Court Rules

Lafayette County Circuit Court, Wisconsin

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Brief
40 pgs20,000 wds
Facsimile Transmission
15 pgs

Adjournments

  • The agency responsible for implementing a dispositional order must notify the court at least 30 days before the order terminates whether it will seek an extension.

Communication

Phone
1-608-776-4811
Phone

Clerk

Status InquiriesScheduling
Filters:

Page & Word Limits2 rules

Page LimitsMandatory

Briefs are limited to 40 pages, while handwritten briefs are limited to 20,000 words.

Brief
Up to 40 pages
Brief (handwritten)
Up to 20,000 words

Court's wording

Briefs shall not exceed 40 pages in length, shall be double spaced, and shall be typed in a font no smaller than 12 point. Handwritten briefs shall be legible, double spaced, and no more than 20,000 words.

Page LimitsMandatory

No transmission shall exceed fifteen (15) pages in length, inclusive of any cover sheet, unless the assigned judge has by order in advance permitted a greater length.

Page limit
Up to 15 pages

Document Format Requirements4 rules

FormattingMandatory

All requests for review of court records involving a juvenile shall be in writing.

LaFayette County Circuit Court Rules · Jun 2003 · p. 45
|SectionPart 13: Juvenile & Children's Court Policies & Procedures
FormattingMandatory

The exterior of the sealed material shall simply state "Sealed: not to be opened except upon express order of the court." No reference shall be made that the contents are "expunged" materials.

Formatting

  • No reference may be made that the contents are "expunged" materials
LaFayette County Circuit Court Rules · Jun 2003 · p. 46
|Section1316 Expunction of the record of a delinquency adjudication
FormattingImportant

Briefs must be double-spaced; typed briefs must use at least 12-point font, and handwritten briefs must be legible.

Line spacing
Double
Applies to
  • Brief

Formatting

  • Typed briefs must use a font no smaller than 12 point

Court's wording

Briefs shall not exceed 40 pages in length, shall be double spaced, and shall be typed in a font no smaller than 12 point. Handwritten briefs shall be legible, double spaced, and no more than 20,000 words.

FormattingImportant

All envelopes shall be of appropriate size to accommodate the size of the documents to be returned and shall contain correct postage amounts.

Document Filing Requirements59 rules

Filing RequirementsMandatory

The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 15 days of the date of the notice, default judgment shall be entered.

Filing RequirementsMandatory

Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, accompanied by an affidavit of the aforesaid notice to defendant.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

All summonses, warrants, subpoenas, and jury questionnaires and summonses must include the specified language about requesting disability-related auxiliary aids or services.

Court's wording

511 The following language shall be included on all summons, warrants, subpoenas and jury questionnaire and summons: "If you require the assistance of auxiliary aids or services because of a disability, call (608) 776-4832, and for the hearing impaired call TDD (608) 776-4883, and ask for the Court ADA Coordinator."

Filing RequirementsMandatory

If there is no existing law applicable to the motion, the moving party shall so state in the moving papers.

LaFayette County Circuit Court Rules · Jun 2003 · p. 9
|Section514 Motions to be Accompanied by Brief or Legal Memorandum
Filing RequirementsMandatory

A movant must set out the motion's legal grounds in a brief or legal memorandum containing the essential facts, applicable law, and application of law; it may be part of the motion or notice, or a separate document.

Court's wording

Movant shall set forth his/her legal grounds for the motion in a brief or legal memorandum which may be part of the motion, notice of motion, or a separate document. "Brief" is defined to be a written document by which counsel conveys to the court the essential facts of his/her client's motion, a statement of the law involved that he/she would have the court apply, and the application of the law he/she would have the court make to grant the order sought by the motion.

LaFayette County Circuit Court Rules · Jun 2003 · p. 9
|Section514 Motions to be Accompanied by Brief or Legal Memorandum
Filing RequirementsMandatory

The first page of a fax-filed document over 15 pages must certify that the applicable judge ordered an exception.

Document
Facsimile filing
Placement
First page

Court's wording

The first page of any document filed by facsimile transmission that is greater than 15 pages in length shall certify on the first page of such document that an exception has been ordered by the applicable judge.

Filing RequirementsMandatory

A motion in a criminal matter must meet the cited statutory criteria, including a brief description of the requested relief and particularized grounds, which may appear in the motion, notice, brief, or legal memorandum.

Court's wording

Any motion filed in a criminal court matter shall meet the criteria set forth in sec. 971.30(2), Wis. Stats. The sec. 971.30(2)(b), Wis. Stats., "brief description of the type of order or relief sought", and the sec. 971.30(2)(c), Wis. Stats., statement "with particularity (of) the grounds for the motion and the order or relief sought", may be set out in the motion, notice of motion, brief or legal memorandum.

LaFayette County Circuit Court Rules · Jun 2003 · p. 11
|SectionPart 6: Criminal Law Practice, Rule 602
Filing RequirementsMandatory

A brief must convey the essential facts of the motion, the law counsel or the party asks the court to apply, and how that law supports the requested order.

Court's wording

"Brief" is defined to be a written document by which counsel or party conveys to the court the essential facts of his/her client's motion; a statement of the law involved that he/she would have the court apply, and the application of the law he/she would have the court make to grant the order sought by the motion.

LaFayette County Circuit Court Rules · Jun 2003 · p. 11
|SectionPart 6: Criminal Law Practice, Rule 602
Filing RequirementsMandatory

A prosecutor seeking to amend or dismiss a charge covered by the rule must submit a written application stating reasons that address the public interest in deterring impaired driving.

Court's wording

Any prosecutor who seeks to amend or dismiss a charge under sec. 346.63(1) or (5) or a local ordinance in conformity therewith, or s. 346.63(2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, SHALL, pursuant to s. 967.055 do so by means of a WRITTEN APPLICATION to the court which states the reasons for the proposed amendment or dismissal. The stated reasons shall address the issue of whether the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, or other drug or combination thereof which renders him/her incapable of safely driving.

LaFayette County Circuit Court Rules · Jun 2003 · p. 12
|SectionPart 6: Criminal Law Practice, Rule 603
Filing RequirementsMandatory

A family action involving minor-child custody or placement issues cannot be brought for final hearing until a certification is filed showing that the parties and children completed the specified programs or comparable programs.

Court's wording

Pursuant to sec. 767.115, Wis. Stats., no action affecting the family which involves a minor child of custody, or placement of children issues may be brought on for final hearing until there has been filed with the court certification indicating the parties have completed the program Banana Splits for Parents or a comparable program and the children have completed the K-8 program Banana Splits for Children or a comparable program.

Filing RequirementsMandatory

The parties or their attorneys shall file certification of their and their K?8 childrens' completion of the applicable programs with the Clerk of Circuit Court at least 15 days before any final hearing, or motion hearing is held.

Filing RequirementsMandatory

the original of that stipulation/mediation agreement shall be filed with the Lafayette County Clerk of Circuit Court

Filing RequirementsMandatory

Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Courts Office a parenting plan no later than five (5) days before the Scheduling Conference is held.

Filing RequirementsMandatory

Upon filing a petition where petitioner knows that legal custody or physical placement will be contested, petitioner must attach a blank copy of local Form FA-612, Proposed Parenting Plan (as revised from time to time) to the petition served on the respondent.

Filing RequirementsMandatory

After a mediated agreement in a post-judgment divorce action, the parties, represented or not, must prepare an order incorporating or amending the judgment and present it to the Circuit Court for signature and entry.

Court's wording

In a post judgment divorce action where a referral of the parties to mediation results in their entering into or reaching a stipulated mediated agreement, the Lafayette County Family Court Commissioner will instruct the parties, whether they are represented by counsel or not, that they must prepare the appropriate order incorporating the stipulation into or as an amendment to the existing Judgment of Divorce and present that to the Lafayette County Circuit Court for its signature and entry.

Filing RequirementsMandatory

The motion or application for such review shall also include a statement that the motion is made within the time limits set forth by this rule.

Filing RequirementsMandatory

If such a motion is filed, prior to scheduling a de novo hearing, the moving party shall file with the Clerk of Courts the written order or written memoranda of an oral order signed by the Family Court Commissioner.

Filing RequirementsMandatory

A motion to review or seek a new hearing on a Family Court Commissioner decision must be written and include a supporting brief or memorandum of law.

Court's wording

Any motion for either a review of a decision of the Family Court Commissioner, or for a new hearing on the subject of the Family Court Commissioner's decision, order or ruling, shall be in writing and shall include a written brief or memorandum on the law in support of the motion.

Filing RequirementsMandatory

Juror for health or medical reasons cannot perform jury service. Documentation in the form of a medical practitioner's written statement is required to be filed with the court.

Filing RequirementsMandatory

A sole proprietor seeking excuse based on economic loss must send the clerk written documentation of the nature and extent of the probable loss.

Court's wording

Juror is a sole proprietor whose absence from his business would cause readily apparent economic loss. Written documentation of the nature and extent of probable loss the party would sustain due to jury service is required to be sent to the clerk.

Filing RequirementsMandatory

The order for recoupment shall reflect consideration of the economic circumstances of the parties as determined by the court at the time of the setting of the recoupment obligation.

Filing RequirementsMandatory

During the appointment, the Guardian ad Litem must provide the court and the parties monthly statements of fees and expenses incurred.

Court's wording

The Guardian ad Litem during the course of the performance of his or her appointed duties shall provide the court and parties with monthly statements of the fees and expenses incurred in carrying out the duties and obligations under the appointment.

Filing RequirementsMandatory

When any party in any action before the Lafayette County Circuit Court seeks to be relieved of the obligation to pay Guardian ad Litem fees, psychological assessment fees, or psychiatric interview and report fees or in any action makes application to the court for an order appointing counsel to represent that party at the expense of Lafayette County, that party shall file a copy of his or her moving papers with the Lafayette County

Filing RequirementsMandatory

A record shall be made of all threats and security incidents on a Threat/Security Incident Report form. Such record shall be made contemporaneously with the event being recorded or as soon after as possible. The original of such report shall be transmitted to the Court Security officer. If deemed appropriate, a copy may be maintained in the court offices affected.

LaFayette County Circuit Court Rules · Jun 2003 · p. 22
|Section1206 Threat/Security Incident Report form (GF-147)
Filing RequirementsMandatory

The referral agency shall be required to complete the custody intake referral form before intake is notified.

LaFayette County Circuit Court Rules · Jun 2003 · p. 26
|Section1305 Custody intake "decision guidelines"
Filing RequirementsMandatory

Intake referrals under the specified statutes must be submitted in writing on one of the appropriate Court Referral--Juvenile forms.

Court's wording

1. All intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral--Juvenile, Law Enforcement form or the Court Referral--Juvenile, Non-law enforcement form.

Filing RequirementsMandatory

Any deferred prosecution agreement that includes placement in a Youth Village as described in §118.42, intake shall provide written notice of that agreement or extension of that agreement to the circuit judge or juvenile court commissioner along with a proposed order for the court official to sign requiring compliance with that agreement.

Document
Deferred prosecution agreement notice

Must include

  • Proposed order
LaFayette County Circuit Court Rules · Jun 2003 · p. 38
|SectionPart 13: Juvenile & Children's Court Policies & Procedures
Filing RequirementsMandatory

If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile court clerk shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

LaFayette County Circuit Court Rules · Jun 2003 · p. 41
|Section1310 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)
Filing RequirementsMandatory

If a plea negotiation involves a Consent Decree, the consent decree must be reduced to writing, completely signed by all parties, and presented to the court prior to the deadline for plea negotiations.

Filing RequirementsMandatory

If signed, the signed copy of JD-1716 shall be filed in juvenile intake worker's file. If the child/juvenile or parent(s) did not sign, the juvenile intake worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

LaFayette County Circuit Court Rules · Jun 2003 · p. 42
|Section1310 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)
Filing RequirementsMandatory

Court reports that have been ordered by the court shall be completed and filed with the court not less than four working days before the scheduled dispositional hearing.

Filing RequirementsMandatory

All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for determination of status--delinquency.

Document
Reverse waiver delinquency proceeding

Must include

  • Petition for determination of status--delinquency
LaFayette County Circuit Court Rules · Jun 2003 · p. 46
|Section1317 Delinquency proceedings commenced by a reverse waiver
Filing RequirementsMandatory

If a proper request is made for information concerning the juvenile's adjudication, court personnel shall merely state that there is no record of a delinquency adjudication, although the remainder of the court file is open to inspection if it otherwise meets the criteria for opening records under §938.396.

LaFayette County Circuit Court Rules · Jun 2003 · p. 46
|Section1316 Expunction of the record of a delinquency adjudication
Filing RequirementsMandatory

Covered petitions must be referred to juvenile intake for an inquiry before the clerk may accept them for filing.

Court's wording

The Juvenile Court Clerk shall not accept for filing any petition under §§48.13 or 48.14, Wisconsin Statutes, presented by the counsel or guardian ad litem for a parent, relative, guardian or child, or directly by such a person acting without an attorney, unless that petition has been first referred to juvenile intake for an intake inquiry under §48.24, Wisconsin Statutes.

LaFayette County Circuit Court Rules · Jun 2003 · p. 47
|Section1318 Duties of the Juvenile Court Clerk in handling CHIPS petitions
Filing RequirementsMandatory

Upon receipt of any such petition the Juvenile Court Clerk shall refer the matter to the juvenile intake worker for an intake inquiry.

LaFayette County Circuit Court Rules · Jun 2003 · p. 47
|Section1318 Duties of the Juvenile Court Clerk in handling CHIPS petitions
Filing RequirementsImportant

A written request asking the clerk for file information must include a self-addressed envelope with sufficient postage for the clerk to return the information.

Court's wording

A party or party's attorney who writes or telephones a clerk of the Lafayette County Circuit Court and requests that clerk to provide file information, such as hearing dates and times, to the party or party's attorney, shall accompany their written request with a self?addressed envelope bearing sufficient postage in which the clerk can return the requested information.

Filing RequirementsImportant

Anyone requesting that the clerk fill in information on a document must submit a copy for completion and a self-addressed, sufficiently postage-paid envelope for its return.

Court's wording

Where a party or party's attorney files a document with a clerk of the Lafayette County Circuit Court and requests that the clerk fill in information called for in the body of the document, the party or attorney shall submit to the clerk a copy of the document in which the requested information is to be filled in and a self?addressed envelope bearing sufficient postage in which the clerk can return the copy to the party or party's attorney.

Filing RequirementsImportant

Anyone requesting that the clerk return a filed document copy must submit an additional copy and a self-addressed, sufficiently postage-paid envelope.

Court's wording

When a party or a party's attorney files a document with a clerk of the Lafayette County Circuit Court and requests that the clerk return a copy of that document to the attorney or party, the attorney or party shall submit to the clerk a copy of the document requested to be returned and a self?addressed envelope bearing sufficient postage in which the clerk can return the copy to the party or party's attorney.

Filing RequirementsImportant

A brief or legal memorandum is not required for the listed motions if the motion refers to the appropriate statute or supporting case law.

Court's wording

No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law: a) A motion for temporary orders at the commencement of family action under ch. 767 Wis. Stats. b) A motion for hearing on contempt pursuant to ch. 785 Wis. Stats. c) A motion for change of venue pursuant to §§801.51 or 801.52 Wis. Stats. d) A motion to compel discovery pursuant to §804.12 Wis. Stats. e) A motion for default judgment pursuant to §806.02(1) – (4) Wis. Stats. f) Any other motion for which a standard form has been approved by the Judicial Conference pursuant to §758.18 Wis. Stats.

LaFayette County Circuit Court Rules · Jun 2003 · p. 9
|Section514 Motions to be Accompanied by Brief or Legal Memorandum
Filing RequirementsImportant

Where the motion made entitles the movant to an evidentiary hearing, movant in his/her motion may reserve the filling of a brief or memorandum of law pending completion of that hearing. Such reservation does not exempt the filed motion from conforming to the requirements of sec. 971.30(2), Wis. Stats.

LaFayette County Circuit Court Rules · Jun 2003 · p. 11
|SectionPart 6: Criminal Law Practice, Rule 602
Filing RequirementsImportant

A brief or legal memorandum is not required for the listed discovery demands, bail-condition motions, or approved-standard-form motions, provided the motion cites the appropriate statute or supporting case law.

Court's wording

No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law: a) Discovery and inspection demands pursuant to §971.23 Wis. Stats. b) Motions for change of bail conditions pursuant to §§ 969.03, 969.035 and 969.08 Wis. Stats. c) Any other motion for which a standard form has been approved by the Judicial conference pursuant to §758.18 Wis. Stats.

LaFayette County Circuit Court Rules · Jun 2003 · p. 11
|SectionPart 6: Criminal Law Practice, Rule 602
Filing RequirementsImportant

Attorneys for the parties in signing the mediation agreement do so only to indicate they are reviewing the agreement as counsel, not signing the agreement as parties.

Filing RequirementsImportant

If the parties are represented by attorneys, (including Guardian ad Litem) the attorneys, clients, and mediator will sign the agreement

Filing RequirementsImportant

The Clerk of Circuit Court will provide a copy of such programs to the Chapter 767, Stats., action parties, their attorneys, and the Family Court Commissioner and indicate this on the face of the document.

Filing RequirementsImportant

Mediated agreements that are to be part of a temporary order are to be presented to the Family Court Commissioner for signing and entry.

Filing RequirementsImportant

and provide a letter of explanation to the parties that they must contact the Clerk of Courts for purposes of scheduling a final divorce hearing before the Lafayette County Circuit Court.

Filing RequirementsImportant

If neither party is represented by an attorney, then the parties and mediator shall sign the stipulation/agreement and the Lafayette County Family Court Commissioner will file it with the Clerk of Circuit Court

Filing RequirementsImportant

Proof of heirship shall be made in probate proceedings at the time designated in the order for determination of heirship, or as soon thereafter as counsel can be heard.

LaFayette County Circuit Court Rules · Jun 2003 · p. 17
|SectionPart 10: Probate Law Practice, Rule 1004
Filing RequirementsImportant

If the court is not available, information proving the final account and the filing of the documents required for closing the estate shall be done before the Register in Probate who shall certify to the probate judge that the file is in order for entry of judgment by the court.

LaFayette County Circuit Court Rules · Jun 2003 · p. 17
|SectionPart 10: Probate Law Practice, Rule 1005
Filing RequirementsImportant

If notice is to cease being sent to such attorney or to be sent to a different attorney, notice thereof shall be filed by said attorney(s) in said file.

LaFayette County Circuit Court Rules · Jun 2003 · p. 18
|SectionPart 10: Probate Law Practice, Rule 1007
Filing RequirementsImportant

Attorneys accepting guardian ad litem appointments shall submit a bill to the court on a monthly basis.

LaFayette County Circuit Court Rules · Jun 2003 · p. 18
|SectionPart 11: Miscellaneous Provisions, Rule 1103
Filing RequirementsImportant

An attorney wanting to be included in the probate courts mailings on guardianship or trust matters after the appointment and qualification of the guardian or trustee shall file notice thereof in the trust or guardianship file.

LaFayette County Circuit Court Rules · Jun 2003 · p. 18
|SectionPart 10: Probate Law Practice, Rule 1007
Filing RequirementsImportant

Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

LaFayette County Circuit Court Rules · Jun 2003 · p. 32
|Section1306 Original adult court criminal defendants--secure custody
Filing RequirementsImportant

The Court Minutes recorded by the Clerk will reflect that the court has made the necessary inquiries related to victim notification and consultation.

Filing RequirementsImportant

Any petition filed contrary to this rule may be dismissed without prejudice pending the intake inquiry.

LaFayette County Circuit Court Rules · Jun 2003 · p. 47
|Section1318 Duties of the Juvenile Court Clerk in handling CHIPS petitions
Filing RequirementsNote

Proof of heirship can be made under Rule 1003 before the Register in Probate if the probate judge is not available, and can be made upon testimony by an attorney with knowledge.

LaFayette County Circuit Court Rules · Jun 2003 · p. 17
|SectionPart 10: Probate Law Practice, Rule 1004
Filing RequirementsNote

An intake referral is not required if all four listed custody, hearing, and petition conditions have occurred.

Court's wording

4. Intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, are not required if all of the following have occurred: a. A custody intake decision was made pursuant to §§48.19 or 938.19, Wisconsin Statutes; b. A hearing on the custody has been held pursuant to §§48.21 or 938.21, Wisconsin Statutes; c. The person has been continued in custody (secure or nonsecure); and, d. A petition was filed with the court at or prior to the custody hearing or the court has authorized an extension of time to file a petition.

Filing RequirementsMandatory

A civil motion must comply with the cited statute, state its factual and legal grounds particularly, and include its supporting papers; noncompliance may result in sanctions, including dismissal.

Court's wording

Any motion filed in a civil court matter shall comply with the requirements of sec. 802.01(2) (a-e), Wis. Stats. The motion shall set forth with particularity the factual and legal grounds therefor. Papers supporting the motion shall be made part of the motion or notice of motion as directed by sec. 802.01(2)(b), Wis. Stats. Failure to comply with this rule may result in sanctions including dismissal of the motion.

LaFayette County Circuit Court Rules · Jun 2003 · p. 9
|Section514 Motions to be Accompanied by Brief or Legal Memorandum

Filing & Service rules

Electronic Filing Rules

Facsimile documents sent directly to the Lafayette County Circuit Court may be accepted only if no filing fee is required and the court incurs no additional fee or charge for accepting or receiving them.

Pursuant to Wis. Stat. 801.16(2) as amended, facsimile documents transmitted directly to the Lafayette County Circuit Court shall be accepted for filing only if: 1. No filing fee is required, and; 2. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

Page 9 | 516 Facsimile Filing Rule

Fax-filed documents must be sent to the official Lafayette County Clerk of Courts fax machine; documents sent to other fax machines are not properly filed.

The Clerk of Courts for Lafayette County shall maintain the official facsimile machine and all documents filed by facsimile transmission shall be filed with the Clerk of Courts for Lafayette County. Documents sent by facsimile transmission to facsimile machines other than the Clerk of Courts facsimile machine will not be accepted as being properly filed pursuant to this rule.

Page 10 | 516 Facsimile Filing Rule

Facsimile documents sent through a non-court agency, party, or similar entity may be accepted only if no filing fee is required and the court incurs no additional fee or charge for accepting or receiving them.

Facsimile documents transmitted to a non-court agency, party, or other similar entity for reception and ultimate transmittal to the court shall be accepted for filing only if: 1. No filing fee is required, and; 2. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

Page 10 | 516 Facsimile Filing Rule

Do not send additional copies of fax-filed papers; the clerk will disregard duplicates later received by the clerk, assigned judge, or court commissioner.

No additional copies may be sent. The Clerk of Courts shall disregard any duplicate papers subsequently received by the Clerk of Circuit Court, assigned judge, or court commissioner.

Page 10 | 516 Facsimile Filing Rule

Filing Timing and Cure Windows

Opposition briefs for these motions must be filed at least 2 business days before the hearing and may be disregarded if untimely.

Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than 2 business days prior to the hearing of the motion. Briefs filed in an untimely fashion may be disregarded by the court.

Page 6 | Part 5: Civil Practice

For motions other than summary judgment or dismissal, a supporting brief must be served and filed with the notice of motion or at least 10 days before the scheduled hearing.

If the movant desires to file a brief in support of a motion other than one for summary judgment or dismissal, the brief shall be served and filed with the judge's clerk with the notice of motion or at least 10 days prior to any scheduled hearing date.

Page 6 | Part 5: Civil Practice

A defendant must request a hearing in writing within 15 days of the notice date to avoid entry of default judgment.

The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 15 days of the date of the notice, default judgment shall be entered.

Page 6 | Part 5: Civil Practice

The sender is solely responsible for timely, complete receipt; a fax document is not filed if transmission errors make it missing, incomplete, or illegible, or if machine downtime prevents receipt.

The party transmitting the facsimile is solely responsible for ensuring the timely and complete receipt of the document. No document will be considered filed where: 1. There are errors or material omissions that result from errors in transmission causing missing, incomplete or illegible documents, or; 2. The document is not actually received because of periods when the facsimile machine is not operational for any reason.

Page 10 | 516 Facsimile Filing Rule

Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission after 4:30 p.m., or on weekends or holidays, are deemed filed at the opening of the office of the Clerk of Courts on the next business day.

Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission after 4:30 p.m., or on weekends or holidays, are deemed filed at the opening of the office of the Clerk of Courts on the next business day.

Page 10 | 516 Facsimile Filing Rule

Facsimile papers are filed upon receipt by the Clerk of Courts and become the official court record, which may not be substituted.

Facsimile papers are considered filed upon receipt by the Clerk of Courts and are the official record of the court and may not be substituted.

Page 10 | 516 Facsimile Filing Rule

If the defendant in a small claims action is a non?resident, the defendant shall permitted to join issue in any of the actions specified in sec. 799.01, Stats., without appearing on the return date by answering, either by mail or by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

If the defendant in a small claims action is a non?resident, the defendant shall permitted to join issue in any of the actions specified in sec. 799.01, Stats., without appearing on the return date by answering, either by mail or by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

Page 13 | Part 7: Small Claims Practice

A nonresident defendant covered by sec. 799.22(4)(am) may answer by telephone call to the Clerk's office at least two working days before the return date.

If the defendant is a non?resident under sec. 799.22(4)(am), Stats., then the defendant shall be permitted to join issue by answering by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

Page 13 | Part 7: Small Claims Practice

Certification must be filed at least 15 days before a final or motion hearing, and the hearing will not be held until compliance unless the court excuses it for good cause.

The parties or their attorneys shall file certification of their and their K?8 childrens' completion of the applicable programs with the Clerk of Circuit Court at least 15 days before any final hearing, or motion hearing is held. No such Chapter 767, Stats., hearing will be held until this court rule has been complied with unless compliance has been excused by the court upon a good cause showing by a party.

Page 15 | Family Law Practice

The parenting plan must be filed no later than five days before the Scheduling Conference.

Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Courts Office a parenting plan no later than five (5) days before the Scheduling Conference is held.

Page 16 | 907 Parenting Plans

A motion to review a Family Court Commissioner decision must be filed within 20 days of signing of the written memorandum or order; untimeliness may be grounds for dismissal.

motion of any party for review by the Lafayette County Circuit Court of a decision of the Lafayette County Family Court Commissioner, shall be filed with the Lafayette County Circuit Court within twenty (20) days of the signing of any written memorandum or order by the Family Court Commissioner. Any motion for either a review of a decision of the Family Court Commissioner, or for a new hearing on the subject of the Family Court Commissioner's decision, order or ruling, shall be in writing and shall include a written brief or memorandum on the law in support of the motion. The motion or application for such review shall also include a statement that the motion is made within the time limits set forth by this rule. Failure of a party to file a motion within the time limits set forth by this court may be a basis for the court to dismiss the motion on its merits.

Page 17 | Part 9: Family Law Practice

If a deadline passes while the clerk’s office or register in probate cannot conduct business, papers filed or fees paid on the next day business resumes are timely.

In the event that normal business hours cannot be maintained or normal business cannot be conducted in the office of the clerk of court and/or the register in probate, any papers filed or fees paid on the next day business is conducted shall be deemed timely, if a deadline passed while the office was unable to conduct business.

Page 21 | 1110 Holidays and Closing Court Offices Rule

When a child or juvenile is placed outside the home without a requested custody hearing, an intake referral must be filed within five days of the custody order to avoid automatic termination and release; this rule does not apply to specified defendants age 14 or under held in secure custody.

11. Deadline for petitions if no custody hearing is requested a. If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant to §§48.24 or 938.24, Wisconsin Statutes, has been filed within five (5) days of the date of the custody order. b. This rule does not apply to defendants age 14 or under charged with an original adult court jurisdiction matter who are being held in secure custody.

Page 31 | 11. Deadline for petitions if no custody hearing is requested

When the statutory grounds for an extension exist and no petition has been filed by the custody hearing, a petition in a ch. 48 matter must be filed within 72 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.

3. If a petition under either ch. 48 or ch. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: b. Ch. 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.

Page 34 | 1307 Custody hearings and petitions.

When the statutory grounds for an extension exist and no petition has been filed by the custody hearing, a petition in a ch. 938 matter must be filed within 48 hours after the hearing.

3. If a petition under either ch. 48 or ch. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: a. Ch. 938 matters: 48 hours from the time of the hearing.

Page 34 | 1307 Custody hearings and petitions.

Court-ordered reports must be filed at least four working days before the scheduled dispositional hearing.

Court reports that have been ordered by the court shall be completed and filed with the court not less than four working days before the scheduled dispositional hearing.

Page 42 | 1312 Dispositional activities

A consent decree must be presented to the court before the plea-negotiation deadline.

If a plea negotiation involves a Consent Decree, the consent decree must be reduced to writing, completely signed by all parties, and presented to the court prior to the deadline for plea negotiations.

Page 42 | 1311 Plea negotiations

Requests for access to court records must receive a written response within 48 hours.

All requests for access to court records shall be responded to, in writing, within 48 hours of the request.

Page 46 | Part 13: Juvenile & Children's Court Policies & Procedures

The court, judge, and clerk are not responsible for transmission errors or failures causing missing or illegible documents, or for periods when a court fax machine is not operational.

The circuit court, judge or clerk, is not responsible for: 1. Errors or failures in transmission that result in missing or illegible documents. 2. Periods when a circuit court facsimile machine is not operational for any reason

Page 10 | 516 Facsimile Filing Rule

A nonresident defendant may answer a small-claims action by mail without appearing on the return date, provided the clerk receives the answer not less than 20 days from the summons issue date.

If a defendant is a non-resident of Lafayette County, the defendant may join issue in any small claims action without appearing on the return date by answering by mail, provided such answer is received by the clerk of circuit court of Lafayette County not less than 20 days from the issue date of the summons.

Page 12 | Part 7: Small Claims Practice, Rule 701

Service and Proof of Service Rules

When the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant's last known address.

In cases where no personal service is 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 6 | Part 5: Civil Practice

The court reviews civil cases for service 90 days after filing and initiates dismissal if service has not been achieved as required by the cited statute.

All civil cases will be reviewed for service 90 days after filing. If at that time sec. 801.02(1), Stats., service has not been achieved, a dismissal order shall be initiated by the court.

Page 6 | Part 5: Civil Practice

Opposition briefs must be personally served at least 2 business days before the hearing or mailed at least 3 business days before the hearing.

Briefs in opposition to such motions must be either personally served upon opposing counsel no later than 2 business days prior to the hearing or if service is made by mail, no later than 3 business days prior to the hearing.

Page 6 | Part 5: Civil Practice

In a mortgage foreclosure, notice of the hearing must be given to all defendants at least 10 days before the hearing.

504 No 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 at least 10 days.

Page 7 | 504

Summonses in Chapter 799 actions other than eviction actions may be served by mail by leaving the original and necessary copies with the Clerk, who must mail them in compliance with sec. 799.12(3).

Pursuant to sec. 799.12(2), Stats., effective July 1, 1988, the effective date of sec. 799.12(2), Stats., this Court by this rule authorizes the service of summons in all actions under Chapter 799, except eviction actions, by mail under sec. 799.12(3) in lieu of personal or substituted service under sec. 802.11, Stats. Pursuant to sec. 799.12(3), Stats., effective July 1, 1988, service may be made by mail by leaving the original and necessary copies of the summons with the Clerk of Circuit Court, together with the fee prescribed in sec. 814.62(4), Stats. The Lafayette County Clerk of Circuit Court in mailing under sec. 799.12(3), Stats., pursuant to this court rule shall make those mailings in compliance with the requirements of sec. 799.12(3), Stats.

Page 13 | Part 7: Small Claims Practice

In Chapter 799 actions, service of the summons and complaint may precede filing an authentication, but the appropriate fee must be paid before issuance and the summons cannot be reused for another defendant.

Pursuant to sec. 799.12(7), Stats., effective July 1, 1988, the Lafayette County Circuit Court by this rule authorizes the service of the summons and complaint under Chapter 799 actions prior to filing an authentication thereof, provided that the appropriate fee under sec. 814.62, Stats., is paid before the summons is issued and the summons is not reusable for a different defendant.

Page 13 | Part 7: Small Claims Practice

The Clerk must give the program notice within 10 days after filing the action, by mail or personal delivery.

The Clerk of Circuit Court shall give such notices within 10 days of the filing of any such action. Notice may be given by mailing or personal delivery.

Page 15 | Family Law Practice

When a qualifying recoupment or reimbursement order is entered, a copy must be provided to the Corporation Counsel for Lafayette County.

When a recoupment order, or order directing reimbursement of Lafayette County's expenditures for Guardian ad Litem, psychological or psychiatric or like professional services is entered, a copy of that order shall be provided to the Corporation Counsel for Lafayette County

Page 20 | 1107

Papers must be served on the Corporation Counsel in time for counsel to attend the hearing and represent the county.

Service of said papers on the Corporation Counsel shall be timely so as to enable the Lafayette County Corporation Counsel to attend the hearing on the party's application and represent the interests of Lafayette County on the issues the application presents to the court.

Page 21

Once the order is signed, intake must provide written copies of the agreement and order to the juvenile, the parent, guardian, or legal custodian, the service agency, and the juvenile court clerk.

Upon signing of the order, intake shall provide written copies of the agreement and order to:  the juvenile;  the parent, guardian, or legal custodian;  the agency providing services under the agreement; and,  the juvenile court clerk.

Page 38 | Part 13: Juvenile & Children's Court Policies & Procedures

If a parent misses the custody hearing and the address is known, the clerk must send that parent form JD-1716 immediately after the hearing.

If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the non?attending parent if the address is known immediately at the conclusion of the hearing.

Page 41 | 1310 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s)

The agency completing a court report must transmit copies to the attorneys involved in the matter.

The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter.

Page 42 | 1312 Dispositional activities

The agency must transmit a copy of the court report directly to any parent who is not represented by counsel.

In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

Page 42 | 1312 Dispositional activities

Copies of the agency’s communication to the court must be sent to all parties entitled to notice.

The agency shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

Page 43 | 1313 Extensions of dispositional orders

In large-claim civil actions where the defendant was personally served, pre-entry notice of a default judgment is not required, except in mortgage foreclosures.

Except as to mortgage foreclosures, no notice to defendant is required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon defendant.

Page 6 | Part 5: Civil Practice

Parties are deemed to have received notice when copies are provided to their attorneys.

Parties are deemed to have notice when copies are provided to their attorneys.

Page 15 | Family Law Practice

In a joint divorce petition or pro se action, the filing party must deliver a copy of the parenting-plan form to the other joint petitioner or pro se litigant.

In cases of a joint petition for divorce or a pro se action, the party filing the petition shall be responsible for delivering a copy of the parenting plan form to the other joint petitioner or pro se litigant.

Page 16 | 907 Parenting Plans

In a joint divorce petition involving children, the filing petitioner must deliver a copy of the blank parenting-plan form to the other petitioner.

In cases of a joint petition for divorce, with children, the person filing the petition shall be responsible for delivering a copy of the blank form to the other petitioner.

Page 16 | 907 Parenting Plans

Both parties must exchange their parenting plan with the opposing party no later than five days before the Scheduling Conference.

Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Courts Office a parenting plan no later than five (5) days before the Scheduling Conference is held.

Page 16 | 907 Parenting Plans

Filing Fees and Waivers

If necessary during the action, the court must order the parties to make additional deposits with the Clerk of Courts to cover Guardian ad Litem expenses.

The court shall from time to time, if necessary, enter further orders directing the parties to make further appropriate deposits of monies with the Clerk of Courts to cover the Guardian ad Litem's expenses during the pendency of the action.

Page 20 | 1107

When Lafayette County is legally permitted to recoup the specified professional fees and expenses, the court must order recoupment through lump-sum or time-deferred payments by one or more parties.

In cases where Lafayette County is permitted by statue or case law to recoup Guardian ad Litem, Psychologists or Psychiatrists fees, and expenses from the parties to an action before the Circuit Court, the Court shall enter an order effecting such recoupment by means of lump sum or time deferred payments of those expenses by a party or parties to the litigation.

Page 20 | 1107

In a qualifying Chapter 767 matter, each party must deposit the required Guardian ad Litem contribution by the date set and before appointment, unless the court waives the posting upon proper application and a showing of entitlement.

In a Chapter 767 matter where issues concerning a child necessitate the appointment of a Guardian ad Litem, before the court appoints a Guardian ad Litem it shall inform the parties of their responsibility to each deposit with the Lafayette County Clerk of Circuit Court/GAL, by a date certain, a set sum of money as a contribution toward the Guardian ad Litem fees and expenses to be incurred by the appointment. Unless waived by order of the Lafayette County Circuit Court upon proper application to the court and showing of entitlement to having the posting of Guardian ad Litem fees waived by a party, each party shall post the required sum before the Guardian ad Litem shall be appointed and enter into his or her duties under the appointment.

Page 20 | 1107

The clerk charges $0.50 per page for non-court-file copies.

The clerk's charge for non-court file copies is $.50 per page.

Page 9 | 513 Clerk and Register In Probate Copying Charges

The Clerk of Circuit Court must charge $1.25 per page for copies from a court file.

The Clerk of Circuit Court is required by state statute to charge $1.25 per page for each page copied from a court file.

Page 9 | 513 Clerk and Register In Probate Copying Charges

The Register In Probate must charge $1.00 per page for copies from a court file.

The Register In Probate is required by state statute to charge $1.00 per page for each page copied from a court file.

Page 9 | 513 Clerk and Register In Probate Copying Charges

The appropriate fee under sec. 814.62, Stats., must be paid before a Chapter 799 summons is issued.

Pursuant to sec. 799.12(7), Stats., effective July 1, 1988, the Lafayette County Circuit Court by this rule authorizes the service of the summons and complaint under Chapter 799 actions prior to filing an authentication thereof, provided that the appropriate fee under sec. 814.62, Stats., is paid before the summons is issued and the summons is not reusable for a different defendant.

Page 13 | Part 7: Small Claims Practice

Mail service of a small-claims summons requires leaving the original and necessary copies with the Clerk together with the prescribed fee.

Pursuant to sec. 799.12(3), Stats., effective July 1, 1988, service may be made by mail by leaving the original and necessary copies of the summons with the Clerk of Circuit Court, together with the fee prescribed in sec. 814.62(4), Stats.

Page 13 | Part 7: Small Claims Practice

The court may direct one or both parties to prepay the fee for a legal custody and physical placement study.

The court may also direct one or both parties to prepay the fee for a legal custody and physical placement study.

Page 14 | Part 9: Family Law Practice

The court may direct one or both parties to prepay a $100 fee for family-court-counseling mediation sessions beyond the first session.

The court may direct one or both parties to prepay the single fee of $100.00 for mediation sessions provided by family court counseling services beyond the first session.

Page 14 | Part 9: Family Law Practice

The court must reduce fees according to ability to pay or provide services without payment if both parties cannot pay; in that event, it must enter a separate judgment for the fees in favor of the county against the responsible party or parties.

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 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.

Page 14 | Part 9: Family Law Practice

When a guardian ad litem is appointed in a family action, one or both parties must be directed to prepay an advance to the Clerk for trust and application to the fees, though the court may waive all or part upon application based on inability to pay.

Upon appointment of a guardian ad litem in any action affecting the family, a party or both parties shall be directed to make a prepayment to the Clerk of Circuit Court to be held in trust and applied on guardian ad litem fees. If any party is financially unable to make a prepayment, upon application, the court may waive all or part of the advance fee based upon an inability to pay.

Page 14 | Part 9: Family Law Practice

When a civil jury trial settles within one business day of trial, a fee of at least $72 may be assessed for a twelve-person jury unless the court waives it for cause.

When a civil jury trial is settled within one business day of the trial date, a jury fee of at least $72.00 for a twelve person jury and $36.00 for a six person jury may be assessed, unless waived by the court for cause.

Page 14 | Part 8: Late Settlement

Sealing & Redaction Procedures

Before releasing qualifying serious-juvenile-offender records for inspection, the clerk must determine whether the specified offense is alleged and, if so, remove sensitive personal and family information or refer questions to the assigned judge.

Requests pursuant to §938.396(2m)(a): If a request is for access to juvenile court records made by any person under §938.396(2m)(a) for juveniles alleged to have committed an offense enumerated in §938.34(4h)(a) (Serious Juvenile Offender crimes), the juvenile court clerk shall before releasing the file for inspection: a. Determine if the juvenile is alleged to have committed a crime specified in §938.34(4h)(a), and, if so, b. Remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the that case for a determination.

Page 45 | Part 13: Juvenile & Children's Court Policies & Procedures

For qualifying felony-after-prior-adjudication records requests, the clerk must make the listed determinations and, if they are all satisfied, remove sensitive personal and family information before inspection or refer questions to the assigned judge.

Requests pursuant to §938.396(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall: a. First, make all of the following determinations: • That the juvenile is currently charged with a felony, • That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding, • That the previous adjudication remains of record and has not been reversed. b. Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the that case for a determination.

Page 45 | Part 13: Juvenile & Children's Court Policies & Procedures

When a juvenile-adjudication expunction petition is granted, the clerk must follow CCAP procedures to remove the adjudication from the computerized record and seal all documents referring to it inside the court file.

If the court grants the petition for expunction of the juvenile adjudication, the juvenile clerk shall: a. Follow standard CCAP procedures for removal of the adjudication from the computerized record; b. Seal inside the court file all documents referring to the adjudication, including but not limited to:  the dispositional order,  the dispositional court report,  all motions and orders concerning extensions, revisions, or changes of placement,  all petitions and orders for sanctions,  all minute sheets referring to the adjudication or other post-adjudication proceedings,  transcripts of court proceedings referring to the adjudication or other post- adjudication proceedings,  the petition and order for expunction.

Page 46 | 1316 Expunction of the record of a delinquency adjudication

For qualifying juvenile-record requests, the clerk must screen for imminent danger before release and, if concerned, refer the matter to the assigned judge or block out the potentially dangerous information; the requester may move the court to challenge the redaction.

If a request is made by a juvenile, parent, guardian or legal custodian under §§938.396(2)(ag) or (am), before release of any information requested the juvenile court clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either: a. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or, b. Prepare a version of the information requested with the potentially dangerous information blocked out. The requester may bring a motion to the court if the requester believes the information should not have been blocked.

Page 45 | Part 13: Juvenile & Children's Court Policies & Procedures

Filing Bundling Requirements

A motion for summary judgment and a motion for dismissal shall be filed with the judge's clerk together with any brief or other supporting documents.

A motion for summary judgment and a motion for dismissal shall be filed with the judge's clerk together with any brief or other supporting documents.

Page 6 | Part 5: Civil Practice

Pre-Motion Conference Requirements

For summary judgment and dismissal motions, respondents have 20 days to file supporting papers or waive in writing, replies are due within 20 days, and the court decides on the timely filed record unless a party requests oral argument; the court may modify the deadlines by order.

The respondent shall have 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 20 day period it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. Movant's reply brief, if any, shall be filed and exchanged within 20 days of the date of filing of respondent's brief. A decision shall be based upon the record as timely filed, unless oral argument on the motion is requested by a party. By appropriate court order, these times may be modified.

Page 6 | Part 5: Civil Practice

Adjournment & Extension Requirements

Stipulated trial continuances require consent in writing or on the record and good cause; non-stipulated requests must be made by motion and hearing, with good cause shown by the party or the party's written consent, and all requests require court approval.

507 All stipulated requests for continuance of trial date shall require the consent of the attorney for a party or the party if he is not represented by counsel in writing or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. All requests for continuance are subject to the approval of the court.

Page 7 | 507

A non-stipulated continuance or rescheduling request must be made by motion for a hearing, and the victim witness coordinator must notify persons entitled to notice.

Non-stipulated requests for continuances or rescheduling must be made to the court by motion for a hearing on the request. Notice of such request shall be sent by the victim witness coordinator to persons entitled under sec. 950.04, Stats.

Page 11 | Part 6: Criminal Law Practice, Rule 601(4)

A criminal matter may not be continued or rescheduled unless victims and witnesses are notified, their interests are considered, and the District Attorney or victim witness coordinator can confirm this to the court.

Therefore, no matter scheduled in a criminal case shall be continued or rescheduled unless any victims and witnesses of the crime have been notified by the District Attorney of the continuance or rescheduling request, their interest considered, and the District Attorney or victim witness coordinator can so indicate to the court considering the continuation or rescheduling request.

Page 11 | Part 6: Criminal Law Practice, Rule 601(1)

A calendaring clerk must refer a party’s or counsel’s rescheduling request to the assigned judge, who may not grant it without required notice to affected victims or witnesses.

No circuit court calendaring clerk shall reschedule any scheduled criminal or Chapter 938 matter upon the oral or written request of a party or counsel in the proceeding, but shall refer any such rescheduling request to the Circuit Court Judge assigned to the case. The assigned judge shall not grant any rescheduling request if affected victims or witnesses have not been noticed as required by sec. 950.04, Stats.

Page 11 | Part 6: Criminal Law Practice, Rule 601(2)

A stipulated request to continue a trial date or calendared matter must be in writing or on the record, show good cause, and establish proper victim and witness notification.

Stipulated requests for continuance of the trial date or calendared matters shall be in writing or on the record and must be based on a showing of good cause and proper notification of victims and witnesses as required by sec. 950.04, Stats.

Page 11 | Part 6: Criminal Law Practice, Rule 601(3)

A stipulated continuance request must be made in writing or on the record and show good cause and proper notification of victims and witnesses.

Stipulated requests for continuances of hearing dates or calendared matters shall be in writing or on the record and are to be based on a showing of good cause and proper notification of victims and witnesses as required by sec. 950.04, Stats.

Page 40 | 1309 Notice to victims of children's acts

A calendaring clerk must refer a Chapter 938 rescheduling request to the assigned judge, who may not grant it unless affected victims or witnesses have been notified.

No court calendaring clerk shall reschedule any scheduled chapter 938 matter upon the oral or written request of a party or counsel in the proceeding, but shall refer any such rescheduling request to the Circuit Court Judge assigned to the case. The assigned judge shall not grant any rescheduling request if affected victims or witnesses have not been noticed as required by sec. 950.04, Stats.

Page 40 | 1309 Notice to victims of children's acts

A covered Chapter 938 matter may not be continued or rescheduled unless victims or witnesses are notified, their interests are considered, and the appropriate office indicates this to the court.

Therefore, no matter scheduled in a chapter 938 case subject to the provisions of sec, 950.04, Stats., shall be continued or rescheduled unless any victim or witness of the juvenile's crime have been notified by the District Attorney or Corporation Counsel of the requested continuance or rescheduling, their interest considered, and the District Attorney, Corporation Counsel, or Victim Witness Coordinator's office can so indicate to the court considering the continuation or rescheduling request.

Page 40 | 1309 Notice to victims of children's acts

A non-stipulated request for a continuance or rescheduling must be made to the court by motion for a hearing.

Non-stipulated requests for continuances or rescheduling must be made to the court by motion for a hearing on the request,

Page 40 | 1309 Notice to victims of children's acts

The agency responsible for implementing a dispositional order must notify the court at least 30 days before the order terminates whether it will seek an extension.

The agency primarily responsible for implementation of a dispositional order shall notify the court at least thirty days prior to the termination of an order as to whether the agency will seek to extend the dispositional order or allow it to terminate.

Page 43 | 1313 Extensions of dispositional orders

The court must schedule a hearing on every extension request, try to hold it before the order terminates when the request is filed in the final 30 days, and grant a temporary 30-day extension if it cannot do so.

The court shall schedule an extension hearing in all cases where a request for an extension is filed. If the extension request is filed during the thirty-day period immediately prior to the termination of the order, the court shall attempt to schedule the case before the termination date. If the court cannot schedule the matter before the termination date, the court will grant the request for a temporary thirty-day extension under §§48.365(6) or 938.365(6), Wisconsin Statutes.

Page 44 | 1313 Extensions of dispositional orders

An extension request received during the 30 days before an order terminates must be accompanied by a request for a temporary 30-day extension.

A request to extend a dispositional order received during the thirty day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under §§48.365(6) or 938.365(6), Wisconsin Statutes, in order to schedule a hearing.

Page 44 | 1313 Extensions of dispositional orders

The court will not routinely waive time limits.

The court will not routinely waive time limits.

Page 24 | 1303 General policies

Chambers Communication Rules

A court clerk must participate in telephonic conference calls used by the court and counsel in civil or criminal actions to take minutes and calendar matters.

In any action, civil or criminal, where the court and counsel are handling a matter by use of a telephonic conference call, a clerk of court shall be included in the conference call to perform her duties in taking minutes of the proceeding and calendaring matters.

Page 9 | 515 Clerk to be included in conference calls

Persons seeking access to the Circuit Court Chambers must contact Clerk of Circuit Court staff or the Court Security Officer, who must remain with them and re-lock the Chambers after access.

Persons seeking access to the Circuit Court Chambers shall contact the Clerk of Circuit Court office staff or the Court Security Officer for access to the Court Chambers. Access shall be for purposes such as filing papers in the Register in Probate's office or using files in the probate vault. The Clerk of Circuit Court staff person or the Court Security Officer shall remain with the person(s) until their purpose for access is completed and shall then re-lock the Court Chambers.

Page 19 | Circuit Court Chambers

Persons with court clearance who work with vault files must check in with Register in Probate or Clerk of Courts staff before entering either office's vault.

Persons with court clearance will be allowed in the vaults to work with files, but must check in with the Register In Probate or Clerk of Courts staff prior to entering either office's vault.

Page 20 | 1106

The referring agency must make a reasonable, articulable decision to hold the person before contacting intake.

Intake shall not be contacted until the referring agency has made a reasonable, articulable decision that a person should be held.

Page 26 | 1305 Custody intake "decision guidelines"

Counsel who need time to speak with a client must inform the court and opposing counsel and request that the case be moved to the bottom of the calendar.

Should counsel require time to speak with their clients before proceeding when their matter is called, they shall so inform the court and opposing counsel and request their case be set to the bottom of the calendar to allow them that opportunity.

Page 5 | Part 4: Rules of Decorum

A party requesting telephone or audio-visual proceedings must arrange them after consulting other counsel, the court, and unrepresented parties.

508 Telephone and audio-visual proceedings may be had in the Lafayette County Circuit Court pursuant to sec. 807.13, Stats., (1988 as amended). The party requesting such proceedings shall arrange them after consultation with other counsel, the court and non- represented parties in the action.

Page 7 | 508

A caller requesting file information must obtain it during the call or, if it is not immediately available, arrange a mutually agreeable time to call the clerk back.

If the request is made by telephone, the requesting party or party's attorney shall obtain the requested information in that telephone call, or if it's not immediately available, arrange with the clerk for a mutually agreeable time to return a call to the clerk to obtain the information.

Page 8 | 512

A nonresident defendant covered by sec. 799.22(4)(am) may answer by telephone call to the Clerk's office.

If the defendant is a non?resident under sec. 799.22(4)(am), Stats., then the defendant shall be permitted to join issue by answering by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

Page 13 | Part 7: Small Claims Practice

A nonresident defendant may answer by telephone call to the Clerk's office at least two working days before the return date.

If the defendant in a small claims action is a non?resident, the defendant shall permitted to join issue in any of the actions specified in sec. 799.01, Stats., without appearing on the return date by answering, either by mail or by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

Page 13 | Part 7: Small Claims Practice

Whether represented or not, the parties must contact the Clerk of Circuit Court to schedule a hearing for review of the mediation agreement.

the Lafayette County Family Court Commissioner shall instruct the parties, whether they are represented by attorneys or not, that they must contact the Clerk of Circuit Court to schedule a hearing before the circuit court

Page 16 | 906 Mediation Agreements

Attorneys and others doing business with the Register in Probate must call the office first to arrange a time or confirm the Register will be present.

attorneys or others having business with the Register in Probate office are to first call the Register in Probate office [1-608-776-4811] to set a time at which that business can be conducted or to be certain that the Register in Probate will be personally present at the time they wish to conduct their business.

Page 18 | Part 10: Probate Law Practice, Rule 1008

Juvenile intake must be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

Page 32 | 1306 Original adult court criminal defendants--secure custody

The juvenile court clerk must provide the appropriate records-request forms upon request.

The juvenile court clerk shall make available upon request the appropriate forms (such as JD-1738) for requesting such information.

Page 45 | Part 13: Juvenile & Children's Court Policies & Procedures

Common questions about Lafayette County Circuit Court, Wisconsin rules

Does Lafayette County Circuit Court, Wisconsin require a pre-motion conference or letter before filing a motion?

For summary judgment and dismissal motions, respondents have 20 days to file supporting papers or waive in writing, replies are due within 20 days, and the court decides on the timely filed record unless a party requests oral argument; the court may modify the deadlines by order.

View ruleSource: page 6, section Part 5: Civil Practice

What page or word limits apply to brief in Lafayette County Circuit Court, Wisconsin?

Lafayette County Circuit Court, Wisconsin's rule states these limits: 40 pages; 20000 words. Briefs are limited to 40 pages, while handwritten briefs are limited to 20,000 words.

View ruleSource: page 6, section Part 5: Civil Practice

What page or word limits apply to facsimile transmission in Lafayette County Circuit Court, Wisconsin?

Lafayette County Circuit Court, Wisconsin's rule states these limits: 15 pages. A fax transmission may not exceed 15 pages, including any cover sheet, unless the assigned judge has ordered in advance that a longer transmission is permitted.

View ruleSource: page 10, section 516 Facsimile Filing Rule

What formatting rules apply to filings in Lafayette County Circuit Court, Wisconsin?

Lafayette County Circuit Court, Wisconsin's formatting rule includes double spacing, typed briefs must use a font no smaller than 12 point., and handwritten briefs must be legible.. Briefs must be double-spaced; typed briefs must use at least 12-point font, and handwritten briefs must be legible.

View ruleSource: page 6, section Part 5: Civil Practice

What must be included with order filings in Lafayette County Circuit Court, Wisconsin?

After a mediated agreement in a post-judgment divorce action, the parties, represented or not, must prepare an order incorporating or amending the judgment and present it to the Circuit Court for signature and entry.

View ruleSource: page 16, section 906 Mediation Agreements

What must be included with motion filings in Lafayette County Circuit Court, Wisconsin?

A movant who does not wish to file a brief or supporting documents must file a statement waiving the right to do so.

View ruleSource: page 6, section Part 5: Civil Practice

How may parties contact Lafayette County Circuit Court, Wisconsin?

A court clerk must participate in telephonic conference calls used by the court and counsel in civil or criminal actions to take minutes and calendar matters.

View ruleSource: page 9, section 515 Clerk to be included in conference calls

How does Lafayette County Circuit Court, Wisconsin handle sealed or redacted filings?

Before releasing qualifying serious-juvenile-offender records for inspection, the clerk must determine whether the specified offense is alleged and, if so, remove sensitive personal and family information or refer questions to the assigned judge.

View ruleSource: page 45, section Part 13: Juvenile & Children's Court Policies & Procedures

How do I request an adjournment or extension in Lafayette County Circuit Court, Wisconsin?

A calendaring clerk must refer a party’s or counsel’s rescheduling request to the assigned judge, who may not grant it without required notice to affected victims or witnesses.

View ruleSource: page 11, section Part 6: Criminal Law Practice, Rule 601(2)

Does Lafayette County Circuit Court, Wisconsin require motion papers to be bundled?

A motion for summary judgment and a motion for dismissal shall be filed with the judge's clerk together with any brief or other supporting documents.

View ruleSource: page 6, section Part 5: Civil Practice

Is electronic filing required in Lafayette County Circuit Court, Wisconsin?

Electronic filing is permitted for the covered filings. Facsimile documents sent directly to the Lafayette County Circuit Court may be accepted only if no filing fee is required and the court incurs no additional fee or charge for accepting or receiving them.

View ruleSource: page 9, section 516 Facsimile Filing Rule

Are filing fees or waivers addressed in Lafayette County Circuit Court, Wisconsin?

A fee is required for covered filings, and the rule identifies waiver availability. In a qualifying Chapter 767 matter, each party must deposit the required Guardian ad Litem contribution by the date set and before appointment, unless the court waives the posting upon proper application and a showing of entitlement.

View ruleSource: page 20, section 1107

What filing deadlines does Lafayette County Circuit Court, Wisconsin set?

For motions other than summary judgment or dismissal, a supporting brief must be served and filed with the notice of motion or at least 10 days before the scheduled hearing.

View ruleSource: page 6, section Part 5: Civil Practice

What service or proof of service rules apply in Lafayette County Circuit Court, Wisconsin?

The court reviews civil cases for service 90 days after filing and initiates dismissal if service has not been achieved as required by the cited statute.

View ruleSource: page 6, section Part 5: Civil Practice
Complete rules summary for Lafayette County Circuit Court, Wisconsin

Counsel who need time to speak with a client must inform the court and opposing counsel and request that the case be moved to the bottom of the calendar.

A calendaring clerk must refer a party’s or counsel’s rescheduling request to the assigned judge, who may not grant it without required notice to affected victims or witnesses.

A stipulated request to continue a trial date or calendared matter must be in writing or on the record, show good cause, and establish proper victim and witness notification.

A non-stipulated continuance or rescheduling request must be made by motion for a hearing, and the victim witness coordinator must notify persons entitled to notice.

After a mediated agreement in a post-judgment divorce action, the parties, represented or not, must prepare an order incorporating or amending the judgment and present it to the Circuit Court for signature and entry.

The court reviews civil cases for service 90 days after filing and initiates dismissal if service has not been achieved as required by the cited statute.

A motion for summary judgment and a motion for dismissal shall be filed with the judge's clerk together with any brief or other supporting documents.

A movant who does not wish to file a brief or supporting documents must file a statement waiving the right to do so.

For summary judgment and dismissal motions, respondents have 20 days to file supporting papers or waive in writing, replies are due within 20 days, and the court decides on the timely filed record unless a party requests oral argument; the court may modify the deadlines by order.

For motions other than summary judgment or dismissal, a supporting brief must be served and filed with the notice of motion or at least 10 days before the scheduled hearing.

Opposition briefs for these motions must be filed at least 2 business days before the hearing and may be disregarded if untimely.

Opposition briefs must be personally served at least 2 business days before the hearing or mailed at least 3 business days before the hearing.

Briefs are limited to 40 pages, while handwritten briefs are limited to 20,000 words.

Briefs must be double-spaced; typed briefs must use at least 12-point font, and handwritten briefs must be legible.

In large-claim civil actions where the defendant was personally served, pre-entry notice of a default judgment is not required, except in mortgage foreclosures.

When the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant's last known address.

The notice must state that the defendant has 15 days from its date to request a hearing in writing or default judgment will be entered.

A defendant must request a hearing in writing within 15 days of the notice date to avoid entry of default judgment.

After the hearing-request period expires, the plaintiff may apply for default judgment and must accompany the application with an affidavit documenting notice to the defendant.

In a mortgage foreclosure, notice of the hearing must be given to all defendants at least 10 days before the hearing.

Stipulated trial continuances require consent in writing or on the record and good cause; non-stipulated requests must be made by motion and hearing, with good cause shown by the party or the party's written consent, and all requests require court approval.

A party requesting telephone or audio-visual proceedings must arrange them after consulting other counsel, the court, and unrepresented parties.

All summonses, warrants, subpoenas, and jury questionnaires and summonses must include the specified language about requesting disability-related auxiliary aids or services.

Anyone requesting that the clerk return a filed document copy must submit an additional copy and a self-addressed, sufficiently postage-paid envelope.

Anyone requesting that the clerk fill in information on a document must submit a copy for completion and a self-addressed, sufficiently postage-paid envelope for its return.

A written request asking the clerk for file information must include a self-addressed envelope with sufficient postage for the clerk to return the information.

A caller requesting file information must obtain it during the call or, if it is not immediately available, arrange a mutually agreeable time to call the clerk back.

Envelopes provided for document returns must be large enough for the documents and contain the correct postage.

The Clerk of Circuit Court must charge $1.25 per page for copies from a court file.

The clerk charges $0.50 per page for non-court-file copies.

More Judges in Lafayette County Circuit Court, Wisconsin

Jenna Gill
Judge