Pepin County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
No filings shall exceed 15 pages in length. A "filing" means the fax cover sheet and all subsequent pages thereafter. If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
- Facsimile filing
- Up to 15 pages
Document Format Requirements1 rule
Fax papers are the court’s official record and may not be substituted, and the transmitting party must retain the original document.
Court's wording
The fax papers are the official record of the court and may not be substituted. Parties who have transmitted documents by facsimile to the court shall retain in their own files any "original" document that was used for the facsimile transmission.
Document Filing Requirements7 rules
The program must be completed with a certificate of completion on file before a final hearing may be scheduled.
If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
Child support, maintenance, and family support orders, and modifications of those orders, entered in Pepin County on or after March 1, 2008, must contain the provisions set forth in Exhibit A.
Court's wording
IT IS ORDERED pursuant to Sec. 753.35(1), any order for child support under Sec. 767.25 or Sec. 48.355, for maintenance under Sec. 767.26, for family support under Sec. 767.261 or any modification thereof entered in Pepin County on or after March 1, 2008 shall contain the provisions set forth in Exhibit A, Additional Provisions on Child Support per Local Court Rule appended to this Order
A party must complete the financial form sent by the Child Support Agency or the Court.
Court's wording
10. FINANCIAL RETURN DISCLOSURE: Pursuant to §767.553, Stats., any party shall complete a financial form within 14 days from the date it is sent to the party by either the Child Support Agency or the Court.
In an action to collect a debt for goods provided or services rendered, the Plaintiff shall at a minimum attach the most recent account statement showing the account number, an account balance verifying the amount claimed in the complaint, and, if the Plaintiff is not the original creditor, a copy of all assignments.
A Plaintiff must provide all figures necessary for computation of the amount due unless such itemization would violate state or federal law.
Telephone appearances may be granted for out-of- state parties, for attorneys representing a party, or for other parties in extenuating circumstances at the discretion of the court if requested in writing before the date of the initial appearance.
Filing & Service rules
Electronic Filing Rules
Papers may be filed with the Clerk of Circuit Court by facsimile using the Clerk’s designated fax number and the referenced statutory procedures.
Papers may be filed with the Clerk of Circuit Court in accordance with the procedures established in §801.16(2)(a), Wis. Stats. The phone number designated by the court shall be the facsimile phone number of the Clerk of Pepin County Circuit Court.
Page 2 | Pepin County Local Court Rule Re: FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
Written answers and proof of service may be filed by fax if they comply with the fax filing policy.
C. Written answers and proof of service may be filed by fax if they otherwise comply with the fax filing policy.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
Filing Timing and Cure Windows
The sender is responsible for ensuring timely, complete receipt of a fax filing; court personnel are not responsible for transmission errors and need not notify the sender.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court judge, court commissioner, or clerk is not responsible for errors or failure in transmission that result in missing or illegible documents or untimely filings, and is not required to notify a party or attorney of errors or failure of transmission.
Page 3 | Pepin County Local Court Rule Re: FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
Fax filings completed after the clerk’s regular business hours, on holidays, or on weekends are considered filed the next business day.
Papers filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court's office or on holidays or week-ends are considered filed the next business day.
Page 3 | Pepin County Local Court Rule Re: FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
A party must complete the financial form within 14 days after it is sent by the Child Support Agency or the Court.
10. FINANCIAL RETURN DISCLOSURE: Pursuant to §767.553, Stats., any party shall complete a financial form within 14 days from the date it is sent to the party by either the Child Support Agency or the Court.
Page 7 | EXHIBIT A — ADDITIONAL PROVISIONS ON CHILD SUPPORT PER LOCAL COURT RULE
Service and Proof of Service Rules
In eviction actions, service by mail must use certified mail with return receipt requested.
a. Eviction Actions Service by certified mail, return receipt requested, is required in all evictions actions where service by mail is used.
Page 8 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
Service by mail to obtain personal judgment is limited to Pepin County.
Personal Judgment Service by mail to obtain personal judgment shall be limited to Pepin County.
Page 8 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
Service of a small-claims summons by ordinary mail through the Clerk of Court is authorized, subject to the stated exceptions and other legal prohibitions.
Service by Mail. Service of summons by ordinary mail through the office of the Clerk of Court is hereby authorized in all small claims court actions in Pepin County pursuant to §799.12(3), except as provided herein or as otherwise prohibited by law.
Page 8 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
Mail service to obtain personal jurisdiction may not be directed to a post office box unless the plaintiff also provides a physical address sufficient to determine whether it is in Pepin County.
C. Service by mail to obtain personal jurisdiction may not be made to a post office box unless the Plaintiff also provides the recipient's physical address sufficient to identify whether the location is in Pepin County.
Page 8 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
The defendant must file proof of timely service of the written answer with the Court by the return date.
By the return date the defendant must file with the Court proof of timely service of the written answer on the Plaintiff.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
A copy delivered personally or by fax must reach the Plaintiff at least 24 hours before the return date and time.
If the copy is delivered to the Plaintiff personally or by fax, such delivery to the Plaintiff must occur at least 24 hours before the return date and time.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
A defendant joining issue by written answer must provide the Plaintiff with an exact copy.
The defendant must provide an exact copy of the written answer to the Plaintiff.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
A copy mailed to the Plaintiff must be mailed at least three business days before the return date and time.
If such delivery to the plaintiff is by mail, such mailing to the Plaintiff must occur at least 3 business days before the return date and time.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
If the defendant fails to timely serve the answer or file proof and also fails to appear, the answer may be struck and judgment may be entered against the defendant.
If the defendant does not provide timely service of the written answer on the Plaintiff, or fails to timely file proof of such delivery with the Court, and if the Defendant fails to appear at the return date and time, any written answer may be struck and Judgment may be entered against the Detendant.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE
Filing Fees and Waivers
Each parent is responsible for half of the program fee, and a parent who advances the entire fee must be reimbursed by the other parent.
Each parent shall be responsible for one-half of the fee for the program. If one parent advances the entire fee, the other parent is required to reimburse the advancing parent.
Page 1 | ORDER RE: FAMILY COUNSELING IN DIVORCE ACTION §767.115
Courtesy Copy Requirements
No additional fax copies may be sent, and the clerk will discard duplicates received later.
No additional copies may be sent. The Clerk of Circuit Court shall discard any duplicate papers subsequently received.
Page 3 | Pepin County Local Court Rule Re: FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
Chambers Communication Rules
A payer must notify the Clerk, the Child Support Unit, and the other party within ten days of an employer change or a substantial income change affecting ability to pay support.
NOTICE OF INCOME CHANGE: Any payer shall notify the Clerk of Circuit Court, the Pepin County Department of Human Services - Child Support Unit and the other party within 10 days, of any change of employer and of any substantial change in the amount of his or her income, including receipt of bonus compensation, such that his or her ability to pay child support, family support or maintenance is affected.
Page 7 | EXHIBIT A — ADDITIONAL PROVISIONS ON CHILD SUPPORT PER LOCAL COURT RULE
Both parties must notify the Clerk, the Child Support Unit, and the other party in writing of specified health insurance changes within ten days.
NOTICE OF HEALTH INSURANCE POLICY/INFORMATION CHANGE: Both parties shall, in writing, notify the Clerk of Circuit Court, the Pepin County Department of Human Services -Child Support Unit and the other party of any change of the availability of health insurance coverage, through employment or otherwise, any change in cost of such coverage and any change in the policy information including changes in benefits, exclusions, deductible and coinsurance amounts. Notice of the changes shall be given within ten (10) days of such change.
Page 7 | EXHIBIT A — ADDITIONAL PROVISIONS ON CHILD SUPPORT PER LOCAL COURT RULE
Parties and attorneys allowed to appear by telephone must call the Court at the return date and time; failing to do so is a nonappearance that may result in dismissal or judgment.
Parties and attorneys permitted to appear by phone shall call to the Court at the return date and time. If an attorney or a party fails to call into the court by telephone on the return date and time, it will be considered a nonappearance and may result in dismissal or a judgment.
Page 9 | LOCAL RULES GOVERNING SMALL CLAIMS PROCEDURE