is shown and the documents comply with §801.16, Wisconsin Statutes.
306 A judge assigned to a particular matter may authorize, in advance, the filing of particular documents in a case that do not conform to these rules if good cause is shown and they are in conformance with §801.16, Wis. Stats.
Page 6 | RULE 3: FACSIMILE TRANSMISSIONS
Filing Timing and Cure Windows
Written objections must be filed within five business days of service or mailing; failure to object waives objections, and the document is deemed signed unless objections are filed.
Objections to the form or content of the document submitted shall be filed in writing with the court within five (5) business days of service or mailing. Failure to file written objections shall be deemed a waiver of objections. The document will be deemed signed unless objections have been filed.
Page 4 | RULE 2: GENERAL PROVISIONS
Facsimile papers are filed when the circuit court clerk receives them; they are the official, non-substitutable record, and additional or duplicate copies must not be sent.
B. Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.
Page 5 | RULE 3: FACSIMILE TRANSMISSIONS
Facsimile filings are considered filed when transmitted, except transmissions completed after the clerk's regular business hours are considered filed the next business day.
305 Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission completed after regular business hours of the clerk of court's office are considered filed the next business day per §801.16(2)(c), Wis. Statutes.
Page 6 | RULE 3: FACSIMILE TRANSMISSIONS
The court reviews each civil case for service and answer within 80 days after filing and initiates dismissal or default proceedings if the case has not reached issue.
All civil cases will be reviewed for service and answer within eighty (80) days after filing. If at that time it is found that a case has not reached issue, a dismissal order or default proceeding shall be initiated by the court.
Page 12 | RULE 9: CIVIL
The respondent must file responsive materials or a written waiver within 20 days after the movant's brief is filed; otherwise the right is presumed waived and no further briefs or supporting documents will be accepted.
The respondent shall have twenty (20) days from the filing of the movant's brief within which to file a responsive brief and supporting documents, or waive in writing the right to do so. If the respondent fails to file a brief and supporting documents or waiver of the same within the twenty (20) day period, it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. A decision shall be based upon the record as timely filed.
Page 13 | RULE 9: CIVIL
The motion brief and its required copies must be served and filed at least 10 days before the scheduled hearing.
The brief shall be served and filed with the clerk of court; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the judge with the Notice of Motion at least days ten (10) days prior to any scheduled hearing date.
Page 13 | RULE 9: CIVIL
A defendant who wishes to obtain a hearing on the plaintiff's default-judgment motion must request it in writing within 10 days of the notice date.
The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within ten (10) days of the date of the notice, default judgment shall be entered.
Page 13 | RULE 9: CIVIL
Briefs in opposition to such motions must be filed no later than two (2) business days prior to the hearing of the motion.
Briefs in opposition to such motions must be filed no later than two (2) business days prior to the hearing of the motion.
Page 13 | RULE 9: CIVIL
Jury-instruction requests must be submitted before jury argument begins unless the trial judge permits or orders otherwise.
Requests for instructions shall be submitted to the court before argument to the jury is begun unless the trial judge otherwise permits or orders.
Page 14 | RULE 9: CIVIL
Motions in limine must be made at least 30 days before trial.
Any motions in limine must be made in writing, with a written discussion thereof and legal authorities, at least thirty (30) days before the trial date, with a copy served on opposing counsel.
Page 14 | RULE 9: CIVIL
The written conference report must be submitted to the court seven days before trial.
Each counsel shall make a written letter report to the court regarding the results of the conference seven (7) days before trial.
Page 14 | RULE 9: CIVIL
The ADR success report must be provided no later than ten days before trial.
Counsel will provide the court with a report concerning the success of the alternative dispute resolution process agreed to by the parties or ordered by the court as soon as practicable, but no later than ten (10) days before trial.
Page 15 | RULE 10: ALTERNATIVE DISPUTE RESOLUTION
The defendant may join issue in any small claims action, without appearing on the return date, by filing a written answer, provided such answer is received by the clerk of court and the plaintiff not later than 4:00 p.m. on the Friday preceding the return date.
The defendant may join issue in any small claims action, without appearing on the return date, by filing a written answer, provided such answer is received by the clerk of court and the plaintiff not later than 4:00 p.m. on the Friday preceding the return date.
Page 16 | RULE 11: SMALL CLAIMS
After notice that a required report was not received, the parties have 15 days to advise the court of their intentions; absent a response, the judge shall dismiss the action.
If no report is received as required by Rule 1204, the court shall send notice to the parties that they will have fifteen (15) days to advise the court of their intentions. If no response is then received, the judge shall dismiss the action.
Page 17 | 1205
The required stipulated-divorce documents must be filed at least 20 business days before the commissioner hearing.
If a stipulated divorce is to be heard by the family court commissioner, the Final Stipulation and each party's Final Financial Disclosure Statement and the Findings of Fact, Conclusions of Law and Judgment of Divorce must also be filed with the family court commissioner at least twenty (20) business days prior to the start of the hearing. Failure to file these documents in a timely fashion may result in sanctions or the cancellation of the hearing.
Page 18 | 1219
The hearing notice must show a hearing date at least 120 days after filing, or as soon thereafter as the court is available.
The status/scheduling/final hearing notice will show the date at least one hundred twenty (120) days after the filing of the action, or as soon thereafter as the court is available, when a hearing is scheduled.
Page 18 | 1216
Before obtaining a hearing date and time to enforce a divorce judgment or family court commissioner temporary order, the party must file an Order to Show Cause or other appropriate motion with the clerk.
Prior to obtaining a date and time from the court, any party seeking to enforce a judgment or portion of judgment of divorce or a temporary order of the family court commissioner, shall file with the clerk of court an Order to Show Cause or other appropriate motion and pay such fee as required.
Page 19 | RULE 12: FAMILY LAW
In divorce actions where neither party has an attorney, the proposed final-hearing documents and completed financial disclosures must be submitted to the commissioner at least 20 business days before the hearing.
In all divorce actions in which neither party has retained an attorney, at least twenty (20) business days prior to the hearing date, the proposed Final Stipulation, Findings of Fact, Conclusions of Law and Judgment and completed Final Financial Disclosure Statements must be submitted to the family court commissioner for review and approval, and after approval, the approved originals and two copies of each must be filed with the clerk of court at least five (5) business days before the final hearing.
Page 19 | RULE 12: FAMILY LAW
A request for a De Novo hearing must be filed with the Clerk of Court within 30 days after the initial order is filed and must identify the issues to be addressed with reasonable specificity.
Requests for De Novo hearings pursuant to Section 757.69(8), Wis. Stats., shall be filed with the Clerk of Court within thirty (30) days after the initial order was filed and shall state with reasonable specificity the issues to be addressed at said hearing.
Page 20 | RULE 12: FAMILY LAW
The State must respond to a discovery demand within 10 business days after it is filed.
The State shall respond to the demand for discovery within ten (10) business days of the date of filing.
Page 20 | RULE 14: CRIMINAL LAW AND TRAFFIC
Defense counsel must file discovery motions in felony and misdemeanor cases within 5 business days after arraignment.
Motions for discovery in felony and misdemeanor cases shall be filed by defense counsel within five (5) business days of the date of arraignment.
Page 20 | RULE 14: CRIMINAL LAW AND TRAFFIC
The program attendance certification must be filed before a final judgment or order is granted.
Certification from the program provider of attendance by each party of at least four (4) hours at such an approved program shall be filed with the court before a final judgment or order will be granted in the action.
Page 20 | RULE 12: FAMILY LAW
The deadline for a defendant’s pre-trial motions does not begin until discovery is given to the defendant.
The time in which a defendant must file pre-trial motions shall not commence to run until the date that discovery is given to the defendant under the Code of Criminal Procedure.
Page 21
All pleas must be of record by the scheduled trial date.
All pleas must be of record on or before the scheduled trial dates.
Page 21
The Department of Corrections must file the original and two copies of the pre-sentence investigation with the presiding judge seven days before sentencing; the judge must forward a copy to the district attorney and any defense counsel.
The Department of Corrections shall file seven (7) days prior to the sentencing hearing an original and two (2) copies of the pre-sentence investigation with the presiding judge who shall forward a copy to the district attorney and defense counsel, if any.
Page 21
Plea hearings will not be held after the scheduled trial date unless good cause exists.
Plea hearings will not be conducted after the scheduled trial date, except for good cause.
Page 21
Attorneys may not copy pre-sentence investigation reports or allow anyone to remove them from their presence, and must file their copy with the presiding judge immediately after sentencing concludes.
Attorneys are prohibited from copying such reports or allowing any individual to remove the report from their presence, and shall file their copy of the report with the presiding judge immediately upon conclusion of the sentencing hearing.
Page 22
The district attorney must prepare juvenile orders within 10 days after the disposition hearing, unless the court designates another party to prepare them.
The district attorney shall prepare all juvenile orders within ten (10) days of the disposition hearing. The court may designate responsibility for the preparation of orders to another party as appropriate.
Page 23 | RULE 16: JUVENILE
After an adjudication, court reports must be submitted to the juvenile clerk 72 hours before the disposition hearing.
Court reports shall be submitted to the juvenile clerk seventy-two (72) hours prior to the disposition hearing after an adjudication.
Page 23 | RULE 16: JUVENILE
The transmitting party is solely responsible for ensuring the facsimile document is received timely and completely.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
Page 5 | RULE 3: FACSIMILE TRANSMISSIONS
The court may disregard briefs that are filed untimely.
Briefs filed in an untimely fashion may be disregarded by the court.
Page 13 | RULE 9: CIVIL
The court and clerk are not responsible for transmission errors or failures or for periods when a court fax machine is inoperable.
304 The court or clerk is not responsible for: a. Errors or failures in transmission that result in missing or illegible documents. b. Periods when a court facsimile machine is not operational for any reason.
Page 6 | RULE 3: FACSIMILE TRANSMISSIONS
Service and Proof of Service Rules
When counsel submits a document for the court’s signature, counsel must simultaneously forward a copy to all other counsel and unrepresented parties unless counsel stipulates otherwise.
Except on stipulation of counsel, when counsel submits a document to the court for signature, a copy shall be simultaneously forwarded to all other counsel and/or unrepresented parties.
Page 4 | RULE 2: GENERAL PROVISIONS
A law enforcement adjournment request must be served on opposing counsel or unrepresented parties when it is forwarded to the presiding judge.
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
A default mortgage foreclosure requires an open-court hearing and notice to all defendants at least 10 days before the hearing.
No default mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants ten (10) days prior to the hearing.
Page 13 | RULE 9: CIVIL
If the defendant was not personally served, the Notice of Motion for Default Judgment must be sent by regular mail to the defendant's last known address.
In cases where personal service is not obtained upon the defendant (i.e., substitute or published), Notice of Motion for Default Judgment shall be given to defendant by regular mail at defendant's last known address.
Page 13 | RULE 9: CIVIL
The motion brief must be served and filed with the clerk, and a copy must be served and filed on all opposing counsel.
The brief shall be served and filed with the clerk of court; a copy shall be served and filed on all opposing counsel;
Page 13 | RULE 9: CIVIL
Opposition briefs must be personally served at least two business days before the hearing, or served by mail at least three business days before the hearing.
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two (2) business days prior to the hearing or if service is made by mail, no later than three (3) business days prior to the hearing.
Page 13 | RULE 9: CIVIL
A copy of each motion in limine must be served on opposing counsel.
Any motions in limine must be made in writing, with a written discussion thereof and legal authorities, at least thirty (30) days before the trial date, with a copy served on opposing counsel.
Page 14 | RULE 9: CIVIL
The party requesting a temporary hearing must give the other party at least 48 hours' notice before the hearing.
The party petitioning for a temporary hearing shall give the other party at least forty-eight (48) hours’ notice prior to said hearing.
Page 16 | RULE 12: FAMILY LAW
The defendant may join issue in any small claims action, without appearing on the return date, by filing a written answer, provided such answer is received by the clerk of court and the plaintiff not later than 4:00 p.m. on the Friday preceding the return date.
The defendant may join issue in any small claims action, without appearing on the return date, by filing a written answer, provided such answer is received by the clerk of court and the plaintiff not later than 4:00 p.m. on the Friday preceding the return date.
Page 16 | RULE 11: SMALL CLAIMS
After a divorce, legal separation, or annulment action is filed, the court shall schedule a status, scheduling, or final hearing, and a copy must be served on each party by mail.
After the time of the filing of any action for divorce, legal separation, or annulment, the court shall schedule a status/scheduling/final hearing. A copy is to be served upon each party by mail.
Page 18 | 1215
In every family action, a party must serve the commissioner a copy of each petition or pleading within 20 days after serving the opposing party or before filing it with the court; judgment may not be granted without compliance unless the court orders otherwise.
In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading, or before filing such petition or pleading in court, serve a copy of the same upon the Circuit Court Commissioner supervising the Office of the Family Court Commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court.
Page 19 | RULE 12: FAMILY LAW
The notice of hearing must be served on the opposing party within the time prescribed by statute or local rule.
Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and/or local rule.
Page 19 | RULE 12: FAMILY LAW
When property settlement is contested, each party must furnish the opposing party a documented booklet containing the property exhibits, appraiser information, and other material needed to make the booklet information admissible in evidence.
Where a contest on property settlement arises, each party will furnish the opposing party a documented booklet which is to include all exhibits (or photocopies of same) in regard to said property, as well as a list of all appraisers - name, address and brief description of expected testimony or appraisal as well as any other material needed so that booklet information would be admissible in evidence and avoid as much as possible direct testimony, but could be used for cross examination of the witness.
Page 19 | RULE 12: FAMILY LAW
The required notices must be in writing, and the party must comply with the cited statute and its amendments.
The said party shall comply with §767.481, Wis. Stats., and amendments thereto and said notices are to be in writing.
Page 20 | RULE 12: FAMILY LAW
The presiding judge must forward a copy of the pre-sentence investigation to the district attorney and any defense counsel.
The Department of Corrections shall file seven (7) days prior to the sentencing hearing an original and two (2) copies of the pre-sentence investigation with the presiding judge who shall forward a copy to the district attorney and defense counsel, if any.
Page 21
The clerk will not mail conformed copies unless the requesting person provides a self-addressed envelope with proper first-class postage.
Conformed copies of documents will not be mailed by the clerk of court unless the requesting person has provided a self-addressed envelope with proper first class postage affixed.
Page 4 | RULE 2: GENERAL PROVISIONS
When the defendant was personally served, pre-judgment notice is not required except in mortgage foreclosure cases.
Except as to mortgage foreclosures, notice to the defendant is not required prior to entry of a default judgment where personal service was obtained upon the defendant.
Page 13 | RULE 9: CIVIL
A judge may require additional notice or proof concerning service, damages, or costs in an individual case.
Any judge may, in an individual case, require further notice or proof regarding service, damages or costs if appropriate.
Page 13 | RULE 9: CIVIL
In small claims actions other than evictions, summons may be served by mail instead of personal or substituted service; regular mail is limited to Kewaunee County, while certified mail, personal service, or substituted service is acceptable outside the county.
Kewaunee County by this rule authorizes the service of summons in all small claims actions, except eviction actions, by mail in lieu of personal or substituted service. Regular mail is limited to Kewaunee County. Certified mail, personal or substituted service outside of the county is acceptable.
Page 16 | RULE 11: SMALL CLAIMS
Filing Fees and Waivers
For indigency-based fee-waiver requests outside felony and misdemeanor proceedings, the specified petition, affidavit, and order must be completed; the presiding judge may waive these requirements in extraordinary circumstances if doing so will permit justice to be served.
In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a "Petition for Waiver of Fees/Costs, Affidavit of Indigency and Order" must be completed. An appropriate form is available in the clerk of court’s office. Under extraordinary circumstances the presiding judge may waive these requirements if the waiver of the requirements will permit justice to be served.
Page 4 | RULE 2: GENERAL PROVISIONS
The nonrefundable jury fee is payable at or before the scheduling conference or at a time set in the Scheduling Order or within ten (10) days of initial appearances in forfeiture matters.
The nonrefundable jury fee is payable at or before the scheduling conference or at a time set in the Scheduling Order or within ten (10) days of initial appearances in forfeiture matters.
Page 4 | RULE 2: GENERAL PROVISIONS
A jury fee is assessed when a civil jury trial settles within two business days of trial, but the presiding judge may waive the assessment for good cause.
When a civil jury trial is settled within two (2) business days of the trial date, a jury fee for a twelve (12) person jury or for a six (6) person jury, as applicable, shall be assessed. The presiding judge may waive the late settlement assessment upon a showing of good cause.
Page 12 | RULE 8: LATE SETTLEMENT ASSESSMENTS
A party seeking to enforce a divorce judgment or family court commissioner temporary order must pay the required fee.
Prior to obtaining a date and time from the court, any party seeking to enforce a judgment or portion of judgment of divorce or a temporary order of the family court commissioner, shall file with the clerk of court an Order to Show Cause or other appropriate motion and pay such fee as required.
Page 19 | RULE 12: FAMILY LAW
In independent adoption proceedings, adoptive parents must advance $250, or the amount otherwise set by statute, for appointment of a guardian ad litem for the minor child and/or minor natural parent.
In all independent adoption proceedings the adoptive parents shall advance the sum of $250.00 or as otherwise set forth by statute for the appointment of the Guardian ad Litem for the minor child and/or the minor natural parent[s].
Page 23 | RULE 15: ADOPTIONS
On the guardian ad litem's motion and a showing that the expert is necessary to perform the guardian ad litem's duties, the court shall order either or both parties to pay the expert witness fee.
In addition, upon motion by the guardian ad litem, the court shall order either or both parties to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary in order to assist the guardian ad litem in performing his or her functions or duties under ch. 767, Wis Stats.
Page 17 | 1209
The court determines a reasonable guardian ad litem compensation rate and shall order either or both parties to pay all or part of the compensation.
The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of that guardian ad litem.
Page 17 | 1209
Mediation and study fees must be paid to the Clerk of Court in Kewaunee using an accepted payment method; parties' personal checks and payments to Family Court Services are not accepted.
Fees for mediation and custody or physical placement studies are payable directly to the Clerk of Court, Courthouse, Kewaunee, WI 54216. The clerk of court will accept cashier’s checks, cash, money orders, or checks drawn on an attorney's account. Personal checks of the parties will not be accepted. Payment cannot be accepted by the Family Court Services.
Page 17 | 1207
When a guardian ad litem is appointed in a family action, at least $250 must be prepaid to the clerk upon acceptance of the appointment, subject to further court order.
In any action affecting the family in which a guardian ad litem is appointed by the court, a full or partial prepayment in the minimum amount of $250.00 shall be paid to the clerk of court, upon acceptance of the appointment, to be held subject to further order of the court.
Page 17 | 1208
A county-ordered payment of guardian ad litem compensation may not exceed the applicable compensation paid to private attorneys under the cited provisions.
If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under §977.08(4m)(b), Wis. Stats. or SCR 81.02 as the court deems appropriate.
Page 17 | 1209
Guardian ad litem fees must be billed at one of the stated applicable rates, and Kewaunee County cannot be ordered to pay above the SCR 81.02 rate.
Guardian ad litem fees in all cases shall be billed at the attorney’s customary hourly rate, the rate of compensation established by SCR 81.02, or as determined reasonable by the court. Under no circumstances will the court order Kewaunee County to pay compensation in excess of the rate established in SCR 81.02.
Page 17 | 1210
Custody and physical placement mediation beyond the initial session costs $200 or the amount otherwise set by statute.
The cost for custody and physical placement mediation provided by family court services shall be $200.00 or as otherwise set forth by statute, for all mediation beyond the initial session.
Page 17 | 1206
If both parties are indigent, the court may direct the county of venue to pay the guardian ad litem compensation and fees.
If both parties are indigent, the court may direct that the county of venue pay the compensation and fees.
Page 17 | 1209
A custody or physical placement study costs $300 or the amount otherwise set by statute.
The cost for a custody or physical placement study shall be $300.00, or as otherwise set forth by statute.
Page 17 | 1206
The court may order one or both parties to prepay the mediation or study fees.
The court may order one or both of the parties to prepay these fees.
Page 17 | 1206
A party alleging inability to pay may seek relief by motion; the court shall reduce fees according to ability to pay or provide services without payment if both parties cannot pay, and may order a nonindigent party to pay when the other is indigent.
If one or both of the parties allege that they are unable to pay the fees, that party may request relief from payment by motion which may be made to the family court commissioner or the court in an original action and to the court in a post-judgment action. The court shall reduce the fees in accordance with the party's ability to pay or provide the services without payment of the fees if both parties are unable to pay. If one of the parties is indigent, the court or family court commissioner may order the other party to pay the fee.
Page 18 | 1213
The court or family court commissioner may order reimbursement of fees advanced by another party, considering the parties' relative ability to pay, the result, settlement efforts, and other equitable factors.
The court or family court commissioner may also require a party to reimburse the other party for fees advanced by that party. Factors to be considered as to reimbursement are the relative ability of the parties to pay, the results of the action, the conduct of the parties with respect to attempts to obtain a settlement by other than resort to the judicial system, and other equitable factors which the court might consider.
Page 18 | 1214
In a post-judgment custody or physical placement matter, the party seeking a change is responsible for payments due in advance.
In a post-judgment matter relating to the custody or physical placement of a child or children the party seeking a change in the judgment with respect to those issues shall be responsible for any payments due in advance.
Page 18 | 1212
In an original action involving custody or physical placement, the parties are equally responsible for fees due in advance and are presumed equally responsible for total mediation, study, and guardian ad litem fees.
In an original action where custody or physical placement of a child or children is an issue the parties shall be equally responsible for the payment of any fees for mediation, custody or physical placement studies or guardian ad litem fees due in advance and will be presumed to be equally responsible for the total fees.
Page 18 | 1211
Adoptive parents are responsible for all other costs associated with the adoption proceedings.
The adoptive parents shall be responsible for all other costs associated with the adoption proceedings.
Page 23 | RULE 15: ADOPTIONS
No filing fee is required for a facsimile filing transmitted through a non-court agency, party, or company.
a. No filing fee is required.
Page 5 | RULE 3: FACSIMILE TRANSMISSIONS
No filing fee is required for the directly transmitted facsimile filing described in this subsection.
4. No filing fee is required.
Page 5 | RULE 3: FACSIMILE TRANSMISSIONS
Courtesy Copy Requirements
Unless the Scheduling Order provides otherwise, a summary judgment motion must be filed with the clerk and a copy provided to the judge.
Unless provided otherwise in the Scheduling Order, a motion for summary judgment shall be filed with the clerk of court and a copy with the judge together with any brief or other
Page 12 | RULE 9: CIVIL
A copy of the brief must be filed with the judge together with the Notice of Motion at least 10 days before the scheduled hearing.
a copy shall be filed with the judge with the Notice of Motion at least days ten (10) days prior to any scheduled hearing date.
Page 13 | RULE 9: CIVIL
Sealing & Redaction Procedures
Juvenile court records are confidential and may be disclosed only as allowed by statute and, where required, by court order.
Juvenile court records are deemed confidential and disclosure about same shall only occur when allowed by statute and court order where required.
Page 23 | RULE 16: JUVENILE
Adjournment & Extension Requirements
Adjournment requests must be written, addressed to the judge, served on all opposing parties, and received at least ten days before the scheduled matter; the time limits may be waived for good cause.
Requests for adjournments must be in writing, addressed to the judge, served on all opposing parties and received by the judge not later than ten (10) days prior to the scheduled matter. The time limits may be waived for good cause.
Page 10 | RULE 7: SCHEDULING/ADJOURNMENTS
In civil matters, the parties must join in writing in any adjournment request.
In civil matters the parties shall join, in writing, in any request for adjournment.
Page 10 | RULE 7: SCHEDULING/ADJOURNMENTS
A continuance request must include an affidavit specifically stating the reason in writing and signed by all parties’ attorneys and their clients.
It is hoped that continuances will be avoided as much as possible, however, in the event one is requested for any matter, the following are required: An affidavit citing the reason for continuance specifically spelled out, in writing, signed by attorneys for all parties, and signed by clients of all attorneys.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
Adjournments are discretionary and will be granted only for good cause.
Adjournments are not a matter of right and will only be granted for good cause.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
A requested change to a scheduling order, motion date, or pretrial must proceed by counsel’s motion or further court order, not individual correspondence; the matter is heard by a motion set for a specific date and time or by a conference call arranged and paid for by the requesting party with the appropriate participants.
Any change in a scheduling order, motion date or pre-trial shall be by motion of counsel or further order of the court. Individual correspondence will not be considered for changes requested. The matter will be heard by either: Motion filed and set for a specific date and time by the judicial assistant, clerk of court or register in probate and heard prior to the default of whatever item change is requested for; or by conference call arranged and paid for by party requesting changes with all attorneys and/or appropriate parties.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
Unless the court directs otherwise, the party receiving an adjournment must notify opposing counsel and, where appropriate, all parties, witnesses, and interpreters.
Unless otherwise directed by the court, the party receiving the adjournment shall be solely responsible for notifying opposing counsel and, where appropriate, all parties, witnesses, and interpreters that the hearing, trial, etc., has been adjourned.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
An adjournment must be set to a definite date and may not be indefinite or day-to-day.
All adjournments shall be made to a date certain, and no adjournment shall be indefinite or day-to-day.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
Counsel must request an adjournment as soon as aware of a conflict, and no adjournment will be granted without court approval.
Any requests for adjournments for the status/scheduling/final hearing must be made as soon as counsel is aware of a conflict. No adjournments will be granted without court approval.
Page 18 | 1217
A stipulated trial continuance requires the named parties’ written or on-record consent and good cause; a contested request requires a motion, hearing, and good cause, and all continuances require court approval.
A stipulated request for continuance of the trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown. A contested request for continuance must be on motion and hearing and for good cause shown by the party. All requests for continuance are subject to the approval of the court.
Page 21
Adjournment requests must be in writing and received at least 48 hours before the hearing, unless the court provides otherwise.
All requests for adjournments must be in writing and received not later than forty-eight (48) hours prior to the hearing except as otherwise provided by the court.
Page 23 | RULE 16: JUVENILE
When scheduling hearings, meetings, and conferences, reasonable extensions should be granted if they will not adversely affect the court calendar or a client’s interests.
In scheduling all hearings, meetings and conferences, be considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or client's interests.
Page 7 | RULE 4: RULES OF DECORUM
Applicable civil and criminal procedure rules and specific local court rules govern adjournment requests.
Where applicable, the Rules of Civil and Criminal Procedure and specific local court rules will control all requests for adjournments.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
Scheduling conflicts are resolved in favor of the first scheduled hearing unless the presiding judge rules otherwise for good cause.
If necessary, scheduling conflicts will be resolved in favor of the first scheduled hearing, unless, for good cause, the presiding judge rules otherwise.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS
Cases may be adjourned only once to accomplish the specified consolidation, unless applying the consolidation and adjournment rules would work manifest injustice to a party.
Cases may be adjourned only once to effect consolidation of the cases ready for trial with cases expected to be ready shortly for trial. The rules for consolidation and adjournment for consolidation shall not apply when it appears to the court that application would work manifest injustice to any party.
Page 14 | RULE 9: CIVIL
After the 20-day period expires, the court may, in its discretion, extend the time to serve the commissioner upon petition and without notice.
After the expiration of the 20 day period specified above, the court may in its discretion, upon petition and without notice, extend the time within which service shall be made upon the Circuit Court Commissioner supervising the Office of the Family Court Commissioner.
Page 19 | RULE 12: FAMILY LAW
Adjournments of court trial dates in forfeiture matters, state traffic crimes, and misdemeanors are granted only with great reluctance and by the judge.
Adjournments of court trial dates in forfeiture matters, state traffic crimes and misdemeanors are only granted with great reluctance and by the judge only.
Page 23 | RULE 14: CRIMINAL LAW AND TRAFFIC
Chambers Communication Rules
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion.
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion.
Page 3 | RULE 2: GENERAL PROVISIONS
A scheduling conference may be held by telephone unless personal appearance is required or a motion is or will be scheduled or appropriate to be heard; the requesting person must arrange and pay for the call and give 48 hours’ advance notice to attorneys, unrepresented parties, and the court.
Unless personal appearance is specifically required or a motion is or will be filed and scheduled to be heard or is appropriate to be heard, the scheduling conference may be by telephone subject to the following: the person desiring the telephone conference will make all the arrangements, the person desiring the telephone conference will pay for the call, and the person desiring the telephone conference will give 48 hours advance notice to all the attorneys, unrepresented parties and the court.
Page 12 | RULE 9: CIVIL
All motions must be scheduled by calling the judicial assistant, who will provide the argument date and time.
When filing a motion, all motions (pre-trial and otherwise) must be scheduled by calling the judicial assistant who will provide a date and time for argument.
Page 13 | RULE 9: CIVIL
Counsel must advise the court in writing of future jury-trial engagements; the court generally avoids conflicting day-calendar settings but may make exceptions when circumstances warrant.
Counsel are required to keep the court advised in writing of future engagements in the trial of jury cases so that day calendars may be prepared that will not result in conflicts with engagements in other courts. When so advised, the court, as a general rule, will refrain from placing a case on the day calendar that will result in such a conflict. Exceptions to such general rule may be made when the circumstances, in the court's judgment, warrant such action.
Page 11 | RULE 7: SCHEDULING/ADJOURNMENTS