Lafayette County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Petition

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

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.

CRITICAL

Applies to

Recoupment order

A recoupment order must reflect the court's consideration of the parties' economic circumstances when setting the obligation.

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.

CRITICAL

Applies to

Facsimile filing

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

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.

CRITICAL

Applies to

Intake referral

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

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.

CRITICAL

Applies to

Reverse waiver delinquency proceeding

Delinquency proceedings following a reverse waiver must be commenced by filing a Petition for determination of status--delinquency.

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.

CRITICAL

Applies to

Juror excuse request

A juror seeking excuse for health or medical reasons must file a medical practitioner's written statement with the court.

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.

CRITICAL

Applies to

Motion

A motion or application for review must state that it is made within the rule's time limits.

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.

CRITICAL

Applies to

JD-1716 form

For a custody hearing, the clerk must file the signed JD-1716 or, if it was not signed, file a copy with a notation identifying who received notice and when.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Summons warrant subpoena jury questionnaire

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

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."

CRITICAL

Applies to

Motion

Before a de novo hearing is scheduled, the moving party must file with the Clerk of Courts the Commissioner's signed written order or signed written memorandum of an oral order.

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.

CRITICAL

Applies to

Custody intake referral

The referral agency must complete the custody intake referral form before notifying intake.

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

CRITICAL

Applies to

Motion

If no existing law applies to the motion, the moving party must say so in the moving papers.

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

CRITICAL

Applies to

Threat security incident report

All threats and security incidents must be recorded on the specified form contemporaneously or as soon as possible, and the original must be sent to the Court Security officer; an affected court office may retain a copy if appropriate.

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.

CRITICAL

Applies to

Guardian ad litem statement

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

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.

CRITICAL

Applies to

Stipulation

The original stipulation or mediation agreement in a paternity or other family-code mediation must be filed with the Clerk of Circuit Court.

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

CRITICAL

Applies to

Parenting plan

When either party knows custody or placement will be contested, both parties must prepare, exchange, and file a parenting plan 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.

CRITICAL

Applies to

Written application

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.

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.

CRITICAL

Applies to

Petition

If the petitioner knows custody or placement will be contested, the petitioner must attach a blank copy of the current local Proposed Parenting Plan form to the petition served on the respondent.

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.

CRITICAL

Applies to

Family action involving minor child custody or placement

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.

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.

CRITICAL

Applies to

Notice of motion

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.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Deferred prosecution agreement notice

Must include

proposed order

For a deferred prosecution agreement involving a Youth Village placement, intake must give the circuit judge or juvenile court commissioner written notice of the agreement or its extension and submit a proposed order requiring compliance.

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.

CRITICAL

For a proper request about a juvenile's adjudication, court personnel must state that there is no record of a delinquency adjudication, while the rest of the file remains inspectable if it otherwise qualifies for access.

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.

CRITICAL

Applies to

Juror excuse request

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

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.

CRITICAL

Applies to

Motion

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

If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Order

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.

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.

CRITICAL

Applies to

Moving papers

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

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

CRITICAL

Applies to

Consent decree

A consent decree resolving a plea negotiation must be written, signed by all parties, and 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.

CRITICAL

Applies to

JD-1716 form

After an intake inquiry, the intake worker must file the signed JD-1716 or, if it was not signed, file a copy with a notation identifying who received notice and when.

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.

CRITICAL

Applies to

Court report

Court-ordered reports must be completed and filed with the court 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.

CRITICAL

Applies to

Petition

Upon receiving a covered petition, the clerk must refer it to the juvenile intake worker for an inquiry.

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

CRITICAL

Applies to

Certificate

The parties or their attorneys must file certification that the parents and their K-8 children completed the applicable programs at least 15 days before a final or motion hearing.

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.

CRITICAL

Applies to

Brief

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.

"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.

WARNING

Applies to

Petition

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

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

WARNING

Applies to

Proof of heirship

Proof of heirship must be made at the time designated in the order or as soon afterward as counsel can be heard.

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.

WARNING

Applies to

Court minutes

Court minutes must reflect the court’s inquiries concerning victim notification and consultation.

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

WARNING

Applies to

Estate closing documents

When the court is unavailable, information proving the final account and filing the estate-closing documents must be handled before the Register in Probate, who certifies that the file is ready for judgment.

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.

WARNING

Applies to

Letter

The Family Court Commissioner must provide the parties a letter explaining that they must contact the Clerk of Courts to schedule a final divorce hearing.

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.

WARNING

Applies to

Motion

When a motion entitles the movant to an evidentiary hearing, the movant may reserve filing a brief or memorandum until the hearing is complete, but the motion must still comply with sec. 971.30(2).

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.

WARNING

Applies to

Written request for file information

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 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.

WARNING

Applies to

Motion

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.

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.

WARNING

Applies to

Mediation agreement

Attorneys sign the mediation agreement only to indicate review as counsel, not as parties to the agreement.

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.

WARNING

Applies to

Notice

To stop mailings to an attorney or redirect them to a different attorney, the attorney or attorneys must file notice in the guardianship or trust file.

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.

WARNING

Applies to

Bill

An attorney accepting a guardian ad litem appointment must submit a bill to the court each month.

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

WARNING

Applies to

Request for clerk completion of document

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.

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.

WARNING

Applies to

Mediation agreement

When the parties are represented, including by a Guardian ad Litem, the attorneys, clients, and mediator must sign the mediation agreement.

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

WARNING

Applies to

Notice

The Clerk must provide the program information to the action parties, their attorneys, and the Family Court Commissioner, and indicate on the document that copies were provided.

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.