Lincoln County Circuit Court, Wisconsin Document Filing Requirements

Applies to

Remote appearance request

When an attorney requests a remote appearance for a client, the attorney must obtain the client’s consent and, when applicable, file an appropriate waiver of the client’s right to appear personally.

If the request is made by an attorney for a client, the attorney is responsible for obtaining their client’s consent and if applicable, filing an appropriate waiver of the client’s right to appear personally.

Applies to

Remote appearance request

An attorney seeking to appear remotely at an evidentiary proceeding or Final Pre-Trial must make a specific request for that proceeding.

Attorneys must make a specific request with respect to every evidentiary proceeding or Final Pre-Trial for which they wish to appear remotely.

Applies to

Facsimile document

Facsimile documents exceeding 15 pages must certify that the assigned judge or court commissioner approved the filing.

Facsimile documents exceeding fifteen (15) pages in length must certify that the assigned Judge or Court Commissioner has approved such filing.

Applies to

Remote appearance request

Requests for a witness’s remote appearance must comply, as applicable, with the cited Wisconsin statutes and related provisions of chapter 885.

Requests must be made in compliance with section 885.58 (civil cases and special proceedings) or 885.60 (criminal cases and proceedings under chapters 48, 51, 55, 938, and 980) as applicable and all related provisions of chapter 885 of the Wisconsin Statutes.

Applies to

Digital exhibit

A party presenting digital exhibits at trial must have the original and one copy and must operate the courtroom equipment without relying on court staff.

At trial, if a party has digital exhibits they must have with them the original and one copy of the exhibit. A party that wishes to present digital exhibits is to utilize the courtroom equipment themselves and cannot rely on court staff.

Applies to

Remote appearance request

Attorneys must obtain client consent and, when applicable, file a waiver of the client’s right to appear personally, but no written waiver is required when both attorney and client appear remotely.

Attorneys are responsible for obtaining their client’s consent and if applicable, filing an appropriate waiver of the client’s right to appear personally with their attorney before the Court. If the Attorney and client are both appearing remotely, no written waiver is required; see also 1205 below.

Applies to

Answer

A defendant contesting the matter must file a written answer that states the defendant’s defense to the complaint’s claims.

All defendants who contest the matter must file a written answer to the complaint against them. The written answer shall set forth the defendant’s defense to the claims in the complaint.

Applies to

Answer

The original answer must be filed with the Clerk of Court.

The original of any answer shall be filed with the Clerk of Court.

Applies to

Remote appearance request

Remote appearance requests must use Circuit Court Form GF-306.

Remote appearance requests shall be made at least 3 business days in advance of any hearing and on Circuit Court Form GF-306 Request to Appear Remotely.

Applies to

Order to produce

The State must prepare the Order to Produce when the defendant is in the custody of the Wisconsin Department of Corrections or any Wisconsin county sheriff, regardless of the jurisdiction whose charges are holding the defendant.

The State shall prepare the Order to Produce if the Defendant is in the custody of the Wisconsin Department of Corrections, whether the Division of Adult Institutions or Division of Juvenile Corrections, or in the custody of the Sheriff of any county in Wisconsin regardless of the jurisdiction on whose charges the defendant is being held.

Applies to

Annual payment submission

Must include

proposed order

For an ongoing appointment, the attorney must submit an up-to-date itemized billing statement and proposed order by January 15 for the prior calendar year's services.

When an appointment is ongoing, the attorney must submit an up-to-date itemized billing statement together with the proper Proposed Order for Payment no later than January 15th of each year for services rendered in the previous calendar year.

Applies to

Exhibit

A party with exhibits at trial must have the original and three copies of each exhibit.

At trial, if a party has exhibits they must have with them the original and three (3) copies of each exhibit.

Applies to

Remote appearance request

A non-attorney party may appear remotely only after a specific request is made for each hearing.

The Court will permit remote appearance by non-attorney parties only upon a specific request for each hearing.

Applies to

Transcript request

Transcript requests to the official Court Reporter must be written on the branch’s form or, when applicable, the Wisconsin State Public Defender form FIS 501.

All requests for transcripts made to the official Court Reporter for either branch shall be made in writing on the form provided by the Court Reporter for that branch, or on the Wisconsin State Public Defender Request for Transcripts of In- Court Proceedings form (FIS 501) when applicable.

Applies to

Guardian ad litem status submission

The appointed Guardian ad Litem attorney must submit a report and recommendation or case-status correspondence to the Court within 90 days of the later specified event.

An attorney appointed to serve as Guardian ad Litem shall submit a report and recommendation, or correspondence as to case status to the Court, and shall provide copies to the parties, or their legal counsel if represented, within ninety (90) days of the required deposit made by the parties and/or a signed Order Appointing a Guardian ad Litem, whichever happens last, unless an extension is approved by the Court.

Applies to

Jury instructions and verdict

The party requesting a jury trial must prepare draft jury instructions and a verdict and submit them to the Court and opposing party 14 calendar days before trial.

If a jury trial has been demanded, the party requesting the jury trial is responsible for preparing a draft of the jury instructions and verdict. Those documents are to be submitted to the Court and opposing party fourteen (14) calendar days before the jury trial.

Applies to

Withdrawal motion

Must include

proposed order

The attorney must file a withdrawal motion with a proper proposed order within 30 days of case closure or conclusion of the related litigation.

The attorney shall withdraw by filing a Motion with a proper Proposed Order within 30 days of the closure of the case or when litigation relating to the issue for which counsel was appointed has concluded.

Applies to

Payment submission

Must include

proposed order

To receive payment, a Guardian ad Litem attorney must submit an itemized bill and proper proposed order to the Clerk of Court.

In order for any attorney who has been appointed as Guardian ad Litem to receive payment for their services from Lincoln County, they must submit an itemized bill together with a proper Proposed Order for Payment to the Clerk of Court, no later than the 15th of each month for services rendered the month prior.

Applies to

Order authorizing appointment

The Guardian ad Litem may not begin duties until signing the appointment order and the parties deposit the required fees, unless expressly ordered otherwise.

The Guardian ad Litem shall not begin any duties of their appointment until 1) the Guardian ad Litem signs the Order Authorizing Appointment; and 2) the required fees are deposited by the parties absent express order otherwise.

Applies to

Facsimile transmission

When relying on approval as the basis for filing papers transmitted through a non-court fax machine, the party or attorney must certify the transmission.

If documents are transmitted to a plain-paper facsimile machine of a non-court agency, party or company for the receipt, transmittal and delivery to the Clerk of Court/Register in Probate/Clerk of Juvenile Court, papers are to be accepted for filing only if the transmission complies with the foregoing court rule or has been approved by the assigned Judge or Court Commissioner and certified by the party or attorney.

Applies to

Remote appearance request

Must include

proposed order

An attorney’s remote appearance request must include a proper proposed order on Circuit Court Form GF-307.

Any request made by an attorney shall be accompanied by a proper proposed order on Circuit Court Form GF-307.

Applies to

Order authorizing appointment

The Guardian ad Litem may not begin duties until signing the appointment order if required and the parties deposit the required fees, unless expressly ordered otherwise.

The Guardian ad Litem shall not begin any duties of their appointment until 1) the Guardian ad Litem signs the Order Authorizing Appointment if required; and 2) the required fees are deposited by the parties absent express order otherwise.

Applies to

Payment submission

Must include

proposed order

To receive payment, appointed attorneys must submit an itemized bill and proper proposed order to the appropriate clerk.

In order for any attorney who has been appointed as Guardian ad Litem or attorney appointed by the Lincoln County Circuit Court to receive payment for their services from Lincoln County, they must submit an itemized bill together with a proper Proposed Order for Payment to the Clerk of Court/Register in Probate/Clerk of Juvenile Court (depending on who appointed them), no later than the 15th of each month for services rendered the month prior.