Manitowoc County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- For an adjournment sought more than 48 hours before a scheduled proceeding, the request must be written, state a specific reason, be copied to the other parties with their positions stated, and be directed to the presiding judge; a client copy is at the judge's discretion.
- The homeowner’s 10-day supplemental-submission deadline may be extended for compelling circumstances beyond the homeowner’s control.
- An agency preparing the court report may request an extension if it has no prior experience with the youth.
- +5 more
Request must include
Communication
Fax
Clerk
Document Format Requirements7 rules
All pleadings under Chapter 799 shall be in wriling unless specifically ordered otherwise by the court in a specific action
All intake referrals governed by § 48.24(1) or § 938.24(1), are to be submitted in writing on the appropriate forms.
- Intake referral
Formatting
- •Submit the intake referral in writing on the appropriate forms
Unless the Court approves otherwise, court reports must be written, except that a report may be presented orally when a fine is the only requested adjudication.
Court's wording
Unless otherwise approved by the Court, all court reports shall be in writing and include information as indicated in § 938.33 or § 48.33 and shall be completed and e-Hled with the co|rt as soon as possible before the hearing, but not less than two working days before the scheduled dispositional hearing, except, as stated in § 938.33, a court report may be presented orally where a fine is the only requested adjudication.
All requests for rcviewlof court records involving a juvenile shall be in writing.
Formatting
- •Requests to review court records involving a juvenile must be in writing
All requests for review of court records involving a juvenile shall be in writing.
The forms shall be printed on yellow paper
Pleadings and other papers already in the court files (time stamped), including the stipulations and financial disclosure statements, shall not be marked as exhibits.
Document Filing Requirements40 rules
An attorney at the close of the case shall notily the Clerk of Court, in writing or by c-ftling, that he or she is no longer representing the client.
An attorney withdrawing from a case shall submit either a stipulation and order to withdraw or an order for substitution, in writing or by c-filing. with the Clerk of Court;
An attorney appearing In any case shall file a notice of retainer, in writing or by efiling. with the Clerk of Court;
Any attorney who fails to submit an order or a notice under subsection B or C above shall remain as the attorney of record until such an order or a notice is filed.
in all residential mortgage foreclosure, actions filed as of today, February 1. 2013, the plaintiff shall attach to the Summons and Complaint served on all other parlies copies of the following forms prescribed by the court. (a) Notice of Availability of Mediation through the Winnebago Conflict Resolution Center (b) Application for Mediation
Within 5 business days after receiving the homeowner’s initial information, the lender must notify the Program Administrator of known deficiencies.
Court's wording
Within 5 business days after receipt of homeowner’s initial submission of information. Lender shall: a. Notify the Program Administrator of any known deficiencies, including any missing information or documentation required for the loan modification application to be complete, and b. Send the completed Confidential Loan Data Sheet.
The homeowner must submit supplemental information or documents within 10 days after the lender’s deficiency notification.
Court's wording
4. Supplemental Submission. Within 10 days from the date of the Lender’s notification of deficiencies in the financial package, homeowner shall submit supplemental information or documents. This deadline may be extended for compelling circumstances beyond the homeowner's control.
The Program Administrator shall send to the Court a final Mediation Report no later than 10 days after the conclusion of the mediation.
A defendant seeking to contest must file a written Statement of Defenses, except as otherwise provided for evictions and related damages claims.
Court's wording
Except as otherwise provided by these rules for Evictions and any related damages claim, in order to contest, the defendant must file a written Statement of Defenses within 10 business days following the return dale and send a copy to the plaintiff or plaintiff’s attorney as required by law. Failure to serve and file a timely Statement of Defenses may result in a default judgment against the defendant.
Plaintiffs need not attend the return dale, but must file the Declaration of Non Military Service and the proof of service (Certificate of Service) for service other than by mail through the Clerk of Court as set forth in Rule 5.01. Failure to Ilie may result in dismissal, though the court may allow a grace period.
- Document
- Plaintiff filings
Must include
- •Declaration of Non-Military Service
appealing in person to contest, the defendant shall Ilie the written Statement of Defenses as set forth iq Rule 5 03.
This list must also state the date the notice was mailed to the defendant(s).
A plaintiff seeking a bench warrant in the stated circumstances must submit a clerk-supplied affidavit containing the specified debtor information and attestations.
Court's wording
A plaintiff seeking the issuance of a bench warrant against a judgment debtor who fails to appear in court on an order to show cause for failing to appear for a supplemental examination or failing to complete a financial disclosure statement shall complete an affidavit verifying the following information: (1) Debtor's full name. (2) Debtor’s current address. (3) Debtor's date of birth. (4) Sex of debtor. The applicant shall also provide, if available, the debtor's telephone number, driver's license number, height, weight, race, eye color, hair color, or other identifying characteristics. The affidavit shall recite that the judgment debtor has failed to appear in court on an order to show cause, specify the reason for the appearance, and verify that there is a proof of service on the judgment debtor for the failed court appearance in the court's file. The affidavit shall be prepared on a form to be supplied by the clerk.
Before a final stipulated divorce hearing is scheduled, the court file must contain the requesting party's signed financial disclosure statement and a signed marital settlement agreement resolving the listed issues.
Court's wording
Prior to the scheduling of a final stipulated hearing in a divorce case, the following items from the requesting party must be in the court file: (a) The requesting party's signed Financial Disclosure Statement, which must have been furnished to the opposing party. (b) A signed Marital Settlement Agreement resolving all issues of property division, custody, placement, child support and maintenance.
If the review is requested on the record, the moving parly shall take the necessary steps to have a transcript of the commissioner hearing Tiled with the circuit court prior to pe review hearing.
The motion for review shall include: 1. The decision, order or ruling for which a review is sought, and 2. Whether the hearing requested is a new evidentiary (de novo) hearing or a hearing on the record.
Tht| requesting party must state in writing that the party has completed discovery which he or she intends to conduct (or that he or she has filed a motion to compel discovery of information which has not been
Before a divorce pretrial is scheduled, the court file must contain a signed financial disclosure statement with the specified supporting information, asset and liability summary, and monthly budget.
Court's wording
Prior to the scheduling of a pretrial in a divorce case, the following items from the requesting party must be in the court Ilie: (a) Financial Disclosure Statement The requesting parly's signed Financial Disclosure Statement, w'hich must have been furnished to the opposing parly, complete with supporting information. "Supporting information" includes the following: Assets: 1. Income Tax Returns. Copy of federal income lax returns for the last two years. 2. Current Income Information. Copies of the party’s pay stubs for four most recent pay periods, or, if the stub shows year to date totals, the most recent period only. 3. Real Estate. In the case of real estate, copy of appraisal, lax bill, or other written information supporting the claimed value of the real estate. Also, a copy of the most recent mortgage balance statement from any mortgage holder. 4. Retirement Plans. In the case of any retirement plan, a written earnings statement or letter from the employer or plan administrator showing the current value of the plan or the current benefits which have been earned. 5. Life Insurance. A statement from the carrier showing the policy's current cash value, or statement from the carrier or employer indicating the plan has no cash value. Liabilities: A statement of all liabilities including for each the name of the creditor, amount of the debt, purpose for which incurred, and the monthly payment, if any. being m|dc on the debt. Asset and Liability Summary: An Asset and Liability Summary, showing the parly’s claimed value of assets and amount of liabilities, and the proposed allocation of assets and liabilities, on the form provided with these requirements. Monthly Budget: A monthly budget showing current gross monthly income from all sources, deductions from gross income, net monthly income, and expenses.
The requesting party shall Ilie a statement of issues indicating items which are in dispute and those which are not in dispute. With respect lo any disputed items, the parly shall sei forth his or her position and. to the best of the requesting party's knowledge, the position of the opposing parly, if child custody or placement is in dispute, the requesting party must have filed a Parenting Plan.
If child custody or placement is in dispute, the opposing party must file a Parenting Plan.
(a) Financial Disclosure Statement. The opposing party must file a Financial Disclosure Statement in the form described above.
(c) Discovery. The opposing party must state in writing that the party has completed discovery which he or she intends to conduct (or that he or she has filed a motion to compel discovery of information which has not been timely furnished in response in response to a discovery request) and that he or she has complied with any discovery requests of the requesting party.
(b) Statement of Issues. I he opposing shall file a statement of issues indicating items which are in dispute and those which are not in dispute. With respect to any disputed items, the party shall set forth his or her position and. to the best of the requesting party's knowledge, the position of the requesting party.
If law enforcement is initialing custody, the law enforcement officer shall be required to complete ihe Request for Temporary Physical Custody (TPC) form before the person is delivered to the Intake Worker.
In such cases the Intake Worker must notify the youth/child and parents of their rights under Chapter 48 and 938 in writing.
At the commencement of the intake inquiry, the Intake Worker shall advise the youth and parents of their rights, obligations and possible disclosures. The Intake Worker shall do so by providing the child youth and parent(s) who attend with the appropriate form. Notidc is considered properly given whether or not the recipients sign the signature block on the form.
If signed, the signed copy of the form shall be filed in the court file. If the youth or parent(s) did not sigh, the Juvenile Court Clerk shall file a copy of the form with a notation as to thp person(s) and date(s) on which the notice was provided.
The Intake Worker must file the signed form, or, if it was not signed, file a copy with a notation identifying who received notice and when.
Court's wording
If signed, the signed copy of the form shall be filed in the Intake Worker's file. If the child 'youth or parent(s) did not sign, the Intake Worker shall file a copy of the form with a notation as to the person(s) and datc(s) on which the notice was provided.
Court reports must include the information specified in § 938.33 or § 48.33 unless the Court approves otherwise.
Court's wording
Unless otherwise approved by the Court, all court reports shall be in writing and include information as indicated in § 938.33 or § 48.33 and shall be completed and e-Hled with the co|rt as soon as possible before the hearing, but not less than two working days before the scheduled dispositional hearing, except, as stated in § 938.33, a court report may be presented orally where a fine is the only requested adjudication.
The juvenile court clerk shall make available upon request the appropriate forms for requesting such information.
No copies of any court records shall be made or provided to anj person requesting access to the records of a youth.
For any request made in 3-5 above, the Judge will make the final order related to the release of records The Juvenile Clerk is responsible for preparing and presenting the order to the Judge for a final decision.
If parlies stipulate as requested, they shall sign a form provided by the clerk and make arrangements for appropriate disposition of the exhibits.
The homeowner's second step is lo contact a housing counselor to set up a meeting for the purpose of compiling a complete financial package. The housing counselor sends the package directly lo the Program Administrator.
To initiate Ihe mediation process, either party may make a request. The homeowner's request must utilize ihe "Mediation Request Form."
- Document
- Mediation request
Must include
- •Mediation Request Form
When there is probable cause and reason to doubt competency, the court must order an examination and complete form JD* 1732j.
Court's wording
If there is probable cause to believe that a youth committed the alleged offense and there is reason to doubt the youth’s competency' to proceed, the court shall order an exam under § 938.295 and complete Wisconsin Circuit Court form JD* 1732j Order for Examination or Assessment.
Reexamination reports shall indicate one of the following:
Tailored conditions in child protection and youth justice dispositional orders are encouraged to be individualized, culturally responsive, minimally intrusive, attainable, concise, prioritized, behavior-focused, and measurable.
Court's wording
In both child protection and youth justice cases, tailored conditions are encouraged and are meant to capture the specific bchas ior changes needed to ensure child and community safety, thereby aiding in families'youth successfully exiting the formal system. Tailored dispositional orders include conditions that are: i. Tailored to the circumstances of the individual family ii. Responsive to the culture, race, and/or ethnicity of the family iii. Least intrusive so that the level of disruption to the family is minimized 1 iv. Attainable t|nd realistic for parents/youth to successfully achieve v. Shorter and use simplified wording that will be less overwhelming for youth and families vi. Prioritized and focused on underlying issues vii. Behavior-focused, oriented towards observable conditions, and include services aligned with needs, as opposed to expecting compliance with a service viii. Measurable, with transparent measurement criteria for youth and families
The requester may bring a motion to the court if the requester believes the information should not have been blocked.
The requester may bring a motion to the court if the requester believes the ihformation should not have been blocked.
Filing & Service rules
Electronic Filing Rules
The Clerk accepts fax filings only when no filing fee is required and the document is no more than 15 pages, or the transmission has been approved by the assigned judge or court commissioner.
Facsimile documents transmitted for filing directly to the Clerk of Circuit Court shall be accepted for filing only if: (I) No filing fee is required to file the document. (2) The document docs not exceed 15 pages in length or the facsimile transmission has been approved by the assigned judge or court commissioner.
Page 5 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
Facsimile filings exceeding 15 pages require prior approval from the assigned judge or court commissioner, and the sender must certify that approval was obtained.
Prior approval must be obtained from the assigned judge or court commissioner for the facsimile transmission of documents exceeding 15 pages in length to the Clerk of the Circuit Court for filing, and the party or attorney transmitting the document shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
Page 5 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
To be officially filed, a facsimile document must be sent directly to the Clerk of Circuit Court fax machine at (920) 683-2733.
A facsimile document must be transmitted directly tp the Clerk of Circuit Court fax machine at (920) 683-2733 to be considered officially filed. No exceptions.
Page 5 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
Unless otherwise approved by the Court, all court reports shall be in writing and include information as indicated in § 938.33 or § 48.33 and shall be completed and e-Hled with the co|rt as soon as possible before the hearing, but not less than two working days before the scheduled dispositional hearing, except, as stated in § 938.33, a court report may be presented orally where a fine is the only requested adjudication.
Unless otherwise approved by the Court, all court reports shall be in writing and include information as indicated in § 938.33 or § 48.33 and shall be completed and e-Hled with the co|rt as soon as possible before the hearing, but not less than two working days before the scheduled dispositional hearing, except, as stated in § 938.33, a court report may be presented orally where a fine is the only requested adjudication.
Page 34 | 7.09 DISPOSITION - GENREAL GUIDELINES
A fax filing is the official record and may not be replaced; do not send the original or additional copies after faxing, because later duplicates will be discarded.
Pursuant to Wis. Slat. § 801.16(2)(c). facsimile documents Hied with the Clerk of Circuit Court arc the official record and may not be substituted. Do not follow up a fax transmittal with the original document. NO ADDITIONAL COPIES SHOULD HE SENT. ANY DUPLICATE PAPERS SUBSEQUENTLY RECEIVED WILL BE DISCARDED.
Page 6 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
The rent and damages list may be filed electronically.
A rent and damages list must be received in the Clerk of Court’s office (or E-Filed) not later than the close of business 5 days before the rent and damages hearing.
Page 16 | 5.04(3) Eviction Commissioner Hearing on Rent and Damages
The court encourages limiting fax filings to matters involving a deadline or requiring immediate attention and advises that fax should not replace mailing.
To help maintain quality documents in our court record, we would encourage individuals to limit use of facsimile transmissions for filing documents to situations where there is a time deadline at issue or for situations requiring immediate attention by the court, facsimile transmissions should not become a substitute for mailing.
Page 6 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
The listed attorney appearance, withdrawal, and end-of-representation filings may be submitted in writing or by e-filing.
An attorney appearing In any case shall file a notice of retainer, in writing or by e filing. with the Clerk of Court; B. An attorney withdrawing from a case shall submit either a stipulation and order to withdraw or an order for substitution, in writing or by c-filing. with the Clerk of Court; C. An attorney at the close of the case shall notily the Clerk of Court, in writing or by c-ftling, that he or she is no longer representing the client.
Page 6 | 2.03 ATTORNEY RESPONSIBILITY IN REPRESENTING CLIENTS
Filing Timing and Cure Windows
After-hours fax filings submitted by 11:59 p.m. Central Time are considered filed that day if later accepted by the Clerk; fax filings completed after 11:59 p.m. are considered filed the next day the Clerk's office is open.
Documents filed with the circuit court by facsimile transmission completed after regular business hours of the clerk of circuit courts office arc considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. The expanded availability of time to file shall not affect the calculation of under other statutes, rules and court orders. Documents submitted by facsimile transmission completed after 11:59 p.m.. arc considered Hied the next day the clerk's office is open.
Page 6 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
The homeowner must complete all three application steps within 60 days after receiving the Mediation Request Form; absent extenuating circumstances, the application will be deemed inactive.
If the homeowner does not complete all three steps within 60 days from receipt of the Mediation Request Form, in the absence of extenuating circumstances, the application will be deemed inactive.
Page 10 | Foreclosure Mediation Process Description, C. Request/Conscnt Process
The final Mediation Report is due no later than 10 days after mediation concludes.
The Program Administrator shall send to the Court a final Mediation Report no later than 10 days after the conclusion of the mediation.
Page 13
For any non-eviction matter, counsel for either party must appear in order for attorney fees to be awarded. The appearance may be by letter. If there is no letter of appearance by counsel for the return date, the case will be dismissed (with prejudice if the defendant appeared.)
For any non-eviction matter, counsel for either party must appear in order for attorney fees to be awarded. The appearance may be by letter. If there is no letter of appearance by counsel for the return date, the case will be dismissed (with prejudice if the defendant appeared.)
Page 14 | 5.04 SMALL CLAIMS APPEARANCES (1) Replevin and monetary cases
A defendant who contests must file a written Statement of Defenses before the return date or appear on the return date in person or by videoconference; a written statement constitutes appearance.
Defendants need not appear if not contesting. To contest, defendants must file a written Statement of Defenses, either personally or by counsel prior to the return date or appear at the return date either in person or by videoconference. A written Statement of Defenses by' defendant or counsel will constitute appearance.
Page 14 | 5.04 SMALL CLAIMS APPEARANCES (1) Replevin and monetary cases
To contest, a defendant generally must file a written Statement of Defenses within 10 business days after the return date, subject to the stated exception.
Except as otherwise provided by these rules for Evictions and any related damages claim, in order to contest, the defendant must file a written Statement of Defenses within 10 business days following the return dale and send a copy to the plaintiff or plaintiff’s attorney as required by law. Failure to serve and file a timely Statement of Defenses may result in a default judgment against the defendant.
Page 14 | 5.03 STATEMENT OF DEFENSES REQUIRED.
The defendant’s written Statement of Defenses must reach the Court by close of business on the day before the Eviction Trial.
Defendant’s written Statement of Defenses must be received by the Court by the close of business the day before the Eviction I rial.
Page 15 | 5.04(2) Evictions
The rent and damages list must be received by the Clerk of Court or e-filed by close of business five days before the hearing.
A rent and damages list must be received in the Clerk of Court’s office (or E-Filed) not later than the close of business 5 days before the rent and damages hearing.
Page 16 | 5.04(3) Eviction Commissioner Hearing on Rent and Damages
A defendant adding a party to a small claims action must file the third-party summons and complaint within 20 days after the Return Date.
Any defendant wishing to add another party to a small claims action must Hie a third party summons and complaint no later than 20 days after the Return Date.
Page 17 | 5.06 THIRD PARTY ACTIONS
After a post-hearing Demand for Trial, the third-party defendant must file a written Statement of Defenses within 10 business days after receiving notice of the trial date.
If a Demand for I rial is Hied by any party after the commissioner hearing, the third party defendant shall file a written Statement of Defenses within 10 business days after receipt of notice cjf the trial date and send a copy to all parties in the action or their attorney.
Page 17 | 5.06 THIRD PARTY ACTIONS
Either party may move for review after the hearing, but the motion must be made no later than 30 days after the order.
Either parly may, at any time after the hearing, but not later than thirty (30) days after the date of the order, move for review of said Findings and Ordei of the Family Court Commissioner by the Judge of the branch of the court to which the case has been assigned.
Page 19 | Review by Circuit Court
The opposing party must provide the listed materials no later than ten days before the Pretrial Conference.
(2) No later than ten (10) days before the Pretrial Conference the opposing party shall provide the following:
Page 21
If statutory grounds for an extension exist, an unfiled Chapter 48 petition must be filed within 48 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.
If a petition under Chapter 48 has not been filed by ihc time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within 48 hours from the time of the hearing, excluding Saturday, Sunday, and legal holidajs.
Page 28 | 6. CUSTODY HEARING AND PETITION CHAPTER 48
A Chapter 938 petition must be filed by the custody hearing unless grounds for an extension exist.
It is required that a petition be filed by the time of the custody hearing, unless there are grounds for an extension.
Page 28 | 7. CUSTODY HEARING AND PETITION CHAPTER 938
A Chapter 48 petition must be filed by the custody hearing unless grounds for an extension exist.
It is required that a petition be filed by the lime of the custody hearing unless there are grounds for an extension.
Page 28 | 6. CUSTODY HEARING AND PETITION CHAPTER 48
If statutory grounds for an extension exist, an unfiled Chapter 938 petition must be filed within 48 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.
If a petition under Chapter 938 has not been filed by the lime of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within 48 hours from the time of the hearing, excluding Saturday, Sunday, and legal holidays.
Page 28 | 7. CUSTODY HEARING AND PETITION CHAPTER 938
When the stated probable-cause and competency-doubt conditions are met, a competency hearing for a youth held in secure custody must occur no more than 10 days after the plea hearing.
If the court has found probable cause to believe that the youth has committed the alleged offense and has reason to doubt the youth's competency to proceed, the hearing to determine whether the youth is competent to proceed shall be held no more than 10 days after the plea hearing for a youth who is held in secure custody and no more than 30 days after the plea hearing for a youth who is not held in secure custody, under § 938.30.5(a).
Page 31 | 7.06 PLEA HEARINGS — COMPETENCY CHAPTER 938
For a youth not held in secure custody, the Chapter 938 hearing must allow reasonable preparation time and take place within 30 days after the petition is filed.
The hearing to determine the youth's plea to a petition under § 938.12. 938.13 (12) or (14) or to determine whether any parly wishes to contest an allegation that the youth is in need of protection or Services under tj 938.13 (4), (6). (6m), or (7) shall take place on a date which allows reasonable lime for the parlies to prepare but is within 30 days after the filing of a petition for a youth who is not being held in secure custody or within 10 day after the filing of a petition for a youth who is being held in secure custody.
Page 31 | 7.06 PLEA HEARINGS — GENERAL GUIDELINES CHAPTER 938
The Chapter 48 hearing must allow reasonable preparation time and take place within 30 days after the petition is filed.
The hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services under § 48.13. This shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the Filing of a petition for a child.
Page 31 | 7.06 PLEA HEARINGS — GENERAL GUIDELINES CHAPTER 48
The court must set a report-filing date that gives involved parties a reasonable opportunity to review the report before the competency hearing.
The court shall specify the dale by which the report must be Filed to allow for a reasonable opportunity for involved parties to review the report prior to the hearing to determine competency.
Page 31 | 7.06 PLEA HEARINGS — COMPETENCY CHAPTER 938
If a reexamination indicates that the youth has become competent, the court must hold a competency hearing within 10 days.
The youth has become competent. In this case, the court shall hold a hearing within 10 days to determine whether the youth is competent.
Page 32 | 7.06 PLEA HEARINGS — COMPETENCY CHAPTER 938
After a qualifying commitment or disposition order, reexaminations must be submitted to the court every three months.
Upon a commitment under § 51.20(1) or a disposition order under § 938.13(14), there shall be periodic reexaminations submitted to the court every 3 months and within 30 days of the expiration of the commitment or dispositional order.
Page 32 | 7.06 PLEA HEARINGS — COMPETENCY CHAPTER 938
Court reports must be completed and filed as soon as possible before the hearing and at least two working days before the scheduled dispositional hearing, unless the Court approves otherwise.
Unless otherwise approved by the Court, all court reports shall be in writing and include information as indicated in § 938.33 or § 48.33 and shall be completed and e-Hled with the co|rt as soon as possible before the hearing, but not less than two working days before the scheduled dispositional hearing, except, as stated in § 938.33, a court report may be presented orally where a fine is the only requested adjudication.
Page 34 | 7.09 DISPOSITION - GENREAL GUIDELINES
A dispositional hearing for a transferred matter must be set within 30 days after the county receives the transfer documents.
If a matter has been transferred from another county to this county for a dispositional hearing, the dispositional hearing shall be set within 30 days of the receipt of the transfer documents from the other county.
Page 35
An agency seeking to extend a dispositional order must notify the court at least 30 days before the order terminates.
The agency primarily responsible for implementation of a dispositional order shall notify the court at least thirty days prior to the termination of an order if the agency will seek to extend the dispositional order, Corporation counsel or the Clerk of Court shall ensure that copies of the Petition shall be sent to all parties entitled to notice.
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
Requests for access to court records must receive a written response within 48 hours of the request.
All requests for access to court records shall be responded to, in writing, within 48 hours of the request.
Page 38 | 7.14 REQUESTS TO REVIEW COURT FILED INVOLVING YOUTHS
The sender is solely responsible for ensuring timely, complete receipt of a fax filing, and the Clerk is not responsible for transmission errors, illegible or missing documents, or machine outages.
I he party transmitting a facsimile document is solely responsible for ensuring its timely and complete receipt. The Clerk of Circuit Court is not responsible for errors or failures in transmission that result in missing or illegible documents or failures in transmission due to periods when the facsimile machine is not operational for any reason.
Page 6 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
After the homeowner completes all three application steps, the Program Administrator will notify lender’s counsel and request participation, seeking a response within 10 business days.
After Ihe homeowner has completed all three application steps, the Program Administrator will notify Lender's counsel and request Lender’s participation, seeking a response within 10 business days.
Page 10 | Foreclosure Mediation Process Description, C. Request/Conscnt Process
Within two business days after receiving the request form, the Program Administrator must refer a housing counseling agency to the homeowner by mail or email.
Within two business days of receiving ihe Request Form, the Program Administrator will refer a housing counseling agency to the homeowner via mail or email.
Page 10 | Foreclosure Mediation Process Description, C. Request/Conscnt Process
If the court finds that the youth is likely to become competent, reexaminations should continue every three months.
If the court determines the youth is likely to become competent, reexaminations should continue every 3 months and within 30 days of the expiration of the commitment or dispositional order.
Page 32 | 7.06 PLEA HEARINGS — COMPETENCY CHAPTER 938
Service and Proof of Service Rules
Subpoenas sent to the Manitowoc County Sheriff's department for service must include a photocopy of the State Public Defender's Order Appointing Counsel.
That subpoenas directed to the Manitowoc Count) Sheriffs department for service shall be accompanied by a photocopy of the State Public Defender's "Order Appointing Counsel":
Page 8 | 3. CR1MINAL/TRAFFIC RULES
Presenting the Order Appointing Counsel copy has the effect of a court order requiring the Sheriff's department to serve the named witness in the same manner as it serves State witnesses.
That the presentation of the aforesaid copy of the "Order Appointing Counsel" shall have the effect of a court order requiring the Sheriffs department to serve process on the witness named therein in the same manner as service of process for witnesses for the State;
Page 8 | 3. CR1MINAL/TRAFFIC RULES
Service-of-process and witness fees in these State Public Defender cases must be paid in the same manner as witness fees for the State.
That service of process fees and witness fees in a Manitowoc County Circuit Court proceeding where counsel has been provided to a person through the office of the State Public Defender shall be paid in the same manner as witness fees for the State are paid.
Page 8 | 3. CR1MINAL/TRAFFIC RULES
Default-judgment and judgment-on-the-pleadings motions must be heard in open court, with notice provided to every defendant at least 10 days before the hearing, whether or not the defendant has appeared.
Motions for Default Judgment or Judgment on the Pleadings shall be scheduled for a hearing in open court. Notice shall be provided to all defendants at least ten (10) days before the hearing, whether or not any defendant has previously appeared.
Page 9 | 4.03 MORTGAGE FORECLOSURE PROCEDURE
The plaintiff must serve all of the mediation forms on every mortgagor named in the action.
Plaintiff shall serve all forms on all mortgagors named in the action
Page 9 | 4.03 MORTGAGE FORECLOSURE PROCEDURE
Summons may be served by regular mail as provided by statute, except in the specified actions requiring personal service.
Service of summons by regular mail is authorized as provided in Wis. Stats. §799.12(3). except personal service shall be required for eviction actions, replevin actions where a deficiency is requested, all consumer credit replevin actions brought under Chapter 425. and non-earning garnishment actions.
Page 14 | 5.01 SERVICE BY MAIL AUTHORIZED.
Personal service is required for eviction actions, specified replevin actions, and non-earning garnishment actions.
except personal service shall be required for eviction actions, replevin actions where a deficiency is requested, all consumer credit replevin actions brought under Chapter 425. and non-earning garnishment actions.
Page 14 | 5.01 SERVICE BY MAIL AUTHORIZED.
A defendant must send a copy of the Statement of Defenses to the plaintiff or the plaintiff’s attorney as required by law.
Except as otherwise provided by these rules for Evictions and any related damages claim, in order to contest, the defendant must file a written Statement of Defenses within 10 business days following the return dale and send a copy to the plaintiff or plaintiff’s attorney as required by law. Failure to serve and file a timely Statement of Defenses may result in a default judgment against the defendant.
Page 14 | 5.03 STATEMENT OF DEFENSES REQUIRED.
Plaintiffs must file proof of service when service was not by mail through the Clerk of Court under Rule 5.01, though the court may allow a grace period.
Plaintiffs need not attend the return dale, but must file the Declaration of Non Military Service and the proof of service (Certificate of Service) for service other than by mail through the Clerk of Court as set forth in Rule 5.01. Failure to Ilie may result in dismissal, though the court may allow a grace period.
Page 14 | 5.04 SMALL CLAIMS APPEARANCES (1) Replevin and monetary cases
The third-party summons and complaint must be served under Wis. Stats. § 799.05 at least 8 days before the commissioner hearing.
Such third party summons and complaint shall be returnable at the commissioner hearing and serve pursuant to Wis. Stats. § 799.05 not less than 8 days prior to the commissioner hearing.
Page 17 | 5.06 THIRD PARTY ACTIONS
The third-party defendant must send a copy of the Statement of Defenses to all parties or their attorneys.
If a Demand for I rial is Hied by any party after the commissioner hearing, the third party defendant shall file a written Statement of Defenses within 10 business days after receipt of notice cjf the trial date and send a copy to all parties in the action or their attorney.
Page 17 | 5.06 THIRD PARTY ACTIONS
Copies of orders entered under this rule must be sent to each party or attorney of record, the Family Court Commissioner, and the Child Support Agency.
Copies of all orders entered pursuant to this court rule shall be sent to each party or attorney of record, to the family Court Commissioner and to the Child Support Agency.
Page 18 | 6.01 PROCEDURE FOR DISMISSING INACTIVE FAMILY ACTIONS
Copies of orders entered under this rule must be sent to each party or attorney of record, the Family Court Commissioner, and the Child Support Agency.
Copies of all orders entered pursuant to this court rule shall be sent to each party or attorney of record, to he Family Court Commissioner and to the Child Support Agency.
Page 18 | 6.01 PROCEDURE FOR DISMISSING INACTIVE FAMILY ACTIONS
The requesting party must furnish the signed Financial Disclosure Statement to the opposing party before the stipulated final hearing is scheduled.
The requesting party's signed Financial Disclosure Statement, which must have been furnished to the opposing party.
Page 19 | 6.03 DIVORCE STIPULATED FINAL HEARING REQUIREMENTS
The requesting parly's signed Financial Disclosure Statement, w'hich must have been furnished to the opposing parly, complete with supporting information.
The requesting parly's signed Financial Disclosure Statement, w'hich must have been furnished to the opposing parly, complete with supporting information.
Page 20 | 6.04 DIVORCE PRETRIAL REQUIREMENTS
The TPC form and supporting documentation must be provided to the Corporation Counsel’s office as soon as possible and by 10:00 a.m. on the hearing day.
A copy of the Temporary Physical Custody (TPC) form, along with any supporting documentation shall be provided to the Manitowoc County Corporation Counsel’s office as soon as possible, but no later than 10:00 am of the day of the Temporary Physical Custody (TPC) hearing is held.
Page 28 | 6. CUSTODY HEARING AND PETITION CHAPTER 48
The Intake Worker’s written recommendation must be distributed to all parties by noon on the TPC hearing day.
The Intake Worker’s written recommendation shall be distributed to all parties by noon on the day of the Temporary Physical Custody hearing.
Page 28 | 7. CUSTODY HEARING AND PETITION CHAPTER 938
The TPC form, Court Referral form, and supporting documentation must be provided to the District Attorney’s Office as soon as possible and by 10:00 a.m. on the hearing day, with the Intake Worker also receiving them if law enforcement initiated the matter.
A copy of the T emporary Physical Custody (1 PC) form, along with the Court Referral form and all supporting documentation shall be provided to the Manitowoc County District Attorney’s Office (and the Intake Worker if initialed by law enforcement) as soon as possible but no later than 10am on the day Ihe Temporary Physical Custody hearing is held.
Page 28 | 7. CUSTODY HEARING AND PETITION CHAPTER 938
If a parent does not attend a custody hearing and their address is known, the Juvenile Court Clerk must send them a copy of the written form at the hearing’s conclusion.
If a parent docs not attend the custody hearing and the address of the non attending parent is known, the Juvenile Court Clerk shall send a copy of the written form to the parent at the conclusion of the hearing.
Page 33 | 7.08 NOTICE OF RIGHTS, OBLIGATIONS, AND POSSIBLE DISCLOSURES TO CHILD/YOUTH AND PARENTS
If a parent does not attend an intake inquiry and their address is known, the Intake Worker must send them a copy of the written form at the inquiry’s conclusion.
If a parent does not attend the intake inquiry and the address of the non-attending parent is known, the Intake Worker shall send a copy of the written form to the parent at the conclusion of the intake inquiry.
Page 33 | 7.08 NOTICE OF RIGHTS, OBLIGATIONS, AND POSSIBLE DISCLOSURES TO CHILD/YOUTH AND PARENTS
The agency preparing a court report for Chapter 48 proceedings must transmit copies to any child age 12 or older and the child’s parents.
The agency completing the court report related to proceedings in Chapter 48 shall transmit copies of the court report to any child age 12 or older and the child’s parents.
Page 34 | 7.09 DISPOSITION - GENREAL GUIDELINES
The agency preparing a court report for Chapter 938 proceedings must transmit copies to the youth and the youth’s parents.
The agency completing the court report related to proceedings in Chapter 938 shall transmit copies of the court report to the youth and youth's parents.
Page 34 | 7.09 DISPOSITION - GENREAL GUIDELINES
Corporation counsel or the Clerk of Court must ensure that copies of the petition are sent to all parties entitled to notice.
Corporation counsel or the Clerk of Court shall ensure that copies of the Petition shall be sent to all parties entitled to notice.
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
Parties must present documents to the opposing party before a contested hearing; failure may result in rescheduling.
Parties must present documents to the opposing party in advance of any contested hearing. Failure to do so may result in the hearing being rescheduled.
Page 14 | 5.04 SMALL CLAIMS APPEARANCES.
If there is not time to deliver the Statement of Defenses by mail, it may be served on the plaintiff at the start of the Eviction Trial.
Service of the Statement of Defences on the plaintiff can be made at the start of the Eviction Trial if time does not permit delivery by mail.
Page 15 | 5.04(2) Evictions
The Clerk of Court’s office should distribute petitions to the Intake Worker and the Public Defender’s office.
Petitions should be distributed by the Clerk of Court's office to the Intake Worker and the Public Defender's office.
Page 28 | 7. CUSTODY HEARING AND PETITION CHAPTER 938
The rule does not otherwise limit the use of other process servers, the manner of service, or payment of service and witness fees, except as specified above.
Thal this rule does not purport to regulate or otherwise limit in any Manitowoc County Circuit Court proceeding the use of other agents for service of process, the manner of service, or payment of service and witness fees, except as set forth above.
Page 8 | 3. CR1MINAL/TRAFFIC RULES
Filing Fees and Waivers
The Clerk charges $1.25 per page to send documents by fax, and payment must be made in advance in person by cash, check, credit card, or debit card.
A fee of $ 1.25 per page will be charged for each page sent by the Clerk of Circuit Court by facsimile transmission. Prepayment is required before the Clerk of Circuit Court sends any document. Payments may be made in person by cash, check, credit card, or debit card.
Page 5 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
Authenticated copies of a filed fax document cost $1.25 per page, payable in advance before the copies are mailed or faxed.
If authenticated copies of a filed facsimile document are requested, the Clerk of Court will prepare the copies from the filed facsimile document, at a cost of $1.25 per page, which must be prepaid before copies will be mailed out or faxed.
Page 6 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
The homeowner must pay the $150 application fee by check, money order, or credit/debit payment by telephone.
The homeowner's third step is to pay the application fee of $150 by check, money order or credit debit payment via telephone.
Page 10 | Foreclosure Mediation Process Description, C. Request/Conscnt Process
The lender’s non-refundable $150 fee is due when it consents to participate.
Lender's non-re fundable fee of $ 150 is due at the time of consent.
Page 10 | Foreclosure Mediation Process Description, C. Request/Conscnt Process
Sealing & Redaction Procedures
Before releasing information requested by a juvenile, parent, guardian, or legal custodian under the cited statute, the clerk must review the file for potential imminent danger and, if concerned, refer the matter to the judge or prepare a version with the potentially dangerous information blocked out.
If a request is made by a juvenile, parent, guardian or legal custodian under § 938.396(2g)(ag) or (am')- before release of any information requested, the juvenile court clerk shall review! the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either: i. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or, ii. Prepare a version of the information requested with the potentially dangerous information blocked out.
Page 37 | 7.14 REQUESTS TO REVIEW COURT FILED INVOLVING YOUTHS
For the specified felony-after-prior-adjudication requests, the clerk must first determine that the juvenile is currently charged with a felony, was previously adjudicated delinquent, and that adjudication remains of record and unreversed; if all are true, the clerk must remove the specified reports and sensitive personal information before inspection and refer release questions to the assigned judge.
Requests pursuant to §'938.396(2mXb): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall: i. First, make all of the following determinations: a. That thcijuvcnile is currently charged with a felony. b. That thajuvcnile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding. c. Thal the previous adjudication remains of record and has not been reversed. ii. Second, if all of the above have been found to exist, the juvenile clerk before releasing the tile for inspection shall remove from the 111c all reports under § 938.295 (physical, mental, psychological, or developmental examination reports) or § 938.33 (court dispositional reports) or other records that deal with sensitive personal information of the youth and the youth's family. If the juvenile court clerk, has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the that case for a determination.
Page 37 | 7.14 REQUESTS TO REVIEW COURT FILED INVOLVING YOUTHS
For covered serious juvenile offender record requests, the clerk must determine whether the juvenile is alleged to have committed a specified crime and, if so, remove the specified reports and other records containing sensitive personal information before releasing the file for inspection; questions about release must be referred to the assigned judge.
Requests pursuant to § 938.396(2m)(a): If a request is for access to juvenile court records made by any person under § 938.396(2m)(a) for juveniles alleged to have committed an offense enumerated in § 938.34(4h){a) (Serious Juvenile Offender crimes), the juvenile court clerk shall before releasing the file for inspection: i. Determine if the juvenile is alleged to have committed a crime specified in § 938.34(4h)(a), and, if so, ii. Remove from the file all reports under § 938.295 (physical, mental, psychological, or developmental examination reports) or § 938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court Clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the that case for a determination.
Page 37 | 7.14 REQUESTS TO REVIEW COURT FILED INVOLVING YOUTHS
Before releasing information requested by a juvenile, parent, guardian, or legal custodian under the cited statute, the clerk must review the file for potential imminent danger and, if concerned, refer the matter to the judge or prepare a version with the potentially dangerous information blocked out.
If a request is made by a juvenile, parent, guardian or legal custodian under § 938.396(2g)(ag) or (am), before release of any information requested, the juvenile court clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either: a. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or. b. Prepare a version of the information requested with the potentially dangerous information blocked out.
Page 38 | 7.15 DELINQUENCY PROCEEDINGS COMMENCED BY A REVERSE WAIVER
For the specified records-access request, the clerk must first verify the three stated conditions and, if they all exist, remove reports and other records containing sensitive personal information before releasing the file for inspection.
5. Requests pursuant to § 938.39{>(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall: a. First, make all of the following determinations: i. That the juvenile is currently charged with a felony. ii. That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding. iii. That the previous adjudication remains of record and has not been reversed. b. Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under § 938.295 (physical, mental, psychological, or developmental examination reports) or § 938.33 (court dispositional reports) or other records that deal with sensitive personal information of7 the youth and the youth's family.
Page 39
Before releasing the file for inspection in the specified serious-juvenile-offender circumstances, the clerk must determine whether the juvenile is alleged to have committed a specified crime and, if so, remove reports and other records containing sensitive personal information.
committed an of fense enumerated in § 93834(4h)(a) (Serious Juvenile Offender crimes), the juvenile court clerk shall before releasing the file for inspection: a. Determine if the juvenile is alleged to have committed a crime specified in § 938.34(4h)(aJ. and, if so, b. Remove from the file all reports under § 938.295 (physical, mental, psychological, or developmental examination reports) or § 938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family.
Page 39
Adjournment & Extension Requirements
For an adjournment sought more than 48 hours before a scheduled proceeding, the request must be written, state a specific reason, be copied to the other parties with their positions stated, and be directed to the presiding judge; a client copy is at the judge's discretion.
Whenever an adjournment is sought more than 48 hours prior to a scheduled court proceeding, the requesting attorney . party shall: (1) Make request in writing; (2) State the specific reason for request; (3) Provide a copy of the request to other parties: state the position of the other parties on the request; (4) Provide a copy of the request to his her client at the judge's discretion; (5) Direct the request to th? presiding judge.
Page 5 | 2. RULES OF GENERAL APPLICABILITY
For an extension request filed during the 30 days immediately before termination, the court must attempt to schedule the case before the termination date.
If the extension request is Tiled during the thirty-day period immediately prior to the termination of the order, the court shall attempt to schedule the case before the termination dale.
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
If the court cannot schedule the matter before the order terminates, it will grant a request for a temporary 30-day extension.
If the court cannot schedule the matter before the termination date, the court will grant the request for a temporary thirty-day extension under § 48.365(6) or § 938.365(6).
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
The court must schedule an extension hearing whenever an extension request is filed.
The court shall schedule an extension hearing in all cases where a request for an extension is bled.
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
The homeowner’s 10-day supplemental-submission deadline may be extended for compelling circumstances beyond the homeowner’s control.
4. Supplemental Submission. Within 10 days from the date of the Lender’s notification of deficiencies in the financial package, homeowner shall submit supplemental information or documents. This deadline may be extended for compelling circumstances beyond the homeowner's control.
Page 11 | D. Mediation Prcparation/Documcnt Exchange
An agency preparing the court report may request an extension if it has no prior experience with the youth.
If the agency preparing the court report has not had any prior experience with the j outh, (he agency may request an extension for preparation of the court report.
Page 35
An extension of a dispositional order takes effect on the hearing date unless the court orders otherwise.
All extensions of a dispositional order shall take effect on the dale of the hearing on the extension unless otherwise ordered by the Court.
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
A request to extend an order received during the 30 days immediately before termination may include a request for a temporary 30-day extension to allow time to schedule a hearing.
A request to extend a dispositional order received during the thirty-day period immediately prior to the termination of the order may be accompanied by a request for a temporary thirty-day extension under § 48.365(6) or § 938.365(6) Wisconsin Statutes, in ?rder to schedule a hearing.
Page 36 | 7.12 EXTENSIONS OF DISPOSITIONAL ORDERS
Chambers Communication Rules
The plaintiff must contact the clerk to say whether a writ is needed and, if judgment entry was stayed, whether judgment should be entered; failure to do so may result in dismissal of the eviction portion.
Plaintiff must contact the clerk of court to advise if writ is needed or. if entry of judgment was also stayed, whether judgment should be entered. When judgment is stayed, failure to contact the clerk may result in the eviction portion of the case being dismissed.
Page 15 | 5.04(2) Evictions
Law enforcement must determine that the person cannot be released before contacting the Intake Worker, but may consult with the Intake Worker while making that decision; law enforcement retains the release decision.
When law enforcement is initialing a custody intake, the Intake Worker shall not be contacted until it has been determined that the person cannot be released. It is acceptable for law enforcement to consult with the Intake Worker to make this decision, with the understanding that law enforcement is ultimately responsible for deciding if the person should be released or delivered to an Intake Worker.
Page 25 | 7. JUVENILE COURT RULES
The Clerk of Circuit Court fax machine can be reached at (920) 683-2733.
The telephone number for said fax machine is (920) 683-2733.
Page 5 | 2.02 FACSIMILE TRANSMISSION OF DOCUMENTS
A victim’s insurance company may request the restitution amount from the juvenile court clerk under the cited statute.
The insurance company of a victim shall be entitled to know the amount of restitution a court has ordered be paid on behalf of the victim if a request to the juvenile court clerk is made pursuant to § 938.396(2g)(fm).
Page 36 | 7.13 REQUESTS BY VICTIMS QR INSURANCE COMPANIES OF VICTIMS FOR DISCLOSURE OR YOUR IDENTITY AND POLICE RECORDS