Court Rules

Polk County Circuit Court, Wisconsin

Court-Level Rules, Filing Procedures & Policies

Adjournments

  • In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.
  • When no one objects and the court approves a continuance request, no formal hearing is required.
  • Where time permits, a continuance request must be written and state specific reasons; merely saying a witness is unavailable is insufficient to establish good cause.
  • +10 more

Request must include

Reason for RequestAdversary Position
5Working Daysnotice
  • Adjournment requests must be written and received at least five working days before trial, state the specific reason and opposing party’s position, and are decided based on the reason and both parties’ positions rather than agreement or objection alone.
Reason for RequestAdversary Position
Filters:

Document Format Requirements3 rules

FormattingMandatory

The written jury demand and fee must be paid within 10 days of said plea.

Polk County Circuit Court Rules · p. 6
|Section301 RIGHT TO JURY TRIAL ON ACTIONS NOT UNDER STATUTE.
FormattingMandatory

All mailing of summonses shall be done in envelopes upon which the clerk’s return address appears, with a request to return to that address.

FormattingImportant

Juror requests to be excused shall be in writing except in the case of family, medical, or other emergency.

Document Filing Requirements36 rules

Filing RequirementsMandatory

The filing must be a list of five names the party wishes to strike from the remaining random-list jurors.

Court's wording

No less than 5 days and no more than 15 days prior to the scheduled trial date each party shall file with the clerk of court a list of the 5 names which that party wishes to strike from the names remaining on the random list (after excused absences).

Polk County Circuit Court Rules · p. 5
|Section205.05 SIX-PERSON JURY TRIALS
Filing RequirementsMandatory

If movant does not desire to file a brief or other documents, a statement waiving his/her rights to file such a brief or other documents shall be filed.

Filing RequirementsMandatory

The moving party shall also file proposed findings of fact, conclusions of law and judgment with the summary judgment motion.

Filing RequirementsMandatory

A victim may waive the 72-hour provision, but when no contact is a bond condition it cannot be lifted until the victim completes the specified program, appears before the intake judge, and brings the district attorney’s position in writing; the provision may continue beyond 72 hours.

Court's wording

This “72-hour no-contact provision” may be waived by the victim. However, the provision may also be continued beyond the 72-hour time period. When a “no-contact provision is a condition of bond, it cannot be waived until the alleged victim attends and successfully completes the cycle of Domestic Violence Awareness Program through CRA (Community Referral Agency, Inc.) and appears in front of the intake judge with documentation from the district attorney’s office as to whether the district attorney supports or opposes the lifting of the no-contact provision.

Polk County Circuit Court Rules · p. 7
|Section403.01 NO CONTACT PROVISIONS
Filing RequirementsMandatory

1. Whenever a warrantless arrest occurs, the arresting officer shall complete the form entitled “Probable Cause Affidavit and Judicial Determination.”

Polk County Circuit Court Rules · p. 7
|Section402.01 WARRANTLESS ARRESTS
Filing RequirementsMandatory

For qualifying domestic-abuse or domestic-violence allegations, the bail or bond form must include the statutory 72-hour no-contact provision.

Court's wording

Whenever a bail/bond form is prepared and executed by law enforcement officers in Polk County pursuant to the Wisconsin Judicial Conference and under circumstances where the alleged violation involves domestic abuse or violence, the bond shall include a statutory “72-hour no-contact provision,” prohibiting the defendant from contacting the alleged victim or victims.

Polk County Circuit Court Rules · p. 7
|Section403.01 NO CONTACT PROVISIONS
Filing RequirementsMandatory

Eligible people released from the jail on a cash bond before an in-court appearance must sign the “Bond and Conditions of Bond” form and are subject to its non-monetary conditions.

Court's wording

Persons who have been taken into custody and who are eligible for release from the Polk County Jail by posting a cash bond prior to an in-court appearance (pursuant to the terms of the “Uniform Misdemeanor Bail Schedule”) must also sign a form entitled “Bond and Conditions of Bond,” thereby making them subject to non-monetary conditions of bond before an in-court appearance.

Polk County Circuit Court Rules · p. 8
|Section403.01 NO CONTACT PROVISIONS
Filing RequirementsMandatory

All motions shall be in writing stating with particularity the relief or remedy sought and the grounds in support thereof. Reasonable exceptions may be granted by the court at the courts’ discretion.

Polk County Circuit Court Rules · p. 8
|Section405 MOTION PRACTICE
Filing RequirementsMandatory

3. Provide a fax copy or the original bond form to the sheriff’s department for immediate filing with the Polk County Clerk of Court.

Polk County Circuit Court Rules · p. 9
|Section407 COMMITMENT ORDERS
Filing RequirementsMandatory

Upon sentencing and order for probation, the defendant shall complete the statistical form.

Filing RequirementsMandatory

After the first session is completed, the mediator shall report to the court and to the attorneys the results of that session.

Polk County Circuit Court Rules · p. 10
|Section501.02 MEDIATION – PROCEDURE
Filing RequirementsMandatory

The mediation order must identify the mediator, specify the appointment and session time periods, and include the mediator or provider’s name, address, and telephone number.

Court's wording

The order will designate the mediator, the time period within which the parties are to make an appointment or the mediation session, and a time period within which the mandatory, no charge session is to be held. It must also include the name, address, and telephone number of the mediator/mediator provider.

Polk County Circuit Court Rules · p. 10
|Section501.02 MEDIATION – PROCEDURE
Filing RequirementsMandatory

Guardians ad litem shall submit interim statements of fees to the court on at least a quarterly basis.

Polk County Circuit Court Rules · p. 12
|Section508.04 APPROVAL OF FEES
Filing RequirementsMandatory

An order approving the G.A.L. fees shall be included in the divorce judgment, unless inappropriate, whereby a separate order approving the fees will be issued.

Polk County Circuit Court Rules · p. 12
|Section508.04 APPROVAL OF FEES
Filing RequirementsMandatory

No default judgment of mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants who have answered at least 10 days prior to the hearing.

Polk County Circuit Court Rules · p. 13
|Section603 ROLE OF HEARING
Filing RequirementsMandatory

An affidavit of the aforementioned notice to defendant must be included.

Polk County Circuit Court Rules · p. 13
|Section602 HEARING REQUESTS
Filing RequirementsMandatory

Any person, besides the victim of a child’s act who has filed or intends to file a civil action, seeking access to records which are not privileged and are within the court’s authority to disclose, and who is not otherwise authorized to receive records or information under these policies or who is denied access, shall submit a request to the juvenile clerk which includes the following information: 1. The name, address and telephone number of the requesting party a. If the requesting party is seeking access on behalf of another party, the name, address and telephone number of that party shall be included. 2. The information or record being sought and the basis for the requesting party’s belief that such information or record does exist.

Polk County Circuit Court Rules · p. 14
|Section701.02 FORM OF REQUESTS FOR ACCESS
Filing RequirementsMandatory

Any request for access, which does not contain the information required by rule 701.02, will be returned to the requesting party for completion and may be resubmitted.

Polk County Circuit Court Rules · p. 15
|Section701.03 DEFICIENT REQUESTS FOR ACCESS
Filing RequirementsMandatory

If a corporation or person is doing business under something other than their legal name, that name shall be included in the pleadings.

Polk County Circuit Court Rules · p. 16
|Section901.01 IDENTITY OF PARTIES
Filing RequirementsMandatory

All parties must be identified as either a person, a corporation, or a partnership.

Polk County Circuit Court Rules · p. 16
|Section901.01 IDENTITY OF PARTIES
Filing RequirementsMandatory

The true legal identity must be established sometime before judgment is taken.

Polk County Circuit Court Rules · p. 16
|Section901.01 IDENTITY OF PARTIES
Filing RequirementsMandatory

Eligible persons may request permission to attend a proceeding; the request must be made before the proceeding begins and state the requester’s interest and purpose.

Court's wording

Any person, including representatives of the school attended by the child, other than the parties, their counsel, witnesses, victims and persons requested by a party who have been approved by the court, may request the court to allow them to attend any proceeding. Such a request shall be made to the court prior to the commencement of the proceeding and shall state the person’s interest and purpose in attending.

Polk County Circuit Court Rules · p. 16
|Section701.06 REQUEST TO ATTEND COURT PROCEEDINGS
Filing RequirementsMandatory

If the parties are not properly identified, the pleadings must be amended at the first appearance date or the error must be made known to the court or the small claims court commissioner at the time of trial

Polk County Circuit Court Rules · p. 17
|SectionPart 9: Small Claims
Filing RequirementsMandatory

A party claiming a low-income exemption must complete the specified waiver petition at the clerk’s office and bring it to mediation.

Court's wording

If a party believes they are exempt because of low income, they must complete a “petition for waiver of filing and service fees – affidavit of indigency and order at the clerk of courts office and bring the completed form with them to mediation.

Polk County Circuit Court Rules · p. 17
|Section904 MEDIATION REQUIREMENT
Filing RequirementsMandatory

A copy of the lease and the notice to vacate must also be submitted with the summons and complaint

Filing RequirementsMandatory

The original answer must be filed with the clerk of court

Polk County Circuit Court Rules · p. 19
|Section907.03 DEFENDANT’S APPEARANCE
Filing RequirementsMandatory

Written answers must clearly state that the claim is being contested and provide the reasons why it is being contested.

Polk County Circuit Court Rules · p. 19
|Section908 WRITTEN ANSWERS
Filing RequirementsMandatory

If a settlement agreement is reached, written notification signed by all parties must be provided to the clerk of court.

Filing RequirementsMandatory

The debtor must either pay the judgment in full, or complete the “Financial disclosure Statement” within 15 days of the judgment.

Polk County Circuit Court Rules · p. 20
|Section914.02 FINANCIAL DISCLOSURE STATEMENT
Filing RequirementsMandatory

Each municipality within Polk County shall provide and maintain a current copy of their ordinances with the clerk of court and both branches of circuit court.

Filing RequirementsImportant

Individuals who believe they are indigent and/or that payment would cause extreme hardship, may file a request for waiver, accompanied by a sworn financial declaration or an affidavit of indigency.

Polk County Circuit Court Rules · p. 11
|Section508.03 WAIVER OF FEES AND RETAINERS
Filing RequirementsImportant

Any judge may, in any individual case, require further notice or proof regarding service, damages or costs, if appropriate.

Filing RequirementsImportant

Parties who submit hearing proof by affidavit risk delay if the proof is insufficient, and the court may require the plaintiff's attorney to appear in person.

Court's wording

Parties proceed at their own risk when they submit proof at default judgment hearings and confirmation hearings by affidavit. Any insufficiency in said proofs will necessarily cause a delay to reschedule the matter and at the discretion of the court, require the actual appearance of the plaintiff’s attorney.

Polk County Circuit Court Rules · p. 14
|Section607 SUBMISSION OF PROOF
Filing RequirementsImportant

Plaintiff’s attorney can submit proof via affidavit and attend the confirmation hearing via telephone (with prior approval) if it is reasonably believed that no one will appear to contest.

Polk County Circuit Court Rules · p. 14
|Section606 CONFIRMATION HEARINGS
Filing RequirementsNote

When it reasonably appears to plaintiff’s attorney that no parties intend to attend the default judgment hearing, the plaintiff may submit proof by affidavit.

Polk County Circuit Court Rules · p. 13
|Section605 FORECLOSURE PROCEDURE
Filing RequirementsNote

a record of those contacts should be kept by the agency.

Polk County Circuit Court Rules · p. 23
|Section1006.02 MANDATORY APPEARANCE BY JUVENILE NOT REQUIRED

Filing & Service rules

Filing Timing and Cure Windows

A formal motion to withdraw or substitute counsel must be filed before any further proceedings in the case.

A formal motion must be filed prior to any further proceedings in the particular case.

Page 5 | 209.01 GENERALLY

Each party must file a list of five jurors it wishes to strike between 5 and 15 days before trial.

No less than 5 days and no more than 15 days prior to the scheduled trial date each party shall file with the clerk of court a list of the 5 names which that party wishes to strike from the names remaining on the random list (after excused absences).

Page 5 | 205.05 SIX-PERSON JURY TRIALS

Cases will be reviewed for service and answer within 90 days after filing; if the case has not reached issue, a dismissal order will be entered or the plaintiff will initiate default proceedings.

All cases will be reviewed for service and answer within 90 days after filing. If at that time the case has not reached issue, a dismissal order shall be entered, or default proceeding shall be initiated by the plaintiff.

Page 6 | 302 SERVICE AND ANSWER

The jury demand and required fee are due within 10 days after the not-guilty plea.

The written jury demand and fee must be paid within 10 days of said plea.

Page 6 | 301 RIGHT TO JURY TRIAL ON ACTIONS NOT UNDER STATUTE.

A probable-cause affidavit must be filed with the Polk County Jail within 48 hours of arrest; otherwise, the defendant must be released upon signing an appropriate bond.

4. If no probable cause affidavit is filed with the Polk County Jail within 48 hours of the arrest, the defendant shall be released upon signing of an appropriate bond.

Page 7 | 402.01 WARRANTLESS ARRESTS

Motions in limine, suggested voir dire, requested jury instructions, and verdict forms must be filed by the trial court’s deadline, which will be shortly after the negotiations deadline and/or final pretrial.

Attorneys/parties shall file motions in limine, suggested voir dire, requested jury instructions and verdict form by a date set by the trial court which shall be shortly after the deadline for negotiations and/or final pretrial.

Page 8 | 405 MOTION PRACTICE

Motion hearings shall not be scheduled prior to filing, but in all cases should be filed prior to the final in-person status conference.

Motion hearings shall not be scheduled prior to filing, but in all cases should be filed prior to the final in-person status conference.

Page 8 | 405 MOTION PRACTICE

The notice must state that default judgment will be entered if the defendant does not provide a written hearing request or plaintiff’s motion to the court within 15 days of the notice date.

The notice shall state that in the event the defendant does not provide a written request for a hearing or plaintiff’s motion to the court within 15 days of that date of the notice, default judgment shall be entered.

Page 13 | 601.02 PERSONAL SERVICE NOT OBTAINED

A request to attend a proceeding must be made before the proceeding commences.

Such a request shall be made to the court prior to the commencement of the proceeding

Page 16 | 701.06 REQUEST TO ATTEND COURT PROCEEDINGS

If the requested money judgment has increased, the plaintiff has 60 days to file an amended complaint.

If the plaintiff has requested a money judgment in the complaint, and that amount has increased, the plaintiff will be given 60 days to file an amended complaint.

Page 18 | 905.04 HEARING

If the plaintiff does not file an amended complaint within 30 days of the eviction date, the plaintiff must file a new action to obtain a money judgment.

If an amended complaint is not filed within 30 days from eviction date, the plaintiff must file a new action to obtain money judgment.

Page 18 | 905.04 HEARING

A defendant contesting the claim must file a written answer by the date and time stated on the summons and complaint.

If the defendant is contesting the claim, he/she must file a written answer on or before the date and time shown on the summons and complaint.

Page 19 | 907.03 DEFENDANT’S APPEARANCE

Within 15 days of judgment, the debtor must either pay the judgment in full or complete the Financial Disclosure Statement.

The debtor must either pay the judgment in full, or complete the “Financial disclosure Statement” within 15 days of the judgment.

Page 20 | 914.02 FINANCIAL DISCLOSURE STATEMENT

A person who refused a chemical test must make a written refusal-hearing request within ten days after delivery of the notice of intent to revoke.

Written Request for a refusal hearing from one who has refused to take a chemical test must be made within ten days of delivery of the “notice of intent to revoke” to the defendant pursuant to Wisconsin Statute § 343.305(9).

Page 22 | 1004 REFUSAL HEARINGS

After the time to request a hearing expires, the plaintiff may apply for default judgment.

Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment.

Page 13 | 602 HEARING REQUESTS

The court will decide an access request within a reasonable period of time.

The court will make a decision on the request within a reasonable period of time.

Page 15 | 701.05 PROCEDURE UPON RECEIVING REQUEST

Requests indicating a legitimate need for immediate attention receive first priority; all requests are considered as timely as the court calendar and resources allow.

Requests which indicate a legitimate need for immediate attention will receive first priority. All requests will be considered in a timely manner as the court calendar and resources allow.

Page 15 | 701.05 PROCEDURE UPON RECEIVING REQUEST

Service and Proof of Service Rules

The judge will mail each party, or its attorney if represented, a copy of the random juror list at least 20 days before trial.

A copy of the random list will be mailed by the judge to each of the parties (or their attorney if represented) no less than 20 days prior to the scheduled trial date.

Page 5 | 205.05 SIX-PERSON JURY TRIALS

In criminal cases, all parties must exchange demanded discovery as soon as practical after the plea.

All parties shall exchange discovery, if demanded, as soon as practical after the plea in all criminal cases.

Page 8 | 406 DISCOVERY

Copies of the mediation order will be sent to the attorneys and mediation center, and to the parties if they are self-represented.

Copies of the mediation order will be sent to the attorneys and the mediation center. the parties will receive copies of the mediation order if they are pro se.

Page 10 | 501.02 MEDIATION – PROCEDURE

A party who serves a summons and petition must file proof of service forthwith.

Any party serving an opposing party with a summons and petition must file their proof of service forthwith.

Page 11 | 506.01 STIPULATED DIVORCE FILING

Unless a stated exception applies, the moving party must procure and serve the order requiring both parties to appear on the nonmoving party before the hearing or trial; no order is required for a joint petition.

Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court for other good cause orders otherwise, both parties in actions affecting the family shall appear upon the final hearing or trial. An order of the court to that effect shall be procured by the moving party and shall be served upon the nonmoving party before the hearing or trial. No order is required in the case of a joint petition.

Page 11 | 507 STIPULATED DIVORCE APPEARANCES

Answering defendants must receive notice at least 10 days before the mortgage-foreclosure default-judgment hearing.

No default judgment of mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants who have answered at least 10 days prior to the hearing.

Page 13 | 603 ROLE OF HEARING

If the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant's last-known address by regular mail.

In cases where no personal service is obtained upon the defendant, notice of motion for default judgment shall be given to defendant by regular mail at defendant’s last-known address.

Page 13 | 601.02 PERSONAL SERVICE NOT OBTAINED

Eviction actions require personal service.

Personal service is required.

Page 17 | 905.01 SERVICE

Replevin actions require personal service.

Replevin actions require personal service.

Page 18 | 906.01 SERVICE

Mail service to obtain a personal judgment is limited to Polk County.

Service by mail to obtain a personal judgment shall be limited to Polk County.

Page 18 | 907.01 SERVICE

Summons service by mail is complete when mailed unless the summons envelope is returned unopened to the clerk before the return date.

Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date.

Page 18 | 907.01 SERVICE

A copy of the written answer must be sent to the plaintiff.

A copy of the written answer must be sent to the plaintiff.

Page 19 | 908 WRITTEN ANSWERS

A copy of the written answer must be mailed to the plaintiff.

The original answer must be filed with the clerk of court and a copy must be mailed to the plaintiff.

Page 19 | 907.03 DEFENDANT’S APPEARANCE

No notice to the defendant is required before default judgment in a large-claim civil action when the defendant was personally served and failed to answer.

No notice to defendant is required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant and they have failed to answer.

Page 13 | 601.01 PERSONAL SERVICE OBTAINED

A plaintiff may not use the defendant’s work address on the summons and complaint, and the court will not mail paperwork to work addresses.

Plaintiff may not use defendant’s work address on the summons and complaint. The court will not mail paperwork to work addresses.

Page 17 | 902.02 USE OF WORK ADDRESS

For claims under the dollar limit, service may be made by mail by leaving the original summons and necessary copies with the clerk and paying the statutory fee.

Service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed by statute.

Page 18 | 907.01 SERVICE

An amended complaint in an eviction action may be served by first-class mail.

Service for the amended complaint may be by First class mail.

Page 18 | 905.04 HEARING

Filing Fees and Waivers

A fee is required for the jury demand.

The written jury demand and fee must be paid within 10 days of said plea.

Page 6 | 301 RIGHT TO JURY TRIAL ON ACTIONS NOT UNDER STATUTE.

Each party must bring $25 in cash for the mediator; a party claiming a low-income exemption must bring the completed waiver petition to mediation, and the mediator decides whether the fee is waived.

Each party is to bring $25 in cash to pay directly to the mediator. If a party believes they are exempt because of low income, they must complete a “petition for waiver of filing and service fees – affidavit of indigency and order at the clerk of courts office and bring the completed form with them to mediation. The mediator will make the determination if a party is exempt from paying the fee.

Page 17 | 904 MEDIATION REQUIREMENT

The statutory fee must accompany a mailed-service request for a summons.

Service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed by statute.

Page 18 | 907.01 SERVICE

The judgment creditor must pay a $5.00 fee to the clerk to docket the judgment.

The judgment’s resulting creditor must pay a $5.00 fee to the clerk of court to have the judgment docketed.

Page 20 | 914.01 DOCKETING THE JUDGMENT

Sealing & Redaction Procedures

A person approved to attend may not divulge information identifying the child or family involved in the proceeding.

Any person approved by the court shall not divulge any information which would identify the child or family involved in the proceeding.

Page 16 | 701.06 REQUEST TO ATTEND COURT PROCEEDINGS

A person who receives a record or information by attending a proceeding may not disclose it further without court approval.

Any person receiving a record or information as a result of attending a proceeding under these rules shall not further disclose the record or any information without the approval of the court.

Page 16 | 701.07 CONTINUING CONFIDENTIALITY

Filing Bundling Requirements

Unless the court orders otherwise, summary-judgment and dismissal motions must be filed together with any brief or other supporting documents.

Unless otherwise specifically ordered, any motions for summary judgment or for dismissal shall be filed with the clerk of court’s office, together with any brief or other supporting documents.

Page 6 | 303 MOTIONS

Pre-Motion Conference Requirements

The respondent must file a response brief and supporting documents or waive that right in writing within 30 days; absent a timely brief or waiver, the right is presumed waived, and the moving party then has 15 days to reply.

The respondent must file a response brief and supporting documents within 30 days, or waive in writing the right to do so. If no brief or waiver is filed within the statutory time limit, it shall be presumed that respondent has waived this right. The moving party then has 15 days to file a reply.

Page 6 | 303 MOTIONS

Adjournment & Extension Requirements

In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.

In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.

Page 3 | 203.01 REQUESTS FOR CONTINUANCES

Where time permits, a continuance request must be written and state specific reasons; merely saying a witness is unavailable is insufficient to establish good cause.

A request for a continuance must be made in writing, where time permits, and must state the specific reason(s) why a continuance is being sought. A mere statement that a witness is unavailable is not sufficient for the court to conclude there is good cause for a continuance.

Page 3 | 203.01 REQUESTS FOR CONTINUANCES

A continuance request must state the opposing party’s or counsel’s position, including any objection and time conditions.

A request for continuance must state the position of the opposing counsel or opposing party. The court must be made aware of any objection to granting the continuance, and any time conditions the opposing party or counsel may have.

Page 3 | 203.01 REQUESTS FOR CONTINUANCES

If there is not time to contact the opposing party, the request must state the good-cause basis for not doing so, and the court will rule in its discretion.

When time does not permit contact with the opposing party, the request for continuance must state the good cause basis for not having contacted the opposing party or counsel. The court will exercise its discretion in ruling on such a request for continuance.

Page 3 | 203.01 REQUESTS FOR CONTINUANCES

If the case settles before the return date or the parties seek an adjournment, they must inform the clerk’s office before 9:30 a.m. on the return date.

If the case settles prior to the return date or the parties wish to adjourn the matter, the parties must inform the clerk of court’s office before 9:30 a.m., on the return date.

Page 18 | 907.02 PLAINTIFF’S APPEARANCE

Adjournment requests must be written and received at least five working days before trial, state the specific reason and opposing party’s position, and are decided based on the reason and both parties’ positions rather than agreement or objection alone.

All requests for adjournment of court trials must be in writing and be received by the clerk of court’s office at least 5 working days prior to the trial date. If this is not done, the trial will be held as scheduled. All requests for adjournment must include the specific reasons why a continuance is being requested and also state the position of the opposing party regarding the requested continuance. The court will not automatically grant a continuance simply because both parties agree to it, nor will the court deny the continuance simply because the opposing party objects to it. Rather, the court will consider the reason for the request along with the positions of both parties in making its decision.

Page 19 | 910 REQUESTS FOR ADJOURNMENT

A citation not closed, disposed of, or scheduled for further proceedings within 90 days of the initial appearance must be dismissed unless the court grants a continuance for good cause.

Any citation not closed/disposed or scheduled for further proceedings, within 90 days of the initial appearance shall be dismissed, unless a continuance has been granted by the court upon good cause shown.

Page 21 | 1002 CONTESTED TRAFFIC CITATIONS

If no payments are made during the 60-day period and no written extension request is received, suspension or alternative sanctions will be imposed.

If no monthly payments have been made during the 60 days and no written request for an extension has been received, suspension or alternative sanctions will be imposed.

Page 22 | 1003.02 TIME TO PAY POLICY EXCEPTIONS

When no one objects and the court approves a continuance request, no formal hearing is required.

However, it has been the practice of Polk County Circuit Courts that where there is no objection to the continuance and the court approves the request, no formal hearing is required.

Page 3 | 203.01 REQUESTS FOR CONTINUANCES

A requesting party must not suggest that the court will automatically grant a continuance merely because both parties agree.

The requesting party must not state or imply to the opposing party that the court will automatically grant a continuance simply because both parties agree to it.

Page 3 | 203.01 REQUESTS FOR CONTINUANCES

If someone appears to contest, the hearing will be continued to a date when the plaintiff's attorney can appear with witnesses and evidence.

If someone does appear to contest, the hearing will be continued to a date when plaintiff’s attorney can appear with witnesses and evidence.

Page 14 | 606 CONFIRMATION HEARINGS

Extensions to the time-to-pay period are automatically granted if monthly payments have been coming in.

If monthly payments have been coming in, extensions will be automatically granted.

Page 22 | 1003.02 TIME TO PAY POLICY EXCEPTIONS

If no payments have been made but a written extension request is received, one extension will be given and a return letter will warn that suspension or other sanctions may follow without further payments.

If no payments are made and a written request for extension has been received, one extension will be given and a return letter will be sent expressing that suspension or other sanctions may occur unless further payments are received.

Page 22 | 1003.02 TIME TO PAY POLICY EXCEPTIONS

When no payments have been made and a second or later extension request is received, the file will be sent to the judge for a decision.

If a letter requesting a second or subsequent extension is received with no payments made, the file will be forwarded to the judge for a decision.

Page 22 | 1003.02 TIME TO PAY POLICY EXCEPTIONS

Chambers Communication Rules

Unless good cause has been shown to the judge, a party seeking to close a proceeding to the media must notify the court and media coordinator in writing at least 72 hours before the motion hearing.

Unless good cause has been shown to the judge, a party moving that any judicial proceeding required by law to be open to the public should be closed to the news media, the individual must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion.

Page 1 | 201.01 REQUEST TO CLOSE TO MEDIA

If the G.A.L. cannot secure appointment of adversary counsel, the G.A.L. must notify the juvenile court clerk, who will ensure timely appointment if directed by the court.

If the G.A.L. is unable to accomplish this duty, they shall notify the juvenile court clerk, who shall insure appointment of counsel in a timely manner, if directed by the court.

Page 12 | 508.09 ASSISTANCE IN APPOINTMENT OF ADVERSARY COUNSEL

If the court cannot take the call while in session, the plaintiff's attorney must notify the judge's assistant and remain available for the judge's return call at recess.

If court is in session and cannot take the call, plaintiff’s attorney must advise the judge’s assistant to advise the judge of the call. The judge will return the call as soon as recess can be taken, and plaintiff’s attorney must be standing by to receive the court’s call.

Page 13 | 605 FORECLOSURE PROCEDURE

If other appearing attorneys intend to participate in the hearing by phone, the plaintiff's attorney must initiate the conference call.

If other attorneys have answered or formally appeared and plaintiff’s attorney determines they intend to participate in the hearing via phone, it is the plaintiff’s attorney’s obligation to initiate that conference call.

Page 13 | 605 FORECLOSURE PROCEDURE

A party who changes address during the case must immediately notify the clerk and the other party or parties.

If either party has a change of address during the pendency of their case, they must notify the clerk of court and the other party of parties immediately.

Page 17 | 902.01 CHANGE OF ADDRESS

The initial request to dismiss or adjourn may be made by phone, but the parties must follow up with written notice.

The initial request to dismiss or adjourn may be made by phone; however, the parties must follow up with a written notice.

Page 18 | 907.02 PLAINTIFF’S APPEARANCE

With prior approval, the plaintiff's attorney may call the court at the scheduled default-hearing time and attend by telephone.

However, plaintiff’s attorney may (with prior approval) initiate a call to the court at the time set for the default hearing and attend the default hearing via telephone.

Page 13 | 605 FORECLOSURE PROCEDURE

If it is reasonably believed that no one will appear to contest, the plaintiff's attorney may attend the confirmation hearing by telephone with prior approval.

Plaintiff’s attorney can submit proof via affidavit and attend the confirmation hearing via telephone (with prior approval) if it is reasonably believed that no one will appear to contest.

Page 14 | 606 CONFIRMATION HEARINGS

A party may appear by telephone only if the clerk receives a request letter before mediation and the letter encloses the $25 fee payable to the mediator.

Telephone appearance is permissible only if a letter requesting such is received by the clerk of court prior to the scheduled mediation date. The $25 mediation fee made payable to “Mediator” must be enclosed or your request will be denied.

Page 17 | 904 MEDIATION REQUIREMENT

The attorneys involved are advised to contact the assigned judge for further direction about a request to change the mediator.

The attorneys involved are advised to contact the judge for further direction.

Page 10 | 501.03 CHANGE OF MEDIATOR REQUESTED

Common questions about Polk County Circuit Court, Wisconsin rules

Does Polk County Circuit Court, Wisconsin require a pre-motion conference or letter before filing a motion?

The respondent must file a response brief and supporting documents or waive that right in writing within 30 days; absent a timely brief or waiver, the right is presumed waived, and the moving party then has 15 days to reply.

View ruleSource: page 6, section 303 MOTIONS

What must be included with jury strike list filings in Polk County Circuit Court, Wisconsin?

The filing must be a list of five names the party wishes to strike from the remaining random-list jurors.

View ruleSource: page 5, section 205.05 SIX-PERSON JURY TRIALS

What must be included with summary judgment motion filings in Polk County Circuit Court, Wisconsin?

The moving party must file proposed findings of fact, conclusions of law, and judgment with a summary-judgment motion.

View ruleSource: page 6, section 303 MOTIONS

How may parties contact Polk County Circuit Court, Wisconsin?

Unless good cause has been shown to the judge, a party seeking to close a proceeding to the media must notify the court and media coordinator in writing at least 72 hours before the motion hearing.

View ruleSource: page 1, section 201.01 REQUEST TO CLOSE TO MEDIA

How does Polk County Circuit Court, Wisconsin handle sealed or redacted filings?

A person approved to attend may not divulge information identifying the child or family involved in the proceeding.

View ruleSource: page 16, section 701.06 REQUEST TO ATTEND COURT PROCEEDINGS

How do I request an adjournment or extension in Polk County Circuit Court, Wisconsin?

In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.

View ruleSource: page 3, section 203.01 REQUESTS FOR CONTINUANCES

Does Polk County Circuit Court, Wisconsin require motion papers to be bundled?

Unless the court orders otherwise, summary-judgment and dismissal motions must be filed together with any brief or other supporting documents.

View ruleSource: page 6, section 303 MOTIONS

Are filing fees or waivers addressed in Polk County Circuit Court, Wisconsin?

A fee is required for covered filings. A fee is required for the jury demand.

View ruleSource: page 6, section 301 RIGHT TO JURY TRIAL ON ACTIONS NOT UNDER STATUTE.

What filing deadlines does Polk County Circuit Court, Wisconsin set?

Each party must file a list of five jurors it wishes to strike between 5 and 15 days before trial.

View ruleSource: page 5, section 205.05 SIX-PERSON JURY TRIALS

What service or proof of service rules apply in Polk County Circuit Court, Wisconsin?

Proof of service is required for the covered service rule. A party who serves a summons and petition must file proof of service forthwith.

View ruleSource: page 11, section 506.01 STIPULATED DIVORCE FILING
Complete rules summary for Polk County Circuit Court, Wisconsin

A party who serves a summons and petition must file proof of service forthwith.

Unless good cause has been shown to the judge, a party seeking to close a proceeding to the media must notify the court and media coordinator in writing at least 72 hours before the motion hearing.

In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.

When no one objects and the court approves a continuance request, no formal hearing is required.

Where time permits, a continuance request must be written and state specific reasons; merely saying a witness is unavailable is insufficient to establish good cause.

A continuance request must state the opposing party’s or counsel’s position, including any objection and time conditions.

If there is not time to contact the opposing party, the request must state the good-cause basis for not doing so, and the court will rule in its discretion.

A requesting party must not suggest that the court will automatically grant a continuance merely because both parties agree.

Juror requests to be excused must be in writing, except in family, medical, or other emergencies.

The judge will mail each party, or its attorney if represented, a copy of the random juror list at least 20 days before trial.

Each party must file a list of five jurors it wishes to strike between 5 and 15 days before trial.

The filing must be a list of five names the party wishes to strike from the remaining random-list jurors.

A formal motion to withdraw or substitute counsel must be filed before any further proceedings in the case.

For the covered non-UTC violations, a defendant or respondent entering a not-guilty plea must submit a written jury demand and pay the fee within 10 days of the plea.

The jury demand and required fee are due within 10 days after the not-guilty plea.

A fee is required for the jury demand.

Cases will be reviewed for service and answer within 90 days after filing; if the case has not reached issue, a dismissal order will be entered or the plaintiff will initiate default proceedings.

Unless the court orders otherwise, summary-judgment and dismissal motions must be filed together with any brief or other supporting documents.

The moving party must file proposed findings of fact, conclusions of law, and judgment with a summary-judgment motion.

A movant who does not wish to file a brief or supporting documents must file a statement waiving the right to do so.

The respondent must file a response brief and supporting documents or waive that right in writing within 30 days; absent a timely brief or waiver, the right is presumed waived, and the moving party then has 15 days to reply.

After a warrantless arrest, the arresting officer must complete the “Probable Cause Affidavit and Judicial Determination” form.

A probable-cause affidavit must be filed with the Polk County Jail within 48 hours of arrest; otherwise, the defendant must be released upon signing an appropriate bond.

For qualifying domestic-abuse or domestic-violence allegations, the bail or bond form must include the statutory 72-hour no-contact provision.

A victim may waive the 72-hour provision, but when no contact is a bond condition it cannot be lifted until the victim completes the specified program, appears before the intake judge, and brings the district attorney’s position in writing; the provision may continue beyond 72 hours.

Eligible people released from the jail on a cash bond before an in-court appearance must sign the “Bond and Conditions of Bond” form and are subject to its non-monetary conditions.

Motions must be written and state the requested relief and supporting grounds with particularity, although the court may grant reasonable exceptions in its discretion.

Motion hearings shall not be scheduled prior to filing, but in all cases should be filed prior to the final in-person status conference.

Motions in limine, suggested voir dire, requested jury instructions, and verdict forms must be filed by the trial court’s deadline, which will be shortly after the negotiations deadline and/or final pretrial.

In criminal cases, all parties must exchange demanded discovery as soon as practical after the plea.

More Judges in Polk County Circuit Court, Wisconsin

Daniel J. Tolan
Judge
Jeffery L. Anderson
Judge