Polk County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

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.

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.

CRITICAL

Applies to

Bond form

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.

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.

CRITICAL

Applies to

Mediator report

After the first mediation session, the mediator must report its results to the court and the attorneys.

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

CRITICAL

Applies to

Bond form

The assisting jurisdiction must provide a fax copy or the original bond form to the sheriff’s department for immediate filing with the Clerk of Court.

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.

CRITICAL

Applies to

Probable cause affidavit

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

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

CRITICAL

Applies to

Written answer

The original written answer must be filed with the clerk of court.

The original answer must be filed with the clerk of court

CRITICAL

Applies to

Written answer

A written answer must state that the claim is contested and explain why.

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

CRITICAL

Applies to

Ordinances

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

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.

CRITICAL

Applies to

Default judgment

A mortgage-foreclosure default judgment requires an open-court hearing by affidavit or testimony, with notice to every answering defendant at least 10 days before the 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.

CRITICAL

Applies to

Pleadings

If a corporation or person does business under a name other than its legal name, the other name must be included in the pleadings.

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

CRITICAL

Applies to

Financial disclosure statement

The debtor must complete the Financial Disclosure Statement if choosing that option instead of paying the judgment in full.

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

CRITICAL

Applies to

Party identification

Each party must be identified as a person, corporation, or partnership.

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

CRITICAL

Applies to

Mediation order

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.

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.

CRITICAL

Applies to

Party identity

A party’s true legal identity must be established before judgment is taken.

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

CRITICAL

Applies to

Request to attend proceeding

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.

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.

CRITICAL

Applies to

Waiver statement

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

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.

CRITICAL

Applies to

Settlement notification

If the parties settle, they must provide the clerk with written notification signed by all parties.

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

CRITICAL

Applies to

Pleadings

If the parties are not properly identified, the pleadings must be amended by the first appearance date or the error must be brought to the court or commissioner’s attention at trial.

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

CRITICAL

Applies to

Bond form

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

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.

CRITICAL

Applies to

Request for access

An access request must contain the information required by rule 701.02; an incomplete request will be returned and may be resubmitted.

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.

CRITICAL

Applies to

Juvenile records access request

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.

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.

CRITICAL

Applies to

Jury strike list

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

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).

CRITICAL

Applies to

Interim fee statement

Guardians ad litem must submit interim fee statements to the court at least quarterly.

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

CRITICAL

Applies to

Default judgment application

The plaintiff's application for default judgment must include an affidavit of the notice to the defendant.

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

CRITICAL

Applies to

Statistical form

After sentencing and an order for probation, the defendant must complete the statistical form.

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

CRITICAL

Applies to

Summons and complaint

The summons and complaint in an eviction action must be submitted with a copy of the lease and the notice to vacate.

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

CRITICAL

Applies to

Summary judgment motion

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

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

CRITICAL

Applies to

Divorce judgment

The divorce judgment must include an order approving the G.A.L. fees unless that is inappropriate, in which case a separate fee-approval order will be issued.

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.

CRITICAL

Applies to

Motion

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

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.

CRITICAL

Applies to

Petition for waiver of filing and service fees

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

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.

WARNING

Applies to

Fee waiver request

Individuals who believe they are indigent or would face extreme hardship may request a waiver, accompanied by a sworn financial declaration or affidavit of indigency.

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.

WARNING

Applies to

Hearing proof

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.

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.

WARNING

Applies to

Confirmation hearing proof

If it is reasonably believed that no one will appear to contest, the plaintiff's attorney may submit proof by affidavit and 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.

WARNING

A judge may require additional notice or proof concerning service, damages, or costs in an individual case when appropriate.

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

INFO

Applies to

Record of parent contacts

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

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

INFO

Applies to

Default judgment hearing proof

When it reasonably appears that no party intends to attend the default-judgment hearing, the plaintiff may submit proof by affidavit.

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.