Marquette County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Clerk
Phone
Chambers
Page & Word Limits3 rules
No documents or combination of documents exceeding 15 pages shall be filed by facsimile unless the assigned Judge or Court Commissioner (on a case-by-case basis) grants an exception,
- Page limit
- Up to 15 pages
Briefs on all motions shall be no more than four, double-spaced pages.
- Brief
- Up to 4 pages
- Format
- Double-spaced
- All motions
900.3 No person may attach more than 10 pages to any Petition for a Restraining Order.
- Petition for restraining order attachments
- Up to 10 pages
Document Format Requirements2 rules
All pleadings shall be in writing.
Formatting
- •All pleadings shall be in writing
All papers filed with the Clerk of Court shall be on 8.5 X 11 inch paper, except for Court Exhibits and Wills.
- Paper size
- Letter
Formatting
- •Court Exhibits and Wills are excepted from the paper-size requirement
Document Filing Requirements16 rules
A party filing a document by facsimile must not file the original and must keep it until the case concludes, including applicable appeal periods or an actual appeal.
Court's wording
The party submitting a document by facsimile transmission shall NOT submit the original document for filing, but shall maintain the original document in the party's possession until conclusion of the case (including through expiration of the time for appeal and/or actual time of appeal).
(a) The parties may file motions for summary judgment. The movant's brief and affidavit(s) shall be filed with the motion.
It is the party's responsibility to schedule the motion with the court prior to the filing of the motion-the hearing date shall be inserted in the motion documents prior to filing.
The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.
A motion in limine must include necessary background facts and cite the governing legal proposition and supporting authorities.
Court's wording
The motion shall include a brief statement of the facts necessary to an understanding of the motion and shall cite the proposition of law with a citation to the authorities (statutes or case citations) in support of the relief requested.
Each party shall bring sufficient copies of the party's exhibits so that copies are available for the witness, the Court and opposing party (ies).
Special instructions submitted must contain citations to the applicable law.
The Court shall be infonned of all agreed facts and issues in writing prior to trial.
WCJ instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form.
The UW-Extension office shall file with the court, a certificate has failed to contact their office within 30 days of receipt of notice of these rules. The Clerk of Court of attendance for each parent that completes the class as well as a report identifying any parent who
by filing an AFFIDAVIT OF INDIGENCY
Include
- •AFFIDAVIT OF INDIGENCY
Within 60 days after case closure, the attorney must submit a detailed statement to the court and interested parties containing the listed billing information.
Court's wording
No later than sixty (60) days from the date of case closure, the attorney shall submit a detailed statement to the court and to all interested parties containing (at a minimum) the following information: • The court case number and party name • The date on which work was performed • A detailed description of the work performed • The amount of time spent on each item of work in increments of one-tenth hour (no appointed attorney shall have minimum billing increments greater than one-tenth of an hour). • A summary of the total amount of time spent on the matter for that month • An itemized listing of costs and expensed incurred on the matter and date incurred • A statement of payments received and/or credits applied during the month • Total amount currently due and past due • Amount owed by each party (for example in GAL family law appointments) • Trust balance, if any
Unless appearance is waived, the guardian ad litem shall appear at the final hearing and shall provide a final statement of fees within 60 days.
Pattern instructions may be requested by number. Pattern instructions containing alternative paragraphs to be selected or blanks to be filled in must be submitted in final form.
• Proposed instructions and verdict form.
WCJI instructions may be requested by number only.
Filing & Service rules
Electronic Filing Rules
Facsimile filing is permitted but should be minimized, used only for time constraints or special circumstances, and not substituted for timely filing of originals.
Limited filing of documents with the Clerk of Circuit Court pursuant to Sec. 801.16, Stats., through the use of the plain-paper facsimile machine is permitted under these local rules. Facsimile filing shall be kept to a minimum and utilized only when necessitated by time constraints or other special circumstances. It shall not be used as a substitute for the timely filing of original documents.
Page 3 | 301 Fax Rule
Only documents that require no filing fee and incur no additional Clerk charge may be filed by facsimile.
Only documents that do not require a filing fee may be filed by facsimile transmission. Documents may be transmitted under the authority of this rule if no additional fee or charge must be paid to the Clerk of Circuit Court for accepting or receiving the facsimile document.
Page 3 | 301-A Limitation
Documents filed under this rule may only be transmitted to the following numbers: Clerk of Circuit Clerk for Probate, Juvenile, Guardianship, Adoption or Emergency Detention matters, Papers filed Court - 608-297-9107 for Family, Civil, Small Claims, Criminal or Traffic matters,
Documents filed under this rule may only be transmitted to the following numbers: Clerk of Circuit Clerk for Probate, Juvenile, Guardianship, Adoption or Emergency Detention matters, Papers filed Court - 608-297-9107 for Family, Civil, Small Claims, Criminal or Traffic matters,
Page 3 | 301-B Facsimile Numbers/Time of Filing
Filing Timing and Cure Windows
The transmitting party is responsible for timely, complete receipt, and the Court, Judge, or Clerk is not responsible for periods when the court's facsimile machine is not operational.
The Circuit Court, Judge or Clerk is not responsible for periods when a circuit The party transmitting the facsimile document is solely responsible for ensuring its timely and court facsimile machine is not operational for any reason
Page 4 | 301-C Party's Responsibility
The movant must file the motion and supporting documents at least 15 days before the hearing.
(a) The movant shall file with the Clerk of Court and serve upon all other parties the motion and all supporting documents at least 15 days before the hearing.
Page 5 | 402 Motion Filing Procedure (non-summary judgment motions)
The party must schedule the motion hearing before filing the motion.
It is the party's responsibility to schedule the motion with the court prior to the filing of the motion-the hearing date shall be inserted in the motion documents prior to filing.
Page 5 | 401 Motions - Scheduling Procedure
The opposing party must file a written response with citations of authorities at least 7 days before the hearing.
(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.
Page 5 | 402 Motion Filing Procedure (non-summary judgment motions)
The defendant must request a hearing in writing within 10 days of the notice to avoid entry of default judgment under the stated procedure.
The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.
Page 6 | 404 Large Claim Civil Default Judgments
The parties must file and serve the materials specified by the rule at least 15 days before the final pretrial conference.
Not less than 15 days prior to the final pretrial conference, the parties shall file and serve the following:
Page 6 | 406-B
The response brief and affidavit(s) shall be filed within 30 days after the filing of the motion
The response brief and affidavit(s) shall be filed within 30 days after the filing of the motion
Page 6 | 403-A Timing/Briefing Schedule
The rebuttal brief must be filed within 15 days after the response brief is filed.
the rebuttal brief shall be filed within 15 days after the filing of the response brief.
Page 6 | 403-A Timing/Briefing Schedule
The parties must notify the Court of their intent to resolve the case by agreement at least ten calendar days before trial, including weekends and Clerk's Office closure days.
The deadline for the parties to notify the court of their intent to enter an agreement resolving the case is ten calendar days (including Saturdays, Sundays and days on which the Clerk of Court's office is closed) before the date set for trial.
Page 7 | 407-B Stipulations/Resolution of Cases
Proposed jury instructions and verdicts shall be filed with the court no later than three days before
Proposed jury instructions and verdicts shall be filed with the court no later than three days before
Page 8 | 502 Jury Instructions/Verdicts
A defendant or attorney may file an Answer, Counterclaim, or Affirmative Defense by the return date, or claim it orally at the return date and file within 10 calendar days afterward.
A defendant, or their attorney, may file and Answer, Counterclaim or Affirmative Defense with the Clerk of Court and opposing party at or before the retur date, or, if appearing at the return date in person and orally claimed, within 10 calendar days of the return date.
Page 9 | 601 Pleadings
A request to waive or reduce the mediation deposit must be filed within 10 days after receipt of the mediation order.
This request for waiver/reduction must be filed within 10 days of receipt of the order for mediation.
Page 9 | 700.2
The attorney must submit the detailed billing statement no later than 60 days after case closure.
No later than sixty (60) days from the date of case closure, the attorney shall submit a detailed statement to the court and to all interested parties containing (at a minimum) the following information:
Page 10 | 800 Billing Practices
Unless appearance is waived, the guardian ad litem shall appear at the final hearing and shall provide a final statement of fees within 60 days.
Unless appearance is waived, the guardian ad litem shall appear at the final hearing and shall provide a final statement of fees within 60 days.
Page 10 | 700.4
The movant may file a written rebuttal with citations of authorities at least 3 days before the hearing.
(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.
Page 5 | 402 Motion Filing Procedure (non-summary judgment motions)
Any party may request a hearing before 10 days have elapsed after the response brief is filed.
A hearing date may be set if requested by any party at any time prior to 10 days after the filing of the response brief.
Page 6 | 403-A Timing/Briefing Schedule
Not less than 5 days prior to the final pretrial conference, the parties may file and serve a response to the foregoing submittals.
Not less than 5 days prior to the final pretrial conference, the parties may file and serve a response to the foregoing submittals.
Page 7 | Final Pretrial Conference
The Clerk of Court or Register in Probate shall return papers that do not conform to § 200.1.
900.2 The Clerk of Court or Register in Probate shall return any paper not in conformity with § 200.1 to the person or party attempting to file it.
Page 11 | 900
Service and Proof of Service Rules
The movant must serve the motion and supporting documents on all other parties at least 15 days before the hearing.
(a) The movant shall file with the Clerk of Court and serve upon all other parties the motion and all supporting documents at least 15 days before the hearing.
Page 5 | 402 Motion Filing Procedure (non-summary judgment motions)
A party that effects service must file proof of service within 20 days after service.
All parties effectuating service shall file Proof of Service within 20 days after service is accomplished on a party.
Page 5 | 400 Joinder of issue
The opposing party must serve the written response with citations of authorities on all other parties at least 7 days before the hearing.
(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.
Page 5 | 402 Motion Filing Procedure (non-summary judgment motions)
The parties must serve the materials specified by the rule at least 15 days before the final pretrial conference.
Not less than 15 days prior to the final pretrial conference, the parties shall file and serve the following:
Page 6 | 406-B
Foreclosure default judgments must be scheduled for an open-court hearing, with notice given to all defendants at least 7 days beforehand.
All default judgments in foreclosure proceedings shall be scheduled for a hearing in open court, due notice of which shall have been given to all defendants at least 7 days before the hearing.
Page 6 | 405 Foreclosure Proceedings
The text appears to require mailing notice of a default-judgment motion to the defendant's last known address and filing the notice and an affidavit of service with the court; the source wording is damaged.
In cases where personal service was not obtained upon the defendant (i.e., substitute or published defendant shall be given to defendant by regular mail at defendant's last known address and filed service), notice of motion for default judgment and an affidavit of service of the notice upon the with the court.
Page 6 | 404 Large Claim Civil Default Judgments
Contempt proceedings must be served personally.
Contempt proceedings must be personally served.
Page 8 | 600 Service of Summons
A defendant, or their attorney, may file and Answer, Counterclaim or Affirmative Defense with the Clerk of Court and opposing party at or before the retur date, or, if appearing at the return date in person and orally claimed, within 10 calendar days of the return date.
A defendant, or their attorney, may file and Answer, Counterclaim or Affirmative Defense with the Clerk of Court and opposing party at or before the retur date, or, if appearing at the return date in person and orally claimed, within 10 calendar days of the return date.
Page 9 | 601 Pleadings
The detailed billing statement must be submitted to the court and all interested parties.
No later than sixty (60) days from the date of case closure, the attorney shall submit a detailed statement to the court and to all interested parties containing (at a minimum) the following information:
Page 10 | 800 Billing Practices
If the movant files a written rebuttal, it may be served on all other parties at least 3 days before the hearing.
(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.
Page 5 | 402 Motion Filing Procedure (non-summary judgment motions)
In large-claim civil actions where the defendant was personally served, notice before entry of default judgment is not required, except in mortgage foreclosures.
Except as to mortgage foreclosures, no notice to defendant is required before entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.
Page 6 | 404 Large Claim Civil Default Judgments
Not less than 5 days prior to the final pretrial conference, the parties may file and serve a response to the foregoing submittals.
Not less than 5 days prior to the final pretrial conference, the parties may file and serve a response to the foregoing submittals.
Page 7 | Final Pretrial Conference
in eviction proceedings by certified mail as allowed under Wis. Stat. 799.12(3).
in eviction proceedings by certified mail as allowed under Wis. Stat. 799.12(3).
Page 8 | 600 Service of Summons
The Court authorizes service by mail, as allowed under Wis. Stat. 799.12(2)
The Court authorizes service by mail, as allowed under Wis. Stat. 799.12(2)
Page 8 | 600 Service of Summons
Filing Fees and Waivers
When a petitioner seeks a filing-fee waiver due to indigency, the Judge determines indigency.
If the petitioner seeks to have the filing fees waived due to indigency, the Judge shall determine the question of indigency.
Page 8 | 409 Harassment Restraining Orders and Injunctions
Adjournment & Extension Requirements
A stipulated trial continuance requires the attorneys' and named parties' consent, in writing or on the record, and good cause.
All stipulated requests for continuance of trial date shall require the consent of the attorneys and the named parties in writing or on the record and must be for good cause shown.
Page 7 | 408 Continuance of Trial Date
All trial-continuance requests require Court approval.
All requests for continuance are subject to the approval of the Court.
Page 8 | 408 Continuance of Trial Date
Any other trial-continuance request must be made by motion and supported by good cause shown by the party or the party's written consent.
All other requests for continuance must be made by motion and for good cause shown by the party or with the party's written consent.
Page 8 | 408 Continuance of Trial Date
A criminal trial-continuance request requires the named parties' consent and good cause.
Requests for a continuance of trial date shall require the consent of the named parties, and must be for good cause shown.
Page 8 | 500 Continuances
If consent cannot be obtained for a criminal trial continuance, the party must seek it by motion and hearing and show good cause.
If consent cannot be obtained for a continuance, then it must be on motion and hearing with good cause shown by the party.
Page 8 | 500 Continuances
Chambers Communication Rules
The Rules of Civil and Criminal procedure that permit the use of telephone or electronic means of communication in certain specified proceedings are adopted in full, Parties are encouraged to utilize the procedures in the manner specified by Sec. 807.13 and Sec. 967.08 Wisconsin Statutes. Where practical, the Court and all interested parties shall be informed of a party's intent to utilize such procedures at least 48 hours before the scheduled proceeding. Parties using these procedures shall be responsible for ensuring that all interested parties are available at the time of the scheduled proceeding and for all communication costs.
The Rules of Civil and Criminal procedure that permit the use of telephone or electronic means of communication in certain specified proceedings are adopted in full, Parties are encouraged to utilize the procedures in the manner specified by Sec. 807.13 and Sec. 967.08 Wisconsin Statutes. Where practical, the Court and all interested parties shall be informed of a party's intent to utilize such procedures at least 48 hours before the scheduled proceeding. Parties using these procedures shall be responsible for ensuring that all interested parties are available at the time of the scheduled proceeding and for all communication costs.
Page 3 | 300 Telephone Proceedings
To schedule a motion filed only with the Clerk, the party must request a date and time from the court by phone or in writing; the scheduling number is 608-297-3009.
The scheduling number is 608-297-3009. A motion filed only with the Clerk of Court will not be scheduled until a specific request by phone or in writing is made of the court for a date and time.
Page 5 | 401 Motions - Scheduling Procedure
For help determining where to file, call the Clerk of Court at 608-297-3005 or the Register-in-Probate at 608-297-3009.
If you need assistance with where to file, please call the Clerk of Court - 608-297-3005 or the Register-in-Probate - 608-297-3009.
Page 4 | 302 Filing Documents