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

CRITICAL

Applies to

Hearing notice

Service

Mail to all parties

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

Applies to

Law enforcement adjournment request

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.

CRITICAL

Applies to

Petition or pleading

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 business days

Service

Personal service to opposing party

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.