Portage County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Consumer credit complaint

A default judgment in a consumer credit transaction will not be entered unless the complaint complies with Wis. Stat. § 425.109.

The Wisconsin Consumer Act, Wis. Stat. § 425.109, prohibits the entry of a default judgment unless the complaint complies with Wis. Stat § 425.109. No default judgment will be entered by the Court without statutory compliance.

CRITICAL

Applies to

Plea questionnaire waiver of rights

When applicable, counsel must complete and file the specified plea questionnaire and waiver-of-rights form before or at the court hearing.

Plea Questionnaire/Waiver of Rights (JD-1735 for CHIPS & JIPS and JD-1737 for Delinquencies) forms shall be completed and filed by counsel with the court prior to or at the court hearing, when applicable.

CRITICAL

Applies to

Construction claim complaint

The plaintiff must attach to the complaint the specified notices, offers, and proposals exchanged with the defendant under Wis. Stat. § 895.07(2).

The plaintiff shall attach as exhibits to his or her complaint those notices, offers and proposals made by the plaintiff to the defendant and copies of all offers and proposals received from the defendant as required in Sec. 895.07(2) Wis. Stats.

CRITICAL

Applies to

Financial disclosure statement

Both parties must file a Financial Disclosure Statement and three months of income verification at least two working days before a hearing on a financial matter.

A Financial Disclosure Statement and verification of income for 3 months prior to the hearing date must be filed by both parties 2 working days in advance of any hearing concerning child support, maintenance, property division or any other financial matter, including but not limited to temporary order hearings, contempt hearings, final divorce hearings and hearings on motions to modify financial matters

CRITICAL

Applies to

Filing

Filings must use standard statewide forms, which are available on the Wisconsin Courts Forms website.

7.9.01 Standard statewide forms are required for filing. Forms can be located at Wisconsin Courts Forms https://www.wicourts.gov/forms1/circuit/index.htm

CRITICAL

Applies to

Guardian of estate discharge

For discharge of the guardian of a deceased ward’s estate, the court must be notified of the death and an approved final account must be filed.

(2) Guardianship of the Estate – Deceased Ward Upon notification to the Register in Probate/Clerk of Juvenile Court office that the ward died and filing of the final account as approved by the court, the court will issue an order of discharge of the guardian of the estate.

CRITICAL

Applies to

Court report

A designated Department of Health and Human Services representative must prepare a court report in accordance with the cited statutes.

A designated representative of the Department of Health and Human Services shall prepare a court report in accordance to the mandates of §48.33 and §938.33, Wis. Stats.

CRITICAL

Applies to

Child abuse or harassment injunction

A child abuse or harassment injunction is filed with the Register in Probate office as a JI case only if the respondent is a minor or there is a pending CHIPS action involving the child victim.

Child abuse and/or harassment injunctions are only filed with the Register in Probate office as a JI case type if (1) the respondent is a minor, even if the petitioner is an adult, or (2) there is a pending CHIPS action involving the child victim.

CRITICAL

Applies to

Summary judgment or dismissal motion

A summary-judgment or dismissal motion must include supporting materials or a filed statement waiving the right to submit them.

A motion for summary judgment under Wisconsin Statute 802.08 and a motion for dismissal under Wisconsin Statute 802.06 shall include any brief or other supporting documents. If a movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed.

CRITICAL

Applies to

Affidavit

The affidavit must state the dates and times of the conferences and the names of all participants.

The affidavit must recite the date(s) and time(s) of the conference(s) and the names of all parties participating in the conference(s).

CRITICAL

Applies to

Divorce annulment worksheet

A hard copy of the Divorce Annulment Worksheet must be filed on or before the final hearing in every divorce or annulment action.

A hard copy of the Divorce Annulment Worksheet shall be filed on or before the final hearing in all divorce or annulment actions.

CRITICAL

Applies to

Expert witness disclosure

A party identifying an expert witness must also provide a report or summary of the expert’s testimony.

If a party identifies an expert witness, the party must also provide a report or summary of the expert’s testimony.

CRITICAL

Applies to

Request for case closure

For Chapter 48 cases, the Corporation Counsel office must file the Request for Case Closure in the CHIPS case.

The Corporation Counsel office shall file the Request for Case Closure in the CHIPS case for Chapter 48 cases, whereby the clerk shall schedule it for a hearing on the reserved time block for CHIPS case types.

CRITICAL

Applies to

Caption

If the petitioner is an adult and the respondent is a minor, the caption must list the respondent’s name to reflect the child’s name.

If the Petitioner is an adult and the Respondent is a minor, then the respondent’s name shall be listed to reflect the child’s name in the caption.

CRITICAL

Applies to

Objection to claim

An objection to a claim must be written and filed with the Probate Court together with a demand for formal administration.

An objection to a claim must be in writing and filed with the Probate Court along with a demand for formal administration.

CRITICAL

Applies to

Case closure order

The Case Closure Order must be filed in the CHIPS case, and copies must be sent to all parties.

The Case Closure Order shall be filed in the CHIPS case with copies sent to all parties.

CRITICAL

Applies to

Bond waiver

A bond waiver must contain substantially the specified statement agreeing that the personal representative may serve without bond.

A waiver of bond shall contain substantially the following language: I agree the personal representative may serve without bond.”

CRITICAL

Applies to

Motion

Motions must be written and state grounds with particularity, a legal standard, and a factual basis; noncompliance may result in dismissal or refusal to schedule.

4.2.01 All motions must be in writing and state the grounds “with particularity”. See Wis. Stat. §971.30. (1) Motions must provide a legal standard and a factual basis for the relief requested. (2) Failure to follow this requirement may be grounds for dismissal of the motion. (3) The Court may also refuse to schedule the motion.

CRITICAL

Applies to

Proposed order

The moving party must draft and submit a proposed order within 14 days of the hearing, subject to a 7-day hold and review unless the commissioner directs otherwise.

The moving party shall draft and submit a proposed order within 14 days of the hearing, under a 7-day hold and review, unless directed otherwise by the commissioner.

CRITICAL

Applies to

Support order

Support, family support, and maintenance orders must include the parties’ addresses, employers’ contact information, minor children’s names and birth dates, required statutory language, and specified payment details.

All orders which contain a provision for support, family support, or maintenance, shall contain the following: (1) The address of both parties. (2) The name, address, and phone numbers of the employers of the parties. (3) The name and birth date of any minor children. (4) The language required by Wisconsin Statute sections, including 767.225, 767.54, 767.511, 767.58, 767.75, 767.57. (5) A single payment amount and frequency along with a specific commencement date.

CRITICAL

Applies to

Notice to court

The Court must be notified when fees and expenses reach the deposit amount, and the notice must include the estimated final billing to conclude the case.

(1) The Court shall be notified when the amount of the fees and expenses reach the deposit amounts with such notice to include the estimated final billing to conclude the case.

CRITICAL

Applies to

Construction claim complaint

In a covered defective-construction or remodeling claim, the complaint must affirmatively state whether the plaintiff complied with all provisions of Wis. Stat. § 895.07.

In any small claims action in which the plaintiff alleges a claim of defective construction or remodeling of his or her dwelling pursuant to a written or oral agreement with a party who performed construction services and/or supplied construction materials relating to a resident dwelling or any existing structure at the plaintiff’s resident premises (including work relating to driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages or basements) the plaintiff shall affirmatively allege in his or her complaint whether he or she has complied with all provisions of Sec. 895.07 Wis. Stats.

CRITICAL

Applies to

Guardian ad litem statement

GALs must comply with the cited statutes and file form JD-1799 before dispositional, change-in-placement, revision, sanction, and permanency-plan-review hearings.

GAL’s are required to comply with Wis. Stat. § 48.235(3) and Wis. Stat. § 938.235(3), and must file form JD-1799, a Statement of Guardian ad Litem before a dispositional hearings, change in placement hearing, revision hearing, sanction hearings and permanency plan review hearings.

CRITICAL

Applies to

Agreement

An agreement reached between the officer and defendant must be provided to the Court using a stipulation and order form.

If the officer reaches an agreement with the defendant, the agreement shall be provided to the Court using a stipulation and order form.

CRITICAL

Applies to

Divorce annulment worksheet

The completed worksheet must be submitted to the branch or commissioner assigned to the final hearing.

(1) The completed worksheet shall be submitted to the assigned branch or commissioner assigned to the final hearing.

CRITICAL

Applies to

Statement of attorney fees

If the estate account is not filed in the probate office, a statement of attorney fees must be filed.

A statement of attorney fees shall be filed when the estate account is not filed in the probate office.

CRITICAL

Applies to

Witness list

Each party must have a witness list to share with the Court and the other parties.

All parties must have a witness list to share with the Court and other parties.

CRITICAL

Applies to

Complaint

A complaint in an action commenced by service outside Portage County must allege facts justifying venue in Portage County.

The complaint in all actions commenced by service outside of Portage County shall contain allegations justifying venue in Portage County.

CRITICAL

Applies to

Protective placement petition

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

(2) A comprehensive evaluation must be completed and filed with the court on all protective placement petitions.

CRITICAL

Applies to

Judgment

If the judgment incorporates a marital settlement agreement, a copy of that agreement must be attached to every copy of the judgment.

(2) If a marital settlement agreement is incorporated into the judgment, a copy of the marital settlement agreement shall be attached to all copies of the judgment.

CRITICAL

Applies to

Minor adoption petition

A minor adoption petition must be filed in the Register in Probate/Clerk of Juvenile Court office, and the petitioner must ensure it is filed in the correct county.

Petitions for minor adoptions shall be filed in the Register in Probate/Clerk of Juvenile Court office. The petitioner is responsible to ensure the petition is filed in the correct county of venue/jurisdiction.

CRITICAL

Applies to

Estate closing extension request

Must include

proposed order

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

(2) A proposed order shall also be submitted.

WARNING

Applies to

Protective placement petition

A request for comprehensive evaluation should also be filed at the same time as the petition for protective placement.

A request for comprehensive evaluation should also be filed at the same time as the petition for protective placement.

WARNING

Applies to

Court submission

GenAI use need not be disclosed when filing, but the Court may require disclosure if the submission’s accuracy or integrity is challenged.

Attorneys and parties do not have to disclose the use of GenAI upon filing submissions with the court. However, disclosure may be required by the court if the accuracy or integrity of the submission is challenged.

WARNING

Applies to

Adversary counsel appointment request

A party seeking adversary counsel may be required to complete a counsel-appointment petition and Affidavit of Indigency before the Court considers the request.

A party seeking the appointment of adversary counsel may be required to complete a petition for the appointment of counsel and an Affidavit of Indigency before the Court considers the appointment of counsel.

WARNING

Applies to

Financial disclosure form

The Family Court Commissioner or Court may require the parties to submit a completed Financial Disclosure form before appointing a GAL.

(2) The Family Court Commissioner or Court may require a party or parties to submit a Financial Disclosure form to be completed prior to the appointment of a GAL.

WARNING

Applies to

User appearance

Media members may appear by videoconference for bond hearings and other routine matters without requesting approval, but must identify themselves as media on the user appearance.

(4) Members of the media may appear by videoconferencing for bond hearings and other routine matters without making a request, but must identify themselves as a member of the media on the user appearance.

WARNING

Applies to

Non e filing document

Must include

case number

Non-e-filing documents must state the case number and the names of the principal parties.

(4) State the case number and names of the principal parties to the case.

WARNING

Applies to

Guardian ad litem appointment

The parties may seek a particular GAL attorney or the court may appoint one, but the GAL must be contacted before appointment in every case.

The parties may seek a specific attorney to act as Guardian ad litem (GAL), or a GAL may be appointed by the court, but in all cases the GAL shall be contacted prior to appointment.

WARNING

Applies to

Non e filing document

The filing party must retain the original document and produce it if the court requests it.

(8) The original document shall be maintained by the filing party and produced upon request of the Court.

WARNING

Applies to

Non e filing document

After the document is file-stamped, the self-represented filing party must retain the original and produce it if the court requests it.

Once file stamped, the original shall be maintained by the filing party and produced upon request of the Court.

WARNING

Applies to

Non e filing document

A document citing a published Wisconsin appellate decision must include its Callaghan reporter citation (Wis. 2d).

(6) When referring to published decisions of Wisconsin appellate courts, include the Callaghan reporter citation (Wis. 2d).

WARNING

Applies to

Petition for review

Petitions for review should include a detailed evidentiary affidavit identifying the petitioners’ specific objections and concerns about the agent’s conduct.

7.6.01 Petitions for review should include a detailed evidentiary affidavit setting forth the specific objection and concern the petitioners have with respect to the conduct of the agent.

WARNING

Applies to

Counsel appointment request

A party asking the Court to appoint counsel may be asked to show a State Public Defender eligibility form establishing ineligibility for appointed counsel.

A party asking the Court to appoint counsel may be asked to show the State Public Defender eligibility form showing that they are not eligible for the appointment of counsel.

WARNING

Applies to

Permanency plan

Permanency plans are required only for out-of-home placements.

Permanency plans are only required for out-of-home placements.

WARNING

Applies to

Non e filing document

Self-represented litigants must produce the original and copies of documents for filing.

(9) Self-represented litigants shall produce the original and copies of documents for filing.

WARNING

Applies to

User appearance

A non-party participant must identify their appearance by initials or by their role in the case.

Any non-party participant must identify their appearance by initials or role in the case.

WARNING

Applies to

Non e filing document

A non-e-filing document signed by an attorney must state the attorney’s State Bar Identification Number.

(7) If signed by an attorney, state the attorney’s State Bar Identification Number.

WARNING

Applies to

Written settlement offer

The State should make every effort to provide defense counsel a written settlement offer at least two weeks before the pretrial conference; offers to unrepresented defendants may be conveyed at the conference.

(2) The State should make every effort to provide a written settlement offer to defense counsel at least two (2) weeks prior to the pretrial conference. (a) For unrepresented defendants, offers may be conveyed at the pretrial conference.

INFO

Applies to

Estate accounting

Filing an estate accounting in an informal action is preferred.

Filing of an estate accounting in an informal action is preferred.