Oneida County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements2 rules
If the plaintiff requests an opportunity to file an amended complaint seeking damages above and beyond those stated in the original complaint, the plaintiff shall file an amended complaint setting forth an itemized listing of the requested damages within 30 days of being restored to the subject premises.
If Plaintiff initially sought a deficiency judgment in the replevin action, Plaintiff must file a motion requesting confirmation of the sale or other disposition and entry of a monetary judgment.
Court's wording
(5) Post Judgment for Consumer Replevins under Wis. Stat. § 425.205: If the plaintiff is successful on Plaintiff’s replevin claim, Plaintiff may: (a) File a subsequent action for money judgment for a deficiency. (b) If Plaintiff initially sought a deficiency judgment as part of the original replevin action, Plaintiff must file a motion pursuant to Wis. Stat. § 425.203(3) requesting that the Court enter a judgment confirming the sale or other disposition of the property and request that a monetary judgment be entered.
Filing & Service rules
Electronic Filing Rules
The Clerk of Circuit Court will not accept papers filed by fax or email.
Filing of papers by facsimile or e-mail transmission will not be accepted by the Clerk of Circuit Court.
Page 1 | RULE 2: FACSIMILE/E-MAIL TRANSMISSION
Fax transmissions to the judiciary require express permission and must go to the particular judicial official’s fax number; the Clerk will not accept those faxes.
Fax transmissions to the judiciary shall be by express permission only and directed to the particular judicial official’s fax number. The Clerk of Circuit Court will not accept faxes directed to the judiciary.
Page 1 | RULE 2: FACSIMILE/E-MAIL TRANSMISSION
A deviation from the facsimile and e-mail transmission rule is permitted only with the judge’s express consent and a showing of good cause.
Any deviation from this rule will only be permitted upon receipt of express consent of the judge and only upon good cause shown.
Page 1 | RULE 2: FACSIMILE/E-MAIL TRANSMISSION
For next-business-day appearances, citations may be filed electronically or on paper.
(2) Next Day Appearance: Where citations are issued for an appearance on the next business day following issuance, the citation shall be filed with the Clerk of Court’s Office (either electronically or by paper) no later than 11:00 a.m. on the hearing date.
Page 6 | RULE 7: FILING OF TRAFFIC CITATIONS
Filing Timing and Cure Windows
A plaintiff granted an opportunity to seek additional damages must file the amended complaint within 30 days of restoration to the premises.
If the plaintiff requests an opportunity to file an amended complaint seeking damages above and beyond those stated in the original complaint, the plaintiff shall file an amended complaint setting forth an itemized listing of the requested damages within 30 days of being restored to the subject premises.
Page 4 | C) SMALL CLAIMS EVICTION ACTIONS
For citations issued for an appearance on the next business day, the citation must be filed electronically or on paper by 11:00 a.m. on the hearing date.
(2) Next Day Appearance: Where citations are issued for an appearance on the next business day following issuance, the citation shall be filed with the Clerk of Court’s Office (either electronically or by paper) no later than 11:00 a.m. on the hearing date.
Page 6 | RULE 7: FILING OF TRAFFIC CITATIONS
Unless the next-day appearance exception applies, Oneida County law enforcement agencies must file citations, including refusal paperwork, with the Clerk of Court within 72 hours of issuance.
(1) When Filed: Unless sub. (2) applies, all Oneida County law enforcement agencies shall file all citations (including refusal paperwork) with the Oneida County Clerk of Court within 72 hours of issuance.
Page 6 | RULE 7: FILING OF TRAFFIC CITATIONS
A defendant may answer by filing a written answer with the Clerk before the initial return date or by appearing in person.
Defendant may answer the summons and complaint either by filing a written answer before the initial return date with the Clerk, or by appearing in person.
Page 3 | B) APPEARANCES BY PARTIES
Untimely citations may be rejected by the clerk and may be dismissed with prejudice by the Court.
(3) Failure to File: Citations not filed within the time provided herein may not be accepted by the clerk and may be considered dismissed with prejudice by the Court. Any funds posted will be returned to the defendant.
Page 6 | RULE 7: FILING OF TRAFFIC CITATIONS
Service and Proof of Service Rules
Proof of service must be filed with the Clerk’s Office by the return date or contempt hearing date.
Proof of service shall be filed with the Clerk of Court’s Office prior to or at the return date or contempt hearing date.
Page 2 | A) SERVICE IN SMALL CLAIMS
Small-claims pleadings must be personally served on parties outside Oneida County, and personal service is required in all replevin and contempt proceedings.
All small claims pleadings must be personally served on parties residing outside of Oneida County. In all replevin and contempt proceedings, personal service is required.
Page 2 | A) SERVICE IN SMALL CLAIMS
After notice that service failed, the plaintiff must obtain personal service or service by publication within 30 days or the action may be dismissed.
In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service or service by publication within 30 days of the date of notice or have the action dismissed for failure of service.
Page 3 | A) Service in Small Claims
Mail refused by a defendant creates a presumption of service when the circumstances indicate the defendant knew it concerned legal proceedings.
Shall constitute a presumption of service upon the defendant since it indicates that he/she was presented with the envelope but refused to accept it under circumstances indicating that he/she had reason to know that it involved legal proceedings against him/her.
Page 2 | A) SERVICE IN SMALL CLAIMS
An eviction summons may be served by certified mail under 2013 Wisconsin Act 76 if the party resides in Oneida County.
The service of summons in eviction actions may be served by certified mail, pursuant to 2013 Wisconsin Act 76, provided the party resides in Oneida County.
Page 2 | A) SERVICE IN SMALL CLAIMS
Small-claims pleadings may be served by first-class or certified mail, return receipt requested, when the party lives in Oneida County, except in eviction, replevin, or contempt proceedings.
Except in eviction, replevin or contempt proceedings, service of any small claims pleadings may be made by first class or certified mail, return receipt requested, if the party lives in Oneida County.
Page 2 | A) SERVICE IN SMALL CLAIMS
Unclaimed mail does not constitute service.
Unclaimed Mail: Shall not constitute service since there is no presumption that the defendant has reason to know that legal proceedings involving him/her have been commenced.
Page 3 | A) Service in Small Claims
Filing Fees and Waivers
When a civil or criminal case scheduled for jury trial settles within two business days of the start of trial, the court shall impose actual costs in his/her discretion, in accordance with Wis. Stats. section 814.51.
When a civil or criminal case scheduled for jury trial settles within two business days of the start of trial, the court shall impose actual costs in his/her discretion, in accordance with Wis. Stats. section 814.51.
Page 1 | RULE 3: JURY FEES
Sealing & Redaction Procedures
Sealed documents may not be released with a court file absent a court order and must be removed before the file is reviewed.
All sealed documents in any court file shall not be released with the file unless the court specifically orders. All sealed documents shall be removed from the file, prior to review, as provided herein without such special authorization.
Page 1 | RULE 1: FILE REMOVAL AND REVIEW
Adjournment & Extension Requirements
Failure to appear may result in the stated dispositions unless the matter is adjourned for cause.
Unless adjourned for cause, the failure of any party to appear as stated above may result in the following dispositions
Page 3 | B) APPEARANCES BY PARTIES