Portage County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Damages itemization

Before a rent and damages hearing, the landlord must prepare an itemization listing each claimed damage, its amount, and any credits due.

The plaintiff/landlord shall, prior to the hearing, prepare an itemization of damages. The itemization of damages shall show each item of damages claimed (for example, unpaid rent for a certain month) and the amount of each item, along with any credits (i.e. security deposit) due.

CRITICAL

Applies to

Non e filing document

Must include

certificate of service

Unless a statute or court order permits otherwise, a filing must include a signed certification stating that all parties were served and identifying each recipient’s name and address and the date and method of service.

(10) Unless otherwise permitted by state statute or court order, include a certification signed by the party or an attorney for the party filing the document stating that a copy of the document has been served on all parties to the action, in accordance with applicable law, identifying the name and address of each party served and stating the date and method of service; and

CRITICAL

Applies to

Guardian ad litem appointment order

The order appointing a Guardian ad Litem will state the allowed hourly rate.

(1) The order for appointment will indicate the allowed hourly rate.

CRITICAL

Applies to

Temporary physical custody request

The District Attorney’s office must file the temporary physical custody request together with a petition to generate a JV case file.

The District Attorney’s office shall file the request for temporary physical custody along with a petition in order to generate a JV case file.

CRITICAL

Applies to

Eviction action

In every Small Claims Court eviction action, the plaintiff must have five specified documents and summaries ready to file with the clerk on the return date.

The plaintiff in all eviction actions filed in the Small Claims Court shall have prepared and ready for filing with the clerk on the return date scheduled in the action the following information: (1) Proof of service of the complaint upon the defendant (2) Copy of lease signed by defendant (3) Written summary of rent received under the terms of said lease, the amount received and the dates received (4) Written summary explaining money damages sought, and (5) Copies of all notices terminating tenancy and proof of service of such notices.

CRITICAL

Applies to

Judgment

Unless submitted and distributed at the final hearing, the Petitioner must file the judgment with any applicable agreement within 30 days after the final hearing.

Unless otherwise submitted at the final hearing, and distributed by the court at the final hearing, within 30 days of the final hearing, the Petitioner shall file the judgment with attached agreement(s) (MSA, MPA, or arbitration decision).

CRITICAL

Applies to

Temporary physical custody request

The Corporation Counsel office must file the Request for Temporary Physical Custody and email the assigned branch’s judicial assistant to obtain a hearing date and time.

The Corp. Counsel office shall file the Request for Temporary Physical Custody and shall email the judicial assistant of the assigned branch for a date and time for the hearing.

CRITICAL

A petition to reopen a matter dismissed without prejudice must show good cause.

A plaintiff whose action was dismissed without prejudice for failure to appear may, within 30 days from the dismissal, file a petition to re-open the matter for good cause shown.

CRITICAL

Applies to

Remote appearance request

Attorneys seeking permission to appear by video in juvenile or CHIPS cases must file forms GF-306 and GF-307 with at least 24 hours’ notice.

Attorneys seeking permission to appear by videoconferencing must file forms GF-306 (Request for Remote Appearance) and GF-307 (Order on Request for Remote Appearance) at least 24 hours notice for attorney appearance by video in juvenile / CHIPS cases.

CRITICAL

Applies to

Guardian ad litem compliance documentation

An attorney accepting a GAL appointment in a Chapter 48 or 938 matter must have documentation of Rule 35.01 compliance on file with the Register in Probate.

Any attorney who accepts appointment as Guardian ad Litem (GAL) in a Chapter 48 or 938 matter must have on file with the Register in Probate documentation of compliance with Supreme Court Rule 35.01.

CRITICAL

Applies to

Adult adoption petition

An adult adoption petition must be filed in the Register in Probate/Clerk of Juvenile Court office in the petitioner’s county of residence.

Petitions for adult adoptions shall be filed in the Register in Probate/Clerk of Juvenile Court office in the petitioner’s county of residence.

CRITICAL

Applies to

Video appearance request

A request for video appearance must be filed with CCAP forms GF-306 and GF-307.

(1) When making a request for video appearance, CCAP standard forms GF-306 (Request to Appear Remotely) and GF-307 (Order on Request to Appear Remotely) must be filed.

CRITICAL

Applies to

Motion

A motion must clearly state the requested relief, supporting legal authority, and supporting factual representations to be considered by the Court.

A motion filed in any matter must meet minimum requirements to be considered by the Court. The motion must contain a clear statement of the relief requested, the legal authority on which the motion is based, and the factual representations which support the motion.

CRITICAL

Applies to

Guardian fee and payment contract

Unless the court has previously ordered otherwise, the guardian must sign and date a fee and payment contract for expense reimbursement and/or guardian fees.

(4) Unless previously ordered by the court, the guardian must sign and date a guardian’s fee and payment contract for reimbursement of expenses and/or guardian fees.

CRITICAL

Applies to

Case file

When the respondent is a minor, the case file must identify the child victim as the Petitioner even if a parent petitions on the child’s behalf.

The case file shall always indicate the child victim as the Petitioner even if the parent is petitioning on behalf of the minor child when the respondent is a minor.

CRITICAL

Applies to

Request for remote appearance

A request for a video or phone appearance must be filed using standard forms GF-306 and GF-307.

To request a video or phone appearance, the requestor must file standard forms GF-306 and GF-307.

CRITICAL

Applies to

Ex parte order

If a Guardian ad Litem has been appointed, the Court will not sign an ex parte order without the Guardian ad Litem’s input.

(2) If a Guardian ad Litem has been appointed, the Court will not sign an ex parte order without input of the Guardian ad Litem.

CRITICAL

Applies to

Estate filing

If no final account is filed, statements from all residual beneficiaries confirming they were advised of the personal representative and attorney fees paid must be filed with the court.

(1) If no final account is filed, statements from all residual beneficiaries stating that they have been advised as to the amount of the personal representative and attorney fees paid by the personal representative must also be filed with the court.

CRITICAL

Applies to

Guardian ad litem report

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

(1) The Court shall appoint a guardian ad litem for the proposed ward if the petition is filed by a self- represented individual, otherwise counsel will retain the guardian ad litem; the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

By presenting legal arguments, briefs, affidavits, or pleadings, attorneys and parties certify that legal arguments are correctly cited, based on applicable law, and nonfrivolous.

Attorneys and parties who present legal arguments, briefs, affidavits, or any pleading are certifying to the court that any legal arguments are correctly cited, based on applicable law, and not frivolous in nature.

CRITICAL

Applies to

Order terminating disposition order

If no objection is filed within the stated period, Corporation Counsel must file the Order Terminating the Disposition Order for the court to sign.

If no objection is filed within the next 10 business days by the Guardian ad Litem, the Corporation Counsel will file the Order Terminating the Disposition Order for the court to sign.

CRITICAL

Applies to

Surety bond

A nonresident personal representative in an informal probate matter must post a surety bond with the Probate Court at least equal to the estimated net value of the property requiring administration.

(2) The personal representative posts a surety bond with the Probate Court in an amount equal to or greater than the estimated net value of the decedent’s property requiring administration.

CRITICAL

Applies to

Proof of completion

Before mediation is ordered, each party must complete the Parents Forever Seminar and file proof of completion.

In order to promote an environment that is conducive to mediation, and to provide the parties with information that may aid in a successful mediation, the Family Court Commissioner shall order mediation in all disputed custody or placement cases only after each party has completed the Parents Forever Seminar and filed with the court proof of completion.

CRITICAL

Applies to

Hearing exhibits

In collections cases, the creditor shall file all hearing exhibits five business days prior to the hearing,

In collections cases, the creditor shall file all hearing exhibits five business days prior to the hearing,

CRITICAL

Applies to

Opening papers

Proof of heirship must accompany all opening papers for summary settlement, summary assignment, and special administration petitions.

Proof of heirship must be filed with all opening papers for summary settlement, summary assignment and special administration petitions.

CRITICAL

Applies to

Order referring restitution matter

The State must prepare an order referring the restitution matter to the Court Commissioner.

The State is responsible for preparing an order referring the matter to the Court Commissioner.

CRITICAL

Applies to

Written financial disclosure statement

A defendant asserting inability to pay restitution must file a financial disclosure of all income, assets, and expenses at least 48 hours before the hearing; CV-410A or another acceptable method may be used.

If the defendant intends to assert that they do not have the ability to pay restitution, they must file a written financial disclosure statement at least 48 hours before the restitution hearing which provides all sources of income, all assets, and all expenses. CCAP form CV-410A is an acceptable form to provide this information, though other methods may also be acceptable.

CRITICAL

Applies to

Findings conclusions judgment

If real estate is involved, the findings, conclusions, and judgment must include its legal description.

(1) When real estate is involved, the legal description shall be required.

CRITICAL

Applies to

Surety bond

A nonresident granted ancillary letters must provide a surety bond at least equal to the estimated net value of the decedent’s Wisconsin property requiring administration.

A surety bond is required for nonresidents granted ancillary letters. Bond shall be in an amount equal to or greater than the estimated net value of the decedent’s property requiring administration located in Wisconsin.

CRITICAL

Applies to

Parenting plan

Each party must file a parenting plan before a mediator is assigned.

The parties must each file a parenting plan before a mediator will be assigned.

CRITICAL

Applies to

Court submission

Attorneys and parties using GenAI to prepare court submissions remain responsible for their accuracy and integrity and must comply with Wis. Stat. §802.05(2)(a)-(d).

All attorneys and parties who use Generative Artificial Intelligence (GenAI), to prepare anything that is submitted to the court remain fully responsible for the accuracy and integrity of those submissions and must comply with Wis. Stat. §802.05(2)(a)-(d).

CRITICAL

Applies to

Withdrawal motion

An attorney seeking to withdraw as counsel of record must file a written motion with the court.

An attorney who intends to withdraw as counsel of record shall file a written motion to the court.

CRITICAL

Applies to

Guardian ad litem final bill

When the action is complete, the GAL must submit a final bill to the Court itemizing time, expenses, trust-account deposits, withdrawals, and the total balance due.

Upon completion of the action the GAL shall submit a final bill to the Court itemizing time and expenses incurred and how much they have deposited to their trust account for this matter, any withdrawals made, and the total balance due.

CRITICAL

Applies to

Beneficiary receipts

Signed receipts from beneficiaries receiving a specific bequest or residual distribution must be filed with the court.

Signed receipts from all beneficiaries receiving a specific bequest or residual distribution must be filed with the court.

CRITICAL

Applies to

Request to call out of county witness by telephone

A request to call an out-of-county witness by telephone must be submitted in writing by filing a written request.

If a party wishes to call an out of county witness by telephone, that request must be made at least 5 days before the hearing by filing a written request.

CRITICAL

Applies to

Guardian of estate discharge

To obtain discharge of a guardian of a minor’s estate, proof that the ward reached age 18, a final account, and a receipt signed by the ward must be filed.

(3) Guardian of the Estate for a Minor Upon filing of proof of the ward reaching the age of eighteen (18) and 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

Guardian ad litem order for payment

The GAL must use the Portage County standard GAL order for payment form available on the Clerk of Court website.

(1) The GAL shall use the Portage County standard GAL order for payment form found on the Portage County Clerk of Court website, Guardian ad litems page, under the sub-heading Attorney Forms for Appointed GAL.

CRITICAL

Applies to

Findings conclusions judgment

Findings, conclusions, and the judgment must state each party’s last known address and earnings unless an updated Financial Disclosure Statement is on file and referenced.

The findings of fact, conclusions of law and judgment shall include the last known address and earnings of each party, unless an updated Financial Disclosure Statement is on file and referenced.

CRITICAL

Applies to

Objection

An objection to admission of a will or appointment of a personal representative must be written and accompanied by the statutory filing fee.

Objections for admission of the will or appointment of the personal representative shall be in writing accompanied by the statutory filing fee.

CRITICAL

Applies to

Will filing

A decedent’s will that will not be subject to probate must be filed with a cover letter stating the decedent’s dates of birth and death.

Wills of a decedent which will not be subject to probate proceeding shall be filed and shall be accompanied by a cover letter stating the decedent’s date of birth and date of death.

CRITICAL

Applies to

Request to terminate consent decree or dispositional order

Corporation Counsel must file the termination request with a cover letter notifying the Guardian ad Litem of the opportunity to object.

Corporation Counsel will file the Request to Terminate Consent Decree/Dispositional Order along with a cover letter to put the Guardian ad Litem on notice to voice any objection to the request.

CRITICAL

Applies to

Surety bond

In an informal probate case with no will and signed waivers and consents, the personal representative must post a bond at least equal to the estimated net value of the property requiring administration unless all interested persons waive bond.

If there is no will filed and all interested parties have signed waivers and consents for a case proceeding under informal probate, the personal representative shall post a surety bond with the court greater than or equal to the estimated net value of the decedent’s property requiring administration unless all interested persons also waive bond.

CRITICAL

Applies to

Remote appearance

A criminal defendant appearing remotely must also file form CR-295, the Waiver of Right to Personal Appearance.

(2) In criminal cases, a defendant appearing remotely must also file CR-295 (Waiver of Right to Personal Appearance)

CRITICAL

Applies to

Discovery motion

A motion to compel discovery or for a discovery protective order must include the movant’s affidavit certifying a good-faith effort to resolve the dispute, but the quoted requirement is incomplete in the provided text.

All motions to compel discovery or for a protective order precluding or limiting discovery must be accompanied by an affidavit by the movant certifying that, after the movant in good faith has conferred or attempted to confer with the opposing party to resolve the discovery dispute without

CRITICAL

Applies to

Minor settlement petition

Must include

proposed order

A minor-settlement petition must state the specified facts, request appointment of a guardian ad litem, and include proposed orders appointing the guardian and approving the settlement.

A petition for approval of a minor settlement must identify facts supporting venue and state the age of the minor, the nature and extent of the injury giving rise to the claim, the circumstances leading to the injury and liability, considerations bearing on settlement, and the proposed distribution of the settlement funds. The petition must request the appointment of a guardian ad litem for the minor, and be accompanied by a proposed order appointing the guardian ad litem and proposed order approving the minor settlement.

CRITICAL

Applies to

Notice of retainer

An attorney representing an interested party must file a notice of retainer with the Register in Probate.

An attorney who represents an interested party shall file a notice of retainer with the Register in Probate.

CRITICAL

Applies to

Wisconsin closing certificate for fiduciaries

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

CRITICAL

Applies to

Ex parte custody order

An ex parte custody order will not be signed without a verified petition or affidavit stating substantial reasons why the order is in the children’s best interests.

(1) An ex parte order awarding custody of children to a party in a family court action will not be signed without a verified petition or affidavit stating substantial reasons why it is in the best interests of said children for the order to be signed.

CRITICAL

Applies to

Petition to reopen default judgment

A defendant seeking to reopen a default judgment must show cause and a meritorious defense.

A defendant who has a default judgment entered against him/her may, within 12 months of such judgment, petition the court to reopen the judgment and permit a hearing, by showing cause and a meritorious defense to the action.

CRITICAL

Applies to

Temporary guardianship extension request

An extension request for a temporary guardianship must be accompanied by the petition to extend and the order on that petition.

(2) 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.