Lafayette County Circuit Court, Wisconsin Document Filing Requirements

WARNING

Applies to

Stipulation

If neither party is represented, the parties and mediator must sign the stipulation or agreement, which the Family Court Commissioner will file with the Clerk.

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

WARNING

Applies to

Motion

A brief or legal memorandum is not required for the listed motions if the motion refers to 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) 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.

WARNING

Applies to

Temporary physical custody request order

The temporary physical custody request order must be completed.

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

WARNING

Applies to

Notice

An attorney seeking inclusion in probate court mailings on guardianship or trust matters after the guardian's or trustee's appointment and qualification must file notice in the relevant file.

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.

WARNING

Applies to

Request for return of filed document

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

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.

WARNING

Applies to

Mediation agreement

A mediated agreement intended to become part of a temporary order must be presented to the Family Court Commissioner for signing and entry.

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

INFO

Applies to

Proof of heirship

If the probate judge is unavailable, proof of heirship may be made before the Register in Probate and may be based on testimony from an attorney with knowledge.

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.

INFO

Applies to

Intake referral

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

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.

CRITICAL

Applies to

Motion

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.

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.