Ozaukee County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- (g) When scheduling hearings, meetings and conferences, judges, lawyers, litigants, clerks, and staff shall be considerate of the time schedules of the participants and shall grant reasonable extensions of time when such extensions will not adversely affect the court calendar or clients' interests.
- Only the moving party may adjourn a hearing without a motion or filed written stipulation, and the request must be in writing; exceptions may be made for qualifying guardian ad litem calendar conflicts or additional investigation time.
- If the responding party refuses consent, the requesting party may seek a written ruling and must schedule a mutually convenient hearing date; absent that, the request will be heard on the originally scheduled date, and costs may be assessed in the stated circumstances.
- +6 more
Request must include
- A pretrial adjournment request must be written, sent to the clerk with a copy to the opposing party, received at least ten days before the scheduled date, and supported by good cause as determined by the court.
Communication
Phone
Clerk
Page & Word Limits2 rules
The document does not exceed ten (10) pages in length, excluding cover sheet. Any document exceeding the ten (10) page limit will be refused for filing.
- Page limit
- Up to 10 pages
(a) Without obtaining prior leave of the court, briefs may not exceed the following page limitations, exclusive of pages containing a statement of facts, exhibits, and affidavits; (1) Moving party’s principal brief – twenty-five (25) pages; (2) Briefs in opposition – twenty-five (25) pages; (3) Moving party’s reply brief – ten (10) pages. (b) Briefs in excess of the permitted length may be disregarded by the court. (c) Copies of non-Wisconsin authorities shall be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).
- Principal brief
- Up to 25 pages
- Opposition
- Up to 25 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Document Format Requirements13 rules
Except for Qualified Domestic Relations Orders (QDROs), all orders must be submitted in WORD format. Any proposed orders submitted in any format other than WORD may be rejected.
- Order
- Proposed order
Formatting
- •Qualified Domestic Relations Orders (QDROs) are excepted
Electronic signatures on documents signed by non-electronic filing users are accepted only when generated through electronic-signature software or a platform.
Court's wording
(b) Electronic signatures on documents signed by non-electronic filing users, such as clients and other third parties, will be accepted only if generated through an electronic signature software or platform, including but not limited to DocuSign, BoxSign, Dropbox Sign, Adobe, etc.
Those presenting audio, video, or other digital evidence must supply an HDMI-capable device and provide the evidence to the court on a USB drive or CD/DVD/Blu-Ray for retention as an exhibit.
Court's wording
Attorneys or parties wishing to present audio, video, or other digitally stored evidence must provide their own device with HDMI connectivity to project digital evidence on courtroom monitors. Any digital evidence shall also be stored on and provided to the court on a USB drive or CD/DVD/Blu-Ray for retention as an exhibit.
Stipulations and proposed orders must be in general conformance with the state-approved forms.
Only original wills will be accepted for filing with the court without a hearing.
Any written motion shall be filed in the form required by statute and shall include the relief sought, the legal basis for the relief, and an allegation of the facts that support the requested relief.
- Written motion
Formatting
- •Written motions must be filed in the form required by statute
All documents submitted shall be typed or legibly handwritten.
Proposed orders filed without a 2 ½ -3 inch margin at top of document for court’s electronic signature.
All documents shall be filed on 8 1/2" by 11" paper, with the exception of Wills and Codicils.
- Paper size
- Letter
Formatting
- •Wills and Codicils are excepted
All requests must be in writing.
Proposed Findings and Orders should highlight in bold print the length of the redemption period and waiver or non-waiver of deficiency language.
(5.) In all cases, information shall be requested on a proper letterhead or with proper identification,
Electronic signatures may be used by e-filing parties.
Document Filing Requirements93 rules
All documents filed in an action must include the name, address, electronic mail address and telephone number of the person drafting the papers. If an attorney drafts the documents the attorney's state bar number must also be included.
The electronic signature of an electronic filing user on a document submitted through the electronic filing system shall conform to Wis. Stat. s. 801.18(12) by stating “Electronically signed by” followed by the name of the signatory.
and the audit trail document for each electronic signature must be appended to each document where such an electronic signature appears.
A non-resident lawyer who wishes to appear in an action must petition the court in writing. The petition shall state the name of the active member of the State Bar who will participate with the non- resident lawyer.
(b) The active member of the State Bar shall review all pleadings, motions, and other documents to be filed with the court. Both the non-resident lawyer and the active member of the State Bar shall sign all pleadings and motions.
A proposed order or judgment must be sent to the court with a letter identifying all recipients who are simultaneously being provided a copy.
Court's wording
The submitting party shall transmit the proposed order or judgment to the court with a letter indicating that a copy of the proposed order or judgment is simultaneously being provided to all other attorneys of record and all unrepresented parties. The letter shall include a list or appropriate notation (i.e., “cc:”) indicating the names of the other recipients.
Filed documents must identify the case name and number, court branch, filing type, and—where appropriate—the relief sought.
- Document
- Filing
Must include
- •Case number
Court's wording
All documents, pleadings, motions, etc. filed in any case must contain the case name, case number, the branch of court in which the matter is to be heard, and a brief description of the type of motion or pleading being filed, as well as a description of the relief sought where appropriate.
The transmittal letter must include substantially similar Five Day Rule language explaining the objection deadline and simultaneous copy requirement.
Court's wording
The letter shall include language substantially similar to the following: “This [order/judgment] is proposed under the “Five Day Rule” (Ozaukee County Local Rule 201.3.) If any party believes that the proposed [order/judgment] does not accurately state the court’s ruling, the party must file a written objection to the court, indicating the specific objection(s) and suggestions for change, within five business days of receipt. A copy of the written objection must be simultaneously provided to all attorneys of record and all unrepresented parties.”
When a court has made an oral ruling, the prevailing party shall be responsible for preparing a written order or judgment based on that oral ruling, unless the court directs another party to do so.
A response or an objection to a request for production of documents shall recite the request to which it refers.
The motion shall state the necessity for the relief requested.
A response or an objection to a request for admission shall recite the request to which it refers.
Any party who has knowledge or notice of a bankruptcy proceeding in which the bankruptcy debtor is a party to a pending action or matter shall inform the court of that fact.
An objection or an answer to an interrogatory shall recite the interrogatory to which it refers.
Specified discovery motions must include an affidavit or declaration stating that the parties could not reach accord after consultation and sincere resolution attempts, and giving the consultation date, place, and participants’ names.
Court's wording
All motions relating to discovery or production of documents pursuant to Chapter 804, Stats., or any motion to serve additional interrogatories pursuant to Rule 202.2 must be accompanied by an affidavit or declaration by the moving party that, after consultation in person or by electronic communication with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation(s) and the names of all parties participating therein.
Any party moving the court for relief must supply with their pleadings a completed standard state form if one exists. If one does not exist, the moving party must send a proposed order consistent with the relief they seek for the court’s signature.
Independently filed matters by represented litigants will not be scheduled or considered until it is verified that the litigant consulted their attorney.
Court's wording
Any motions, briefs or other matters filed independently by litigants who are represented by counsel will not be scheduled for a hearing, or considered by the court, unless or until there is verification that the attorney representing the filer has been consulted on the matter.
(b) Only after obtaining a hearing date and time under (a), the moving party may file a notice of motion and motion, proposed order to show cause, or petition which includes the date and time obtained under (a).
Motions must use the form required by statute and include, to the extent known, the relief sought, its legal basis or reasoning, and supporting facts.
Court's wording
Motions shall be filed in the form required by statute and shall include, to the extent known at the time of filing, the relief sought, the legal basis or reasoning for the trial court to grant the relief, and an allegation of the facts which support the relief sought.
All requests for court action shall be presented in a motion, petition, or order to show cause unless prior permission to present the matter in another fashion has been granted by the court.
In traffic and non-traffic forfeiture cases, a party seeking to reopen a case must use the specified circuit court forms, including GF-185 when identity theft or mistaken identity is the basis.
Court's wording
(d) In traffic and non traffic forfeitures cases, a party requesting a case to be reopened shall use the mandated circuit court forms: TR-310 (Motion to Reopen), TR-311 (Order to Reopen) and Local Form Motion to Reopen Affidavit of Service and if the basis to reopen is due to identity theft and/or mistaken identity, GF-185 (Certification by Prosecuting Agency Verifying Identity Theft or Mistaken Identity).
Except for the specified statutory petitions, an ex parte temporary restraining order or temporary injunction request must include a written statement documenting prior good-faith contact and notice of the request’s time and decision-maker; the court may waive notification for cause submitted in writing.
Court's wording
Except for petitions filed under sections 813.12, 813.122, 813.123, and 813.125, Wis. Stats., any party seeking to obtain an ex-parte temporary restraining order or temporary injunction shall include a written statement documenting a good faith effort to contact the party sought to be restrained or counsel for the party, if known, prior to the request, and inform the party or counsel, if known, of the time such request will be made and the judge or court commissioner which will be hearing such request. The requirement of notification pursuant to this rule may be waived by the court for cause submitted in writing.
After obtaining a hearing date, the moving party must file a notice stating the date and time together with the motion and intended supporting materials, or file a waiver statement if no supporting materials will be filed; the clerk shall return filings missing required materials, a waiver, or an advance hearing date.
Court's wording
(b) After obtaining a hearing date under (a), the moving party shall file a notice of motion containing the hearing date and time obtained, together with the motion and any brief in support of the motion, affidavits/declarations, or other supporting documents. If the moving party does not intend to file a brief, affidavits, or other supporting documents, the moving party shall file a statement waiving the right to file such brief, affidavits, or other supporting documents. If a moving party files a motion without a brief, affidavits, other supporting documents, or waiver thereof, or without obtaining in advance an appropriate hearing date, the clerk shall return any documents together with a copy of this rule.
(c) Copies of non-Wisconsin authorities shall be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).
The plaintiff must provide the original and at least one copy of the summons and complaint at the time of filing the action, unless plaintiff is a mandated electronic filer.
Any Indigent party seeking payment of guardian ad litem fees by Ozaukee County shall file the paperwork required by Rule 304.4(3).
The plaintiff must select an initial return date and enter that date on the summons and complaint before filing.
Parties must bring new copies of all exhibits to the De Novo hearing. Previously admitted exhibits will be rejected for use at the De Novo hearing.
All petitions for minor settlements under section 807.10, Wis. Stats., shall be filed with a notice of hearing with the clerk of circuit court.
A minor-settlement approval petition must include a concise statement of the listed information.
Court's wording
A petition for approval of a minor settlement shall include, at a minimum, a concise statement of the following: (a) age of the minor; (b) nature and extent of the injury giving rise to the claim; (c) permanent or temporary character of injuries; (d) facts, events, and circumstances out of which the claim arises, including time, place and persons involved; (e) amount of and manner of determination of attorney fees and guardian ad litem fees; (f) and proposed distribution of funds.
A hearing date is obtained and notice is given to all defendants, which notice shall indicate that judgment will be granted on that date unless anyone appears to object.
A mortgagee representative's affidavit based on personal knowledge must provide the specified case, service, redemption-period, debt, Lis Pendens, and mortgage-holder information.
Court's wording
An affidavit of a representative of the mortgagee based on personal knowledge setting forth all information necessary to allow the court to grant judgment is filed, including the following: 1. The date of filing of the summons and complaint and any amended summons and complaint. 2. The date and specific manner of service on each of the defendants named. If service on any defendant is by publication, an affidavit as to reasonable efforts to serve the defendant personally or by substituted service shall be provided. 3. The length of the redemption period requested (with reference to the section of Chapter 846, Stats. authorizing the requested redemption period) as well as specific factual information based on personal knowledge supporting the requested redemption period and whether a deficiency judgment is being sought or waived. 4. The amount due and owing as of the date of the affidavit or hearing date together with the amount of attorney’s fees requested, a listing of disbursements being added to the judgment, and the total thereof. 5. The date of recording of the Lis Pendens in the office of the Register of Deeds. 6. Whether the plaintiff is the original mortgagee and, if not, information establishing how the plaintiff became the current holder of the mortgage with assignments incorporated into the affidavit establishing the plaintiff’s standing.
Proof of service and a copy of the Lis Pendens are on file.
An affidavit to establish reasonableness of attorney’s fees is filed.
A motion is filed setting forth the requested relief in addition to confirmation of the sale, which is supported by an affidavit or affidavits which specifically and without reference to any document previously filed set forth all information necessary to confirm the sale, including the following: 1. The date and location of the Sheriff’s sale. 2. The name of the successful bidder and the amount of the bid. 3. Information from which the court can conclude that the successful bid represents fair value, such as an appraisal, a broker’s price opinion, or tax bill valuations. 4. The date of filing of any amended summons and complaint. 5. The names of any additional defendants added since granting of the foreclosure judgment. 6. The date and specific manner of service on any additional defendants. 7. Information as to the potential claim of any added defendant and facts from which the court can conclude that the interest of any such defendant is subsequent and junior to that of plaintiff. 8. The nature of any specific amounts being requested to be added to the judgment. 9. Whether a writ of assistance is being requested.
The following documents must be filed prior to the final hearing: (a) Sworn financial statements of both parties.
A signed marital settlement agreement must be submitted to the Clerk of Circuit Courts.
The following must be brought to the final hearing: (a) Vital statistics worksheet
If both parties are appearing without an attorney, both parties must submit financial statements of each party, signed and notarized.
Payment of guardian ad litem (GAL) fees will be made only upon petition by the guardian ad litem as approved by the court.
Upon determining that the charges for services rendered are approximately equal to the deposit, the GAL shall petition the court for an order requiring the parties to deposit additional funds with the Clerk of Courts in an amount to be determined by the court.
Requests for mediation, legal custody, physical placement studies, or appointment of a guardian ad litem must be made on the appropriate CCAP forms.
Unless a party is willing to make the entire deposit, he or she must file a sworn financial disclosure statement or affidavit of indigency with the request for waiver or apportionment, or immediately upon receiving notice that the other party is requesting waiver or apportionment.
The notice shall describe the issues to be raised by the party at that hearing.
If the parties are unrepresented, clearly explain that they must object in writing to the court. The objection to the court must contain a statement that the objector is sending a copy of the objection to all other parties, whose names must be listed.
(b) State whether a deposit has been made to cover fees.
If financial matters are addressed, the findings must indicate each party's gross and net incomes, either recited in the stipulation or order, or by reference to a specific financial disclosure statement on file.
(e) Submit a proposed order incorporating the required findings and proposed order.
Must include
- •Proposed order
(c) If no deposit, or if the deposit is not sufficient to cover fees, state the financial circumstances of parties, if known, or request that parties complete and submit financial disclosure statements if a party believes that he or she does not have the ability to pay GAL fees currently.
The fee petition must request payment and identify the applicable payment option; county advancement requires findings of inability to pay and the county’s future reimbursement right.
Court's wording
(d) Request payment of the GAL fees, including the following options: (1.) By a party or parties, or (2.) By release of the deposit, if sufficient funds on deposit, or (3.) By advancement by Ozaukee County, on a finding of: (A.) Inability of parties to pay; and (B.) Right of county to seek reimbursement in the future from party/ies determined unable to pay currently.
(a) State the amount of the requested fees, and attach an itemization.
If a stipulation provides for payment of support through the Wisconsin Support Collection Trust Fund, the child support agency shall be provided with the parties' names, addresses, social security numbers, and the name and address of the support payer's employer.
Final marital settlement agreements or stipulations shall be appended to the judgment and shall be incorporated by reference therein.
If child support, family support, or maintenance is held open, the judgment must provide for future ordered payments through the Wisconsin Support Collection Trust Fund.
Court's wording
In addition to provisions required by statute to be included in any findings of fact, conclusions of law and judgment of divorce or paternity, if child support, family support, or maintenance is held open to any party, provision must be made for the payment of any such sums through the Wisconsin Support Collection Trust Fund if such amounts are ordered in the future.
A motion or order to show cause seeking to establish or modify child support, family support and/or maintenance shall contain language requiring both parties to submit to the court, at the scheduled hearing, a completed financial disclosure statement and verification of income for the three (3) months prior to the hearing date.
Filing & Service rules
Electronic Filing Rules
Documents generally must be electronically filed with the clerk, subject to statutory exemptions and court permission.
All documents are to be electronically filed (except those exempt under Wis. Stats. §801.18) with the clerk of circuit court’s office at least forty-eight(48) hours prior to the hearing for consideration at that hearing unless otherwise permitted by the court. The seventy-two-hour time frame does not apply to local rule 502.2 and small claims matters.
Page 12 | 103.2 FILING OF DOCUMENTS
Unless specifically ordered otherwise, parties and their attorneys must not electronically file trial or hearing exhibits; exhibits filed that way will be rejected.
Absent a specific order to the contrary, trial and hearing exhibits are not to be filed prior to any trial or hearing, and are not to be electronically filed by parties or their attorneys. Exhibits so filed will be rejected by the clerk.
Page 13 | 103.2 FILING OF DOCUMENTS
Facsimile filings may be accepted when the filer is a paper party, the document is no longer than ten pages excluding the cover sheet, and no filing fee is required.
Facsimile documents transmitted directly to the court shall be accepted for filing if: (1) The filer is a paper party. (2) The document does not exceed ten (10) pages in length, excluding cover sheet. Any document exceeding the ten (10) page limit will be refused for filing. (3) No filing fee is required.
Page 13 | 103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
A judge assigned to the matter may authorize in advance a nonconforming filing if good cause is shown and the filing complies with Wis. Stat. §801.16.
A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case which do not conform to these rules if good cause is shown and they are in conformance with section 801.16, Wis. Stats.
Page 13 | 103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
Filing Timing and Cure Windows
Documents for consideration at a hearing generally must be filed at least 48 hours before the hearing; the text also states that the 72-hour time frame does not apply to Local Rule 502.2 and small-claims matters.
All documents are to be electronically filed (except those exempt under Wis. Stats. §801.18) with the clerk of circuit court’s office at least forty-eight(48) hours prior to the hearing for consideration at that hearing unless otherwise permitted by the court. The seventy-two-hour time frame does not apply to local rule 502.2 and small claims matters.
Page 12 | 103.2 FILING OF DOCUMENTS
Orders must be submitted for signature within seven days after the hearing concludes, unless the court orders otherwise or a statute provides otherwise.
All orders are to be submitted to the court for signature within seven (7) days following the conclusion of the hearing unless otherwise ordered by the court or provided by statute.
Page 12 | 103.2 FILING OF DOCUMENTS
Unless specifically ordered otherwise, trial and hearing exhibits must not be filed before the trial or hearing.
Absent a specific order to the contrary, trial and hearing exhibits are not to be filed prior to any trial or hearing, and are not to be electronically filed by parties or their attorneys.
Page 13 | 103.2 FILING OF DOCUMENTS
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the court media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion.
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the court media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion.
Page 15 | RULE 104: CLOSED PROCEEDINGS
A party objecting to a proposed order or judgment must file a written objection stating specific objections and suggested changes within five business days of receipt.
If any party believes that the proposed [order/judgment] does not accurately state the court’s ruling, the party must file a written objection to the court, indicating the specific objection(s) and suggestions for change, within five business days of receipt.
Page 19 | 201.3 FIVE (5) DAY RULE; RULE ON SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS
A request to appear by telephone or another electronic method must be made in writing 48 hours before the hearing, unless supported by an emergency.
(b) Any request for telephonic or other electronic method of appearance must be made in writing forty-eight (48) hours prior to the hearing unless the request is supported by the existence of an emergency..
Page 21 | 203.1 NON-EVIDENTIARY PROCEEDINGS
(c) If all parties do not stipulate to the taking of telephone or other electronic media testimony, any party seeking to admit such testimony shall raise the issue by a written motion, twenty-four (24) prior to said hearing.
(c) If all parties do not stipulate to the taking of telephone or other electronic media testimony, any party seeking to admit such testimony shall raise the issue by a written motion, twenty-four (24) prior to said hearing.
Page 21 | 203.2 EVIDENTIARY PROCEEDINGS
The moving party must file within 5 days after obtaining the hearing date.
The moving party’s filing must be made within 5 days after the hearing date is obtained.
Page 22 | 204.01 MOTION DATES
The moving party must file a reply brief within 10 days after service of the respondent’s answering materials, and the reply is limited to claims or legal theories presented by the motion.
(d) A moving party shall have 10 days from the service of the respondent's answering brief, affidavits, or other supporting documents to serve and file a reply brief, limited to the claims or legal theories presented by the motion.
Page 23 | 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
For motions other than summary judgment or dismissal motions, the moving party must file the motion and supporting materials with the clerk no later than 10 business days before the hearing.
If a moving party desires to file a brief, affidavit, or other documents in support of a motion other than one for summary judgment or dismissal, such motion and supporting materials shall be served upon all attorneys of record and/or parties not represented by counsel and filed with the clerk of circuit court no later than ten business days before the time specified for the hearing.
Page 23 | 204.3 BRIEFING OF OTHER MOTIONS
A respondent must file responsive materials within 20 days after service of the moving party’s motion, unless the respondent waives the right to file them in writing.
(c) A respondent shall have 20 days from the service of the moving party’s motion to serve and file a brief, affidavits, or other supporting documents, or waive in writing the right to do so.
Page 23 | 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
Opposition briefs and supporting materials must be filed with the clerk no later than five business days before the hearing.
Response briefs, affidavits, or other supporting documents in opposition to such motions must be received by the moving party and filed with the clerk of circuit court no later than five business days prior to the hearing of the motion.
Page 23 | 204.3 BRIEFING OF OTHER MOTIONS
Copies of non-Wisconsin authorities must be filed with the court at the same time as the brief.
(c) Copies of non-Wisconsin authorities shall be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).
Page 24 | 204.4 LIMITATION ON LENGTH OF BRIEFS; CITATION OF NON -WISCONSIN JURISDICTIONS
A jury demand must be made before or at the scheduling conference.
Pursuant to sections 805.01(2) and 814.61(4), Wis. Stats., any jury demand must be made prior to or at the scheduling conference.
Page 25 | 205.1 PAYMENT OF JURY FEE AND JURY COST ASSESSMENTS
Except in eviction actions, a defendant may avoid appearing on the initial return date by filing a written answer and serving a copy on the plaintiffs, received by both by noon on the last business day before the return date.
Except for eviction actions, a defendant need not appear on the initial return date if the defendant has filed a written answer with the court, with a copy to plaintiff(s), in a timely fashion such that the answer is received by the clerk of court and the plaintiff(s) no later than 12:00 noon on the last business day prior to the return date.
Page 26 | 207.4 APPEARANCE ON RETURN DATE
Except in eviction actions, a plaintiff may avoid appearing on the return date by filing a letter of appearance and affidavit of non-military service received by the clerk by noon on the last business day before the initial return date.
Except for eviction actions, a plaintiff need not appear on the return date if the plaintiff has filed a letter of appearance and affidavit of non-military service in a timely fashion such that it is received by the clerk of court no later than 12:00 noon on the last business day prior to the initial return date.
Page 26 | 207.4 APPEARANCE ON RETURN DATE
All required affidavits, findings, and judgment papers must be filed at least three days before the motion hearing.
All required affidavits, findings and judgment papers are filed at least three days prior to the motion hearing date.
Page 28 | 210.1 DEFAULT JUDGMENT
All required affidavits and proposed orders must be filed at least three days before the hearing.
All required affidavits and proposed orders are filed at least three days prior to the hearing date.
Page 28 | 210.2 CONFIRMATION OF SHERIFF’S SALE
Sworn financial statements of both parties must be filed before the final hearing.
The following documents must be filed prior to the final hearing: (a) Sworn financial statements of both parties.
Page 30 | 303.3 MATERIALS FOR FINAL HEARING
The notice requesting rehearing must be sent at least ten days before the scheduled hearing date.
A party requesting a rehearing on ten (10) day notice shall send a notice to all other parties and the court at least ten (10) days prior to the scheduled hearing date.
Page 32 | 305.1 TEMPORARY ORDERS
A party may object to the proposed fee order within ten days after receipt.
The GAL must send a copy of the proposed order on fees to all interested parties, giving any party a right to object within ten (10) days of receipt of the proposed order.
Page 32 | 304.4 PETITION FOR PAYMENT OF GUARDIAN AD LITEM FEES
The findings, conclusions, and judgment must be filed after the parties sign and attorneys review them, and no later than 30 days after judgment is granted.
After the parties sign and attorneys review them, but no later than thirty (30) days following the granting of the judgment, the findings of fact, conclusions of law and judgment of divorce or paternity shall be filed.
Page 34 | 308.1 FINAL PAPERS
The moving party must file its notice of motion and motion for de novo review within 20 calendar days of the oral decision or, if none was given, mailing of the written decision or order.
The moving party must then file its notice of motion and motion for de novo review within 20 calendar days of the commissioner’s oral decision, or within 20 calendar days of the mailing of the commissioner’s written decision or order if the decision or order was not given orally at the time of the hearing.
Page 34 | 307.2 REVIEW OF DECISIONS OF A COURT COMMISSIONER
The evaluation request is due when the guardianship petition is filed, and the evaluation must be filed before the hearing.
(c) Protective placement petition. If a protective placement petition is part of a guardianship petition, the moving party shall at the time of filing the petition request the Ozaukee County Department of Health and Human Services to complete a comprehensive evaluation of the proposed ward and file it with the court prior to the hearing.
Page 39 | 405.2 GUARDIANSHIP AND PROTECTIVE PLACEMENT
The moving party must file the notice of motion and motion within five days after obtaining the hearing date, or the hearing time will be released and the motion may be rejected.
The moving party must file its notice of motion and motion within 5 days after obtaining the hearing date from the judicial assistant. Failure to file the motion within 5 days will result in the time set aside for the hearing being released, and the motion may be rejected by the Clerk of Circuit Court.
Page 41 | 501.1 MOTIONS BEFORE TRIAL
In a criminal matter where the defendant is self-represented or defense counsel has withdrawn, the DA’s office must respond within 10 days of electronic notification; if no response is filed, the DA’s office is presumed to take no position.
In any criminal matter where the defendant is representing his/herself and/or defense attorney is withdrawn from further representation, any correspondence by the defendant to the court requesting court action must be responded to by the DA’s office within 10 days of electronic notification of said correspondence. If no response is filed, it will be presumed the DA’s office is not taking a position on said request.
Page 43 | RULE 510: TIME TO RESPOND
The party sending a facsimile document is solely responsible for ensuring that it is received completely and on time.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
Page 13 | 103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
The court is not responsible for transmission errors or failures, missing or illegible documents, or periods when its facsimile machine is not operational.
The court is not responsible for: (1) Errors or failures in transmission that result in missing or illegible documents. (2) Periods when a facsimile machine is not operational for any reason.
Page 13 | 103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court.
If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court.
Page 20 | 202.2 LIMITATION ON INTERROGATORIES
The court may disregard a motion, brief, affidavit, or other supporting document that is served or filed untimely.
Any motion, brief, affidavit, or other supporting documents served and/or filed in an untimely fashion may be disregarded by the court.
Page 24 | 204.5 UNTIMELY SERVICE AND/OR FILING
The court may disregard briefs that exceed the permitted length.
(b) Briefs in excess of the permitted length may be disregarded by the court.
Page 24 | 204.4 LIMITATION ON LENGTH OF BRIEFS; CITATION OF NON -WISCONSIN JURISDICTIONS
To the extent possible, requests for mediation or appointment of a guardian ad litem shall be made far enough in advance of a hearing scheduled to address custody or placement issues such that the mediation may be accomplished, or the guardian ad litem appointed, prior to any such hearing.
To the extent possible, requests for mediation or appointment of a guardian ad litem shall be made far enough in advance of a hearing scheduled to address custody or placement issues such that the mediation may be accomplished, or the guardian ad litem appointed, prior to any such hearing.
Page 31 | 304.1 FORMS, INSTRUCTIONS AND PROCEDURES
An order may provide for a rehearing on ten days’ notice.
An order may provide for rehearing on ten (10) day notice.
Page 32 | 305.1 TEMPORARY ORDERS
Service and Proof of Service Rules
The party filing a document must serve a copy on all interested parties or, for a party with counsel of record, on that attorney.
The party submitting any document to the court for filing is responsible for serving a copy of the document upon all interested parties to the matter or, if there is an attorney of record for any party, to that attorney.
Page 12 | 103.2 FILING OF DOCUMENTS
When submitting a proposed order or judgment, the submitting party must simultaneously provide a copy to all other attorneys of record and unrepresented parties.
The submitting party shall transmit the proposed order or judgment to the court with a letter indicating that a copy of the proposed order or judgment is simultaneously being provided to all other attorneys of record and all unrepresented parties.
Page 19 | 201.3 FIVE (5) DAY RULE; RULE ON SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS
A copy of a written objection to a proposed order or judgment must be provided simultaneously to all attorneys of record and unrepresented parties.
A copy of the written objection must be simultaneously provided to all attorneys of record and all unrepresented parties.
Page 20 | 201.3 FIVE (5) DAY RULE; RULE ON SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS
Witnesses appearing electronically must receive copies of documents they will testify about before the hearing, and counsel or unrepresented parties must receive copies when testimony about each document is given.
(d) Witnesses who are to appear by telephone or other electronic media shall be provided with copies of any documents from or about which they will testify in advance of the hearing. Copies of those documents shall be provided to counsel or unrepresented parties at the time of the testimony regarding such document.
Page 21 | 203.2 EVIDENTIARY PROCEEDINGS
The requesting party must notify all other parties of the court’s decision on the written stipulation for electronic testimony.
The requesting party shall notify all other parties of the court’s determination.
Page 21 | 203.2 EVIDENTIARY PROCEEDINGS
Copies of all pleadings must be given to the opposing side and, where applicable, the prosecuting agency.
Copies of all pleadings must be given to the opposing side and/or prosecuting agency.
Page 22 | 204.001 COURT ACTION
The moving party must serve the notice of motion and motion, order to show cause, and other documents on the nonmoving parties as required by statute, and file proof of service with the court.
(c) The moving party is responsible for service of the notice of motion and motion, order to show cause, and all other documents on the non-moving party or parties in the manner required by statute, and for filing proof of such service with the court.
Page 22 | 204.01 MOTION DATES
For motions other than summary judgment or dismissal motions, the moving party must serve the motion and supporting materials on all attorneys of record and unrepresented parties no later than 10 business days before the hearing.
If a moving party desires to file a brief, affidavit, or other documents in support of a motion other than one for summary judgment or dismissal, such motion and supporting materials shall be served upon all attorneys of record and/or parties not represented by counsel and filed with the clerk of circuit court no later than ten business days before the time specified for the hearing.
Page 23 | 204.3 BRIEFING OF OTHER MOTIONS
Opposition briefs and supporting materials must be received by the moving party and filed with the clerk no later than five business days before the hearing.
Response briefs, affidavits, or other supporting documents in opposition to such motions must be received by the moving party and filed with the clerk of circuit court no later than five business days prior to the hearing of the motion.
Page 23 | 204.3 BRIEFING OF OTHER MOTIONS
The moving party must serve a reply brief within 10 days after service of the respondent’s answering materials, and the reply is limited to claims or legal theories presented by the motion.
(d) A moving party shall have 10 days from the service of the respondent's answering brief, affidavits, or other supporting documents to serve and file a reply brief, limited to the claims or legal theories presented by the motion.
Page 23 | 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
A respondent must serve responsive materials within 20 days after service of the moving party’s motion, unless the respondent waives the right to file them in writing.
(c) A respondent shall have 20 days from the service of the moving party’s motion to serve and file a brief, affidavits, or other supporting documents, or waive in writing the right to do so.
Page 23 | 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
Copies of non-Wisconsin authorities must be provided to all other attorneys and unrepresented parties at the same time as the brief.
(c) Copies of non-Wisconsin authorities shall be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).
Page 24 | 204.4 LIMITATION ON LENGTH OF BRIEFS; CITATION OF NON -WISCONSIN JURISDICTIONS
The summons and complaint must be served on each named defendant personally or by substituted service; service by mail is prohibited.
The summons and complaint must be served on each named defendant by personal service or substituted service. Service by mail is not allowed.
Page 25 | 207.3 SERVICE OF SUMMONS
All parties must receive notice of a trial-adjournment request simultaneously.
Notice of such a request must be made simultaneously to all parties.
Page 25 | 205.2 ADJOURNMENTS
A written pretrial-adjournment request to the clerk must also be copied to the opposing party.
Requests for an adjournment of a pretrial conference must be made to the clerk of court in writing, together with a copy sent to the opposing party.
Page 26 | 207.7 REQUEST FOR ADJOURNMENT OF PRETRIAL
The defendant must provide a copy of the written answer to the plaintiff or plaintiffs by the stated deadline.
Except for eviction actions, a defendant need not appear on the initial return date if the defendant has filed a written answer with the court, with a copy to plaintiff(s), in a timely fashion such that the answer is received by the clerk of court and the plaintiff(s) no later than 12:00 noon on the last business day prior to the return date.
Page 26 | 207.4 APPEARANCE ON RETURN DATE
A hearing date must be obtained and all defendants must receive notice stating that judgment will be granted unless someone appears to object.
A hearing date is obtained and notice is given to all defendants, which notice shall indicate that judgment will be granted on that date unless anyone appears to object.
Page 27 | 210.1 DEFAULT JUDGMENT
A party requesting waiver or apportionment of a deposit must notify the other party.
A party requesting waiver or apportionment of the deposit must provide notice to the other party.
Page 31 | 304.1 FORMS, INSTRUCTIONS AND PROCEDURES
The guardian ad litem must send the proposed fee order to all interested parties, and any party may object within ten days after receiving it.
The GAL must send a copy of the proposed order on fees to all interested parties, giving any party a right to object within ten (10) days of receipt of the proposed order.
Page 32 | 304.4 PETITION FOR PAYMENT OF GUARDIAN AD LITEM FEES
A party requesting rehearing on ten-day notice must send notice to all other parties and the court at least ten days before the scheduled hearing.
A party requesting a rehearing on ten (10) day notice shall send a notice to all other parties and the court at least ten (10) days prior to the scheduled hearing date.
Page 32 | 305.1 TEMPORARY ORDERS
The moving party is solely responsible for serving the notice of motion and motion on the other parties.
The moving party is solely responsible for service of the notice of motion and motion on other parties.
Page 41 | 501.1 MOTIONS BEFORE TRIAL
If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court.
If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court.
Page 20 | 202.2 LIMITATION ON INTERROGATORIES
Anyone sending correspondence to the court must send a copy to the opposing party or that party’s attorney if represented.
All parties sending correspondence to the court shall send a copy to the opposing party or parties or, if a party is represented by an attorney, to that party's attorney.
Page 43 | RULE 506: CORRESPONDENCE
Filing Fees and Waivers
All statutory filing fees must be paid in full before the court accepts a document.
All statutory filing fees must be paid in full prior to the acceptance of any document by the court.
Page 12 | 103.2 FILING OF DOCUMENTS
Copies of court-file documents may not be transmitted by facsimile until the appropriate costs have been received in advance.
Copies of documents from court files shall not be transmitted by facsimile machine without the appropriate costs being received in advance
Page 13 | 103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
Jury fees are due on the scheduling conference date unless the court provides otherwise, and untimely payment waives the right to a jury trial.
Jury fees are due on the date of the scheduling conference or as otherwise provided for by the court. Untimely payment shall constitute a waiver of the right to a jury trial.
Page 25 | 205.1 PAYMENT OF JURY FEE AND JURY COST ASSESSMENTS
In adoption cases, a $250 deposit must be made to the appointed attorney’s trust account before any work begins.
In adoption cases, a deposit of $250 shall be made into the trust account of the appointed attorney prior to the commencement of any work.
Page 25 | RULE 206: GUARDIAN AD LITEM IN ADOPTION CASES
A will of a living person filed for safekeeping must be accompanied by the statutory fee.
Wills of living persons filed for safekeeping shall be accompanied by the statutory fee
Page 36 | RULE 403: ESTATE MATTERS — 403.1 WILLS
A filing fee based on the value of the property must be paid before the court issues an order or certificate in the listed summary probate proceedings.
Prior to the court issuing an order or certificate in a summary settlement, summary assignment, summary confirmation of interest in property, or determination of descent of property, a filing fee shall be paid based on the value of property subject to the summary settlement, summary assignment, summary confirmation of interest in property, or determination of descent of property.
Page 37
The court may assess jury costs, including the clerk’s trial-preparation time, when a civil jury trial settles within two business days of the scheduled trial date.
If a civil jury trial is settled within two business days of a scheduled trial date, the court may assess jury costs. Costs may include the clerk’s time spent in preparation of jury trial.
Page 25 | 205.1 PAYMENT OF JURY FEE AND JURY COST ASSESSMENTS
No filing fee is required for a facsimile document meeting the stated filing conditions.
No filing fee is required.
Page 13 | 103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
The clerk of court makes a small-claims informational packet available for a nominal fee.
An informational packet relating to small claims procedures is available from the clerk of court for a nominal fee.
Page 25 | 207.1 INFORMATION FROM THE CLERK OF COURT
Sealing & Redaction Procedures
The confidentiality of appropriate paternity records must be maintained as required by law.
The confidentiality of all appropriate paternity records shall be maintained pursuant to law.
Page 15 | 105.4 PATERNITY RECORDS
Expunged criminal-record cases are inaccessible without a court order, and the clerk must take steps to preserve their confidentiality.
Any case in which a criminal record has been expunged shall be closed to access to anyone without a court order authorizing access to the file. The clerk of circuit courts shall take appropriate steps to ensure confidentiality of all expunged criminal records.
Page 15 | 105.1 EXPUNGED CRIMINAL RECORDS
In divorce actions, only parties and attorneys of record may view or copy financial disclosure statements and other confidential financial information.
Only parties to the action and attorneys of record will be allowed to view and copy financial disclosure statements and other confidential financial information in divorce actions.
Page 15 | 105.2 FINANCIAL RECORDS IN DIVORCE CASES
Medical and hospital records must be filed confidentially and remain accessible only to parties and attorneys of record, with no copies, until introduced at trial; the rule excludes specified vehicle-related criminal or forfeiture records.
Filers must file medical and hospital records as confidential documents. Medical and hospital records remain confidential when filed with the court until such time, if any, as they are introduced into evidence at trial. Until then, only parties to the action and attorneys of record may view medical and hospital records. No copies may be made. This rule does not apply to medical and hospital records relating to blood testing for the presence of alcohol and/or controlled substances or other drugs in a criminal or forfeiture action involving the operation of a vehicle.
Page 15 | 105.3 MEDICAL AND HOSPITAL RECORDS
An unrepresented party must obtain court permission before disclosing report information or providing a report copy to anyone else, including a professional they consult or retain.
If any unrepresented party desires to disclose the information contained in the report(s) or to provide a copy of a report to any other person, including professionals they wish to consult or retain, they must obtain court permission to do so.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
Attorneys of record and guardians ad litem may share report information and copies with consulted or retained professionals only to further the litigation, and those professionals must maintain confidentiality.
Attorneys of record and any guardian ad litem may disclose information contained in the report(s) and provide copies of the report(s) to professionals they consult or retain only to further the subject litigation. Said professionals shall maintain the confidentiality of the report(s) and the information they contain.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
An unrepresented party may review a report at the Clerk of Circuit Court's office but may not receive or make a copy or take notes.
An unrepresented party may review in the office of the Clerk of Circuit Court, but not receive or make a copy or notes of the report(s).
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
Custody, visitation, and psychological-evaluation reports and their contents are confidential, must be kept confidential by attorneys, guardians ad litem, and parties, and may not be disclosed to people unassociated with the litigation.
All records and reports related to custody and visitation studies and psychological evaluations (herein after called “reports”) and the information they contain are confidential. Attorneys of record, any guardian ad litem, and all parties, whether represented or unrepresented, shall maintain the confidentiality of said report(s) and the information they contain. Said report(s) and information shall not be disclosed to anyone not associated with the pending litigation.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
Attorneys may not provide copies of the reports to any party.
Attorneys shall not provide a copy to any of the parties.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
Anyone in the listed categories who obtains a report may disclose it or its contents only to a party to the case or the previously identified professionals.
Attorneys of record, any guardian ad litem, and represented and unrepresented parties who obtain a copy of the report shall not disclose the report(s) or the information contained in them to any person other than a party to the case or the above-mentioned professionals.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
Pre-sentence investigations are confidential and may be viewed only by attorneys of record or unrepresented defendants.
Pursuant to Wis. Stat. Sec. 972.15(4) pre-sentence investigations are confidential and may be viewed only by the attorneys of record or unrepresented defendants
Page 16 | 105.5 PRE-SENTENCE INVESTIGATIONS
Reports from professionals consulted or retained outside a court order by an attorney, guardian ad litem, or unrepresented party are also subject to the confidentiality rule.
In cases where an attorney, guardian ad litem or an unrepresented party consults with and/or retains any professional(s) not ordered by the court, the report(s) of such professionals shall also be subject to this confidentiality rule.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
A party may review a report with their attorney but may not take notes.
A party may review a copy of the report with his or her attorney, but may not take notes.
Page 16 | 105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
When no written or clear statutory policy governs access to confidential records, the clerk of circuit courts decides access in the clerk's discretion.
In situations not covered by written policy or clear statutory policy, the clerk of circuit courts shall exercise discretion when deciding who has access to confidential records.
Page 16 | 105.7 OTHER SITUATIONS
The circuit court may authorize disclosure of confidential information and, where law permits, classify files or portions of files as confidential.
The circuit court retains the authority to authorize disclosure of otherwise confidential information as well as the authority, where permitted by law, to classify files or parts of files as confidential
Page 16 | 105.7 OTHER SITUATIONS
Pre-Motion Conference Requirements
All motions relating to discovery or production of documents pursuant to Chapter 804, Stats., or any motion to serve additional interrogatories pursuant to Rule 202.2 must be accompanied by an affidavit or declaration by the moving party that, after consultation in person or by electronic communication with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord.
All motions relating to discovery or production of documents pursuant to Chapter 804, Stats., or any motion to serve additional interrogatories pursuant to Rule 202.2 must be accompanied by an affidavit or declaration by the moving party that, after consultation in person or by electronic communication with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord.
Page 21 | 202.3 DISCOVERY MOTIONS
For these motions, the respondent has 20 days after service of the motion to serve and file responsive materials or waive them in writing, and the moving party has 10 days after service of the response materials to serve and file a reply limited to the motion’s claims or theories; failure to meet either deadline waives the filing, unless a court order prescribes a different procedure.
(c) A respondent shall have 20 days from the service of the moving party’s motion to serve and file a brief, affidavits, or other supporting documents, or waive in writing the right to do so. If the respondent fails to file any brief, affidavits, or other supporting documents, or a waiver of the same within the 20-day period, it shall be presumed that respondent has waived the right to do so. (d) A moving party shall have 10 days from the service of the respondent's answering brief, affidavits, or other supporting documents to serve and file a reply brief, limited to the claims or legal theories presented by the motion. The failure to timely file a reply brief shall be considered a waiver of the right to do so. (e) A court order may prescribe a procedure different from this rule.
Page 23 | 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
Before filing a motion to dismiss or summary judgment motion, the moving party must obtain a hearing date and time at least 40 days after the anticipated filing date from the assigned judge’s judicial assistant, or from the court commissioner for small claims matters.
(a) Prior to filing a motion to dismiss under Wis. Stat. s. 802.06 or a motion for summary judgment under Wis. Stat. s. 802.08, the moving party shall obtain from the judicial assistant of the assigned judge (or court commissioner for small claims matters) a hearing date and time not less than 40 days from the anticipated date of filing of the motion.
Page 23 | 204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
Before seeking permission to serve additional interrogatories, a party should promptly try to reach a written stipulation; if that effort fails, the party may move for permission and the motion must explain why the relief is necessary.
If a party believes that additional interrogatories are necessary, the party should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the court pursuant to Rule 202.3 for permission to serve additional interrogatories. The motion shall state the necessity for the relief requested.
Page 20 | 202.2 LIMITATION ON INTERROGATORIES
Adjournment & Extension Requirements
Only the moving party may adjourn a hearing without a motion or filed written stipulation, and the request must be in writing; exceptions may be made for qualifying guardian ad litem calendar conflicts or additional investigation time.
The moving party for any hearing is the only party who can adjourn that hearing without a motion or written stipulation filed, but said request must be submitted in writing. Exceptions to this rule may be made for guardian ad litem who have calendar conflicts and who were not consulted on date selection; or who legitimately need more time to investigate and make recommendations to the party and the court.
Page 24 | 204.6 ADJOURNMENTS FOR HEARINGS OTHER THAN TRIAL
A trial adjournment requires court permission, and the request must be written and state specific reasons.
Matters scheduled for trial may be adjourned only with the permission of the court. All requests for adjournment of a trial must be made in writing. Any such request shall set forth specific reasons for the request.
Page 25 | 205.2 ADJOURNMENTS
A pretrial adjournment request must be written, sent to the clerk with a copy to the opposing party, received at least ten days before the scheduled date, and supported by good cause as determined by the court.
Requests for an adjournment of a pretrial conference must be made to the clerk of court in writing, together with a copy sent to the opposing party. The request must be received by the clerk of court not less than ten days prior to the scheduled date. Cases will not be adjourned unless good cause is determined by the court.
Page 26 | 207.7 REQUEST FOR ADJOURNMENT OF PRETRIAL
If an estate cannot close within the statutory time, an extension petition stating the reasons and a proposed order must be filed, and the court will decide individually whether a hearing on notice is required.
When an estate cannot be closed within the statutory time limits, a petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court. A proposed order shall be submitted, and the court will review each request individually to determine whether or not a hearing on notice is required.
Page 38 | 403.7 EXTENSIONS OF TIME
To reschedule a court date out of court, the party must check available dates with the deputy clerk, determine the opposing party’s position and agree on a date if there is no objection, then notify the clerk; an objection requires a formal motion for rescheduling.
Any party wishing to reschedule a court date out-of-court shall follow this procedure: (a) The rescheduling party shall contact the court’s deputy clerk to determine available dates for rescheduling; (b) The rescheduling party shall contact the opposing party to determine whether it objects to the rescheduling and, if there is no objection, agree upon a date; (c) The rescheduling party shall again contact the court’s deputy clerk to advise whether the opposing party objects. If there is no objection, the rescheduling party shall advise as to the agreed upon new date. If there is an objection, the rescheduling party shall submit a formal motion for rescheduling which shall be heard by the court.
Page 42 | 503.1 OUT-OF-COURT RESCHEDULING
Before the court takes the bench, a party seeking an in-court adjournment must check their calendar and tentatively schedule a new date with the deputy clerk at check-in; the court must approve the date on the record.
Any party intending to ask the court on the record to adjourn proceedings to a new date shall consult his/her calendar and tentatively schedule the new date with the court’s deputy clerk at the time of checking in, prior to the court taking the bench. The new date must still be approved by the court on the record.
Page 42 | 503.2 IN-COURT ADJOURNMENT
(g) When scheduling hearings, meetings and conferences, judges, lawyers, litigants, clerks, and staff shall be considerate of the time schedules of the participants and shall grant reasonable extensions of time when such extensions will not adversely affect the court calendar or clients' interests.
(g) When scheduling hearings, meetings and conferences, judges, lawyers, litigants, clerks, and staff shall be considerate of the time schedules of the participants and shall grant reasonable extensions of time when such extensions will not adversely affect the court calendar or clients' interests.
Page 11
If the responding party refuses consent, the requesting party may seek a written ruling and must schedule a mutually convenient hearing date; absent that, the request will be heard on the originally scheduled date, and costs may be assessed in the stated circumstances.
If a responding party refuses to consent to an adjournment request, the party may move the Court in writing to rule on the adjournment request. It is the obligation of the requesting party to schedule a mutually convenient date for a hearing on the adjournment request. The date may be arrived at through a conference call with the appropriate court clerk, all the other attorneys, and any unrepresented parties. Otherwise, any adjournment request will be heard on the date of the originally scheduled hearing, and the court will rule as to whether the adjournment should be granted or whether the hearing will proceed as scheduled. Costs may be assessed against parties or attorneys who unreasonably refuse adjournment requests, or whose interests are unfairly impacted.
Page 24 | 204.6 ADJOURNMENTS FOR HEARINGS OTHER THAN TRIAL
The listed tax-related circumstances or pending litigation ordinarily qualify for one six-month estate-closing extension when the required petition is filed; pending litigation requires case information.
The following reasons ordinarily will qualify for a single six (6) month extension of time to close the estate, upon the filing of the required petition: (1.) The federal estate tax return has been timely filed and the estate tax audit has not been completed (2.) The final federal and state income tax returns have been timely filed but the closing certificate for fiduciaries has not been received from the Wisconsin Department of Revenue; or (3.) The estate is involved in pending litigation (case information must be provided).
Page 38 | 403.7 EXTENSIONS OF TIME
The court will review all other grounds for an extension request.
All other grounds for any request for extension of time will be reviewed by the court.
Page 38 | 403.7 EXTENSIONS OF TIME
Chambers Communication Rules
A party must notify the court as soon as reasonably possible after learning that someone involved in the court process requires an interpreter.
A party shall notify the court as soon as reasonably possible upon learning that any party, witness, victim, guardian, or other person requires an interpreter to participate in the court process.
Page 18 | RULE 109: NOTICE OF NEED FOR INT EREPETER
When all parties stipulate in writing to electronic testimony, the requesting party must notify the deputy court clerk or calendar clerk at least 24 hours before the testimony; the court may approve or reject the stipulation.
(b) If all parties stipulate in writing to the admission of telephone or other electronic media testimony, the requesting party shall notify the deputy court clerk or calendar clerk of such stipulation at least twenty-four (24) hours prior to the scheduled testimony. The court may approve or reject such stipulation. The requesting party shall notify all other parties of the court’s determination.
Page 21 | 203.2 EVIDENTIARY PROCEEDINGS
A party intending to appear in person at a telephonic hearing must notify the court and the other parties at least 24 hours beforehand; other participants may still appear by telephone.
(d) If a party intends to be personally present at a hearing scheduled as a telephonic proceeding, such party shall notify the court and all counsel of record and/or parties not represented by counsel of record of such intent at least twenty-four (24) hours prior to the hearing. Such election to appear personally shall not mandate the presence of other counsel of record or parties not represented by counsel of record, who may elect to appear telephonically.
Page 21 | 203.1 NON-EVIDENTIARY PROCEEDINGS
Before filing a motion, order to show cause, or petition requiring a hearing, the moving party must obtain a hearing date and time from the presiding judge’s or commissioner’s judicial assistant and provide the estimated hearing length.
(a) Prior to filing any motion, order to show cause, or petition requiring a hearing, the moving party shall obtain a date and time for hearing from the judicial assistant for the judge or court commissioner who will preside at the hearing. The moving party shall advise the judicial assistant of the estimated length of time required for the matter to be heard.
Page 22 | 204.01 MOTION DATES
A party seeking de novo review must obtain the hearing date and time from the branch's judicial assistant.
The party seeking de novo review must first obtain a date and time for the de novo hearing from the judicial assistant for the branch.
Page 34 | 307.2 REVIEW OF DECISIONS OF A COURT COMMISSIONER
Before filing a written motion, the moving party must obtain a hearing date and time from the assigned judge’s judicial assistant.
Prior to filing any written motion with the Court, the moving party shall obtain a motion hearing date and time from the judicial assistant for the assigned judge.
Page 41 | 501.1 MOTIONS BEFORE TRIAL
A party seeking an in-court adjournment must contact the deputy clerk at check-in, before the court takes the bench, to tentatively schedule a new date.
Any party intending to ask the court on the record to adjourn proceedings to a new date shall consult his/her calendar and tentatively schedule the new date with the court’s deputy clerk at the time of checking in, prior to the court taking the bench.
Page 42 | 503.2 IN-COURT ADJOURNMENT
A party seeking an out-of-court rescheduling must contact the deputy clerk to determine available dates and then report the opposing party’s position and any agreed date.
Any party wishing to reschedule a court date out-of-court shall follow this procedure: (a) The rescheduling party shall contact the court’s deputy clerk to determine available dates for rescheduling; (b) The rescheduling party shall contact the opposing party to determine whether it objects to the rescheduling and, if there is no objection, agree upon a date; (c) The rescheduling party shall again contact the court’s deputy clerk to advise whether the opposing party objects. If there is no objection, the rescheduling party shall advise as to the agreed upon new date. If there is an objection, the rescheduling party shall submit a formal motion for rescheduling which shall be heard by the court.
Page 42 | 503.1 OUT-OF-COURT RESCHEDULING
Equipment reservations are handled first-come, first-served, and litigants must request them through the deputy clerk.
Reservations shall be on a first-come, first-served basis. Litigants shall make reservation requests through the deputy clerk.
Page 17 | RULE 107: COURTROOM EQUIPMENT POLICY: RESERVATION SCHEDULE
Deposit waiver or apportionment requests may be addressed by telephone conference with the court commissioner if all parties or their attorneys are included.
Deposit waiver or apportionment requests may be addressed to the court commissioner by telephone conference so long as all parties or their attorneys are included on said telephone conference.
Page 31 | 304.1 FORMS, INSTRUCTIONS AND PROCEDURES
If an original Will has been filed and a WL case number has been assigned, a future probate matter filed shall be filed as a new case and the court should be contacted to request the Will be assigned to the new case.
If an original Will has been filed and a WL case number has been assigned, a future probate matter filed shall be filed as a new case and the court should be contacted to request the Will be assigned to the new case.
Page 36 | RULE 403: ESTATE MATTERS — 403.1 WILLS
Guardianship-file information must not be provided over the phone.
and in no case shall information be provided over the phone.
Page 40 | 405.2 GUARDIANSHIP AND PROTECTIVE PLACEMENT
If an excusal request is denied and the potential juror remains dissatisfied, the juror may request that the application be forwarded to the jury judge.
8. If a request is denied and the potential juror is still not satisfied, they can request that their application be forwarded to the jury judge.
Page 18 | RULE 108: GUIDELINES FOR POTENTIAL JURORS
A mutually convenient hearing date for an adjournment request may be arranged by conference call with the appropriate court clerk, other attorneys, and unrepresented parties.
The date may be arrived at through a conference call with the appropriate court clerk, all the other attorneys, and any unrepresented parties.
Page 24 | 204.6 ADJOURNMENTS FOR HEARINGS OTHER THAN TRIAL