Pierce County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Stipulated requests must still be approved by the court. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. Continuance requests are subject to the approval of the Court and shall be requested of the Court within twenty (20) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the Court may in its discretion shorten the time to file a notice of continuance and objection.
- Reasonable extensions of time should be granted when they will not adversely affect the court calendar or clients' interests.
- A stipulated continuance request requires the parties’ consent in writing or on the record, good cause, and court approval.
- +11 more
Request must include
- Continuance requests are subject to court approval and must be requested within 20 days after the hearing or trial notice is provided, unless extenuating circumstances apply.
- Continuance requests require good cause and Court approval; stipulated requests also require the parties’ written or on-the-record consent, while non-stipulated requests must be made by motion and hearing and supported by the party or the party’s written consent. Requests must be made within 20 days after notice of the hearing or trial, unless the Court shortens that period in its discretion because proceeding time limits do not permit it.
Communication
Phone
Clerk
Page & Word Limits1 rule
Facsimile documents submitted for filing may not exceed 15 pages, excluding the cover sheet.
- Facsimile document
- Up to 15 pages
Court's wording
Facsimile documents transmitted to the courts shall be accepted for filing only if: (a) no filing fee is required; (b) the document does not exceed fifteen (15) pages in length, excluding cover sheet; and (c) no additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.
Document Format Requirements5 rules
An objection to a Will filed must be in writing
An objection to a claim must be in writing and filed with the probate court.
Any requests for waiving the requirement for a closing certificate for fiduciaries must be in writing
The Judge or Court Commissioner may authorize in advance the filing of a particular document that does not conform to these rules if good cause is shown and they are in conformance with the statutes.
Remote hearings are discretionary with the Court and may be requested by filing such a request in writing. "Remote" can be by Zoom or by telephone at the discretion of the court.
Document Filing Requirements54 rules
Except where required by law, counsel will not be permitted to withdraw if scheduled proceedings will be delayed.
An attorney who wishes to withdraw as counsel of record shall first file a written motion and proposed order to the Court and all opposing parties.
- Document
- Withdrawal motion
Must include
- •Proposed order
An attorney who represents a party shall file with the Clerk of Court a Notice of Retainer or Order Appointing Counsel as soon as practicable.
An attorney will not be permitted to withdraw until approved by the court.
Requests to appear remotely (via phone or videoconference) shall be requested in writing at least 2 business days prior to the hearing unless extenuating circumstances prevent the timely filing of the request.
A motion to compel discovery must include a written statement that the parties could not resolve their dispute after consultation and sincere attempts, reciting the date, place, and names of participants.
Court's wording
All motions to compel discovery pursuant to Wis. Stat. $804 must be accompanied by a statement in writing by the movant that after consultation with the opposing party and sincere attempts to resolve their differences the parties are unable to reach an accord. Such statement shall recite the date, place and name of all parties participating in such discussions.
Motions shall be accompanied by legal briefs and affidavits.
In mortgage foreclosure actions, a hearing is generally required and the plaintiff shall include with its motion for default judgment the specific property description in the proposed findings of fact, conclusions of law and judgment submitted for the Court's signature.
The Clerk of Court shall ensure that the petitioner has signed the moving papers. The Clerk of Court shall also ensure that all relevant paragraphs on the petition and other papers are complete and stated with specificity.
The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.
Motions must be in writing and shall state with particularity the grounds thereof and the order or relief sought pursuant to Wis. Stat. (971.30(2). Motions shall also contain the legal authority for the relief requested.
When the Court appoints criminal defense counsel at county expense (not an appointment by the State Public Defender's Office), at the time the appointment is made the defendant will be required to sign a statement acknowledging that he or she will reimburse the county for all of the counsel fees through a wage assignment or other means.
Additionally, the attorney must filed a Waiver of Right to Personal Appearance (CR-295).
A fully completed Plea Questionnaire and Waiver of Rights form signed by the defendant and his or her attorneys shall be delivered to the Judge at the commencement of the Plea Hearing unless extenuating circumstances prevent the completion of the form.
No final judgment will be granted by the Court without a provision regarding payment of the GAL, fees and costs, including date certain for payment of remaining fees.
Any final stipulation submitted by the parties for approval of the court must contain a provision regarding payment of remaining GAL, fees.
Every motion or order to show cause to set or modify support, family support, or maintenance, shall contain language which requires both parties to submit to the Court at the scheduled hearing completed financial disclosure statements/budgets and verification of income for two (2) months prior to the hearing date.
In mortgage foreclosure actions, a hearing is required and the plaintiff shall include with its motion for default judgment the specific property description
Wills of a decedent which will not be subject to probate proceding shall be filed and shall be accompanied by an affidavit.
705.02 Summary Settlement and Summary Assignment: Proof of Heirship must be filed with all opening papers for Summary Settlement and Summary Assignment petitions.
703.01 Filing of documents: All documents relating to Probate Court subject matter are to be filed at the Register in Probate office unless filed with the Court at the time of the hearing.
705.01 Wills: Only original wills will be accepted for filing with the court.
A Petition to Extend Temporary Guardianship and Order on Petition to Extend Temporary Guardianship shall be filed if an extension of the temporary guardianship is requested.
A Wisconsin closing certificate for fiduciaries shall be filed
A proposed order shall also be submitted.
Must include
- •Proposed order
a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate.
Any requests for waiving the requirement for a closing certificate for fiduciaries must be in writing and accompanied by a proposed order.
- Document
- Request to waive closing certificate
Must include
- •Proposed order
Signed receipts from heirs or beneficiaries and documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the court.
Estate inventory shall be filed no later than four (4) months after the issuance of letters together with the statutory filing fee.
Unless previously ordered by the court, the guardian must petition the court to spend or request reimbursement for any expenditures over $500 to be paid by the ward's assets.
the guardian ad litem shall file a report with the court prior to the hearing.
The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate
Guardianship of the estate - deceased ward: upon notification to the probate court that the ward died and filing of: the final account as approved by the court; a proper receipt from the person/ entity receiving the remaining assets in the ward's estate; the court will issue an order of discharge of the guardian of the estate.
The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.
Upon filing proof of the ward reaching the age of eighteen, filing the final account and receipt signed by the ward; the court will issue an order of discharge of the guardian of the estate.
The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.
Competency evaluation must be completed and filed with the court on all protective placement petitions.
Efiled documents without the date and time completed will be rejected.
Parties must file with the Clerk of Court a more detailed statement of the case.
804.02 Change of Address. Parties must notify the Clerk of Court in writing of any change of address.
When ordered after a money-damages judgment, the judgment debtor must send the prevailing party a financial disclosure statement containing the listed personal, employment, property, and financial information.
Court's wording
If the Court decides in a party's favor, and the judgment requires a party to pay money damages, the Court will also order the judgment debtor to send the prevailing party a statement disclosing his or her name, address, employers) and their address (es), real property he or she owns, financial institutions in which he or she has funds on deposit, and other information required by form schedules which will be sent out or given to the debtor by the Court.
Withdrawal and/or substitution by an attorney may be accomplished by written stipulation if agreed to and signed by all attorneys and approved by the Court.
Cameras and recording equipment may be allowed in courtrooms or hearing chambers provided a written request is made to the presiding court official at least three (3) days before each scheduled hearing or trial.
A notice by one media representative shall be sufficient for all subsequent hearings and trials in said case. Each media organization must provide an individual notice; one notice will not suffice for all other media representatives
Petitioners in the listed cases should give the clerk their contact information when filing to facilitate scheduling.
Court's wording
Petitioners in harassment, domestic abuse, child abuse, and individual at risk cases should provide the Clerk of Court with their contact information at the time of filing so as to facilitate communication for scheduling purposes.
Attorneys/Parties should contact the Judicial Assistant for a hearing date and time before filing the motion and include the date/ time in the motion.
The specific amount of restitution should be ascertained by the District Attorney by the time of sentencing and should be included in the Judgment of Conviction.
A GAL appointed in an action affecting the family should provide a monthly billing to the parties or their counsel.
The GAL, should appear at the final hearing in divorce or paternity proceeding with a statement of fees.
If the parties come to a resolution before the Final Pretrial, either can file a letter with the court advising of the agreement and requesting either a Default divorce hearing in front of the Court Commissioner or can request that the Final Pretrial before the judge be converted to a Default Divorce. The request should include whether they are requesting to remove the Contested Hearing from the calendar or requesting to leave it on pending the Default Hearing.
Case management forms/guidelines/ checklists created by the Pierce County Register in Probate shall be used when appropriate.
806.01 If a case settles prior to trial, the Small Claims Clerk should be notified by calling (715) 273-6741 as well as submitting a stipulation or letter for the court record
If such a payment plan is approved, the defendant shall complete a wage assignment, provide the court with a current address, telephone number, and social security number (which will be redacted from the court record).
The notice requirement may be waived by the presiding court officer upon good cause being shown.
Filing & Service rules
Electronic Filing Rules
Facsimile filing is permitted only for documents requiring no filing fee, not exceeding 15 pages excluding the cover sheet, and imposing no additional charge on the Circuit Court; c-filing parties may not use it in e-filed cases.
Facsimile documents transmitted to the courts shall be accepted for filing only if: (a) no filing fee is required; (b) the document does not exceed fifteen (15) pages in length, excluding cover sheet; and (c) no additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document. Facsimile documents will not be accepted by c-filing parties in e-filed cases.
Page 7 | 207 Facsimile/Email Transmission of Documents to the Court
Documents may not be filed by email.
Documents transmitted by email will not be accepted for filing.
Page 7 | 207 Facsimile/Email Transmission of Documents to the Court
A fax filing must be transmitted only to the Clerk of Court's designated fax number; the fax is treated as the original, and a separate original is generally unnecessary.
A party submitting a document shall make the original transmission through the Clerk of Court facsimile at (715) 273-6855 only. The Court will treat the facsimile as the original document to be filed and it is generally not necessary to submit an original.
Page 7 | 207 Facsimile/Email Transmission of Documents to the Court
For a remote plea hearing, the attorney must e-file the Plea Questionnaire and Waiver of Rights Form before the hearing.
If the plea hearing is being conducted remotely, the attorney shall e-file the Plea Questionnaire and Waiver of Rights Form in advance of the hearing.
Page 17 | 411.02
A document requiring an original signature may be faxed only to show the Court that it is complete, and the original must still be filed.
Documents requiring original signatures may be faxed only for the purpose of showing the court the document is complete; the original must be filed with the court.
Page 22 | 703.02 Facsimile Transmission of Documents to the Court
Documents not being filed may be faxed for the Court's reference or other purpose only at the discretion of the listed court officials.
Documents that are not to be filed but are to be used by the Court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the Judge, Court Commissioner, Judicial Assistant or Clerk.
Page 7 | 207 Facsimile/Email Transmission of Documents to the Court
Filing Timing and Cure Windows
The Notice of Retainer or Order Appointing Counsel must be filed as soon as practicable.
An attorney who represents a party shall file with the Clerk of Court a Notice of Retainer or Order Appointing Counsel as soon as practicable.
Page 4 | 201 Notice of Representation and Withdrawal of Counsel
A continuance request must be made within twenty days after the hearing or trial notice is provided, but the Court may shorten that period when the proceeding’s time limits do not permit it.
Continuance requests are subject to the approval of the Court and shall be requested of the Court within twenty (20) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the Court may in its discretion shorten the time to file a notice of continuance and objection.
Page 6 | 204 Continuances
Remote-appearance requests are due at least two business days before the hearing unless extenuating circumstances prevent timely filing; parties should plan to appear in person unless the request is granted.
Requests to appear remotely (via phone or videoconference) shall be requested in writing at least 2 business days prior to the hearing unless extenuating circumstances prevent the timely filing of the request. The parties should not assume requests will be granted and should plan to appear in person unless the request is granted.
Page 8 | 209 Remote Appearances
A motion for review of a commissioner’s decision must be brought within 14 days of the filed written order or oral ruling, unless law allows a different period; dismissals and default judgments based on non-appearance or non-compliance are not reviewable.
Such motion shall be brought within fourteen (14) days of the commissioner's order unless a separate time period is allowed by law. The fourteen (14) days commences from the date a written order was filed or from the oral ruling. Dismissals or default judgments based upon non-appearance or non-compliance are not subject to review by the Circuit Court.
Page 10 | 212 De Novo Hearings
Parties may file summary judgment motions within eight months after filing the summons and complaint or within the time set by the scheduling order.
The parties may file motions for summary judgment within eight (8) months of the filing of the summons and complaint or within the time established in the scheduling order, as allowed under Wis. Stat. [802.08.
Page 13 | 305.03 Summary Judgment
A defendant who wants a hearing on the plaintiff's motion must request one in writing within 15 days of the notice.
The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.
Page 13 | 305.02
Injunction hearings must be scheduled with a commissioner or judge based on the case and calendar availability to comply with statutory hearing timelines.
Injunction hearings shall be scheduled with either the Court Commissioner or Judge, depending on the nature of the case and calendar availability, to ensure compliance with statutory hearing timelines.
Page 13 | 306.01
When restitution is ordered to be determined because the amount cannot be set at sentencing, the District Attorney must submit the claim within 30 days unless good cause supports a different deadline.
If unable to determine a specific amount of restitution at the time of Sentencing, and Restitution is ordered "to be determined", the restitution claim shall be submitted by the District Attorney within 30 days unless good cause can be shown for a different deadline.
Page 15 | 405 Restitution
The defendant has 30 days after submission to object to the restitution amount; without an objection the requested amount will be ordered, and with an objection a hearing will be set.
Once submitted the defendant has 30 days to object to the amount of restitution. If not objection is received, the amount requested will be ordered as restitution. If an objection is received, a restitution hearing will be set.
Page 15 | 405 Restitution
For a remote plea hearing, the attorney must e-file the Plea Questionnaire and Waiver of Rights Form before the hearing.
If the plea hearing is being conducted remotely, the attorney shall e-file the Plea Questionnaire and Waiver of Rights Form in advance of the hearing.
Page 17 | 411.02
Both parties must file a Financial Disclosure Statement with the Court Commissioner before or at a temporary-order hearing, or before entry of a stipulated temporary order; if public assistance is involved, it must also be filed with the Pierce County Child Support Agency.
A Financial Disclosure Statement must be filed by both parties with the Court Commissioner and with the Pierce County Child Support Agency if public assistance is involved, before or at the time of the hearing on the temporary order or prior to the entry of any temporary order based upon a written stipulation.
Page 19 | 503.02 Financial Disclosure Statements
An updated Financial Disclosure Statement must be filed at the final hearing or when ordered by the Court; if a party fails to timely file a complete statement, the Court may accept the other party’s statement as accurate.
An updated Financial Disclosure Statement shall be filed at the final hearing, or at such time as ordered by the Court. Failure by either party to timely file a complete disclosure statement as required, shall authorize the judge or court commissioner to accept the statement of the other party as accurate.
Page 19 | 503.04 Failure to file timely Financial Disclosure Statements
The estate inventory must be filed no later than four months after letters issue.
Estate inventory shall be filed no later than four (4) months after the issuance of letters
Page 23 | 705.07 Inventory
The required fiduciary closing certificate and, when applicable, federal estate tax closing letter must be filed before the estate closes.
A Wisconsin closing certificate for fiduciaries shall be filed and a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate.
Page 23 | 705.08 Tax clearances
Estate actions must be disposed of within twelve months after the petition or application to open the estate is filed.
Estate actions shall be disposed of within twelve (12) months from the date of the filing of the petition or application to open estate.
Page 23 | 705.11 7" Judicial District time lines to close estates
A minor guardianship inventory must be filed within 60 days after appointment of a guardian of the estate.
The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate
Page 24 | 706.03 Minor guardianships
The guardianship inventory must be filed within 60 days after appointment of a guardian of the estate.
The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.
Page 24 | 706.02 Guardianships: Guardian ad litem
The conservatorship inventory must be filed within 60 days after appointment of a conservator.
The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.
Page 24 | 706.04 Conservatorships
If the plaintiff fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the defendant(s), the case may be dismissed. If the defendant fails to file his or her more detailed statement of the case with the Clerk of Court by the due date set by the Court Commissioner, or fails to provide a copy to the plaintiff(s), judgment may be entered in favor of the plaintiff(s).
If the plaintiff fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the defendant(s), the case may be dismissed. If the defendant fails to file his or her more detailed statement of the case with the Clerk of Court by the due date set by the Court Commissioner, or fails to provide a copy to the plaintiff(s), judgment may be entered in favor of the plaintiff(s).
Page 27 | 805 Pretrial Order
Cameras and recording equipment may be allowed in courtrooms or hearing chambers provided a written request is made to the presiding court official at least three (3) days before each scheduled hearing or trial.
Cameras and recording equipment may be allowed in courtrooms or hearing chambers provided a written request is made to the presiding court official at least three (3) days before each scheduled hearing or trial.
Page 5 | 202.01 Cameras in the Courtroom
Proposed orders are held for at least five days after receipt unless an earlier decision is needed; they may be signed if no other party objects, while agreed stipulated orders are signed immediately.
The Judge and Court Commissioner shall hold proposed orders for a minimum of five (5) days upon receipt unless the matter requires a decision sooner. If no objection is received by any other party, they may sign the orders as submitted. If a stipulation and order is submitted where all parties are in agreement it will be signed immediately.
Page 6 | 206 Entry of Order/Judgments (Five-Day Rule)
Motions, supporting documents, and briefs should be filed at least 20 days before the hearing, unless another rule or court order provides otherwise.
Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.
Page 12 | 304.01 Motion Practice
The opposing party should file a written response at least 5 days before the hearing.
The opposing party should serve and file a written response at least five (5) days before the hearing.
Page 12 | 304.01 Motion Practice
A default divorce date cannot occur until the statutory 120-day waiting period has expired.
Default divorce dates will not occur until after the statutory 120 day waiting period contained in Wis. Stat. $767.335 has expired.
Page 19 | 503.05
The transmitting party is solely responsible for ensuring that the document is received timely and completely.
The party transmitting the document is solely responsible for ensuring its timely and complete receipt.
Page 22 | 703.02 Facsimile Transmission of Documents to the Court
Service and Proof of Service Rules
The written withdrawal motion and proposed order must also be provided to all opposing parties.
An attorney who wishes to withdraw as counsel of record shall first file a written motion and proposed order to the Court and all opposing parties.
Page 4 | 201 Notice of Representation and Withdrawal of Counsel
Except in mortgage foreclosures, an action in which the defendant was personally served requires 10 days' notice before default judgment; notice may be shown by an affidavit of mailing or a cover letter showing the defendant was copied on the filed default papers.
Except as to mortgage foreclosures, in all actions where personal service was obtained upon the defendant, ten (10) days notice shall be required prior to the entry of judgment. Notice may be accomplished by either an affidavit of mailing or cover letter showing that the defendant was copied on the default papers filed with the Court.
Page 12 | 305.01 Default Judgment
When the defendant was served by substitute or published service rather than personal service, the notice of motion for default judgment must be mailed to the defendant's last known address.
In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to the defendant by regular mail at the defendant's last known address.
Page 13 | 305.02
When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the Court shall sign the order for payment as submitted by the GAL.
When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the Court shall sign the order for payment as submitted by the GAL.
Page 18 | 502.04
In a foreclosure action, the plaintiff must determine whether and by whom the property is occupied and must notify occupants who are not defendant borrowers of the pending foreclosure action.
In foreclosure actions, the plaintiff(s) shall determine whether and by whom the subject real estate is occupied. If the subject real estate is occupied by persons other than the defendant borrower(s), the plaintiff(s) shall give notice of the pending action to foreclosure to the occupants.
Page 20 | 601.01
The default-judgment notice and motion must be sent to the defendant by regular mail at the defendant’s last known address, and service is complete upon sending.
Notice of a Motion for Default Judgment must be sent to the Defendant. Service is complete by sending the Notice of Motion and Motion by regular mail to the defendant's last known address.
Page 21
The personal representative or estate attorney must send all interested parties notice of the claim objection and hearing.
The personal representative or attorney for the estate shall send notice of the objection and notice of the hearing to all interested parties.
Page 23 | 705.06 Objections to claims filed
If the post office returns the summons to the Clerk, the plaintiff must serve the defendant personally, by substituted service, or by publication.
(2) If a summons is returned to the Clerk of Court's Office by the post office, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication.
Page 25 | 802 Service
Eviction actions require personal or substituted service.
(3) Eviction actions require personal or substituted service.
Page 25 | 802 Service
In eviction and replevin actions, a petition or motion to set aside judgment must be served by mail with a certificate or affidavit of mailing at least 48 hours before the hearing.
(7) In evictions and replevin actions, the Petition/ Motion to set aside judgment shall be served by mail with certificate of mailing or affidavit of mailing not later than 48 hours before the time specified for the hearing;
Page 26 | 802 Service
Replevin actions must be commenced by personal service.
(4) Replevin actions must be commenced by personal service.
Page 26 | 802 Service
When personal and substituted service have failed in an eviction action, the procedure is to adjourn the return date, post, and mail.
(6) Where personal and substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.
Page 26 | 802 Service
A copy of the more detailed statement of the case must be sent to all opposing parties.
A copy of this statement must also be sent to all opposing parties.
Page 27 | 805 Pretrial Order
A plaintiff may not serve a defendant with the summons and complaint by first-class or certified mail at the defendant’s workplace, but this restriction does not apply to personal service there.
804.03 Use of Work Address. The plaintiff may not serve the summons and complaint on a defendant by first class mail or certified mail at his or her workplace. This exception does not apply to personal service on a party at his or her workplace.
Page 27 | 804.03 Use of Work Address
The Petition and Order for Hearing of Contempt must be personally served if the moving party seeks a bench warrant or another sanction for the judgment debtor’s nonappearance.
The Petition and Order for Hearing of Contempt on the failure to file a financial disclosure statement must be served personally if the moving party wants to request a bench warrant or other sanction for the judgment debtor's nonappearance.
Page 28 | 806.07 Contempt
The debtor need not file the financial disclosure in court and must mail it directly to the judgment creditor within 15 days after the judgment is filed, unless the judgment is paid within that period.
The debtor need not file this information in court. He or she must mail it directly to the judgment creditor within fifteen (15) days after the judgment is filed in court, unless within that time the judgment is paid.
Page 28 | 806.06 Financial Disclosure Statements
Motions, supporting documents, and briefs should be served on the nonmoving party at least 20 days before the hearing, unless another rule or court order provides otherwise.
Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.
Page 12 | 304.01 Motion Practice
The opposing party should serve the written response at least 5 days before the hearing.
The opposing party should serve and file a written response at least five (5) days before the hearing.
Page 12 | 304.01 Motion Practice
For money-judgment suits, summons may be served personally, by substituted service, or, within Pierce County, by mail sent by the Clerk of Court.
(1) In suits for money judgments, scrvice of summons may be by personal service, substituted service or, if within Pierce County, by mail sent by the Pierce County Clerk of Court.
Page 25 | 802 Service
For construction liens, certified mail satisfies the registered-mail requirement if the sender obtains a postal receipt and requests a return receipt.
(8) In construction liens, the statutory requirement of registered mail is met by certified mail if a sender's receipt is obtained from the postal authorities and return receipt is requested
Page 26 | 802 Service
If personal, substituted, or mail service has failed, the plaintiff may ask the Court on the return date for permission to serve by publication to establish personal or in rem jurisdiction.
(5) Where personal, substituted, or mail service has failed, the plaintiff may request permission of the Court on the return date for publication to establish personal or in rem jurisdiction.
Page 26 | 802 Service
Filing Fees and Waivers
When a petitioner seeks a filing-fee waiver due to indigency, the commissioner or judge must determine indigency.
If the petitioner seeks to have the filing fees waived due to indigency, the Court Commissioner or Judge shall determine the question of indigency.
Page 13 | 306.01
The Court will not sign a GAL appointment order until the $1,000 retainer is paid or the Court has approved and ordered other payment arrangements.
The Court will not sign an order appointing a GAL until the $1,000 retainer has been paid or other payment arrangements have been approved by and ordered by the court.
Page 17 | 502.01
The county may be ordered to pay an outstanding balance only if both parties are indigent or extraordinary circumstances exist.
The county shall be ordered to pay any outstanding balance only upon a finding that both parties arc indigent or if there are other extraordinary circumstances.
Page 18 | 502.03
Before discharging the GAL, the Court must review the financial account, billings, and receipts and determine the share of fees and costs payable by each party or the county.
At the conclusion of the action, and prior to the discharge of the GAL, the Court shall review the financial account of the GAI, billings and receipts. The Court shall make a final determination of what portion of GAL. fees and costs shall be paid by each party or the county.
Page 18 | 502.03
The county pays approved invoices and collects from the parties when the GAL bills at the county rate; if the GAL charges more, the parties pay the GAL directly.
Pierce County shall establish a rate for appointed GALS. If the attorney accepting the appointment bills at this rate, the County will pay the approved invoices and then collect from the parties. If the GAL, accepting the appointment will bill at a higher rate than what is established by the County, the County will not pay the costs and the parties will pay the GAL, directly.
Page 18 | 502.05
In a divorce, the GAL fee is treated as a marital liability in property division; in a paternity action, the judgment allocates responsibility for payment.
In a divorce action the Court will consider the GAL fee a marital liability in the property division. In a paternity action, the Court will allocate responsibility for payment of the fee in the judgment.
Page 18 | 502.02
Copy costs must be received in advance before court-file copies are sent by fax, and fax may not be used to avoid statutory copy fees.
Copies of documents from court files will not be transmitted by facsimile without the appropriate costs being received in advance. The facsimile machine is not to be utilized in an effort to avoid payment of statutory copy fees.
Page 22 | 703.02 Facsimile Transmission of Documents to the Court
An objection to a Will must be filed with the probate court with the statutory filing fee.
An objection to a Will filed must be in writing and filed with the probate court together with the statutory filing fee.
Page 23 | 705.05 Objection to Will filed
The estate inventory must be accompanied by the statutory filing fee.
Estate inventory shall be filed no later than four (4) months after the issuance of letters together with the statutory filing fee.
Page 23 | 705.07 Inventory
A statutory filing fee must accompany the guardianship inventory.
The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.
Page 24 | 706.02 Guardianships: Guardian ad litem
A statutory filing fee must accompany the minor guardianship inventory.
The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate
Page 24 | 706.03 Minor guardianships
A statutory filing fee must accompany the conservatorship inventory.
The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.
Page 24 | 706.04 Conservatorships
A $5.00 fee for docketing a judgment must be paid upon entry of the judgment.
There is a $5.00 fee for docketing a judgment, to be paid upon entry of same.
Page 28 | 806.05 Judgments
The Clerk of Court may charge $1.25 per page for incoming and outgoing faxes.
Pursuant to State statute the Clerk of Court may charge $1.25 per page for incoming and outgoing facsimiles.
Page 7 | 207 Facsimile/Email Transmission of Documents to the Court
The Court may charge a fee for incoming or outgoing faxes exceeding six pages.
The Court may charge a fee for incoming and outgoing facsimiles that exceed six (6) pages.
Page 7 | 207 Facsimile/Email Transmission of Documents to the Court
The Court may reduce or waive the $1,000 GAL deposit if a party is indigent.
The Court may reduce the $1,000 deposit amount or waive the deposit requirement if a party is indigent.
Page 17 | 502.01
In a post-judgment dispute, the moving party generally must post the initial $1,000 GAL deposit.
In post-judgment disputes, the moving party will generally be required to post the initial $1,000.
Page 17 | 502.01
Upon appointment of a GAL, the Court normally requires one or both parties to deposit $1,000 toward GAL fees with the Clerk.
The Court will normally require one or both parties to deposit partial prepayment of the GAL fees in the amount of $1,000 to the Clerk of Court upon appointment of a GAL.
Page 17 | 502.01
The Court may order a party to deposit funds with the Clerk of Court to cover the cost of court-ordered custody and psychological evaluations.
The Court may order a party to deposit funds with the Clerk of Court to cover the cost of court-ordered custody and psychological evaluations.
Page 17 | 501 Advanced payments on custody and psychological evaluations
In an initial divorce action, the parties generally split the GAL deposit equally.
In an initial divorce action, the parties will generally be required to split the deposit 50/50.
Page 17 | 502.01
The Court may enter a separate money judgment for unpaid GAL fees so the county can docket it.
The Court may order a separate money judgment for unpaid GAL, fees so the county can docket the judgment.
Page 18 | 502.02
The Court may order either or both parties to pay all or part of the GAL’s compensation, or may direct the county to pay if both parties are indigent.
The Court may order cither or both parties to pay all or any part of the compensation of the GAl.. If both parties are indigent, the Court may direct that the county pay the compensation.
Page 18 | 502.02
If the summons and complaint is e-filed for Clerk of Court service, a complaint over 16 pages incurs a $2 fee for excess mailing costs.
If the Summons and Complaint is efiled for service by the Clerk of Court, complaints in excess of 16 pages will incur a fee of $2.00 to cover excess mailing fees.
Page 25 | 802 Service
Money from bond postings or attorney-fee overpayments must be applied to outstanding fines, forfeitures, or costs.
Any money from bond postings or overpayment of attorney fees shall be applied to outstanding fine, forfeitures or costs.
Page 29 | 902.01 Payments
The Clerk of Court is not required to accept more than three dollars in coins for court costs, fines, forfeitures, or fees.
The Clerk of Court shall not be required to accept more than three dollars in coins as payment for court costs, fines, forfeitures or fees.
Page 29 | 902.02 Payment with coins or tainted currency
County employees and officers are not required to accept currency or coins contaminated with bodily secretions or other substances that may risk public safety or human health.
County employees or officers shall not be required to accept as payment of a fee or other obligation owed to the county any currency or coins which have been soiled, contaminated, tainted or polluted with any human or animal bodily secretions or any other substance that may pose a risk to public safety or human health.
Page 29 | 902.02 Payment with coins or tainted currency
Payment of fines, costs, fees, and surcharges should be made within 60 days of conviction unless the court orders another time.
The payment of fines, costs, fees, surcharges, etc. should be done within sixty (60) days of a conviction unless another time is ordered by the court.
Page 29 | 902.01 Payments
A defendant may request an installment payment plan, and fines, attorney fees, and court costs may be paid in installments if the Clerk of Court approves the plan.
The defendant may request a payment plan to pay in installments. In any traffic or ordinance matter, any fine, attorney fee or court cost may be paid in installments if a payment plan is approved by the Clerk of Court.
Page 29 | 902.01 Payments
The Clerk of Court determines payment-plan fees.
Fees for payment plans will be determined by the Clerk of Court.
Page 29 | 902.01 Payments
Sealing & Redaction Procedures
The listed records and files are presumed confidential and may not be accessed without a court order, except as otherwise authorized by law for guardianship and protective placement files.
The following records and files are presumed to be confidential and will not be accessible without an order of the Court: juvenile files, guardianship and protective placement files (except as authorized by law), mental commitment files, pre-adjudication paternity files, presentence investigation reports, medical reports, psychological evaluations, victim addresses and Victim Identification Keys, confidential judge and court commissioner notes that are work-product, and financial disclosure statements.
Page 6 | 203 Confidential Records
A petitioner's contact information must be marked confidential in the court file and cannot be accessed unless the court orders otherwise.
Any contact information provided by a petitioner shall be marked as confidential in the court file and may not be accessed unless otherwise ordered by the Court.
Page 14 | 306.02
Financial disclosure statement documents must be marked confidential in court files and may be accessed only by a party or that party’s attorney.
State Statute requires the information provided in financial disclosure statements, all such documents shall be marked as confidential in court files and may be accessed only by a party or his or her attorney.
Page 19 | 503.03 Confidentiality of Financial Disclosure Statements
After sentencing, the report is confidential and may be made available only with specific court authorization, subject to the stated access and copy rights; anyone receiving or viewing it must keep its contents confidential.
Except as otherwise provided by statute, after sentencing the Pre-Sentence Investigation Report shall be confidential and shall not be made available to any person except upon specific authorization of the Court. The district attorney and the defendant's attorney are entitled to have and keep a copy of the Pre-Sentence Investigation Report. If the defendant is not represented by counsel, the defendant is entitled to view the Pre-Sentence Investigation Report but may not keep a copy of the report. A district attorney or defendant's attorney who receives a copy of the report shall keep it confidential. A defendant who views the contents of a Pre-Sentence Report shall keep the information in the report confidential.
Page 15 | 404 Pre-Sentence Investigation
The defendant’s Social Security number provided for an approved payment plan will be redacted from the court record.
If such a payment plan is approved, the defendant shall complete a wage assignment, provide the court with a current address, telephone number, and social security number (which will be redacted from the court record).
Page 29 | 902.01 Payments
Pre-Motion Conference Requirements
Before seeking to compel discovery, the movant must consult with the opposing party and sincerely attempt to resolve the dispute.
All motions to compel discovery pursuant to Wis. Stat. $804 must be accompanied by a statement in writing by the movant that after consultation with the opposing party and sincere attempts to resolve their differences the parties are unable to reach an accord.
Page 11 | Discovery
Responsive briefs and affidavits are due within 20 days, and reply briefs and affidavits are due 10 days thereafter.
Responsive briefs and affidavits shall be filed within twenty (20) days, and ten (10) days thereafter for reply briefs and affidavits.
Page 13 | 305.03 Summary Judgment
Summary judgment motions are decided without oral argument unless otherwise ordered; argument may be scheduled upon request at the assigned judge's discretion.
Summary judgment motions will be decided without oral argument unless otherwise ordered. Oral argument will be scheduled upon request and in the discretion of the assigned Judge.
Page 13 | 305.03 Summary Judgment
A hearing on a motion requiring an evidentiary hearing will be held before trial unless the court decides otherwise.
The hearing will be heard prior to trial unless the Court determines otherwise.
Page 14 | 403 Motion Practice
Adjournment & Extension Requirements
All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Stipulated requests must still be approved by the court. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. Continuance requests are subject to the approval of the Court and shall be requested of the Court within twenty (20) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the Court may in its discretion shorten the time to file a notice of continuance and objection.
All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Stipulated requests must still be approved by the court. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. Continuance requests are subject to the approval of the Court and shall be requested of the Court within twenty (20) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the Court may in its discretion shorten the time to file a notice of continuance and objection.
Page 6 | 204 Continuances
A stipulated continuance request requires the parties’ consent in writing or on the record, good cause, and court approval.
All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Stipulated requests must are still subject to the approval of the court.
Page 10 | 301.03 Continuances
A non-stipulated continuance request must be made by motion and hearing, supported by good cause or the party’s written consent, and is subject to court approval.
Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. Continuance requests are subject to the approval of the court
Page 10 | 301.03 Continuances
Continuance requests are subject to court approval and must be requested within 20 days after the hearing or trial notice is provided, unless extenuating circumstances apply.
Continuance requests are subject to the approval of the court and shall be requested of the court within twenty (20) days of the date a hearing/trial notice is provided unless there are extenuating circumstances.
Page 10 | 301.03 Continuances
A stipulated request to continue a hearing or trial requires the parties’ consent in writing or on the record and must be for good cause.
All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause
Page 16 | 410 Continuances
Continuances must be requested within 30 days after the hearing or trial notice, but the court may shorten the notice and objection periods or allow a later request for good reason.
Continuance requests are subject to the approval of the court and shall be requested of the court within thirty (30) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the court may in its discretion shorten the time to file a notice of continuance and objection. The court may allow a continuance request after the thirty (30) day deadline noted above if there is good reason why it could not be requested earlier.
Page 17 | Part 4: Criminal Practice
Continuance requests require court approval; non-stipulated requests must be made by motion and hearing and supported by good cause or the party’s written consent.
Stipulated request are still subject to court approval. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. Continuance requests are subject to the approval of the court
Page 17 | Part 4: Criminal Practice
Before submitting a continuance request, the party must determine whether the opposing party or counsel objects.
Before submitting a request for continuance the party shall ascertain if the opposing party/counsel objects.
Page 17 | Part 4: Criminal Practice
Continuance requests require good cause and Court approval; stipulated requests also require the parties’ written or on-the-record consent, while non-stipulated requests must be made by motion and hearing and supported by the party or the party’s written consent. Requests must be made within 20 days after notice of the hearing or trial, unless the Court shortens that period in its discretion because proceeding time limits do not permit it.
All stipulated requests for the continuance of a hearing/trial require the consent of the parties in writing or on the record and must be for good cause shown. Stipulated requests must still be approved by the court. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. Continuance requests are subject to the approval of the Court and shall be requested of the Court within twenty (20) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the Court may in its discretion shorten the time to file a notice of continuance and objection.
Page 20 | 505 Continuances
If an estate cannot be closed within the required time, a petition for an extension must state the reasons for the request.
When an estate cannot be closed within the required 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.
Page 23 | 705.10 Extensions of time to closing estates
An estate must be closed within 12 months after the petition or application is filed unless the Court extends the deadline for good cause.
708.01 An estate must be closed within twelve (12) months from the date of filing the petition or application, unless extended by the Court for good cause.
Page 25 | District probate benchmarks
Continuance requests must be made in writing and filed with the Clerk of Court, and the requesting party must contact the opposing party about agreement before filing.
806.03 Continuances. All requests for continuances must be made in writing and filed with the Clerk of Court. Parties shall contact opposing party to see if there is an agreement regarding continuance before filing with the court.
Page 28 | 806.03 Continuances
Reasonable extensions of time should be granted when they will not adversely affect the court calendar or clients' interests.
In scheduling all hearings, meetings and conferences, be considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or clients' interests.
Page 7 | 208 Rules of Decorum
If the proceeding's time limits do not permit the stated periods, the court may shorten the time to file a notice of continuance and objection.
the time limits of the proceeding do not permit such time periods, the court may in its discretion shorten the time to file a notice of continuance and objection.
Page 11
The court reviews each request for an extension of time to close an estate individually.
The court will review each request individually.
Page 23 | 705.10 Extensions of time to closing estates
A request to extend the time to pay beyond the original agreement must be submitted to and reviewed by the Clerk of Court.
Any request for an extension of time to pay past the time set forth in the original agreement shall be submitted to and reviewed by the Clerk of Court.
Page 29 | 902.01 Payments
Chambers Communication Rules
The attorney must schedule the motion with the court; filing it only with the Clerk of Court does not schedule a hearing without a specific request for a date and time.
It is the attorney's responsibility to schedule the motion with the court, and a motion filed only with the Clerk of Court will not be scheduled until a specific request is made of the court for a hearing date and time.
Page 12 | 304.01 Motion Practice
If a motion is filed without a hearing date and time, the filing party must request that a hearing be set.
If a motion is filed without a date and time for hearing the motion, it is the duty of the filing party to request a hearing be set.
Page 14 | 403 Motion Practice
The moving party must advise the court before the Final Pre-trial if a motion requires an evidentiary hearing.
It is the responsibility of the moving party to advise the Court before the Final Pre-trial when a motion requires an evidentiary hearing.
Page 14 | 403 Motion Practice
A defendant with an active warrant must arrange a return hearing with the clerk before 10 a.m. on the intended Tuesday, Wednesday, or Thursday (excluding holidays); counsel must make the contact for a represented defendant, and only one return date is allowed unless the court permits otherwise.
Parties that have active warrants may make arrangements to appear at 3:00 p.m. on a Tuesday, Wednesday, or Thursday (excluding holidays) at 3:00 p.m. to have their warrant quashed. The defendant must contact the Clerk of Court Office to schedule a Return on Warrant hearing before 10a.m. on the day they wish to appear. If the defendant is represented by an attorney, the contact shall be made by the attorney. Unless otherwise allowed by the court, a defendant will only be allowed one such warrant return date.
Page 14 | 401 Warrants
If payment is disputed, the objecting party must schedule review with the Judge or Court Commissioner.
If there is a dispute over payment, the objecting party is responsible for scheduling the matter for review with the Judge or Court Commissioner.
Page 18 | 502.04
Only parties may address the court unless the court permits someone else to do so.
Only parties to the case may address the court unless the court allows otherwise.
Page 7 | 208 Rules of Decorum
The party requesting a telephone hearing must connect all other parties to the call for scheduling and for the hearing.
The party requesting the hearing is responsible for connecting all other parties to the call for purposes of scheduling and for the hearing itself (if to be conducted via phone).
Page 8 | 209 Remote Appearances
If the Judge or Court Commissioner approves a telephone hearing, it can be arranged by contacting the Judicial Assistant.
If approved by the Judge or the Court Commissioner, telephone hearings can be arranged by contacting the Judicial Assistant.
Page 8 | 209 Remote Appearances
A party seeking an official transcript must request it through the Pierce County Clerk of Court.
Any party requesting an official transcript shall be responsible for requesting this through the Pierce County Clerk of Court.
Page 9 | 211 Electronically Recorded Proceedings
A party or counsel must notify the Judicial Assistant when institutional assistance is needed to schedule an appearance.
However, it is the obligation of the party or their counsel to notify the Judicial Assistant that it is needed.
Page 9 | 209.03
Ex parte communications are generally prohibited and may be returned, but a communication copied to all parties is not ex parte.
Ex parte communications are restricted by state and local law. Any communication by telephone, email, letter, face-to-face conversation, or other off the record contact, is generally prohibited. If parties submit a prohibited ex parte communication to the court it may be returned to them. If a copy of the communication/correspondence is sent to all parties involved in the case it not ex parte.
Page 9 | 210 Ex Parte Communications
Scheduling conferences are arranged by contacting the Judicial Assistant; the requesting party must notify all parties of the call’s date and time, initiate the call, and connect the parties.
Scheduling conferences are handled by the Court Commissioner and can be arranged by contacting the Judicial Assistant. The party requesting the scheduling conference is responsible for notifying all parties of the date and time of the call, initiating the call, and connecting all parties to the call.
Page 10 | 301.02 Scheduling Orders and Scheduling Conferences
Motion hearings are typically set for 30 minutes, and attorneys or parties should advise the court if more time is needed.
Motion Hearings are typically set for 30 minutes and attorneys / parties should advise if more time is required.
Page 12 | 304.01 Motion Practice
The Clerk should also deternine whether or not any other actions between the parties are pending. If there are, the Court Commissioner or Judge assigned should be so informed.
The Clerk should also deternine whether or not any other actions between the parties are pending. If there are, the Court Commissioner or Judge assigned should be so informed.
Page 13 | 306.01
Attorneys and parties should contact the Judicial Assistant for a hearing date and time before filing and include that date and time in the motion.
Attorneys/Parties should contact the Judicial Assistant for a hearing date and time before filing the motion and include the date/ time in the motion.
Page 14 | 403 Motion Practice
The specific return date appearing on the summons and complaint is obtained by contacting the Small Claims Clerk.
803.01 Return Date: A specific return date appears on the summons and complaint and is obtained by contacting the Small Claims Clerk.
Page 26 | 803.01 Return Date
If a case settles before trial, the Small Claims Clerk should be notified by phone at (715) 273-6741.
806.01 If a case settles prior to trial, the Small Claims Clerk should be notified by calling (715) 273-6741 as well as submitting a stipulation or letter for the court record
Page 27 | 806.01
In an uncontested case, parties may obtain a default divorce date by contacting the Clerk of Court Office or Judicial Assistant.
Default divorce dates in uncontested cases may be obtained by contacting the Clerk of Court Office or Judicial Assistant.
Page 19 | 503.05