Marinette County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Will objection

A person objecting to probate of a will must file a written objection with the Register in Probate and pay the required fees.

Any person who objects to the probate of a will must file their objection in writing with the Register in Probate and pay the required fees.

CRITICAL

Applies to

Preliminary exam waiver

A preliminary examination may be waived using the Waiver of Right to Preliminary Examination form, which must include the defendant’s signature and date and the attorney’s acknowledgment and date.

Parties may waive Preliminary Examinations by signing a Waiver of Right to Preliminary Examination form. This shall require the signature of the defendant and the date as well as the attorney’s acknowledgment and the date. A copy of the current form is attached as “Waiver Form”.

CRITICAL

Applies to

Annual report

A guardian, conservator, or trustee must complete and file the annual report with the Register in Probate together with verification of all assets.

It is the responsibility of the guardian, conservator or trustee to complete the report and file it in the office of the Register in Probate together with the verification of all assets.

CRITICAL

Applies to

Consent to act

Appointed attorneys must promptly sign the consent to act and familiarize themselves with the file.

When an attorney is appointed by the court as a guardian ad litem or to represent an individual(s) in a Family, Probate, Guardianship or Juvenile matter, the attorney shall promptly sign the consent to act and familiarize himself/herself with the file.

CRITICAL

Applies to

Consent decree

A consent decree resolving a plea negotiation must be written, fully signed by all parties, and presented to the court before the plea-negotiation deadline.

3. If a plea negotiation involves a Consent Decree, the consent decree must be reduced to writing, completely signed by all parties, and presented to the court prior to the deadline for plea negotiations.

CRITICAL

Applies to

Petition for determination of status delinquency

A delinquency proceeding following a reverse waiver from an adult court with original jurisdiction must be commenced by filing a Petition for Determination of Status - delinquency.

All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for Determination of Status - delinquency.

CRITICAL

Applies to

Law enforcement adjournment request

A law enforcement adjournment request must contain the prosecuting attorney’s written approval.

All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.

CRITICAL

Applies to

Preliminary exam waiver

An out-of-custody defendant who chooses to file a written waiver instead of having a hearing must follow the same procedures as an in-custody defendant.

Out of custody defendants shall follow the same procedures as in custody defendants, if they choose to file a written waiver in lieu of a hearing.

CRITICAL

Applies to

Disposition advisement

At disposition, the attorney must advise the court whether the attorney was appointed, the bill amount, and whether any payments have been made.

At the time of disposition, it will be the obligation of the attorney to advise the court whether he/she was appointed; the amount of the billing and whether or not any payments have been made on the bill.

CRITICAL

Applies to

Judgment

Proof of damages is required when damages are unliquidated; the court may determine the amount at a hearing or by considering affidavits.

In actions where damages are not liquidated, the court shall require proof in order to determine the amount of the judgment. The court may order a hearing or consider affidavits to determine the amount of the judgment in any case.

CRITICAL

Applies to

Temporary physical custody request

The temporary physical custody request must be completed as part of determining the secure-custody placement location.

Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request.

CRITICAL

Applies to

Bail modification motion

A bail-modification motion will not be set for hearing unless it contains an attorney certification that the defendant lacked counsel when bail was set or that circumstances materially changed to justify changing bail.

Motions for modification of bail will not be scheduled for a hearing unless the motion contains: 1. A certification by the attorney that the defendant was not represented by counsel at the time that the bail was set; or 2. that there has been a material change in circumstances that would justify a change in the bail.

CRITICAL

Applies to

Temporary physical custody request

Before contacting intake, the referring agency must make a reasonable, articulated decision that the person could be held and complete the Temporary Physical Custody Request.

Intake shall not be contacted until the referring agency has made a reasonable, articulated decision that a person could be held. The referral agency shall be required to complete the Temporary Physical Custody Request.

CRITICAL

Applies to

Final bill

Appointed counsel must submit a final bill to the court and defendant.

The attorney shall submit to the court and defendant his/her final bill within 90 days of completion of the case or the attorney’s representation of the defendant.

CRITICAL

Applies to

Summons

In covered residential foreclosure actions filed on or after December 1, 2012, the plaintiff must attach both listed mediation forms to the front of the summons served on the defendant or mortgagor.

Pursuant to the Amended Order in 13 GF 8, in all residential (1-4 family) foreclosure actions filed on or after the effective date of December 1, 2012, the plaintiff shall attach to the front of the summons served the defendant/mortgagor the attached forms: 1. Notice of Availability of Mediation, and 2. Mediation Request Form

CRITICAL

Applies to

Stipulation

A stipulation requiring maintenance, child support, or family support payments must also require payment of the annual receiving and disbursing fee.

Any stipulation between parties under which a party is to make maintenance payments, child support or family support payments shall include the requirement to make the annual receiving and disbursing fee.

CRITICAL

Applies to

Fee approval petition

A guardian, conservator, or trustee must petition the court for approval of fees.

The guardian, conservator or trustee shall petition the court for approval of fees.

CRITICAL

Applies to

Affidavit

The judgment debtor must file an affidavit showing that each judgment creditor identified in the application was served with the completed application and proposed order.

The judgment debtor shall also file an affidavit showing that the debtor has served a copy of the completed application and the proposed order on each judgment creditor described in the application.

CRITICAL

Applies to

JD-1716 notice

The intake worker must file the signed JD-1716 in the worker’s file; if it is unsigned, the worker must file a copy noting to whom and when notice was provided.

B. If signed, the signed copy of JD-1716 shall be filed in juvenile intake worker's file. If the child/juvenile or parent(s) did not sign, the juvenile intake worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Facsimile document

For a facsimile transmission exceeding 15 pages, the party or attorney must certify that the assigned judge or court commissioner approved it.

If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.

CRITICAL

Applies to

Disposition

At disposition, counsel must tell the court whether counsel was appointed, the bill amount, and whether the defendant made payments.

At the time of disposition, it will be the obligation of the attorney to advise the court whether he/she was appointed; the amount of the billing and whether or not the defendant has made any payments on the bill.

CRITICAL

Applies to

Stipulation to suspend proceedings

Stipulations seeking to suspend divorce proceedings for reconciliation must use the specified form available from the Clerk of Court Office.

All stipulations for orders to suspend proceedings in divorce actions to attempt reconciliation shall be submitted in the form as set forth as Stipulation and Order to Suspend Proceedings or Reconciliation form which is available in the Clerk of Court Office.

CRITICAL

Applies to

Pre sentence investigation report

Defense counsel, the District Attorney, and the defendant must review the PSI report before the scheduled sentencing time.

Defense counsel, District Attorney and defendant shall have reviewed the PSI report prior to the time scheduled for sentencing.

CRITICAL

Applies to

Order appointing attorney

Appointed counsel must promptly submit an appointment order with the terms of the appointment to the appointing judge for signature.

When an attorney is appointed by the court to represent a defendant, the attorney shall promptly prepare and forward to the appointing judge for signature, an order appointing the attorney in the matter, together with all other pertinent terms of the appointment.

CRITICAL

Applies to

De novo review request

A request for de novo review must be made in writing.

Unless a different time limit is provided by statute, any request for a de novo review of the circuit court commissioner’s decision pursuant to Wis. Stat. §757.69(8), must be made in writing and filed with the Marinette County Clerk of Court within 30 days of the commissioner’s decision.

CRITICAL

Applies to

Notice of retainer

Attorneys must file a notice of retainer in every family and paternity case.

Attorneys are to file a notice of retainer in all family and paternity cases.

CRITICAL

Applies to

Deferred judgment agreement

The defendant, defense attorney, and supervising coordinator must sign and initial every page of the Deferred Judgment Agreement, acknowledging review and the consequences of a violation.

The Defendant, the Defendant’s attorney and the supervising coordinator will sign the agreement and, in addition, will initial each page of the agreement acknowledging that by signing and initialing that the Defendant, the Defendant’s attorney and a coordinator have gone over the agreement in detail and that the Defendant understands that the violation of any term of the agreement will constitute a breach and that the Court, after determining at a hearing that the violation occurred, shall enter Judgment of Conviction in the deferred count(s) and proceed to sentencing.

CRITICAL

Applies to

Admission questionnaire

In a delinquency action, an admission questionnaire must be completed before any plea is accepted.

In a delinquency action, an admission questionnaire must be completed prior to the acceptance of any pleas.

CRITICAL

Applies to

Plea questionnaire

Plea questionnaires must be completed before any scheduled proceeding begins.

Plea Questionnaires shall be completed prior to the commencement of any scheduled proceedings [Plea Questionnaire available in Clerk of Court Office].

CRITICAL

Applies to

Intake inquiry notice

At the start of an intake inquiry, the intake worker must advise the child or juvenile and parents of their rights, obligations, and possible disclosures; the worker may use form JD-1716, and signatures are not required for notice to be proper.

A. At the commencement of the intake inquiry, the juvenile intake worker shall advise the child/juvenile and parents of their rights, obligations and possible disclosures. The juvenile intake worker may do so by providing the child/juvenile and parent(s) who attend with the printed form JD-1716. Notice is considered properly given whether or not the recipients sign the signature block on the form.

CRITICAL

Applies to

Order request

Must include

proposed order

A party seeking an Order, whether it be by Petition, Motion or other ways, shall electronically file the same and simultaneously shall electronically file a Proposed Order in conformance with that motion. No party should expect the Court to review any such requests that is not accompanied by the Proposed Order.

A party seeking an Order, whether it be by Petition, Motion or other ways, shall electronically file the same and simultaneously shall electronically file a Proposed Order in conformance with that motion. No party should expect the Court to review any such requests that is not accompanied by the Proposed Order.

CRITICAL

Applies to

Court report

Court reports when required shall be completed and filed with the court not less than 72 hours before the scheduled dispositional hearing.

Court reports when required shall be completed and filed with the court not less than 72 hours before the scheduled dispositional hearing.

CRITICAL

Applies to

Petition for waiver of fees costs

A party seeking an indigency waiver in a non-felony and non-misdemeanor action must complete a Petition for Waiver of Fees/Costs, Affidavit of Indigency, and Order for court review.

In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition for Waiver of Fees/Costs, Affidavit of Indigency and Order must be completed for review by the court.

CRITICAL

Applies to

Custody hearing notice

At the start of a custody hearing, the court must advise the child or juvenile and parents of their rights, obligations, and possible disclosures; it may use form JD-1716, and signatures are not required for notice to be proper.

A. At the commencement of the custody hearing, the court shall advise the child/juvenile and parent(s) of their rights, obligations and possible disclosures. The court may do so by providing the child/juvenile and parent(s) who attend with the printed form JD-1716. Notice is considered properly given whether or not the recipients sign the signature block on the form.

CRITICAL

Applies to

Motion

Motions must state specific grounds and a factual basis; general constitutional-rights assertions are insufficient, and a nonspecific motion may be denied with notice and leave to renew timely.

All motions must state with specificity the grounds and factual basis therefore. General assertions of violations of Constitutional rights will not be considered specific. Such non‑specific motions may be denied sua sponte by the assigned judge with notice to the parties of such denial and leave to renew the motions in a timely manner.

CRITICAL

Applies to

Temporary hearing submission

At temporary hearings, both parties must bring 12 weeks of wage statements, financial disclosures signed under oath, and the prior two years of state and federal tax returns in their possession or control.

At temporary hearings both parties shall bring wage statements from their respective employers for a period of twelve weeks prior to the hearing date, financial disclosure statements signed under oath, and copies of state and federal income tax returns for the two prior years in the possession or control of each party.

CRITICAL

Applies to

Facsimile filing

When relying on the approval alternative for a noncourt fax transmission, the party or attorney must certify it.

If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.

CRITICAL

Applies to

Enforcement motion

Before obtaining a hearing date and time to enforce a divorce judgment or temporary family-court-commissioner order, the party must file an Order to Show Cause or other appropriate motion and pay the required fee.

Prior to obtaining a date and time from the court, any party seeking to enforce a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Courts an Order to Show Cause or other appropriate motion and pay such fee as required.

CRITICAL

Applies to

Final bill

The attorney must submit the final bill to the court, opposing counsel if appropriate, and the client or other responsible party within 90 days of completion of the case or representation.

The attorney shall submit to the court, opposing counsel (if appropriate) and the client(s) or other responsible party(ies) his/her final bill within 90 days of completion of the case or the attorney’s representation.

CRITICAL

Applies to

Stipulation and order

The stipulation and order must state the date for reporting the reconciliation's status and request dismissal or resumption of the divorce proceedings.

The stipulation and order referred to in Rule 1203 shall indicate the date by which the parties must report to the court the status of the reconciliation together with the request for dismissal of the divorce action or a resumption of proceedings.

CRITICAL

Applies to

Pleading

All pleadings filed with the court must include both the State Bar Code and the appropriate case classification.

Parties are to include both the State Bar Code and the appropriate case classification on all pleadings filed with the court.

CRITICAL

Applies to

Sealed material

The exterior of sealed expunction materials must state “Sealed: not to be opened except upon express order of the court” and must not identify the contents as expunged materials.

C. The exterior of the sealed material shall simply state "Sealed: not to be opened except upon express order of the court." No reference shall be made that the contents are "expunged" materials.

CRITICAL

Applies to

Guardian ad litem statement

A guardian ad litem's statement for services must itemize time spent and expenses incurred.

The statement for services shall include an itemization of time spent and expenses incurred.

CRITICAL

Applies to

Intake referral

Intake referrals under the cited statutes must be submitted in writing using one of the two specified referral forms.

All intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral--Juvenile, Law Enforcement form or the Court Referral--Juvenile, Non-law Enforcement form.

CRITICAL

Applies to

Bankruptcy judgment removal application

Must include

proposed order

A judgment debtor seeking removal of a judgment from the docket because of bankruptcy must file a verified petition, proposed order, and certified discharge.

Any judgment debtor who applies to have a judgment removed from the docket because of bankruptcy shall file a verified petition and proposed order together with a certified copy of the discharge in bankruptcy.

CRITICAL

Applies to

Court filing

Must include

caption, case number

Court papers must be on substantial paper, contain the assigned case number, and identify the assigned circuit court branch in the caption.

All papers, pleadings, motions, etc., shall be on substantial paper, contain the case number assigned and designate in the caption, the branch of circuit court assigned to the case.

CRITICAL

Applies to

JD-1716 notice

The signed JD-1716 must be filed in the court file; if it is unsigned, the clerk must file a copy noting to whom and when notice was provided.

C. If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile court clerk shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Medical and genetic reports

The parent whose rights are being terminated must complete all necessary medical and genetic reports and file them with the juvenile court clerk before the hearing.

The parent whose rights are being terminated shall complete all necessary medical and genetic reports and file them with the clerk of juvenile court prior to the hearing.

CRITICAL

Applies to

Written answer

A defendant who fails to appear on the return date or to file and serve a written answer under Rule 902 faces default judgment.

If the defendant fails to appear on the return date or fails to file and serve a written answer pursuant to Rule 902, a default judgment will be entered according to the demands of the complaint.

CRITICAL

Applies to

Subsequent written order

A subsequent written order must state the annual receiving and disbursing fee requirement and its amount for every party ordered to pay it.

Every party ordered to make payments of an annual receiving and disbursing fee shall be notified of the requirement to pay the fee and the amount of the fee by including the provisions concerning the fee in any subsequent written order.