Outagamie County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Contempt action

A party proceeding with a contempt action in small claims court must file an affidavit of non-military service.

An Affidavit of Non-Military Service must also be filed when a party is proceeding with a Contempt Action in Small Claims Court.

CRITICAL

Applies to

Findings and orders

Findings and Orders consistent with the proceedings must be presented to the respective court for signature.

1. Beginning with all cases of the above nature heard subsequent to the signing of this policy, all Findings and Orders consistent with court proceedings shall be presented to the respective court for signature no later than 14 days following said proceedings.

CRITICAL

Applies to

Trial demand

A request for a trial before a Circuit Court Judge must be written and made within 10 days of an oral decision at the contested hearing or within 15 days of a written decision.

This request must be made in writing within ten (10) days of the Court Commissioner's decision if given orally at the time of the contested hearing, and within fifteen (15) days of a written decision of the Court Commissioner.

CRITICAL

Applies to

Family court matter

Must include

caption

All documents filed in Family Court must use the caption “State of Wisconsin – Family Court – Outagamie County.”

Caption on Family Court Matters: All matters filed in Family Court shall be captioned: State of Wisconsin – Family Court – Outagamie County.

CRITICAL

Applies to

Summons and complaint

For a consolidated creditors action, check the “See attached for multiple plaintiffs” box and attach information showing each creditor’s individual claims to the summons and complaint.

The check box that states: “See attached for multiple plaintiffs,” must be checked and the information showing each creditor’s individual claim(s) must be attached to the summons and complaint.

CRITICAL

Applies to

Sealed material

Sealed material must display the specified exterior label and must not refer to its contents as expunged materials.

The exterior of the sealed material shall simply state “Sealed: not to be opened except upon express order of the court.” No reference shall be made that the contents are “expunged” materials.

CRITICAL

Applies to

Petition

The petition must be referred to the assigned court with disclosure of any prior or pending applications under the statute.

Such petition shall be in writing, shall be first filed with the Clerk of Courts, assigned randomly to a Circuit Court Judge and referred to the assigned Court with disclosure of any prior or pending applications under §175.60(16)(b)2.

CRITICAL

Applies to

Criminal history check

Proposed guardians and conservators must file a Wisconsin Department of Justice criminal history check before appointment.

All proposed guardians/proposed conservators shall file a Wisconsin Department of Justice criminal history check and a caregiver background check prior to their appointment as guardian/conservator.

CRITICAL

Applies to

Monthly budget expense breakdown

An existing guardian of the estate must complete and file the Monthly Budget Expense Breakdown form when the Register in Probate requests it.

Any existing guardian of estate shall complete and file a Monthly Budget Expense Breakdown form at the request of the Register in Probate.

CRITICAL

Applies to

Credit history report

A corporate guardian must provide the Court a credit history report every four years for each company individual who handles financial matters, including the owner.

A Credit History Report shall be provided to the Court every four (4) years on all individuals of the company who handle financial matters including the owner.

CRITICAL

Applies to

Default judgment and reminder notice

The Default Judgment and Reminder Notice must state the assessment due date and the enforcement actions that may follow nonpayment.

The Default Judgment and Reminder Notice shall state the date the assessment is due and the failure to pay enforcement actions that may be taken if the assessment is not paid in full by the due date.

CRITICAL

Applies to

Affidavit of non military service

When the defendant does not appear, judgment cannot be entered until the affidavit of non-military service is filed.

Upon non-appearance by the defendant, judgment cannot be entered until the Affidavit of Non-Military Service is filed.

CRITICAL

Applies to

Summons and complaint

The summons and complaint caption must list the individual creditor names, not the collection agency’s name.

The individual creditor or creditors’ names must be listed in the summons and complaint caption. (NOT the COLLECTION AGENCY’S NAME).

CRITICAL

Applies to

Reimbursement petition

A guardian or conservator must petition the Court for reimbursement of ward-related expenses before making payment.

A guardian of estate/conservator shall petition the Court to reimburse the guardian, conservator, or any third party for expenses incurred on behalf of the ward prior to making payment to the guardian, conservator, or third party.

CRITICAL

Applies to

Certificate

The certificate must include the party’s written statement that they intend to rely on its stated values.

The certificate shall contain a written statement by the party that he or she intends to rely on the values set forth in said certificate.

CRITICAL

Applies to

Habitual traffic offender occupational license petition

A Habitual Traffic Offender occupational-license petitioner must bring a complete DOT Driving Record Abstract and SR22 proof of insurance to the hearing; the petition will be dismissed without them, and the abstract cannot predate the petition filing.

A person filing a petition as a Habitual Traffic Offender for an Occupational License shall bring with them to court for the hearing a complete Driving Record Abstract from the Department of Transportation and a SR22 proof of insurance form. Without such items, the petition will be dismissed. The record shall not be dated before the date of filing of the petition.

CRITICAL

Applies to

Annual report on condition of the ward

An Annual Report on Condition of the Ward is required whenever a guardian of the person has been appointed.

Annual Reports on Condition of the Ward are required in all cases where a guardian of person has been appointed.

CRITICAL

Applies to

Proof of service or written waiver

Before scheduling, the scheduling clerk must determine that statutory proofs of service or a written waiver are in the file.

That proofs of service or written waiver as required by statute are in the file, and

CRITICAL

Applies to

Special administration summary

The special administrator's filed summary must list all assets received and account for how they were used.

Pursuant to 867.21(1), within three months of the issuance of Letters of Special Administration, the special administrator will be required to file with the probate office a complete summary of his or her activities. This shall include a list of all assets coming into the possession of the special administrator and an accounting of how those assets were used - in effect, a brief inventory and final account.

CRITICAL

Applies to

Annual report guardian ad litem

The Guardian ad Litem must file the Annual Report of Guardian ad Litem with the Register in Probate office.

The Guardian ad Litem will have 30 days to conduct the review and file the Annual Report of Guardian ad Litem with the Register in Probate office.

CRITICAL

Applies to

Findings of fact conclusions of law and judgment

The moving party or an attorney must draft the Findings of Fact, Conclusions of Law and Judgment, including each party’s last known address, employment and earnings if known, and the legal description when real estate is involved.

1. The Findings of Fact, Conclusions of Law and Judgment shall be drafted by the moving party or an attorney and shall include the last known address, the place of employment and the earnings of each party, if known. When real estate is involved, the legal description is required.

CRITICAL

Applies to

Order for income withholding

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

2. When payments of child support, maintenance or family support are ordered, the moving party shall also be responsible for drafting an Order for Income Withholding.

CRITICAL

Applies to

Written appearance

For non-traffic criminal misdemeanor cases scheduled by summons, attorneys may appear in writing if they file the specified written plea and representation documents in advance.

Attorneys may appear in writing 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

Final stipulated divorce hearing submission

Self-represented parties who have reached or anticipate reaching an agreement must submit the completed listed documents to the Self Help Center for review before receiving a final stipulated divorce hearing date.

Parties who represent themselves and who have either reached an agreement or anticipate reaching an agreement MUST submit the following completed documents for review at the Self Help Center before they are given a final stipulated divorce hearing date (as of March 1, 2017; see the Self Help Center for updates): - Marital Settlement Agreement - Financial Disclosures (one for each party) - Parties’ Approval of Findings of Fact, Conclusions of Law and Judgment - Findings of Fact, Conclusions of Law and Judgment - Divorce/Annulment Worksheet - Last 2 years of tax returns (both Federal and State) and 8 weeks proof of income.

CRITICAL

Applies to

Mediator notice

A written notice to the Commissioner must state the mediator’s name and the date of the first mediation meeting.

Commissioner a written notice stating the mediator's name, and the date of the first meeting with the mediator.

CRITICAL

Applies to

Plea negotiation statement

When a plea amends or dismisses a felony count, the District Attorney must file a written statement describing the factors considered in the plea negotiation, including the defendant’s prior criminal record and a statement from the victim.

NOW, THEREFORE, IT IS HEREBY ORDERED that the District Attorney shall file, at the time of a plea wherein any felony count is being amended or dismissed, a written statement containing the factors and considerations taken into account in making such plea negotiation, including but not limited to prior criminal record of the defendant and statement from the victim.

CRITICAL

Applies to

Notice of filing custody or placement study

When a custody or physical placement study is ordered, the Court must notify the parties’ attorneys, the Guardian ad Litem, and any unrepresented party of its filing; they may review it at the specified court or clerk’s office.

In all cases where custody, physical placement studies have been ordered, a notice of the filing of said study shall be given by the Court, to the attorneys for the parties, and the Guardian ad Litem and any unrepresented party, who may then review the same in the offices of the branch of the Circuit Court where the action is pending, or the Clerk of Court's office.

CRITICAL

Applies to

Monthly budget expense breakdown

Before appointment, the guardian of the estate must provide a Monthly Budget Expense Breakdown when the ward will reside with the guardian or a relative, or in a residence owned by either.

The guardian of the estate shall provide a Monthly Budget Expense Breakdown prior to appointment for any ward who will be residing with a guardian, a relative of the ward, or in any residence owned by the guardian or a relative of the ward.

CRITICAL

Applies to

Media viewing form

A media member seeking to view a juvenile record must provide identification and employment credentials and sign and date the viewing form to acknowledge the disclosure limitations.

The member of the media who seeks to view the juvenile court record must produce identification and credentials of his or her employment, and sign and date the time of his or her viewing of the file on the form attached to the Order for Release of Juvenile Records to Members of the Media, acknowledging compliance with the limitations of disclosure of juvenile records.

CRITICAL

Applies to

Notice of appearance

Counsel undertaking ongoing representation in a circuit court proceeding must file a Notice of Appearance, Notice of Retainer, or applicable appointment order.

Notice of Appearance, Notice of Retainer or Order of Appointment by the Court or Public Defender must be filed for counsel undertaking ongoing representation in any circuit court proceeding.

CRITICAL

Applies to

Findings of fact and order

The moving party, or another party directed by the Commissioner, must prepare and submit the Findings of Fact and Order for signature within 30 days after the post-judgment hearing.

Findings of Fact and Order of the Family Court Commissioner shall be prepared by the moving party or such party as the Family Court Commissioner directs, and submitted to the Family Court Commissioner for signature within thirty (30) days of the date of the post-judgment hearing before the Family Court Commissioner.

CRITICAL

Applies to

Divorce or legal separation action

Self-represented persons initiating a divorce or legal separation must prepare the listed papers, with the petition documents depending on whether they file jointly or alone.

Persons who represent themselves are required to prepare the following papers to initiate an action for Divorce or Legal Separation (current forms are available online at https://www.wicourts.gov/ - Joint Petition (if filing jointly) - Petition and Summons (if filing alone) - Certificate/Affidavit of Service

CRITICAL

Applies to

Financial disclosure statement

Each party must update its financial disclosure statements on the record on the date of the final hearing.

Financial disclosure statements filed by each party in accordance with these rules shall be updated on the record on the date of the final hearing.

CRITICAL

Applies to

Notice of intent to revoke

When a law enforcement agency files a Notice of Intent to Revoke based on a refusal to take a sobriety test, it must also file a report or statement declaring the number of prior offenses under the cited statute.

Whenever Notice of Intent to Revoke is filed with the Clerk of Courts as a result of a refusal to take a sobriety test, the law enforcement agency filing the Notice must file a report or statement declaring the number of prior offenses under s.343.307, Wis. Stats.

CRITICAL

Applies to

Monthly budget

If the Court requires the additional procedure for a guardianship with assets exceeding $50,000, the guardian must provide the Court with a monthly budget of the ward’s income and expenses when requested.

Within 60 days after the appointment of a guardian of the estate or upon review of an existing case where a guardian of the estate has been appointed, the Court may require the below additional procedure with respect to any guardianship with assets exceeding $50,000.00 1. Order certain assets or a portion of the ward's assets (including the majority of the ward's assets) be deposited in an insured account of a bank, credit union, savings bank, or other financial institution in the name of the guardian and the ward as a restricted account. 2. No withdrawals may be made from the restricted account without a specific Court Order after petition has been made by the guardian. 3. Proof of deposit shall be filed with the Court within 30 days of Order to deposit. 4. Within 30 days after the Court has issued an Order to Deposit, the financial institution must be served with said order and Admission of Service by the financial institution shall be filed with the Court. 5. The guardian of the estate shall provide the Court with a monthly budget of the ward's income and expenses (form to be provided) within 30 days of the Court making a request.

CRITICAL

Applies to

Family court document

Documents relating to Family Court matters must be filed in the office of the Clerk of Courts.

All documents relating to Family Court matters shall be filed in the office of the Clerk of Courts.

CRITICAL

Applies to

Written stipulation

A stipulated divorce hearing may be scheduled only after the written stipulation has the required signature and review approvals, including prior Child Support Agency approval when public assistance is involved.

Said hearing shall only be scheduled after a representation by counsel that a written stipulation is drafted and signed by the parties and has been reviewed by the Child Support Agency. If neither party is represented by counsel, said hearing shall only be scheduled if the written stipulation has been reviewed and approved as to form by the Self Help Center and the Family Court Commissioner. In all cases, if public assistance is involved the stipulation must have the prior approval of the Child Support Agency before scheduling it for hearing.

CRITICAL

Applies to

Corporate guardian bond or crime insurance policy

A corporate guardian of the estate must obtain either a bond or a crime insurance policy covering third-party theft in an amount equal to the aggregate assets of all wards.

The Corporate Guardian of the estate shall obtain either a bond or a crime insurance policy (which includes coverage for third party theft) for the amount of the aggregate assets for all wards.

CRITICAL

The Corporate Guardian of the estate must provide bank statements for wards’ individual accounts and any comingled account for wards.

5. The Corporate Guardian of the estate shall provide a copy of the bank statements relating to any individual accounts for wards and any comingled account for wards.

CRITICAL

Applies to

Affidavit of non military service

File a Wisconsin State Form GF-175 affidavit of non-military service for each defendant listed on a summons and complaint, providing information on the defendant’s current military service status.

An affidavit of Non-Military Service providing information on the defendant’s current military service status must be filed for each defendant listed on a summons and complaint. Wisconsin State Form Number GF-175 shall be used to comply with this rule.

CRITICAL

Applies to

Account waiver request

Each estate guardian or conservator must sign a sworn statement that the ward’s income and assets were used only for the ward’s benefit during the waiver period.

Each guardian of estate/conservator signs a sworn statement indicating that the ward’s income and assets were used only for the ward’s benefit during the accounting period for which the waiver is requested.

CRITICAL

Applies to

Annual account

The guardian of the estate or conservator must provide bank statements and any financial statements for every Schedule C asset covering the entire accounting period.

The guardian of the estate/conservator shall provide a copy of the bank statements and any financial statements for every asset listed in Schedule C of the annual accounting for the entire accounting period.

CRITICAL

Applies to

JD-1716

For an intake inquiry notice, the signed JD-1716 must be filed in the Juvenile Intake Worker’s file; if unsigned, the worker must file a copy noting who received notice and when.

If signed, the signed copy of JD-1716 shall be filed in Juvenile Intake Worker’s file. If the child/juvenile or parent(s) did not sign, the Juvenile Intake Worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Stipulation dismissing divorce or legal separation

If the parties reconcile, they must notify the Family Court Commissioner or Court by filing a Stipulation Dismissing the Divorce/Legal Separation.

If the parties reconcile, they shall notify the Family Court Commissioner or the Court, by filing a Stipulation Dismissing the Divorce/Legal Separation.

CRITICAL

Applies to

Written stipulation

Scheduling a stipulated divorce hearing requires the stated written-stipulation and review approvals, with the required reviewers depending on representation and public-assistance status.

If one or more of the parties are represented by counsel, said hearing may be scheduled on representation by counsel 31 that a written stipulation is drafted and signed by the parties and has been reviewed by the Child Support Agency. If neither party is represented by counsel, said hearing shall only be scheduled if the written stipulation has been reviewed and approved as to form by the Self Help Center and the Family Court Commissioner. In all cases, if public assistance is involved the stipulation must have the prior approval of the Child Support Agency before scheduling it for hearing.

CRITICAL

Applies to

Proof of deposit

If the Court requires the additional procedure for a guardianship with assets exceeding $50,000 and orders a deposit, proof of deposit must be filed with the Court within 30 days of the deposit order.

Within 60 days after the appointment of a guardian of the estate or upon review of an existing case where a guardian of the estate has been appointed, the Court may require the below additional procedure with respect to any guardianship with assets exceeding $50,000.00 1. Order certain assets or a portion of the ward's assets (including the majority of the ward's assets) be deposited in an insured account of a bank, credit union, savings bank, or other financial institution in the name of the guardian and the ward as a restricted account. 2. No withdrawals may be made from the restricted account without a specific Court Order after petition has been made by the guardian. 3. Proof of deposit shall be filed with the Court within 30 days of Order to deposit.

CRITICAL

Applies to

JD-1716

For a custody-hearing notice, the signed JD-1716 must be filed in the court file; if unsigned, the clerk must file a copy noting who received notice and when.

If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile court clerk shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Written communication with psi writer

An attorney communicating in writing with a PSI report writer about a substantive issue must include a cover letter summarizing submissions and send the complete communication to the Court and opposing counsel.

1. For written communications: If an attorney contacts a writer of a PSI report regarding a substantive issue, they must include a cover letter summarizing the submissions made to the agent. A complete set of the communication must be sent to the Court and opposing counsel.

CRITICAL

Applies to

Criminal background check

Proposed guardians and conservators who are nonresidents or have lived in Wisconsin for less than six months must file a criminal background check from their current or most recent state of residence.

All proposed guardians/proposed conservators who are non-residents of the state of Wisconsin, or have not resided in the state of Wisconsin for at least 6 months prior to filing the petition to appoint a guardian/conservator, shall file a criminal background check and caregiver background check from the proposed guardian’s/conservator’s current state of residence, or most recent state of residence prior to moving to the state of Wisconsin.

CRITICAL

If the Court requires the additional procedure for a guardianship with assets exceeding $50,000, no withdrawal may be made from a restricted account without a specific Court Order after the guardian has made a petition.

Within 60 days after the appointment of a guardian of the estate or upon review of an existing case where a guardian of the estate has been appointed, the Court may require the below additional procedure with respect to any guardianship with assets exceeding $50,000.00 1. Order certain assets or a portion of the ward's assets (including the majority of the ward's assets) be deposited in an insured account of a bank, credit union, savings bank, or other financial institution in the name of the guardian and the ward as a restricted account. 2. No withdrawals may be made from the restricted account without a specific Court Order after petition has been made by the guardian.