Manitowoc County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Rights obligations notice form

At the start of an intake inquiry, the Intake Worker must advise attending youth and parents of their rights, obligations, and possible disclosures by providing the appropriate form; notice is valid whether or not they sign it.

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.

CRITICAL

Applies to

Discovery statement

The requesting party must state in writing that intended discovery is complete or that the party has filed a motion to compel outstanding discovery.

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

CRITICAL

Applies to

Statement of defenses

A defendant seeking to contest must file a written Statement of Defenses, except as otherwise provided for evictions and related damages claims.

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.

CRITICAL

Applies to

Request for Temporary Physical Custody (TPC) form

When law enforcement initiates custody, the officer must complete the Request for Temporary Physical Custody form before delivering the person to the Intake Worker.

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.

CRITICAL

Applies to

Notice of termination of representation

At the close of a case, an attorney must notify the Clerk in writing or by e-filing that the attorney no longer represents the client.

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.

CRITICAL

The juvenile court clerk must provide the appropriate information-request forms upon request.

The juvenile court clerk shall make available upon request the appropriate forms for requesting such information.

CRITICAL

Applies to

Rights obligations notice 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.

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.

CRITICAL

No copies of a youth’s court records may be made or provided to a person requesting access.

No copies of any court records shall be made or provided to anj person requesting access to the records of a youth.

CRITICAL

Applies to

Final stipulated hearing submission

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.

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.

CRITICAL

Applies to

Court report

Court reports must include the information specified in § 938.33 or § 48.33 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.

CRITICAL

Applies to

Rent and damages list

The rent and damages list must state the date the notice was mailed to the defendant or defendants.

This list must also state the date the notice was mailed to the defendant(s).

CRITICAL

Applies to

Deficiency notice

Within 5 business days after receiving the homeowner’s initial information, the lender must notify the Program Administrator of known deficiencies.

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.

CRITICAL

Applies to

Attorney withdrawal

An attorney withdrawing from a case must submit to the Clerk, in writing or by e-filing, either a stipulation and order to withdraw or an order for substitution.

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;

CRITICAL

Applies to

Statement of defenses

The defendant must file a written Statement of Defenses to contest in person.

appealing in person to contest, the defendant shall Ilie the written Statement of Defenses as set forth iq Rule 5 03.

CRITICAL

Applies to

Notice of retainer

An attorney appearing in a case must file a notice of retainer with the Clerk of Court, in writing or by e-filing.

An attorney appearing In any case shall file a notice of retainer, in writing or by e­filing. with the Clerk of Court;

CRITICAL

Applies to

Transcript

For review on the record, the moving party must take the necessary steps to file the commissioner-hearing transcript with the circuit court before the review hearing.

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.

CRITICAL

Applies to

Financial disclosure statement

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.

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.

CRITICAL

Applies to

Parenting plan

The opposing party must file a Parenting Plan if child custody or placement is disputed.

If child custody or placement is in dispute, the opposing party must file a Parenting Plan.

CRITICAL

Applies to

Rights obligations notice form

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.

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.

CRITICAL

Applies to

Financial disclosure statement

The opposing party must file a Financial Disclosure Statement in the previously described form.

(a) Financial Disclosure Statement. The opposing party must file a Financial Disclosure Statement in the form described above.

CRITICAL

Applies to

Summons and complaint

For the specified residential mortgage foreclosure actions filed as of February 1, 2013, the plaintiff must attach copies of both prescribed mediation forms to the Summons and Complaint served on the other parties.

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

CRITICAL

Applies to

Order or notice

An attorney remains attorney of record until the order or notice required under subsection B or C is filed.

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.

CRITICAL

For requests described in paragraphs 3 through 5, the judge makes the final order on release, and the juvenile clerk must prepare and present the order to the judge.

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.

CRITICAL

Applies to

Affidavit

A plaintiff seeking a bench warrant in the stated circumstances must submit a clerk-supplied affidavit containing the specified debtor information and attestations.

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.

CRITICAL

Applies to

Supplemental information or documents

The homeowner must submit supplemental information or documents within 10 days after the lender’s deficiency notification.

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.

CRITICAL

Applies to

Statement of issues

Before a divorce pretrial is scheduled, the requesting party must file a statement identifying disputed and undisputed issues and stating both sides' positions on disputed items; a Parenting Plan must also be filed if custody or placement is disputed.

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.

CRITICAL

Applies to

Written notice

When the Intake Worker dispenses with an intake inquiry for the stated reason, the worker must notify the youth or child and parents of their rights in writing.

In such cases the Intake Worker must notify the youth/child and parents of their rights under Chapter 48 and 938 in writing.

CRITICAL

Applies to

Discovery statement

(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.

(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.

CRITICAL

Applies to

Statement of issues

(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.

(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.

CRITICAL

Applies to

Motion for review

A motion for review must identify the decision, order, or ruling being reviewed and state whether the requested hearing is de novo or on the record.

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.

CRITICAL

Applies to

Final mediation report

The Program Administrator must send the Court a final Mediation Report within 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.

CRITICAL

Applies to

Plaintiff filings

Plaintiffs generally need not attend the return date but must file the Declaration of Non-Military Service and, for service other than mail through the Clerk of Court under Rule 5.01, proof of service; the court may allow a grace period before dismissal.

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.

WARNING

Applies to

Order for examination or assessment

When there is probable cause and reason to doubt competency, the court must order an examination and complete form JD* 1732j.

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.

WARNING

Applies to

Financial package

The homeowner must contact a housing counselor to arrange a meeting and compile a complete financial package, which the counselor sends directly to the Program Administrator.

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.

WARNING

Applies to

Reexamination report

Each reexamination report must indicate which of the listed competency findings applies.

Reexamination reports shall indicate one of the following:

WARNING

Applies to

Exhibit disposition form

If the parties stipulate to exhibit disposition as requested, they must sign the clerk-provided form and arrange for disposition of the exhibits.

If parlies stipulate as requested, they shall sign a form provided by the clerk and make arrangements for appropriate disposition of the exhibits.

WARNING

Applies to

Mediation request

Either party may request mediation, but a homeowner must use the Mediation Request Form to do so.

To initiate Ihe mediation process, either party may make a request. The homeowner's request must utilize ihe "Mediation Request Form."

INFO

A requester may move the court if the requester believes information was improperly blocked.

The requester may bring a motion to the court if the requester believes the ihformation should not have been blocked.

INFO

Applies to

Dispositional order

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.

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

INFO

A requester may move the court if the requester believes information was improperly blocked.

The requester may bring a motion to the court if the requester believes the information should not have been blocked.