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

CRITICAL

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.

CRITICAL

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:

CRITICAL

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:

CRITICAL

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.

CRITICAL

Applies to

Default judgment

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.

CRITICAL

Service

Personal service

Contempt proceedings must be served personally.

Contempt proceedings must be personally served.

CRITICAL

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.

CRITICAL

Applies to

Notice of motion for default judgment

Service

Mail to opposing party

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.

CRITICAL

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.

WARNING

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.

WARNING

Applies to

Default judgment

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.

WARNING

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.

WARNING

Applies to

Summons

Service

Mail

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).

WARNING

Applies to

Summons

Service

Mail

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)