Kewaunee County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Scheduling conference statement

For a scheduling conference, each counsel must be prepared to provide the court a written case statement addressing contemplated motions, interpleaders and discovery, independent medical examinations, unresolved coverage questions, finality of pleadings, and settlement demands and offers.

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.

CRITICAL

Applies to

Plea statement

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.

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.

CRITICAL

Applies to

Temporary hearing documents

At a temporary hearing, each party must bring twelve weeks of wage statements, an under-oath financial disclosure statement, and copies of the prior two years' state and federal tax returns in that party's possession or control.

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.

CRITICAL

Applies to

Plea agreement

In non-felony cases, the plea agreement may be reduced to a written stipulation at the conference’s conclusion and filed with the judge together with a Plea Questionnaire and Notice of Appeal Rights.

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."

CRITICAL

Applies to

Pretrial conference report

The results of every pre-trial conference must be reported to the judge.

The results of all pre-trial conferences shall be reported to the judge.

CRITICAL

Applies to

Adr report

The parties must report in writing their selected ADR process, provider, and fee-payment arrangements, or explain why ADR is not appropriate.

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.

CRITICAL

Applies to

Final judgment

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.

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.

CRITICAL

Applies to

Property settlement booklet

The documented property-settlement booklet must include the property exhibits, appraiser information, and other material needed to make its 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.

CRITICAL

Applies to

Objection

Objections to the form or content of a submitted document must be filed in writing with the court within five business days of service or mailing.

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.

CRITICAL

Applies to

Motion brief

Each motion must be written and accompanied by a brief statement of its purpose, supporting reasons, and local authorities.

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.

CRITICAL

Applies to

Waiver statement

A movant who does not wish to file a brief or other documents must file a statement waiving that right.

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.

CRITICAL

Applies to

Stipulated divorce commissioner hearing filings

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.

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.

CRITICAL

Applies to

Notice to close public proceedings

The required notice to the court and media coordinator must be in writing, subject to the good-cause exception.

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.

CRITICAL

Applies to

Pleading

All pleadings filed with the court must include the State Bar Code, appropriate case classification type, and case code number.

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.

CRITICAL

Applies to

Summons and complaint

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.

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

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing date and time and 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.

CRITICAL

Applies to

Jury instruction

A requested Wisconsin Civil or Criminal Instruction must include the applicable language and alternative and generally may not be identified only by number, except when its exact language is identifiable by number and title.

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.

CRITICAL

Applies to

Fee waiver request

A party seeking an indigency-based waiver in an action other than a felony or misdemeanor proceeding must complete the specified petition, affidavit, and order.

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.

CRITICAL

Applies to

Letter report

Each counsel must send the court a written letter report about the conference results 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.

CRITICAL

Applies to

Court filing

Must include

case number

All papers, pleadings, motions, etc., shall be on substantial paper and contain the case number assigned in the caption.

All papers, pleadings, motions, etc., shall be on substantial paper and contain the case number assigned in the caption.

CRITICAL

Applies to

Adr report

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.

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.

CRITICAL

Applies to

Divorce judgment

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.

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.

CRITICAL

Applies to

Program attendance certification

Certification that each party attended at least four hours of the approved program must be filed with the court 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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Trial request

For an attorney not to appear in a state traffic crime after filing a retainer letter, not-guilty plea, and trial request, written client authorization is required, along with a written jury-trial waiver if the client wishes to waive a jury.

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.

CRITICAL

Applies to

Plea hearing

A completed Plea Questionnaire must be filed before the court proceeds to a plea hearing.

No court will proceed to a plea hearing until a completed "Plea Questionnaire" has been filed.

CRITICAL

Applies to

Law enforcement adjournment request

A law enforcement adjournment request must include the prosecuting attorney’s written approval and be served on opposing counsel or unrepresented parties when 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.

CRITICAL

Applies to

Status scheduling final hearing submission

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.

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.

CRITICAL

Applies to

Document submitted for signature

Submitting counsel must include a form or postcard for notification of signing.

Notification of signing will be made upon a form or postcard to be included by submitting counsel.

CRITICAL

Applies to

Stipulation and order

The reconciliation Stipulation and Order must state the date for the parties to report reconciliation status and request dismissal of the divorce action or resumption of proceedings.

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.

CRITICAL

Applies to

Scheduling conference statement

Each attorney must provide the court and counsel a copy of the Scheduling Conference Statement in advance.

Each attorney shall supply the court and counsel with a copy of a Scheduling Conference Statement in advance.

CRITICAL

Applies to

Plea questionnaire

A plea questionnaire must be completed before the court accepts an admission or no-contest plea.

A plea questionnaire must be completed prior to the acceptance of any admission or no contest plea.

CRITICAL

Applies to

Pretrial conference

For non-felony pre-trial conferences, the defense attorney must have a written waiver of appearance and authorization to enter a binding plea agreement.

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.

CRITICAL

Applies to

Objection to dismissal

Objections to dismissal must be made in writing to the judge with jurisdiction over the action.

Objections to dismissal shall be made in writing to the judge having jurisdiction of the action to be dismissed.

CRITICAL

Applies to

Motion in limine

A motion in limine must be written, include a written discussion and legal authorities, be made at least 30 days before trial, and 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.

CRITICAL

Applies to

De novo hearing request

A De Novo hearing request must state with reasonable specificity the issues to be addressed at the hearing.

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.

CRITICAL

Applies to

Default judgment notice

The notice must state that the defendant has 10 days from its date to request a hearing in writing or default judgment will be entered.

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.

CRITICAL

Applies to

Divorce final hearing documents

In divorce actions where neither party has an attorney, the specified proposed documents and financial disclosures must be submitted to the commissioner at least 20 business days before the hearing, and approved originals plus two copies of each must be filed at least 5 business days before the final 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.

WARNING

Applies to

Wage assignment

An executed wage assignment should be prepared and ready to file if it may apply under Wisconsin law.

An executed wage assignment should be prepared and ready to file if it could apply to the matter per Wisconsin Statutes.

WARNING

Applies to

Court filing

Where appropriate, only approved forms shall be used.

Where appropriate, only approved forms shall be used.

WARNING

Applies to

Default judgment application

After the period to request a hearing expires, the plaintiff may apply for default judgment by affidavit of notice to the defendant.

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.

WARNING

Applies to

Order to appear

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.

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.

WARNING

Applies to

Pleading

Pleadings should be addressed to the clerk of court for filing.

All pleadings should be addressed to the clerk of court for filing.

INFO

Applies to

Proof of recording

Proof of recording may be established by filing a Proof of Recording showing that it was recorded and signed by the register of deeds or the attorney for probate matters.

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.