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

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

10 business days

Applies to

Motion and supporting materials

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

5 business days

Applies to

Opposition brief and supporting materials

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Reply brief

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.

CRITICAL

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.

CRITICAL

All parties must receive notice of a trial-adjournment request simultaneously.

Notice of such a request must be made simultaneously to all parties.

CRITICAL

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.

CRITICAL

Applies to

Responsive brief and supporting materials

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.

CRITICAL

Applies to

Copies of non wisconsin authorities

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).

WARNING

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.

WARNING

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.