Ozaukee County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Summons and complaint

At filing, the plaintiff must provide the original and at least one copy of the summons and complaint unless the plaintiff is a mandated electronic filer.

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.

CRITICAL

Applies to

Comprehensive evaluation

When a protective placement petition is part of a guardianship petition, the moving party must request the Department to complete an evaluation when filing and have it filed with the court 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.

CRITICAL

Applies to

Written motion

A written motion must state the relief sought, the legal basis for that relief, and facts supporting the request.

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.

CRITICAL

Applies to

Petition for approval of minor settlement

A minor-settlement approval petition must include a concise statement of the listed information.

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.

CRITICAL

Applies to

Sworn financial statements of both parties

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.

CRITICAL

Applies to

Guardian ad litem fee payment request

An indigent party seeking county payment of guardian ad litem fees must file the paperwork required by Rule 304.4(3).

Any Indigent party seeking payment of guardian ad litem fees by Ozaukee County shall file the paperwork required by Rule 304.4(3).

CRITICAL

Applies to

Guardian ad litem fee petition

Guardian ad litem fees may be paid only upon the guardian ad litem’s petition and court approval.

Payment of guardian ad litem (GAL) fees will be made only upon petition by the guardian ad litem as approved by the court.

CRITICAL

Applies to

De novo hearing exhibits

Parties must bring new copies of all exhibits to a De Novo hearing; previously admitted exhibits will not be accepted for use there.

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.

CRITICAL

Applies to

Motion

A moving party must include a completed standard state form if one exists; otherwise, the party must send a proposed order consistent with the requested relief.

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.

CRITICAL

Applies to

Extension request

Must include

proposed order

An extension request must be accompanied by a proposed order.

A proposed order shall be submitted

CRITICAL

Applies to

Independently filed matter

Independently filed matters by represented litigants will not be scheduled or considered until it is verified that the litigant consulted their attorney.

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.

CRITICAL

Applies to

Rehearing notice

A rehearing notice must describe the issues the party will raise at the hearing.

The notice shall describe the issues to be raised by the party at that hearing.

CRITICAL

Applies to

Judgment of divorce

The listed support-related notices and, if child support is held open, notice of interest on arrearages must also be included.

also be included: notice of payment of receiving and disbursing fees by a payer of child or family support or maintenance; notice of address change, change of employer, and substantial change of income (and the effect of such notification); and if child support is held open, notification of interest on arrearages.

CRITICAL

Applies to

Attorney fee reasonableness affidavit

An affidavit establishing the reasonableness of attorney fees must be filed.

An affidavit to establish reasonableness of attorney’s fees is filed.

CRITICAL

Applies to

Discovery motion

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.

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.

CRITICAL

Applies to

Consent to act

If the parties will not seek county payment, an appointed guardian ad litem may charge standard hourly rates subject to court approval, and must disclose those rates to all parties upon filing a consent to act.

If guardian ad litem is appointed and parties will not seek payment by Ozaukee County, the guardian ad litem shall, subject to court approval, be entitled to charge their standard hourly rates which shall be disclosed to all parties upon filing a consent to act.

CRITICAL

Applies to

Marital settlement agreement

A signed marital settlement agreement must be submitted to the Clerk of Circuit Courts to obtain an uncontested default divorce hearing date.

A signed marital settlement agreement must be submitted to the Clerk of Circuit Courts.

CRITICAL

Applies to

Wisconsin closing certificate for fiduciaries

A Wisconsin closing certificate for fiduciaries must be filed before any estate closes unless the court grants a statutory exemption.

A Wisconsin closing certificate for fiduciaries must be filed with the court prior to the closing of any estate, unless exempted by the Court pursuant to statute

CRITICAL

Applies to

Hearing notice

The notice to defendants must state that judgment will be granted on the hearing date 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.

CRITICAL

Applies to

Judgment

Final marital settlement agreements or stipulations must be appended to the judgment and incorporated by reference.

Final marital settlement agreements or stipulations shall be appended to the judgment and shall be incorporated by reference therein.

CRITICAL

Applies to

Proposed order submission

A proposed order or judgment must be sent to the court with a letter identifying all recipients who are simultaneously being provided a copy.

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.

CRITICAL

Applies to

Guardian ad litem fee payment petition

All guardians ad litem must submit fee-payment petitions under section 304.4.

All GALs must submit petitions for payments for fees based on section 304.4.

CRITICAL

Applies to

Findings conclusions judgment

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.

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.

CRITICAL

Applies to

Waivers

Must include

proposed order

When the parties seek no hearing, they must submit proposed orders with the waivers.

Parties shall submit proposed orders with the waivers when no hearing is sought.

CRITICAL

Applies to

Future probate matter

If an original will has been filed and assigned a WL case number, a later probate matter must be filed as a 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

CRITICAL

Applies to

Mortgagee representative affidavit

A mortgagee representative's affidavit based on personal knowledge must provide the specified case, service, redemption-period, debt, Lis Pendens, and mortgage-holder information.

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.

CRITICAL

Applies to

Objection

For unrepresented parties, the guardian ad litem must clearly explain that objections must be written and filed with the court; an objection must state that a copy is being sent to all other parties and list their names.

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.

CRITICAL

Applies to

Non resident lawyer petition

A non-resident lawyer seeking to appear must petition the court in writing and identify the active State Bar member who will participate with the lawyer.

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.

CRITICAL

Applies to

Competency report

Each party must provide its own examining expert to prepare a competency report on the proposed ward.

(b) Examining expert. Parties shall provide their own examining expert to prepare a competency report on the proposed ward.

CRITICAL

Applies to

Notice of motion

The moving party may file the specified motion papers or petition only after obtaining a hearing date and time, which must be included in the filing.

(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).

CRITICAL

Applies to

Guardian ad litem petition

When service charges are approximately equal to the deposit, the guardian ad litem must petition the court to order additional deposits in an amount set 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.

CRITICAL

Applies to

Guardian ad litem fee petition

A guardian ad litem fee petition must state whether a deposit has been made to cover fees.

(b) State whether a deposit has been made to cover fees.

CRITICAL

Applies to

Electronically signed document

A non-e-filing party's electronic signature is prohibited unless a licensed attorney e-files the document with a certificate or audit trail and it was generated using a reputable platform; the attorney represents that the signature is valid.

Electronic signatures shall not be permitted for non-e-filing parties unless e-filed by a licensed attorney, and the electronically signed document is accompanied by a certificate or audit trail, and was generated using a reputable platform. By e-filing an electronically signed document of a non-e- filing party, the attorney submitting the electronically signed document is representing to the court that the signature is valid.

CRITICAL

Applies to

Guardian ad litem report

The appointed guardian ad litem must file a report with the court before the hearing.

(a) Guardian ad litem. The court will appoint guardian ad litem for the proposed ward, who will file a guardian ad litem report with the court prior to the hearing.

CRITICAL

Applies to

Stipulation or order

If a temporary-order stipulation or order addresses financial matters, its findings must state each party’s gross and net income or refer to a specific financial disclosure statement on file.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Guardian ad litem fee petition

Must include

proposed order

The guardian ad litem fee petition must include a proposed order incorporating the required findings.

(e) Submit a proposed order incorporating the required findings and proposed order.

CRITICAL

Applies to

Request

Requests for mediation, legal custody, placement studies, or a guardian ad litem must use the appropriate CCAP forms.

Requests for mediation, legal custody, physical placement studies, or appointment of a guardian ad litem must be made on the appropriate CCAP forms.

CRITICAL

Applies to

Will of living person filed for safekeeping

A will of a living person filed for safekeeping must include any other information the register in probate may require.

Wills of living persons filed for safekeeping shall be accompanied by the statutory fee and such other information as the register in probate may require.

CRITICAL

Applies to

Request for production response

A response or objection to a request for production of documents must repeat the request to which it refers.

A response or an objection to a request for production of documents shall recite the request to which it refers.

CRITICAL

Applies to

Judgment of divorce

A divorce judgment must include the full legal description of any real estate in which a party has an interest when the judgment is granted.

In the event that a party to a divorce action has any interest in real estate at the time the judgment of divorce is granted, the full and complete legal description of any such real estate must be included in the judgment of divorce.

CRITICAL

Applies to

Opening documents for summary settlement and summary assignment

Proof of heirship must be filed with all opening documents for summary settlement and summary assignment.

Proof of heirship must be filed with all opening documents for summary settlement and summary assignment.

CRITICAL

Applies to

Notice of motion

The moving party must file a notice of motion stating the hearing date together with the motion and supporting materials.

The moving party must then file a notice of motion containing the motion hearing date along with the motion and any supporting materials.

CRITICAL

Applies to

Discovery motion

A motion seeking permission to serve additional interrogatories must state why the requested relief is necessary.

The motion shall state the necessity for the relief requested.

CRITICAL

Applies to

Filing

Must include

caption, case number

Filed documents must identify the case name and number, court branch, filing type, and—where appropriate—the relief sought.

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.

CRITICAL

Applies to

Request for court action

Requests for court action must be presented by motion, petition, or order to show cause unless the court has previously permitted another format.

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.

CRITICAL

Applies to

Motion to confirm sheriffs sale

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.

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.

CRITICAL

Applies to

Guardian ad litem fee petition

If there is no deposit or it is insufficient, the petition must state the parties’ known financial circumstances or request financial disclosure statements when a party believes they cannot currently pay the fees.

(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.

CRITICAL

Applies to

Deposit waiver or apportionment request

Unless a party will pay the entire deposit, the party must file a sworn financial disclosure statement or affidavit of indigency with the waiver or apportionment request, or immediately after notice of the other party’s request.

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.

CRITICAL

Applies to

Guardian ad litem fee petition

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.

(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.