Outagamie County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Guardian ad litem bill

The guardian ad litem must submit a bill to the Office of the Register in Probate.

The guardian ad litem shall submit a bill to the Office of the Register in Probate.

CRITICAL

Applies to

Certificate of issues

Expert witnesses must be disclosed when the Certificate of Issues is filed.

Expert witnesses shall be disclosed with the filing of Certificate of Issues.

CRITICAL

Applies to

Written appearance

In non-traffic criminal misdemeanor cases scheduled by summons, attorneys may appear by mail if they file the specified written appearance documents in advance.

Attorneys may appear by mail at the Initial Appearance on all non-traffic Criminal Misdemeanor cases scheduled by Summons, upon filing in advance of the appearance date, a written plea of not guilty; a written Authorization to Act; and a written Notice of Retainer or Order of Appointment.

CRITICAL

Applies to

Mediation request

Either party may request mediation, and a homeowner's request must use the Mediation Request Form.

To initiate the mediation process, either party may make a request. The Homeowner's request must utilize the "Mediation Request Form."

CRITICAL

Applies to

Final hearing documents

Self-represented persons must have the original and three copies of each listed document at the final hearing.

Persons who represent themselves are required to have at the time of the final hearing the original and 3 copies of: - Marital Settlement Agreement - Parties’ Approval of Findings of Fact, Conclusions of Law and Judgment - Findings of Fact, Conclusions of Law and Judgment.

CRITICAL

Applies to

Temporary financial disclosure

At the time of the initial temporary hearing before the Family Court Commissioner, whether by order to show cause or motion, all parties should file a temporary financial disclosure statement and verification of income for 3 months prior to the hearing date must be filed by both parties 2 working days in advance of any hearing concerning child support, maintenance, property division or any other financial matter, including but not limited to temporary order hearings, contempt hearings, final divorce hearings and hearings on motions to modify financial matters

At the time of the initial temporary hearing before the Family Court Commissioner, whether by order to show cause or motion, all parties should file a temporary financial disclosure statement and verification of income for 3 months prior to the hearing date must be filed by both parties 2 working days in advance of any hearing concerning child support, maintenance, property division or any other financial matter, including but not limited to temporary order hearings, contempt hearings, final divorce hearings and hearings on motions to modify financial matters

CRITICAL

Applies to

Order for appearance

Both parties in family actions must appear at trial unless non-residence is shown by competent evidence, service is by publication, or the court orders otherwise for good cause.

Pursuant to Section 767.235 Wis. Stats., unless non-residence in the State is shown by competent evidence, service is by publication, or the Court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear at the trial.

CRITICAL

Applies to

Concealed weapon carry filing

The filing must include the order or authorization and a written statement identifying the weapon, reasons for bringing it, courthouse business, any courtroom where it will be carried, and intended dates.

Any person authorized to carry a concealed weapon into a courthouse or courtroom under §175.60(16)(b)2 shall, at least seven (7) days before bringing any concealed weapon into an Outagamie County courthouse, file with the Clerk of Courts and the Outagamie County Sheriff's Department the following: A. A copy of the order or authorization granting them permission to carry a concealed weapon in the courthouse and/or courtroom. B. A written statement which discloses the following information: 1. Type of weapon. 2. The reasons to introduce the weapon to the courthouse and/or courtroom. 3. What business the individual will have at the courthouse while carrying a concealed weapon. 4. Whether the weapon will be carried in a courtroom and, if so, which courtroom(s). 5. The date or dates on which the individual intends to carry a concealed weapon in the courthouse.

CRITICAL

Applies to

Findings of fact conclusions of law and judgment

Before submitting the Findings of Fact, Conclusions of Law and Judgment to the Court or Family Court Commissioner, the submitting party must send them to opposing counsel, if any, for approval and to the Child Support Agency as required by Section 5.

3. Before submission of the Findings of Fact, Conclusions of Law and Judgment to the Court or Family Court Commissioner, they shall be submitted to the opposing counsel if any for approval and to the Outagamie County Child Support Agency as required by Section 5 of the Outagamie County Family Court Rules, infra.

CRITICAL

Applies to

Civil consolidation petition and proposed order

A petition and proposed order to consolidate pending civil actions must provide for consolidation in the court with the first-filed case.

Civil Case Consolidation. Petition and proposed Orders to consolidate pending civil actions under §805.05 Wis. Stats, shall provide for consolidation to the Court with the first filed case.

CRITICAL

Applies to

Ward financial records

A guardian of estate or conservator must retain the ward’s income receipts, disbursement receipts, and financial statements for seven years.

The guardian of estate/conservator shall retain all income receipts, disbursement receipts, and financial statements of the ward for a period of seven (7) years.

CRITICAL

Applies to

Credit history report

A proposed guardian of the estate or conservator must file a full credit history report before appointment.

The proposed guardian of the estate/proposed conservator shall file a full credit history report prior to their appointment as guardian of estate/conservator.

CRITICAL

Applies to

Notice

The notice must state the date it was mailed to the defendants.

This notice SHALL state the date the notice was mailed to the defendant(s).

CRITICAL

Applies to

Annual account

The guardian ad litem fee reimbursement payment must be reported on the annual account with the other expenses.

The payment shall be reported on the annual account along with other expenses.

CRITICAL

Applies to

Divorce annulment worksheet

At the final hearing, whether contested or not, counsel or unrepresented parties must file a completed Divorce/Annulment Worksheet containing all required disclosure information.

4. At the time of the final hearing, whether contested or not, counsel for the parties, or the parties if they are unrepresented, shall file with the court a completed Divorce/Annulment Worksheet, containing all the information required to be disclosed.

CRITICAL

Applies to

Proof of monthly benefit amount

If the proposed ward is not receiving Social Security benefits when the budget breakdown is submitted, the guardian must provide proof of the ward’s monthly benefit amount within 14 days of receiving it from the Social Security office.

If the proposed ward is not receiving Social Security benefits at the time the Monthly Budget Expense Breakdown is submitted, the guardian of estate shall provide proof of the ward’s monthly benefit amount within 14 days of receiving the same from the Social Security office.

CRITICAL

Applies to

Court record review request

Requests to review court records involving a child or juvenile must be made in writing and directed to the juvenile court clerk.

All requests for review of court records involving a child or juvenile shall be directed to the juvenile court clerk and shall be in writing.

CRITICAL

Applies to

Custody intake request form

The requesting agency must complete the custody intake request form before an intake decision is made.

The requesting agency shall be required to complete the custody intake request form before an intake decision is made.

CRITICAL

Applies to

Stipulation

Stipulations must be filed by the scheduled review time; otherwise, personal appearances are required.

Stipulations must be filed on or before the scheduled time to review the stipulation or personal appearances are required.

CRITICAL

Applies to

Written factual basis

A plaintiff whose complaint omits the required jurisdictional facts must provide a written factual basis in response to an order or the case will be dismissed.

Plaintiffs who do not set forth this factual basis shall be issued a written Order to provide such a written factual basis for personal jurisdiction against the defendant, or the case will be dismissed.

CRITICAL

Applies to

Written order

On an application for permission to carry a concealed weapon in a courthouse, the judge must hold a hearing on the record and issue a written order.

Upon application by any person to an Outagamie County Circuit Court Judge under §175.60(16)(b)2 for permission to carry a concealed weapon in a courthouse, the judge shall hold a hearing on the record and shall issue a written order.

CRITICAL

Applies to

Notice

The notice must identify the petitioners, grounds of incompetency, granted duties, and the ward’s rights to counsel and to petition for reconsideration or modification.

The notice shall include the names of all persons who have petitioned for guardianship, the specific allegations of the grounds of incompetency, and the specific duties which have been granted the Temporary Guardian. It shall also include notice of right to counsel and right to petition for reconsideration or modification.

CRITICAL

Applies to

Small claim complaint

A small-claims complaint against an out-of-state defendant must state a prima facie basis for personal jurisdiction under Wisconsin Statute § 801.05.

Accordingly, small claim complaints against out-of-state defendants must set forth a prima facie basis for personal jurisdiction under Section 801.05 of the Wisconsin Statutes.

CRITICAL

Applies to

Written request

A written request must be filed with the Commissioner's office to schedule a hearing for this method of obtaining clothing or personal hygiene items.

3. Pursuant to a hearing before the Court Commissioner scheduled after written request is filed with Commissioner's office.

CRITICAL

Applies to

Annual account

An Annual Account is required whenever a guardian of the estate or conservator has been appointed, unless the Court waives it under Section 7.

Annual Accounts are required in all cases where a guardian of estate or a conservator has been appointed unless waived by the Court under Section 7.

CRITICAL

Applies to

Certificate

A party requesting a contested-hearing date must file a certificate addressing discussions of unresolved issues, inability to stipulate, and completion of discovery.

The party requesting a date for contested hearing shall file with the court a certificate stating that all unresolved issues have been discussed by the parties and counsel or that they are unable to engage in such discussion, and that it is not presently possible to stipulate as to all issues, and that discovery has been completed.

CRITICAL

Applies to

Written response

The original written response must be filed with the Register in Probate Office.

5. Within 7 days of the GAL and Adversary Counsel receiving the Corporation Counsel’s written position, each shall respond in writing as to his/her position on the issues. The original is to be filed with the Register in Probate Office and a copy provided to the Corporation Counsel.

CRITICAL

Applies to

Mediation agreement

A mediated agreement must be written and submitted for review; reviewing counsel and any appointed Guardian ad Litem must certify their review in writing on it, and the Guardian ad Litem must comment on the child’s best interests.

If an agreement is reached in mediation, the agreement must be prepared in writing and submitted for review to the attorney, if any, for each party and by the Guardian ad Litem, if one has been appointed. The reviewing attorney or attorneys and the Guardian ad Litem must certify in writing on the agreement that they have reviewed the agreement, and the Guardian ad Litem must comment on the agreement based on the best interest of the child.

CRITICAL

Applies to

Certificate of contested issues

A party seeking attorney-fee contribution in a contested case must fully disclose costs, disbursements, counsel’s activities, and time spent; contribution will not be allowed without the required disclosure.

In contested cases where contribution to attorney's fees is sought, the Certificate of Contested Issues must include a complete and full recitation of costs and disbursements incurred by the party seeking contribution, and further must include a full and complete recitation of all activities and time spent by counsel in representation. Absent a disclosure of the attorney's fees, costs and disbursements in accordance herewith, contribution will not be allowed.

CRITICAL

Applies to

Financial disclosure

Money judgment debtors must make financial disclosures to their judgment creditor within 15 days after judgment entry unless the judgment is satisfied sooner.

All money judgment debtors are required to make financial disclosures to their judgment creditor within 15 days after the date of entry of judgment unless the judgment is sooner satisfied.

CRITICAL

Applies to

Annual account

The guardian of the estate or conservator must provide completed itemized ledgers covering all of the ward’s income and expenses for the entire year.

The guardian of estate/conservator shall provide completed itemized ledgers of all income and expenses for their ward for the entire year.

CRITICAL

Applies to

Annual account

Each annual account must be accompanied by a complete itemized statement or ledger for the entire year for each ward.

3. The Corporate Guardian of the estate shall provide a complete itemized statement/ledger for the entire year for each ward with the filing of the annual account.

CRITICAL

Applies to

Filing in joined case

A filing in a joined case must use the case numbers for all parties.

Parties shall utilize case numbers for all parties on any filing in a joined case

CRITICAL

Applies to

Judgment or order

Each judgment or order providing for child support, maintenance or family support in a family law matter must include the prescribed language concerning payment obligations and actions required if payments are not made.

5. The following language shall be inserted in each judgment or order providing for a child support, maintenance or family support payment in every family law matter: “The person ordered to make child support, maintenance or family support payments under this order is required to make those payments so long as this order is in effect, whether or not the person is employed at any time in the future. Support orders cannot be modified for any period of time before the date of service of a Motion to Modify on the other party except as otherwise provided by statute. If the payor fails to make payments as ordered for any period of time which includes at least two payments or 30 days, whichever is shorter, the payor shall be required to take one of the following actions: 1. Register with the Job Service and actively seek work from at least 15 prospective employers each week. Make a report of your efforts to find work to the Outagamie County Child Support Agency on Thursday of each week on forms supplied by the Agency. Maintain an active file with the Job Service. 2. Provide a health care provider's written statement to the Outagamie County Child Support Agency and to the payee indicating that you are unable to work. Provide information to the Outagamie County Child Support Agency of any insurance or other payments that you are receiving because of your inability to work. 3. Request that the Outagamie County Child Support Agency review your specific circumstances and modify the seek work order in paragraph 1, above. Even if you make this request, you will still have to follow the procedures in paragraphs 1 and 2, above, until the review has taken place. 4. Make an agreement with the payee and the Outagamie County Child Support Agency to modify the support obligation. 5. If you are unable to obtain a modification in Paragraphs 3 and 4, you may file a motion with the Outagamie County Family Court seeking a modification in your support obligation or seek work order. Even if you follow the procedures in paragraphs 1, 2, or 3, above, your support order and the requirement to follow the procedures in paragraphs 1 or 2, above, will continue until the Court changes them. IF THE OUTAGAMIE COUNTY CHILD SUPPORT AGENCY IS NOT INVOLVED IN YOUR CASE, YOUR OBLIGATION TO MAKE REPORTS WILL BE FULFILLED BY MAKING THE REPORTS TO THE OTHER PARTY.”

CRITICAL

Applies to

Stipulation

The defense attorney must file stipulations for represented defendants, while the prosecution must file them for non-represented defendants.

The defense attorney is responsible for the stipulation to be filed with represented defendants and the prosecution is responsible to file stipulations with non-represented defendants.

CRITICAL

Applies to

Order for income withholding

When child support, maintenance, or family support payments are ordered or modified, the moving party must draft an Order for Income Withholding.

When payments of child support, maintenance or family support are ordered or modified, whether at a temporary hearing, final divorce or post judgment hearing, the moving party shall be responsible for drafting an Order for Income Withholding.

CRITICAL

Applies to

Bill of costs

The filing attorney must apportion costs among the creditors and submit a separate bill of costs to the court for each creditor.

The attorney filing the action will be required to apportion the costs between the creditors and submit a bill of costs to the court for each creditor so that the judgment can be entered.

CRITICAL

Applies to

Written access request

Other individuals or entities may obtain access only with court approval after submitting a written request stating the requester’s name and address and the legal basis for release.

All individuals or entities not included in (2)(a) may obtain access by Court approval only upon submission of a written request indicating the name and address of the individual making the request and the legal basis for the release of information requested.

CRITICAL

Applies to

Petition for judgment

Upon default, the Guardian ad Litem must file a Petition for Judgment, a Verified Affidavit stating the default, and a proposed Judgment.

Upon default, the Guardian ad Litem shall file a Petition for Judgment, a Verified Affidavit setting forth the default and the proposed Judgment.

CRITICAL

Applies to

Filing in joined case

Must include

caption

The caption on any filing in a joined case must identify all parties.

the caption on any filing shall identify all parties.

CRITICAL

Applies to

Contested hearing request

The moving party must attach an updated financial disclosure statement with trial figures and support for values, along with copies of the latest two years of federal and state income tax returns.

Updated Financial Disclosure Statement with figures intended to be relied upon at trial, including the basis for any values not supported by appraisal or certificate of value. Attached thereto shall be copies of the latest two years federal and state income tax returns.

CRITICAL

Applies to

Summons and complaint

In covered Outagamie County foreclosure actions, the plaintiff must attach the Notice of Availability of Mediation and Application for Mediation to the Summons and Complaint served on the defendant or homeowner.

IT IS ORDERED that in all foreclosure actions filed in Outagamie County after the effective date of October 19, 2012, the plaintiff shall attach to the Summons and Complaint served on the defendant/homeowner the following forms: 1) Notice of Availability of Mediation; and 2) Application for Mediation.

CRITICAL

Applies to

Motion or action

The specified case documents must be filed with the Clerk of Courts before the motion may be heard or an action set for trial.

No such motion shall be heard and no action shall be set for trial until the Summons, Petition, Affidavit and Order to Show Cause, if any, have been filed with the Clerk of Courts.

CRITICAL

Applies to

Petition for determination of status delinquency

A delinquency proceeding following a reverse waiver 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

Failed reconciliation notice

If reconciliation fails and the suspension expires without a termination motion, the parties must notify the Family Court Commissioner or Circuit Court in writing, after which the case proceeds as if no reconciliation was attempted.

If reconciliation does not occur and the Suspension expires without a Motion to Terminate Suspension, the parties shall notify the Family Court Commissioner or the Circuit Court in writing of the failed reconciliation and the case shall proceed as if no reconciliation was attempted.

CRITICAL

Applies to

Annual accountings and annual reports

Both co-guardians or co-conservators must sign all annual accountings and annual reports, even if the Court authorized them to act independently.

In cases where co-guardians/co-conservators have been appointed, both co- guardians/co-conservators shall sign all annual accountings and annual reports on condition of the ward regardless whether the co-guardian’s have been given authority to act independent of one another by the Court.

CRITICAL

Applies to

Cash bond

A proposed guardian of the estate or conservator who is not a Wisconsin resident must file a $250 cash bond with the Register in Probate Office before appointment.

All proposed guardians of estate/proposed conservators who are not a resident of the state of Wisconsin shall file a $250.00 cash bond with the Register in Probate Office before their appointment as guardian of estate/conservator.

CRITICAL

Applies to

Certificate

The certificate must specifically identify the unresolved issues, and the moving party must attach qualifying appraisals or certificates of value for property whose value has not been agreed.

Said certificate shall set forth with specificity the remaining unresolved issues and moving party shall attach thereto copies of: Appraisals or certificates of value on all property, real and personal, including pension and profit sharing plans, on which value has not been agreed, in writing, signed by the person(s) intended to be called as witnesses at trial, if necessary.

CRITICAL

Applies to

Petition

A petition seeking an ex parte temporary restraining order must set forth the reasonable grounds for believing the respondent has engaged in or may engage in domestic abuse.

An ex-parte temporary restraining order under §813.12(3) may be issued only if the Judge or Family Court Commissioner has reasonable grounds to believe that the respondent has engaged in, or based on prior conduct the respondent may engage in, domestic abuse of the petitioner. Such grounds must be set forth in a petition consistent with §813.12(5)(a).

CRITICAL

Applies to

Private mediator use notification

Notice that a private mediator was used must indicate whether the mediation complied with the statutory requirements and applicable rules.

Notification of use of a private mediator under 767.405(7) shall include an indication of whether the mediation conformed to both statutory requirements and the rules indicated therein.