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

CRITICAL

Applies to

Subpoena

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":

CRITICAL

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.

CRITICAL

Applies to

Summons

Service

Mail

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.

CRITICAL

Applies to

Third party summons and complaint

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Petition

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.

CRITICAL

Applies to

Court report

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.

CRITICAL

Applies to

Court report

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.

CRITICAL

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.

CRITICAL

Applies to

Summons

Service

Personal service

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.

CRITICAL

Applies to

Hearing notice

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

10 business days

Applies to

Statement of defenses

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.