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

CRITICAL

When counsel submits a document to the court for signature, counsel must simultaneously forward a copy to all other counsel and unrepresented parties.

When counsel submits a document to the court for signature, a copy shall be simultaneously forwarded to all other counsel and/or unrepresented parties.

CRITICAL

The hearing notice must include the date and time and be served on the opposing party within the time prescribed by statute or local rule.

Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and/or local rule.

CRITICAL

Applies to

Supporting brief

For a supporting brief on a motion other than summary judgment or dismissal, serve and file it with the clerk, serve and file a copy on opposing counsel, and file a copy with the assigned judge with the notice of motion or at least 10 days before the hearing.

If the movant desires to file a brief in support of a motion other than one for summary judgment or dismissal, the brief shall be served and filed with the Clerk of Courts; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the assigned judge with the notice of motion or at least days 10 days prior to any scheduled hearing date.

CRITICAL

After obtaining a de novo hearing date, the moving party must serve the notice of motion and motion on the other party, any guardian ad litem, and the Child Support Agency when state assistance is involved.

Upon obtaining the de novo hearing date from the court, the moving party shall have the notice of motion and motion served on the other party, guardian ad litem, if any, and the Child Support Agency, if state assistance is involved.

CRITICAL

Applies to

Law enforcement adjournment request

A law enforcement adjournment request must be served on opposing counsel or unrepresented parties when it is forwarded to the presiding judge.

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

Eviction actions require personal or substituted service.

Eviction actions require service by personal or substituted service

CRITICAL

The completed application and proposed order must be served on each judgment creditor described in the application.

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

When a divorce, legal-separation, or annulment action is filed, the clerk must issue the filing party a signed pretrial order, which must be served on the other party with the summons and petition.

At the time of the filing of any action for divorce, legal separation, or annulment, the Clerk of Courts shall issue to the filing party a copy of a pretrial order signed by the judge or court commissioner to whom the case has been assigned. The copy is to be served upon the other party along with the summons and petition in the action.

CRITICAL

Parties are responsible for securing service of their pleadings.

Parties are wholly responsible to secure service of their pleadings.

CRITICAL

Upon demand, the State must disclose its intended trial witnesses and their addresses to the defendant or counsel no later than 30 days before trial, except for rebuttal and impeachment-only witnesses.

Upon demand, the State shall, not later than thirty (30) days prior to trial, disclose to the defendant or his or her attorney a list of all witnesses and their addresses whom the district attorney intends to call at trial. This paragraph does not apply to rebuttal witnesses or those called for impeachment only.

CRITICAL

Replevin actions require personal or substituted service, or certified mail with return receipt requested.

Replevin actions require service by person, substituted or by certified mail with return receipt requested.

CRITICAL

Applies to

Court report

The agency preparing a court report must transmit copies to the attorneys involved and directly to any parents who are not represented by counsel.

The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

CRITICAL

Applies to

Adjournment request

Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing.

Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing.

CRITICAL

Deadline

48 hours

A party petitioning for a temporary hearing must give the other party at least 48 hours' notice before the hearing.

The party petitioning for a temporary hearing shall give the other party at least forty-eight hours notice prior to said hearing.

CRITICAL

Applies to

JD-1716 notice

B. If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the nonattending parent if the address is know immediately at the conclusion of the hearing.

B. If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the nonattending parent if the address is know immediately at the conclusion of the hearing.

CRITICAL

The Division of Community Corrections must mail or deliver the original PSI report to the clerk and a copy to the District Attorney and defense counsel, if any, no later than seven days before sentencing.

Not later than 7 days prior to the scheduled sentencing hearing, the Division of Community Corrections shall mail or deliver the original to the clerk of court's office and mail or deliver a copy of the Pre-Sentence Investigation report the District Attorney and defense counsel, if any.

CRITICAL

Deadline

2 business days

Service

Personal service to opposing party

Personally serve opposition briefs at least two business days before the hearing, or serve them by mail at least three business days before the hearing.

Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.

CRITICAL

The district attorney's office must send copies of the communication to the court to all parties entitled to notice.

The district attorney's office shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

CRITICAL

The party receiving an adjournment must notify opposing counsel and, where appropriate, all parties and witnesses of the new scheduling status.

The party receiving the adjournment shall be solely responsible for notifying opposing counsel and, where appropriate, all parties and witnesses that the hearing, trial, etc., has been adjourned.

CRITICAL

Marked copies of all transcripts must be provided to counsel and the court at least 48 hours before their intended use.

Counsel are to provide marked copies of all transcripts to counsel and the court at least 48 hours prior to their intended use.

CRITICAL

When a claim objection is filed, the personal representative or estate attorney must notify all interested parties of the objection and hearing and schedule a hearing with the Probate Judge.

When an objection to a claim is filed, the personal representative or attorney for the estate shall send a notice of the objection to all interested parties and shall schedule the matter for hearing with the Probate Judge. The personal representative and attorney shall provide notice to all interested parties of the hearing on the objection.

CRITICAL

Service

Mail to opposing party

If personal service was not obtained, the default-judgment motion notice must be mailed to the defendant at the defendant's last known address.

In cases where personal service is not obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant's last known address.

CRITICAL

A default mortgage or land-contract foreclosure requires an open-court hearing by affidavit or testimony, with notice to all defendants at least 10 days beforehand.

No default mortgage/land contract foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants 10 days prior to the hearing.

CRITICAL

The objector must provide proper notice of future proceedings to all interested parties.

It is the responsibility of the objector to provide proper notice to all interested parties of future proceedings.

CRITICAL

Service

Mail

Summonses in small claims actions other than eviction and replevin may be served by mail, but regular mail is limited to Marinette County.

Marinette County by this rule authorizes the service of summons in all small claims actions, except eviction and replevin actions, by mail in lieu of personal or substituted service. Regular mail is limited to Marinette County.

CRITICAL

Service

Mail to all parties

The guardian ad litem must mail the statement to attorneys of record or directly to any unrepresented party.

The guardian ad litem shall mail copies of the statement to the attorneys of record in the matter or directly to any party who is not represented by counsel.

WARNING

If an estate remains open 11 months after the petition is filed, the Register in Probate must send a letter to the personal representative and estate attorney advising that it must be closed.

If any estate is not closed within 11 months of the filing of the petition, the Register in Probate shall send a letter to the personal representative and the attorney for the estate advising them that the estate must be closed.

WARNING

In large-claim civil actions where the defendant was personally served, notice before default judgment is not required, except in mortgage or land contract foreclosures.

Except as to mortgage/land contract foreclosures, notice to defendant is not required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.

INFO

Personal or substituted service outside of the county is acceptable.

Personal or substituted service outside of the county is acceptable.