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

CRITICAL

Notice of all court or family court hearings must be given to the Outagamie County Child Support Agency.

Notice of all court hearings or family court hearings shall be given to the Outagamie County Child Support Agency.

CRITICAL

If the opposing party timely files information and documentation for trial, it must also serve those materials on the moving party or counsel.

The values set forth shall, in the absence of manifest injustice, be conclusive at trial unless, within twenty (20) days after service, the opposing party files with the Clerk of Courts, and serves on the moving party, or counsel, if any, information and documentation as set forth in section 4.2 above, on which they intend to rely at trial.

CRITICAL

Applies to

Counterclaim

Service

Mail to opposing party

Counterclaims must be served by mail on plaintiffs who live within Outagamie County.

Counterclaims are served by mail on plaintiffs living within Outagamie County.

CRITICAL

Service

Mail

The Guardian ad Litem must mail the defaulting party a conformed copy of any granted Judgment.

A conformed copy of the Judgment that is granted shall be mailed to the defaulting party by the Guardian ad Litem.

CRITICAL

The Guardian ad Litem must notify the ward and guardian of the scheduled hearing date.

The Guardian ad Litem will give notice to the ward and the guardian of the scheduled hearing date.

CRITICAL

The agency must send all parties entitled to notice a copy of its communication to the court, whether it is a petition or letter.

The agency shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

CRITICAL

If a parent misses the custody hearing and the address is known, the clerk must send that parent form JD-1716 immediately after the hearing concludes.

If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the non- attending parent if the address is known immediately at the conclusion of the hearing.

CRITICAL

Applies to

Written motion and hearing notice

The written motion and its hearing notice must be served at least five days before the scheduled hearing time.

Pursuant to §801.15(4) Wis. Stat., a written motion and notice of hearing thereof shall be served not later than five (5) days before the time specified for the hearing.

CRITICAL

If a party receives, has applied for, or received specified public assistance during the action, or a Wisconsin arrearage exists, the moving party must notify the Child Support Agency and submit the specified case documents.

When any party is receiving public assistance, [foster care, child care assistance, Badger Care, W-2, medical assistance or foodshare] has applied for public assistance or has received public assistance during the pendency of the action or an arrearage exists in favor of the State of Wisconsin, the moving party shall give notice to the Outagamie County Child Support Agency in accordance with Section 767.217 Wis. Stats., submit a copy of the financial disclosure statement, the final stipulation, if any, and the Findings of Fact, Conclusions of Law and Judgment of Divorce.

CRITICAL

Notice of the petition and appointment must be given to the ward within 24 hours, and proof must be filed with the Probate Office.

Notice: Notice of the Petition being filed and the appointment being made shall be given to the ward within 24 hours of the appointment, and proof thereof shall be filed with the Probate Office.

CRITICAL

Applies to

Judgment or reminder notice

Service

Mail

Upon conviction, the clerk must mail the applicable judgment and notice to the defendant's last known address.

Upon conviction, the clerk of courts office shall mail to the last known address of the defendant either a Default Judgment or a Judgment of Conviction and Reminder Notice, whichever is applicable.

CRITICAL

Service

Mail

If no Notice of Retainer is on file, notice of court proceedings is mailed to the party or client at the address provided to the Clerk in initiating documents or in writing.

When Notice of Retainer is not on file, notice of court proceedings will be mailed to the party or client at such address as is provided the Clerk in the initiating documents or otherwise provided in writing.

CRITICAL

Service

Personal service to opposing party

For a motion seeking Circuit Court imposition of certified contempt sanctions, the moving party must personally serve hearing notice on the responding party.

The Circuit Court shall then schedule a hearing and the moving party shall be responsible for personal service of notice of said hearing upon the responding party.

CRITICAL

The District Attorney’s office must provide the Defense Attorney copies of the records as part of the petition or through normal discovery.

The District Attorney’s office shall provide the Defense Attorney copies of such records either as part of the petition, or pursuant to normal discovery.

CRITICAL

Applies to

Pre sentence investigation report

The District Attorney and Defense Attorney must receive a copy of the report and may not copy it.

The District Attorney and Defense Attorney shall be provided a copy of the pre- sentence investigation report. The District Attorney and Defense Attorney shall not copy the pre-sentence report.

CRITICAL

Deadline

48 hours

An Affidavit and Order to Show Cause must be served at least 48 hours before the hearing, excluding Saturdays, Sundays, and legal holidays from the computation.

An Affidavit and Order to Show Cause shall be served not later than forty eight (48) hours prior to the time specified for the hearing. Saturdays, Sundays and legal holidays shall be excluded in the above computations.

CRITICAL

Applies to

Counterclaim

Service

Personal service to opposing party

Counterclaims must be served personally on plaintiffs who live outside Outagamie County or outside Wisconsin.

Personal service is required for plaintiffs living outside Outagamie County or outside the State of Wisconsin.

CRITICAL

Service

Personal service

Personal service is required for out-of-county or out-of-state defendants and for eviction and replevin actions.

Personal service is required for out-of-county or out-of-state defendants, as well as for eviction actions and replevin actions.

CRITICAL

Applies to

Motion

All motions must be filed and served on the other party under Chapters 801 and 802 of the Wisconsin Statutes.

All motions must be filed and served on the other party pursuant to the provisions of Chapters 801 and 802, Wis. Stats.

CRITICAL

Applies to

Report

When the Indian Child Welfare Act applies, a copy of the report must be forwarded to the ICWA attorney and ICWA Social Worker.

When the Indian Child Welfare Act applies, a copy of the report must also be forwarded to the ICWA attorney and ICWA Social Worker.

CRITICAL

The moving party must obtain an order requiring appearance and serve it on the non-moving party before trial.

An order of the Court or Family Court Commissioner to that effect shall, accordingly, be procured by the moving party and shall be served upon the non-moving party before the trial.

CRITICAL

Proof of service for out-of-county or out-of-state defendants and for eviction and replevin actions must be filed with the Clerk before the initial appearance, or the claim may be dismissed.

Proof of service for out-of-county or out-of-state defendants, and for eviction and replevin actions must be filed with the Clerk of Courts PRIOR to the initial appearance, or the claim may be dismissed.

CRITICAL

Deadline

2 working days

The income verification must be provided to the other party or counsel, and a copy must be provided to Outagamie County Child Support when maintenance or child support is involved.

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, and provided to the other party or counsel. A copy must be provided to the Outagamie County Child Support, if maintenance or child support are involved.

CRITICAL

A copy of the certificate and attachments must be filed with the court and served on opposing counsel or an unrepresented opposing party, and proof of service must be filed.

A copy of the certificate and attachments shall be filed with the court and served on opposing counsel or the other party if unrepresented. ... Proof of service shall be filed with the court.

CRITICAL

For juvenile referrals to the District Attorney for court action, Juvenile Intake must transmit relevant assessment or treatment reports, referral letters, and written names of other referred assessors or treaters.

When referrals are made to the District Attorney’s office for court action involving a juvenile, the Juvenile Court Intake office shall transmit to the District Attorney’s office copies of any psychological, AODA and similar assessment or treatments reports involving the juvenile whose case is at issue. In addition, the Juvenile Intake Worker shall transmit copies of any referral letter to such assessors or treaters. Further, the Juvenile Intake Worker shall provide in writing, the names of any other assessors or treaters to which the juvenile has been referred.

CRITICAL

Notice accompanied by the petition must be provided to the Outagamie County Department of Health and Human Services, which may conduct an intake inquiry.

Notice must be provided to the Outagamie County Department of Health and Human Services accompanied by the petition, which may conduct an intake inquiry into the matter.

CRITICAL

When an oral hearing request is made, the GAL must notify the Public Defender Office within 2 days of meeting with the ward.

1. GAL shall notify the Public Defender Office within 2 days of meeting with ward and an oral request for hearing is made.

CRITICAL

Applies to

Notice of proceeding

Notice of any proceeding in a joined case must be given to all joined parties or their counsel.

Notice of any proceedings in a joined case shall be made to all joined parties or their counsel.

CRITICAL

If the Court requires the additional procedure for a guardianship with assets exceeding $50,000 and issues an Order to Deposit, the financial institution must be served with the order and its Admission of Service must be filed with the Court.

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.

CRITICAL

When maintenance or child support is involved, a copy must be provided to Outagamie County Child Support.

A copy must be provided to the Outagamie County Child Support, if maintenance or child support are involved.

CRITICAL

Service

Mail

Before judgment is granted, the Guardian ad Litem must mail the defaulting party a copy of the Petition and Affidavit.

A copy of the Petition and Affidavit shall be mailed to the defaulting party by the Guardian ad Litem before Judgment will be granted.

CRITICAL

The Juvenile Intake Unit and the District Attorney’s victim-witness coordinator must notify known victims of personal injury or property damage about court policies concerning their rights and scheduled delinquency proceedings.

In accordance with 938.78(2)(b)(1), information may be exchanged with the victim- witness coordinator. The Juvenile Intake Unit of the Division of Youth and Family Services and victim-witness coordinator in the District Attorney’s office shall be responsible for notifying each known victim who sustained personal injury or property damage of: 1. The policies and procedures of the court concerning their rights. 2. Notices of scheduled proceedings in delinquency matters.

CRITICAL

Applies to

Default judgment notice

The Clerk of Court must inform the defendant of the finding of guilt and the penalties imposed.

The Clerk of Court shall inform the defendant of the Court’s finding of guilt and of the penalties imposed.

CRITICAL

The Clerk of Courts must provide a copy of the court report to the prosecuting attorney, defense attorney, and, if applicable, the Guardian ad litem.

The Clerk of Courts shall provide a copy to the prosecuting attorney, defense attorney and/or Guardian ad litem if applicable.

CRITICAL

Deadline

5 business days

Applies to

Continuance request

Copies of a continuance request must be provided to the other parties at least five business days before the scheduled proceeding.

All requests for continuances of any small claims proceedings shall be made in writing, filed with the Clerk of Courts, with copies to the other parties at least five (5) business days prior to the scheduled court proceeding.

CRITICAL

Service

Mail

Small Claims summonses and complaints are served by regular mail, or by certified mail if requested, for defendants living within Outagamie County.

Small Claims summons and complaints are served by regular mail or, if requested by certified mail for defendants living within Outagamie County.

WARNING

Service

Publication

If personal or substitute service cannot be completed with reasonable diligence, or mail is returned, the Clerk will issue a new return date to allow timely publication of a Class 3 notice.

If, with reasonable diligence, defendants cannot be served by personal or substitute service, or mail is returned, the Clerk will issue a new return date allowing timely publication of a Class 3 notice under Chapter 985.

WARNING

The Guardian ad Litem must notify the ward and guardian of the scheduled hearing date both in person and by phone.

3. The Guardian ad Litem will give notice to the ward and the guardian both in person and by phone of the scheduled hearing date.

WARNING

Counsel receive notice of further proceedings only if they initiated the proceeding or filed a Notice of Retainer.

Counsel for parties in Outagamie County Circuit Court cases will not receive notice of further proceedings unless they have themselves initiated the proceeding or, they have filed a Notice of Retainer.

WARNING

3. GAL should file report with the Register in Probate Office within 5 days of meeting with ward and provide a copy to the Corporation Counsel (only when a hearing is requested).

3. GAL should file report with the Register in Probate Office within 5 days of meeting with ward and provide a copy to the Corporation Counsel (only when a hearing is requested).

WARNING

Upon appointment of Adversary Counsel, the GAL must provide that counsel with a copy of the Watts review.

Upon the appointment of Adversary Counsel, the GAL shall provide a copy of the Watts review to said Counsel.

WARNING

A copy of the written response must be provided to the Corporation Counsel.

The original is to be filed with the Register in Probate Office and a copy provided to the Corporation Counsel.

WARNING

Corporation Counsel must provide copies of the written report to Adversary Counsel and the GAL.

4. Within 7 days of the Corporation Counsel receiving the Gal Report, the Corporation Counsel shall file a written report regarding the issues in question with the Register in Probate Office and provide a copy to both Adversary Counsel and the GAL.