Langlade County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
No facsimile shall exceed fifteen (15) pages in length.
- Page limit
- Up to 15 pages
Document Format Requirements2 rules
The documents shall be prepared on approved forms for this purpose and shall be legible and understandable.
Formatting
- •Use approved forms for this purpose; documents must be legible and understandable
Any interested party may request from the court permission to appear by telephone or video (Zoom). This request should be made in writing if possible and time allows.
Document Filing Requirements21 rules
All pleadings submitted for filing shall have a caption page that sets forth the legal caption of the case. No pleading submitted shall have a caption that varies from the original caption unless any such modification has been approved by order of the Court.
- Document
- Pleading
- Placement
- Caption
An action is commenced by the filing of a Small Claims Summons and Complaint.
The correspondence shall indicate on its face that a copy of that correspondence is transmitted to all defendants in the action.
An unrepresented plaintiff who lives more than 60 miles from the courthouse and appears by writing must file a sworn distance affidavit at the same time.
Court's wording
(c) A plaintiff not represented by an attorney and who resides more than sixty (60) miles from the Langlade County Courthouse may also appear by writing under the same circumstances as an attorney, provided an affidavit is filed at the same time stating under oath the distance the plaintiff resides from the Courthouse.
Defendants shall also file written answers stating the reasons they deny any claims against them within ten (10) days of the initial appearance, unless excused from doing so by the court.
Such written request shall provide a telephone number where said party can be reached during business hours and indicate that a copy is sent simultaneously to all opposing parties.
(g) The plaintiff must file a "Declaration of Nonmilitary Service", Form GF-175 before a default judgment can be entered.
If an agreement is not reached and an impasse occurs, the mediator shall so certify and file a report to that effect.
In the event an agreement is reached the mediator shall reduce said agreement to writing, and file the same with the Court after each party has signed the agreement.
If required to attend a parenting program, unless permission otherwise is granted by the court, no final hearing may be scheduled until the program is completed by both parents and certificate of completion is filed with the Clerk of Court.
A self-represented divorce petitioner must submit proposed findings, conclusions, and judgment, including any suggested form addendum, when requesting a final hearing.
Court's wording
In divorce proceedings in which the petitioner is self-represented, no action shall be scheduled for final hearing unless at the time the request is made, the petitioner submits for the Court's review, proposed Findings of Fact, Conclusions of Law, and Proposed Judgment. The proposal shall include any addendum that is suggested in the printed forms used for this purpose.
The proponent shall then incorporate those modifications into a final draft to be reviewed and adopted by the Court at a hearing scheduled for that purpose.
The divorce shall be granted only upon acceptance by the Court of approved Findings of Fact, Conclusions of Law, and Judgment.
Attorneys for criminal defendants must file a notice of retainer as soon as practical, except attorneys appointed by the State Public Defender's Office or by court order.
Court's wording
All attorneys representing defendants in criminal cases shall, as soon as practical, file a notice of retainer with the Court. This shall insure that counsel will receive all required notices and communications that involve the case. Attorneys who are appointed by the State Public Defender's Office or by Court order are exempt from having to file a notice of retainer.
If such information is unavailable, an affidavit shall be filed, prior to the hearing date, detailing the efforts that have been made to obtain such information and reasons for non-compliance.
The petitioning agency or attorney shall file with the Court medical and genetic data as required by Wis. Stats. section 48.425.
Any counsel of record who concludes that it is necessary that he/she withdraw from further representation of a particular defendant shall submit to the Court a motion, affidavit and proposed order.
- Document
- Motion
Must include
- •Proposed order
Once that form is completed, signed and notarized, it shall be processed in the following fashion:
The filing agency shall, if requested, detail for the Court, what efforts were made to locate a parent, in instances in which a parent is not present for the hearing.
At the completion of the case, counsel shall promptly submit a final bill
The respondent may also submit, at or prior to fina. hearings, his/her proposed Findings of Fact, Conclusions of Law and Proposed Judgment.
Filing & Service rules
Electronic Filing Rules
Filing documents with the Clerk by facsimile is generally prohibited, except for specified correspondence, a notice of retainer, or a document approved for facsimile transmittal by the Judge.
Facsimile transmissions of documents to be filed with the Clerk of Court are generally not allowed unless one of the following exceptions applies: Correspondence directed to the Clerk of Court or Judicial Assistant, which addresses the administration of the case, and is not a pleading, brief or motion. 2. A notice of retainer. (b) The above-stated limitations do not apply to the following: 1. Any document for which transmittal by facsimile has been approved by the Judge.
Page 5 | 1.5 Facsimile Transmissions
Copies may be sent by facsimile directly to the Judge if they are not for filing with the Clerk or are courtesy copies whose originals are filed with the Clerk by mail or in person.
Copies of documents that are sent directly to the Judge and are either documents that are not to be filed with the Clerk of Court, or are courtesy copies of documents the originals of which have been or are at the same time filed with the Clerk of Court by mail or in person.
Page 5 | 1.5 Facsimile Transmissions
Filing Timing and Cure Windows
A request to appear by telephone, video, or writing must be received in writing at least five business days before the return date.
Such request shall be in writing and must be received at least five (5) business days prior to the return date.
Page 9 | 2.2 Appearances
The distance affidavit must be filed at the same time as the plaintiff's written appearance.
provided an affidavit is filed at the same time stating under oath the distance the plaintiff resides from the Courthouse.
Page 9 | 2.2 Appearances
A plaintiff's attorney may appear by correspondence if it is received and file-stamped at least 48 hours before the return date.
(b) A plaintiff's attorney may appear by correspondence received and file stamped by the Clerk of Court at least forty-eight (48) hours prior to the return date.
Page 9 | 2.2 Appearances
Defendants must file written answers explaining the reasons for denying claims within 10 days of the initial appearance unless excused by the court.
Defendants shall also file written answers stating the reasons they deny any claims against them within ten (10) days of the initial appearance, unless excused from doing so by the court.
Page 9 | 2.2 Appearances
Contested eviction actions must be set for trial within 30 days of the return date.
(a) All contested eviction actions must be set for trial within 30 days of the return date before the Circuit Court Judge pursuant to Wis. Stats. secs. 799.20(4) and 799.206(3).
Page 10 | 2.3 Mediation
Form GF-175 must be filed before a default judgment can be entered.
(g) The plaintiff must file a "Declaration of Nonmilitary Service", Form GF-175 before a default judgment can be entered.
Page 10 | 2.2 Appearances
Probate matters should be concluded and closed within 18 months of filing unless the court expressly approves more time for good cause; the court may impose stated consequences after an order to show cause hearing for failure to close on time.
All probate matters should be concluded and closed within 18 months of filing, except upon express approval by the court for good cause. Failure to close a probate matter within 18 months of filing may result in dismissal of the matter, contempt sanctions, or removal of the personal representative, special administrator, or attorney at the discretion of the court after an order to show cause hearing.
Page 11 | 3.2 Deadlines for Completion of Probate Matters
All parties, personal representatives, special administrators, and attorneys must adhere to the deadlines and procedures in Wis. Stats. secs. 863.35 and 857.09.
The deadlines and procedures set forth in Wis. Stats. secs. 863.35 and 857.09 are to be adhered to by all parties, personal representatives, special administrators, and attorneys.
Page 11 | 3.2 Deadlines for Completion of Probate Matters
Dispositional reports and recommendations must be filed at least three business days before the hearing and forwarded to the Judge.
(1) All dispositional reports and recommendations shall be filed at least three (3) business days prior to the hearing date and forwarded to the Judge.
Page 16 | 5.2 Petitions for Children in Need of Services or Delinquency
The issuing agency must file all original citations with the Clerk at least 72 hours before the scheduled initial appearance.
All original citations must be filed with the Clerk by the issuing agency no later than seventy-two (72) hours prior to the date of the scheduled initial appearance.
Page 16 | 5.1 Filing of Juvenile Citations
The affidavit must be filed before the hearing date when the required information is unavailable.
If such information is unavailable, an affidavit shall be filed, prior to the hearing date, detailing the efforts that have been made to obtain such information and reasons for non-compliance.
Page 17 | 5.3 Petitions for Termination of Parental Rights
The Court will not make a final disposition until the required information or affidavit has been filed.
No final disposition will be made until the information or affidavit is filed.
Page 17 | 5.3 Petitions for Termination of Parental Rights
Parties should file motions in limine, proposed jury instructions and verdict forms, and witness lists by the final pre-trial conference.
Parties should file all motions in limine, proposed jury instructions, proposed verdict forms and witness lists no later than the time of the final pre-trial conference.
Page 8 | (1) Final Pre-trial Issues
If no final hearing is conducted or scheduled within 12 months of a temporary order, the court may, after an order to show cause with notice to the parties, declare the order void and dismiss the action for lack of prosecution.
If no final hearing is conducted or scheduled within twelve (12) months of the date of the temporary order, upon order to show cause with notice to the parties, the temporary order may be declared null and void and the action may be dismissed for lack oi prosecution.
Page 12 | 4.1 Family Court Commissioner
Attorneys representing criminal defendants must file the notice of retainer as soon as practical.
All attorneys representing defendants in criminal cases shall, as soon as practical, file a notice of retainer with the Court.
Page 17 | 6.1 Notice of Retainer Required
Counsel must submit the final bill promptly upon completion of the case.
At the completion of the case, counsel shall promptly submit a final bill
Page 18 | 6.3 Court Appointed Counsel
A request for Temporary Physical Custody may be filed at any time before the scheduled hearing.
If a request is made for Temporary Physical Custody, the request may be filed at any time prior to the scheduled hearing.
Page 16 | 5.2 Petitions for Children in Need of Services or Delinquency
Service and Proof of Service Rules
A defendant residing outside Langlade County in a replevin or other civil action must be served personally.
For replevin and other civil actions, in which any defendant resides outside of Langlade County, such defendant shall be served by personal service.
Page 8 | 2.1 How Claims are Commenced
Evictions, contempt proceedings, personal injury actions, and other tort actions require personal service; contempt proceedings must be served at least 72 hours before the hearing.
In evictions, contempt proceedings, and personal injury actions as well as other tort actions, service must be made by personal service. Proceedings for contempt must be served no later than seventy two (72) hours before the scheduled hearing.
Page 8 | 2.1 How Claims are Commenced
A copy of the written request must be sent simultaneously to all opposing parties.
Such written request shall provide a telephone number where said party can be reached during business hours and indicate that a copy is sent simultaneously to all opposing parties.
Page 9 | 2.2 Appearances
A plaintiff's attorney using correspondence to appear must transmit a copy to all defendants.
(b) A plaintiff's attorney may appear by correspondence received and file stamped by the Clerk of Court at least forty-eight (48) hours prior to the return date. The correspondence shall indicate on its face that a copy of that correspondence is transmitted to all defendants in the action.
Page 9 | 2.2 Appearances
If known, the attorney of record, existing Guardian Ad Litem, foster parent, legal guardian, and current custodian must also receive notice.
Notice shall also be given to any attorney of record, or existing Guardian Ad Litem, existing foster parent, legal guardian or current custodian, if known.
Page 16 | 5.2 Petitions for Children in Need of Services or Delinquency
Each parent must be notified of the hearing as soon as temporary relief is determined to be requested, using any notice method time allows.
Each parent shall be notified of the hearing as soon as it is determined that temporary relief will be requested. Notice may be in any manner that time will allow.
Page 16 | 5.2 Petitions for Children in Need of Services or Delinquency
Copies of the withdrawal papers must be sent to the defendant at the same time they are submitted to the Court.
Copies of such shall be sent to the defendant at the same time.
Page 17 | 6.2 Withdrawal from Representation
For replevin and other civil actions against a defendant residing in Langlade County, service may be by regular mail, certified mail, or personal service; the Clerk handles the mailing and may charge a fee.
For replevin and other civil actions where a defendant resides within Langlade County, service may be accomplished by regular mail, certified mail or personal service. The Clerk shall be responsible for such mailing and may charge an appropriate fee for this service.
Page 8 | 2.1 How Claims are Commenced
If reasonable diligence does not permit service by the stated methods, the defendant may be served under the cited statutory procedures.
If with reasonable diligence a defendant cannot be served as stated above the defendant may be served according to the procedures set forth in Wis. Stats. secs. 799.12(4) thru (6) and 799.16(2) and (3).
Page 8 | 2.1 How Claims are Commenced
Once counsel is appointed, the attorney must be notified in writing and the defendant must receive a copy of the correspondence.
The attorney, once appointed, will be notified in writing. The defendant shall receive a copy of such correspondence, so that the case can move forward as soon as practical.
Page 18 | 6.3 Court Appointed Counsel
Filing Fees and Waivers
The court may assess jury fees and costs in specified circumstances; an assessed party must pay within 30 days, and nonpayment may be enforced through contempt proceedings.
Pursuant to Wis. Stats. § 814.51, the Court reserves the right to assess jury fees and costs in any civil or criminal case if a trial is cancelled due to mistrial, late settlement or failure of a party to appear, depending on the circumstances. Any party assessed jury fees must make payment to the Clerk of Court within 30 days of the assessment. The Clerk will use all legal and authorized means to collect the assessment. Failure to pay the assessment may be enforced by contempt proceedings.
Page 7 | (f) Assessment of Jury Fees
A parent required to attend the parenting program must pay the required fee before attending.
If required to attend such, each parent shall be required to post the required fee for this purpose prior to attending the program.
Page 15 | 4.3 Co-Parenting Class
The listed offices need not accept currency or coins they determine are contaminated with bodily secretions or another substance posing a public-safety or health risk.
The Clerk of Court/ Register in Probate/ Clerk of Juvenile and District Attorney's Offices shall not be required to accept as payment of a fee or other obligation owed to the county any currency or coin which, in the Clerk's/Register's or District Attorney's determination, has been soiled, contaminated, tainted or polluted with any human or animal bodily secretions, or any other substance that may pose a risk to public safety or human health.
Page 7
The listed offices will refuse payment of an obligation in more than $5 in mostly rolled or unrolled coins and refer the payer to a nearby bank to convert the coins.
the Clerk of Court/Register in Probate/Clerk of Juvenile and District Attorney's Offices will refuse payment of financial obligations if/when the debt is attempted to be paid in more than $5 in mostly rolled or unrolled coins. The Payer will be referred to a bank near the Courthouse to have the coins counted and converted to a form of payment that can be reasonably and efficiently processed.
Page 7
Filing and service fees are governed by Wisconsin statutes, and the Clerk of Court must maintain a written current fee schedule.
(c) The filing and service fees shall be as set forth by Wisconsin Statutes. The current fee schedule shall be in writing and maintained by the Clerk of Court.
Page 9
Verbatim CD copies of digital audio recorder proceedings are available from the Clerk of Court for a prescribed fee.
Verbatim CD copies of DAR proceedings can be obtained from the Clerk of Court for a prescribed fee.
Page 10 | 2.2 Appearances
The listed court and District Attorney offices accept payments by cash, checks, money order, cashier checks, and through outside vendors; the source text ends mid-sentence.
(1) Understanding that the Clerk of Court/Register in Probate/Clerk of Juvenile and District Attorneys Offices accept a variety of payment methods including cash, checks, money order, cashier checks and through outside vendors that accept
Page 6 | 1.6(e)(1)
Sealing & Redaction Procedures
Dispositional reports are confidential and may be circulated or copied only with the Court's permission.
These reports are confidential and may only be circulated or copied with the Court's permission.
Page 16 | 5.2 Petitions for Children in Need of Services or Delinquency
Pre-Motion Conference Requirements
Any attorney or party who files a motion or other document which requires a hearing before the Court shall be responsible for scheduling that hearing according to the following procedure: (a) The attorney or party who files the motion shall email the Judicial Assistant and opposing counsel (if there is one) to schedule a motion hearing prior to filing the motion. The attorney or party should advise the Judicial Assistant how much time they believe is needed for the hearing. Email is the preferred method for communicating with the Judicial Assistant. If there is an attorney of record representing any opposing party, that attorney or his/her office shall be contacted by the moving attorney at the same time to arrange a date with the Judicial Assistant that is convenient for all represented parties. Unrepresented litigants may be, but are not required to be contacted at the time of initial scheduling and shall have the right to participate in scheduling or rescheduling requests with the Court after receiving written notice of the selected date. (b) Any motions filed with the Clerk of Court with no specific date and time indicated may not be acted upon until the filing counsel/party complies with 1.4(a). The Court reserves the right to sua sponte schedule such motion at a date convenient with the Court, but
Any attorney or party who files a motion or other document which requires a hearing before the Court shall be responsible for scheduling that hearing according to the following procedure: (a) The attorney or party who files the motion shall email the Judicial Assistant and opposing counsel (if there is one) to schedule a motion hearing prior to filing the motion. The attorney or party should advise the Judicial Assistant how much time they believe is needed for the hearing. Email is the preferred method for communicating with the Judicial Assistant. If there is an attorney of record representing any opposing party, that attorney or his/her office shall be contacted by the moving attorney at the same time to arrange a date with the Judicial Assistant that is convenient for all represented parties. Unrepresented litigants may be, but are not required to be contacted at the time of initial scheduling and shall have the right to participate in scheduling or rescheduling requests with the Court after receiving written notice of the selected date. (b) Any motions filed with the Clerk of Court with no specific date and time indicated may not be acted upon until the filing counsel/party complies with 1.4(a). The Court reserves the right to sua sponte schedule such motion at a date convenient with the Court, but
Page 4 | 1.4 Motions (applies to all case types)
Adjournment & Extension Requirements
The text states that a continuance or adjournment will be granted only upon a showing of good cause and a determination that justice will be served.
continuance/adjournment will only be granted upon a showing of Requests for good cause determination that justice will be served by the adjournment.
Page 8 | (h) Continuances/ Adjournments
A presiding court official has discretion to grant a continuance or adjournment on the court's own motion or at a party's request.
Continuances/adjournments may be granted in the discretion of the presiding court official. The court may grant continuance/adjournment upon its own motion or upon the request of one or more parties.
Page 7 | (h) Continuances/ Adjournments
Requests for a continuance or adjournment should be made in writing whenever possible and with as much advance notice as possible.
A request for a continuance/ adjournment shall be made in writing whenever possible and with much advance notice as possible.
Page 8 | (h) Continuances/ Adjournments
Chambers Communication Rules
To schedule a motion hearing, the filer must email the Judicial Assistant and opposing counsel, and should provide the estimated hearing time; email is identified as the preferred communication method.
The attorney or party who files the motion shall email the Judicial Assistant and opposing counsel (if there is one) to schedule a motion hearing prior to filing the motion. The attorney or party should advise the Judicial Assistant how much time they believe is needed for the hearing. Email is the preferred method for communicating with the Judicial Assistant. If there is an attorney of record representing any opposing party, that attorney or his/her office shall be contacted by the moving attorney at the same time to arrange a date with the Judicial Assistant that is convenient for all represented parties.
Page 4 | 1.4 Motions (applies to all case types)
Before scheduling an additional motion on an existing motion date in the same case, an attorney or party must advise the Court; a motion scheduled without following this rule may not be considered.
No attorney/party shall schedule additional motions on a pre- existing motion date for the same case ("piggybacking") without first advising the Court to determine if sufficient time has been set aside for an additional motion. Any motion filed with the Court without adherence to this rule may not be considered by the Court.
Page 5 | 1.4(c)
The Register in Probate/Juvenile Court Clerk's office can help with forms and scheduling, but cannot give legal advice, which self-represented parties should not seek or expect.
The employees of the Register in Probate/Juvenile Court Clerk's office can assist with providing forms and scheduling. However, they may not give legal advice or practice law and self-represented litigants and parties should not ask or expect them to do so.
Page 11 | 3.1 Self-Represented Litigants/Parties