Pierce County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

More detailed statement of the case

Parties must file a more detailed statement of the case with the Clerk of Court.

Parties must file with the Clerk of Court a more detailed statement of the case.

CRITICAL

Applies to

Attorney withdrawal

Unless withdrawal is required by law, counsel may not withdraw if doing so would delay scheduled proceedings.

Except where required by law, counsel will not be permitted to withdraw if scheduled proceedings will be delayed.

CRITICAL

Applies to

Summary judgment motion

Summary judgment motions must be accompanied by legal briefs and affidavits.

Motions shall be accompanied by legal briefs and affidavits.

CRITICAL

Applies to

Petition for expenditure or reimbursement

Unless the court has already ordered otherwise, a guardian must petition the court before spending or requesting reimbursement from the ward's assets for expenditures over $500.

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.

CRITICAL

Applies to

Remote appearance request

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.

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.

CRITICAL

Applies to

Temporary guardianship extension documents

When an extension of a temporary guardianship is requested, the Petition to Extend Temporary Guardianship and Order on Petition to Extend Temporary Guardianship must be filed.

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.

CRITICAL

Applies to

Motion

Criminal motions must be written, state their grounds and requested relief with particularity, and include the legal authority for the requested relief.

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.

CRITICAL

Applies to

Will not subject to probate

A decedent’s will that will not be subject to probate must be filed with an accompanying affidavit.

Wills of a decedent which will not be subject to probate proceding shall be filed and shall be accompanied by an affidavit.

CRITICAL

Applies to

Withdrawal motion

Must include

proposed order

An attorney seeking to withdraw must first file a written motion and proposed order with the Court and provide them 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.

CRITICAL

Applies to

Guardian ad litem report

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

the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

Applies to

Minor guardianship inventory

The minor guardianship inventory must be filed with the statutory filing fee.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate

CRITICAL

Applies to

Summary settlement and summary assignment opening papers

Proof of Heirship must accompany all opening papers for Summary Settlement and Summary Assignment petitions.

705.02 Summary Settlement and Summary Assignment: Proof of Heirship must be filed with all opening papers for Summary Settlement and Summary Assignment petitions.

CRITICAL

Applies to

Wisconsin closing certificate for fiduciaries

A Wisconsin closing certificate for fiduciaries must be filed with the court before the estate closes.

A Wisconsin closing certificate for fiduciaries shall be filed

CRITICAL

Applies to

Motion for default judgment

A hearing is required in a mortgage foreclosure action, and the plaintiff’s motion for default judgment must include the specific property description.

In mortgage foreclosure actions, a hearing is required and the plaintiff shall include with its motion for default judgment the specific property description

CRITICAL

Applies to

Notice of retainer or appointment order

An attorney representing a party must file a Notice of Retainer or Order Appointing Counsel with the Clerk of Court 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.

CRITICAL

Applies to

Deceased ward guardian estate discharge documents

For discharge of a guardian of the estate after the ward's death, the court must receive notice of the death, the court-approved final account, and a proper receipt from the recipient of the remaining assets.

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.

CRITICAL

Applies to

Probate document

Probate-related documents must be filed at the Register in Probate office unless they are filed with the Court at the hearing.

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.

CRITICAL

Applies to

Financial disclosure statement

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.

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.

CRITICAL

Applies to

Final judgment

A final judgment must state how GAL fees and costs will be paid and give a definite date for payment of remaining fees.

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.

CRITICAL

Applies to

Estate closing extension request

Must include

proposed order

An estate-closing extension request must also include a proposed order.

A proposed order shall also be submitted.

CRITICAL

Applies to

Change of address notice

Parties must notify the Clerk of Court in writing whenever their address changes.

804.02 Change of Address. Parties must notify the Clerk of Court in writing of any change of address.

CRITICAL

Applies to

Waiver of right to personal appearance cr 295

The attorney must file a Waiver of Right to Personal Appearance (CR-295).

Additionally, the attorney must filed a Waiver of Right to Personal Appearance (CR-295).

CRITICAL

Applies to

Federal estate tax closing letter

A federal estate tax closing letter must be filed before the estate closes if the estate met the standard to file a federal estate tax return.

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.

CRITICAL

Applies to

Attorney withdrawal

An attorney may not withdraw until the Court approves the withdrawal.

An attorney will not be permitted to withdraw until approved by the court.

CRITICAL

Applies to

Motion for default judgment

In mortgage foreclosure actions, the plaintiff must include the specific property description in the proposed findings, conclusions, and judgment submitted with its motion for default judgment.

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.

CRITICAL

Applies to

Final stipulation

A final stipulation submitted for court approval must provide for payment of remaining GAL fees.

Any final stipulation submitted by the parties for approval of the court must contain a provision regarding payment of remaining GAL, fees.

CRITICAL

Applies to

Will

Only original wills will be accepted for filing with the Court.

705.01 Wills: Only original wills will be accepted for filing with the court.

CRITICAL

Applies to

Discovery motion

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.

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.

CRITICAL

Applies to

Appointment statement

When the Court appoints criminal defense counsel at county expense, other than through the State Public Defender's Office, the defendant must sign a statement at appointment acknowledging reimbursement of all counsel fees through a wage assignment or other means.

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.

CRITICAL

Applies to

Guardianship inventory

The guardianship inventory must be filed with the statutory filing fee.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

CRITICAL

Applies to

Petition and moving papers

The clerk must ensure the petitioner signed the moving papers and that relevant paragraphs in the petition and other papers are complete and specific.

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.

CRITICAL

Applies to

Minor guardian estate discharge documents

For discharge of a guardian of a minor's estate, proof that the ward reached age eighteen, the final account, and a receipt signed by the ward must be filed.

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.

CRITICAL

Applies to

Request to waive closing certificate

Must include

proposed order

A request to waive the fiduciary closing certificate requirement must include a proposed order.

Any requests for waiving the requirement for a closing certificate for fiduciaries must be in writing and accompanied by a proposed order.

CRITICAL

Applies to

Plea questionnaire and waiver of rights form

A completed and signed Plea Questionnaire and Waiver of Rights form must be delivered to the Judge when the plea hearing begins, unless extenuating circumstances prevent completion.

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.

CRITICAL

Applies to

Conservatorship inventory

The conservatorship inventory must be filed with the statutory filing fee.

The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

CRITICAL

Applies to

Estate closing documents

Closing an estate requires filing signed receipts from heirs or beneficiaries and documentation that residual heirs or beneficiaries were advised of the personal representative and attorney fees.

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.

CRITICAL

Applies to

Competency evaluation

A competency evaluation must be completed and filed with the court for every protective placement petition.

Competency evaluation must be completed and filed with the court on all protective placement petitions.

CRITICAL

Applies to

Estate inventory

An estate inventory must be filed with 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.

CRITICAL

Applies to

Efiled document

E-filed documents must have the date and time completed or they will be rejected.

Efiled documents without the date and time completed will be rejected.

CRITICAL

Applies to

Motion or order to show cause

A motion or order to show cause to set or modify support, family support, or maintenance must require both parties to submit completed financial disclosure statements or budgets and income verification for the two months before the hearing.

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.

CRITICAL

Applies to

Notice of motion for default judgment

The notice must advise the defendant that a written hearing request must be made within 15 days of the notice or a default judgment may be entered.

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.

WARNING

Applies to

Petition

Petitioners in the listed cases should give the clerk their contact information when filing to facilitate scheduling.

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.

WARNING

Applies to

Payment plan

If a payment plan is approved, the defendant must complete a wage assignment and provide current contact information and a Social Security number.

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).

WARNING

Applies to

Settlement stipulation or letter

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

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

WARNING

Applies to

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.

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.

WARNING

Applies to

Gal monthly billing

A GAL appointed in an action affecting the family should provide a monthly billing to the parties or their counsel.

A GAL appointed in an action affecting the family should provide a monthly billing to the parties or their counsel.

WARNING

Applies to

Camera access request

A written request to the presiding court official is required at least three days before each hearing or trial to seek permission for cameras or recording equipment.

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.

WARNING

Applies to

Media notice

One media representative’s notice covers subsequent hearings and trials in the same case, but each media organization must submit its own notice.

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

WARNING

Applies to

Statement of gal fees

The GAL, should appear at the final hearing in divorce or paternity proceeding with a statement of fees.

The GAL, should appear at the final hearing in divorce or paternity proceeding with a statement of fees.

WARNING

Applies to

Letter

If the parties resolve the case before the Final Pretrial, either may file a letter advising the court of the agreement and requesting a default divorce hearing or conversion of the Final Pretrial; the request should state whether the Contested Hearing should be removed or remain on the calendar pending the Default Hearing.

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.