Ozaukee County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Will not subject to probate

A decedent’s will that will not be subject to probate proceedings may be filed only with an accompanying affidavit of no probate.

Wills of a decedent which will not be subject to any probate proceedings may be filed and shall be accompanied by an affidavit of no probate

CRITICAL

Applies to

Motion to reopen

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.

(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).

CRITICAL

Applies to

Vital statistics worksheet

A vital statistics worksheet must be brought to the final hearing.

The following must be brought to the final hearing: (a) Vital statistics worksheet

CRITICAL

Applies to

Request for admission response

A response or objection to a request for admission must repeat the request to which it refers.

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

CRITICAL

Applies to

Filed document

Filed documents must identify the drafter by name, address, email address, and telephone number; attorney drafters must also include their state bar number.

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.

CRITICAL

Applies to

Proposed order cover letter

The transmittal letter must include substantially similar Five Day Rule language explaining the objection deadline and simultaneous copy requirement.

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.”

CRITICAL

Applies to

Motion or order to show cause

A motion or order to show cause seeking to establish or modify support or maintenance must require both parties to submit completed financial disclosures and three months of income verification at the hearing.

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.

CRITICAL

Applies to

Custodian distribution

A court order is required for a custodian distribution to a minor exceeding $50,000 or when no guardian ad litem is appointed; the court may decide the matter with or without a hearing.

If a minor is to receive a distribution in a probate matter that exceeds $50,000, or if there is no guardian ad litem appointed, the distribution may be made to a custodian only with order of the court, with or without a hearing, in the discretion of the court.

CRITICAL

Applies to

Temporary restraining order request

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.

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.

CRITICAL

Applies to

Bankruptcy notice

A party with knowledge or notice of a bankruptcy proceeding involving a debtor who is a party to a pending matter must inform the court.

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.

CRITICAL

Applies to

Guardianship discharge action

A petition for discharge of the guardian, an order, and a hearing notice must be filed to initiate a competency-based discharge action.

A petition for discharge of a guardian and an order and notice for hearing will be filed to initiate the action.

CRITICAL

Applies to

Minor settlement petition

A petition for a minor settlement must be filed with a notice of hearing with the clerk of circuit court.

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.

CRITICAL

Applies to

Final estate account

The Final Estate Account form PR-1814 must be filed.

Final Estate Account form PR-1814 shall be filed.

CRITICAL

Applies to

Signed and notarized financial statements

When both parties appear without attorneys, each must submit a signed and notarized financial statement.

If both parties are appearing without an attorney, both parties must submit financial statements of each party, signed and notarized.

CRITICAL

Applies to

Guardian ad litem fee petition

A guardian ad litem fee petition must state the requested fee amount and include an itemization.

(a) State the amount of the requested fees, and attach an itemization.

CRITICAL

Applies to

Motion

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.

(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.

CRITICAL

Applies to

Paperwork required by Rule 304.3 and 304.4

Indigent parties seeking county payment of guardian ad litem fees must file the paperwork required by Rules 304.3 and 304.4.

Indigent parties who seek payment by Ozaukee County of guardian ad litem fees shall file the paperwork required by Rule 304.3 and 304.4.

CRITICAL

Applies to

Pleadings and motions

If the petition is granted, the active State Bar member must review documents filed with the court, and both lawyers must sign all pleadings and motions.

(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.

CRITICAL

Applies to

Electronically filed document

An electronic filing user’s signature on a document submitted through the electronic filing system must state “Electronically signed by” followed by the signatory’s name.

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.

CRITICAL

Applies to

Interrogatory response

An interrogatory answer or objection must repeat the interrogatory to which it refers.

An objection or an answer to an interrogatory shall recite the interrogatory to which it refers.

CRITICAL

Applies to

Foreclosure default judgment filing

Proof of service and a copy of the Lis Pendens must be on file in a foreclosure default-judgment case.

Proof of service and a copy of the Lis Pendens are on file.

CRITICAL

Applies to

Findings conclusions judgment

The petitioner's attorney drafts the final divorce or paternity papers and submits them for attorney review or, for an unrepresented party, approval under the five-day rule unless waived.

The findings of fact, conclusions of law and judgment of divorce or paternity shall be drafted by the petitioner's attorney, unless otherwise directed by the court. If any other party is represented by an attorney, the findings of fact, conclusions of law and judgment of divorce or paternity shall be submitted to that attorney for signature/review. If a party is not represented by an attorney, the findings of fact, conclusions of law and judgment of divorce or paternity shall be submitted to any such party for approval under the five (5) day rule unless the party or the court waives such requirement.

CRITICAL

Applies to

Notice of appearance or retainer

A party’s attorney must file a notice of appearance or retainer.

A notice of appearance or retainer shall be filed by a party’s attorney

CRITICAL

Applies to

Stipulation

If support is to be paid through the Wisconsin Support Collection Trust Fund, the child support agency must receive the parties’ names, addresses, and Social Security numbers, plus the payer’s employer name and address.

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.

CRITICAL

Applies to

Findings conclusions judgment

Findings, conclusions, and judgments must comply with statutory language requirements and exclude unnecessary or conflicting provisions unless the court specifically directs otherwise.

All Findings of Fact, Conclusions of Law and Judgments shall contain language complying with the statutory requirements so long as such language does not contradict an agreement of the parties approved by the court, and shall not contain additional provisions which are not required by statute, or contrary to an agreement of the parties approved by the court, except as specifically directed by the court,

CRITICAL

Applies to

Brief

Copies of non-Wisconsin authorities must be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and are excluded from the page limits.

(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).

CRITICAL

Applies to

Competency report

A competency report must be submitted or requested to support the petition for termination.

A competency report must be submitted, or requested to substantiate the petition for termination.

CRITICAL

Applies to

Summons and complaint

Before filing, the plaintiff must select an initial return date and enter it on the summons and complaint.

The plaintiff must select an initial return date and enter that date on the summons and complaint before filing.

CRITICAL

Applies to

Document with electronic signature

and the audit trail document for each electronic signature must be appended to each document where such an electronic signature appears.

and the audit trail document for each electronic signature must be appended to each document where such an electronic signature appears.

CRITICAL

Applies to

Petition

The court may approve a non-judicial settlement agreement without a hearing if the petition includes the interested persons’ waivers and consents, or the agreement records their waiver of hearing notice.

(b) The court may approve a non-judicial settlement agreement without a hearing if the petition is accompanied by waivers and consents of all persons interested or if the persons interested waived notice of a hearing in the non-judicial settlement agreement.

CRITICAL

Applies to

Proposed order

After an oral ruling, the prevailing party must prepare a written order or judgment unless the court directs another party to prepare it.

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.

WARNING

Applies to

Stipulation and proposed order

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.

WARNING

Applies to

Death certificate

Filing the ward’s death certificate is the stated condition for the judge ordinarily to discharge the guardian of the person.

(1.) Guardian of the person - deceased ward: Upon the filing of the death certificate of the ward, the judge ordinarily will issue an order of discharge of the guardian of the person.

WARNING

Applies to

Federal estate tax closing letter

A federal estate tax closing letter may be required to be filed with the court prior to the closing of any estate required to file a federal estate tax return.

A federal estate tax closing letter may be required to be filed with the court prior to the closing of any estate required to file a federal estate tax return.

WARNING

Applies to

Guardian ad litem fee order

If the guardian ad litem’s services are complete, the guardian ad litem should also request discharge in the order.

If the GAL's services are completed, he or she should also request to be discharged as part of the order.

WARNING

Applies to

Filed document

Documents filed without a case number or caption may be rejected.

Documents filed without a case number or caption may be rejected.

WARNING

Applies to

Written request

Attorneys of record and guardians ad litem may obtain copies of the reports by submitting a written request to the court.

Attorneys of record and any guardian ad litem may obtain a copy of the report(s) by submitting a written request for a copy of such report(s) to the court.

WARNING

Applies to

Guardian of estate discharge

For an ordinary discharge of a guardian of a minor’s estate, the filing must include proof the ward reached eighteen, a final account, and a receipt and release signed by the ward.

(3.) Guardian of the estate - minor: Upon the filing of proof of the ward reaching the age of eighteen, final account and receipt and release signed by the ward, the court ordinarily will issue an order of discharge of the guardian of the estate.

WARNING

Applies to

Guardian of estate discharge

(2.) Guardian of the estate - deceased ward: Upon notice of death, or the filing of: (A.) The death certificate of the ward; (B.) The final account as approved by the court; and (C.) A proper receipt and release signed by the appropriate recipient having authority over the ward's estate (with attached proof of that authority); the judge ordinarily will issue an order of discharge of the guardian of the estate.

(2.) Guardian of the estate - deceased ward: Upon notice of death, or the filing of: (A.) The death certificate of the ward; (B.) The final account as approved by the court; and (C.) A proper receipt and release signed by the appropriate recipient having authority over the ward's estate (with attached proof of that authority); the judge ordinarily will issue an order of discharge of the guardian of the estate.

WARNING

Applies to

Juror date excusal request

A juror may request excusal for specific service-week dates, but the request may cover no more than two dates and must be submitted timely.

2. A juror may request to be excused for specific dates during their week of service. Any such request shall be limited to two dates and must be submitted timely.

WARNING

Applies to

Medical jury excusal request

A request to be excused from jury duty because of a medical condition must include a physician’s letter.

6. Requests to be excused due to medical condition(s) must be accompanied by a physician’s letter.

INFO

Applies to

Temporary order

The court may enter temporary orders on the parties’ written stipulation.

Temporary orders may be entered by the Court on written stipulation (agreement) of the parties.

INFO

Applies to

Extension request

An extension request may be signed by either the person seeking the extension or that person's attorney.

Any request for extension of time may be signed by the person seeking the extension or his or her attorney.