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

CRITICAL

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.

CRITICAL

Applies to

Notice of motion

Service

Mail to opposing party

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.

CRITICAL

Applies to

Summons

Service

Mail

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 business days

Service

Personal service to opposing party

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.

CRITICAL

Applies to

Summons and complaint

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.