La Crosse County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Motion

Every motion must include the specified language about prepayment and possible reallocation of the CAT fee and the Court’s consideration of the CAT Recommendation Report.

All motions shall contain the following language:The party requesting CAT participation shall be responsible for prepayment of the $550 CAT fee. This sum may be reallocated, in whole or in part, to the other party at the de novo hearing. CAT participation is not required for the Court to consider the CAT Recomendation Report."

CRITICAL

Applies to

Facsimile filing

For a facsimile transmission exceeding 15 pages, the party or attorney must certify that the assigned judge or court commissioner approved the exception.

If a facsimile transmission exceeds 15 pages, the party or attorney shall certity that the assigned judge or court commissioner has approved the exception to the page limit.

CRITICAL

Applies to

Motion

A party requesting more time for attorney voir dire must make the request by written motion.

Any such lengthened attorney voir dire examination requested by a party shall be by written motion made and heard by the court at least 15 days prior to the date scheduled for jury selection.

CRITICAL

Applies to

Order resulting from cat recommendation

Every order resulting from a CAT recommendation must state that a de novo review must be filed with the clerk no later than 60 days after the recommendation hearing.

All orders resulting from a CAT recommendation shall include a statement that the time for a de novo review of the order must be filed with the clerk of circuit court no later than 60 days from the date of the recommendation hearing.

CRITICAL

Applies to

Gal fee petition

Must include

proposed order

A GAL’s fee petition must provide hours and activity information, include a proposed order and the prior payment-responsibility order, and ensure payment responsibility is addressed before the final hearing.

When the G.A.L. in a family case petitions the court for approval of his/her bill, in addition to providing the necessary information regarding the number of hours and the types of activities, the G.A.L. shall also submit an order for the Judge's signature providing for responsibility for the payment of the fees. Such petition shall additionally include a copy of the courts previous order requiring one or both of the parties or the county to be responsible for payment. It shall be the obligation of the G.A.L. to insure that the issue of responsibility for payment is addressed prior to the final hearing.

CRITICAL

Applies to

Affidavit

Any additions to principal must be fully supported by an appropriate affidavit.

Any additions to principal must be fully supported by proof of appropriate affidavit.

CRITICAL

Applies to

Consolidations plea agreements and rights forms

Consolidations, plea agreements, and rights forms must be signed before the case is called in court, or the case will be rescheduled.

Consolidations, plea agreements and rights forms must be signed prior to the time a case is called in court or the case will be rescheduled to a later date.

CRITICAL

Applies to

Motion

A motion that does not request CAT participation must include the specified notice that a written participation request is due within 15 days of service or is waived.

If CAT participation is not requested, the motion shall contain this language: "You have 15 days from the date of service to file a written request for CAT participation at the de novo hearing or said request is deemed waived."

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must comply with Wisconsin Statutes § 802.08 unless the court's scheduling order provides otherwise.

A motion for summary judgment shall comply with Wisconsin Statutes Sec.802.08 unless the court scheduling order provides differently.

CRITICAL

Applies to

Order appointing attorney

Appointed counsel must promptly prepare and forward an appointment order to the appointing judge for signature.

When an attorney is appointed, by the court, to represent a defendant, the attorney shall promptly prepare and forward to the appointing judge for signature, an order appointing the attorney in the matter.

CRITICAL

Applies to

Petition to terminate

A guardian or parent seeking termination must file a petition, and the court must approve it before the guardianship is terminated.

Before a guardianship will be terminated, a guardian or parent must file a petition to terminate the guardianship which must be approved by the court.

CRITICAL

Applies to

De novo motion form

When form FA-4130V is used, the Judicial Assistant must ensure the specified CAT participation, waiver, and fee language is inserted before a hearing date is scheduled.

If a de novo motion form (FA-4130V) is used, the Judicial Assistant for the assigned court shall ensure the CAT participation/waiver/fee language noted above is inserted in the motion before scheduling a hearing date;

CRITICAL

Applies to

Separate judgment

If both parties cannot pay, the court shall enter a separate judgment for the fees against the responsible party or parties, and shall direct an attorney to prepare and submit it for docketing.

If both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees. The court shall direct one of the attorneys to prepare and submit such judgment in a form appropriate for docketing.

CRITICAL

Applies to

Facsimile filing

Every facsimile filing must include a cover page listing the sender, page count, case number and caption, assigned judge, and date and time of the proceeding for which it is intended.

A cover page shall be added to all facsimile filings and shall include: the name of the sending party or attorney; the number of pages; the case number and caption; the assigned judge; and, the date and time of the proceeding for which it is intended.

CRITICAL

Applies to

Notice of hearing

A hearing will not be heard if its notice does not include the allotted hearing time.

If no length of time is included in the notice, the matter will not be heard.

CRITICAL

Applies to

Issues for review memorandum

Counsel or pro se litigants must submit an Issues for Review Memorandum at least 20 days before the Scheduling Conference, identifying disputed CAT analysis and recommendations and stating whether CAT participation is requested or declined.

At least twenty ("20") days prior to the Scheduling Conference, counsel or pro se litigants shall submit an Issues for Review Memorandum to the circuit court addressing the specific analysis and recommendations proffered by the CAT that are in dispute. This memorandum shall indicate whether CAT participation in the trial is requested or declined.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must state the time allotted for the hearing, obtained from the appropriate judge's judicial assistant before the notice is sent.

All matters to be set on for any hearing before the court shall include in the Notice of Hearing the length of time the Court has allotted to hear the matter. This time frame will have been obtained from the appropriate Judge's judicial assistant prior to such notice being sent out.

CRITICAL

Applies to

Affidavit of default or summary judgment support

The original note and mortgage must be attached to the affidavit of default or summary-judgment support.

Original note and mortgage must be attached to affidavit of default or in support of summary judgment.

CRITICAL

Applies to

De novo review motion

A motion requesting de novo review must state whether CAT participation is requested.

The party requesting de novo review shall specify in the motion whether CAT participation is requested.

CRITICAL

Applies to

Consolidated case files

All files in consolidated cases must be before the consenting judge when the plea occurs.

All consolidated files must be before the consenting judge at the time of the plea.

CRITICAL

Applies to

Reimbursement judgment

The court shall immediately grant a separate judgment after the first missed payment for the amount of the reimbursement, in favor of the county and direct the G.A.L. to prepare and submit such judgment in a form appropriate for docketing.

The court shall immediately grant a separate judgment after the first missed payment for the amount of the reimbursement, in favor of the county and direct the G.A.L. to prepare and submit such judgment in a form appropriate for docketing.

CRITICAL

Applies to

Affidavit of default or summary judgment support

Affidavits of default or in support of summary judgment must state the default period and amount, and the full amounts due on the hearing date.

Affidavits of default or in support of summary judgment must clearly set forth period of default, amount of default and full amount of interest, principal, late charges, etc. due on hearing date.

CRITICAL

Applies to

Supporting affidavit for default or summary judgment

A supporting affidavit for a default or summary judgment motion in an owner-occupied residential foreclosure must state compliance with the rule.

If a Plaintiff moves for Default or Summary Judgment in an owner-occupied residential foreclosure, the supporting Affidavit shall include a statement indicating compliance with this rule.

CRITICAL

Applies to

Motion for cat scheduling conference

After mediation has been attempted and failed, either party may petition for a custody assessment; the voluntary CAT process is initiated by filing a Motion for a CAT Scheduling Conference.

When a mediator certifies to the court the mediation has been attempted and failed, either party may petition for an assessment order. A Custody Assessment Team (CAT) consisting of the guardian ad litem, a child development specialist, and a mediation/case evaluator will assess the family and make a recommendation as to a suitable parenting plan within 90 days. The CAT process is voluntary. To initiate this process, a Motion for a CAT Scheduling Conference must be filed.

CRITICAL

Applies to

Summons and complaint

In covered residential foreclosure actions, the plaintiff must serve the Notice of Availability of Mediation and Application for Mediation with the Summons and Complaint, unless the parties attempted mediation before filing.

In all owner-occupied residential foreclosure actions filed in La Crosse County after the effective date of 12/15/2011, the plaintiff shall attach to the Summons and Complaint served on the defendant/homeowner the following forms: 1) Notice of Availability of Mediation and 2) Application for Mediation. This requirement shall not apply if the parties have attempted mediation pursuant to the terms of this rule prior to filing of the action.

CRITICAL

Applies to

Pleadings and affidavits of default or summary judgment support

Pleadings and supporting affidavits must state the factual basis for applying the specified Wisconsin statutes and identify which statute section applies.

Pleadings and affidavits of default or support of summary judgment must clearly set forth the factual basis for the application of Sec. 846.101, 846.102 or 846.103 Wis. Stats. and set forth which statute section

WARNING

Applies to

Updated report

If a litigant requests CAT participation at trial, the team will conduct further investigation and file an updated report covering events since the Family Court Recommendation hearing.

When CAT participation is requested by a litigant, the team will conduct further investigation and file and updated report to reflect what has transpired since the Recommendation hearing in the Family Court.

WARNING

Applies to

Release

The proposed guardian and petitioner are expected to sign any releases needed for the Guardian ad Litem’s investigation.

Both the proposed guardian and petitioner will be expected to sign any releases necessary to allow the guardian ad litem to conduct a proper investigation into the need for the guardianship and fitness of the proposed guardian.