Kewaunee County Circuit Court, Wisconsin Filing Fees and Waivers

CRITICAL

Applies to

Order to show cause or motion

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.

CRITICAL

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.

CRITICAL

Applies to

Civil jury trial settlement

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.

CRITICAL

Fee

$250

Applies to

Adoption proceeding

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].

CRITICAL

Applies to

Jury fee

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Fee

250 $

Applies to

Guardian ad litem appointment

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Fee

200 $

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.

WARNING

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.

WARNING

Applies to

Adoption proceeding costs

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.

WARNING

Fee

300 $

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.

WARNING

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.

WARNING

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.

INFO

Applies to

Facsimile filing

No filing fee is required for a facsimile filing transmitted through a non-court agency, party, or company.

a. No filing fee is required.

INFO

Applies to

Facsimile filing

No filing fee is required for the directly transmitted facsimile filing described in this subsection.

4. No filing fee is required.