Portage County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

At the required pre-hearing meeting for other contested cases, each party must give the other party copies of all documents it intends to use.

During that meeting, parties shall: 1. Give the other party a copy of all documents they intend to use at the hearing.

CRITICAL

The Petitioner must ensure that each unrepresented party is sent a copy of the judgment.

(1) The Petitioner shall ensure that a copy of the judgment is sent to any unrepresented party.

CRITICAL

Before service, the petitioner must provide the respondent’s full name, date of birth, gender, and address.

The Sheriff is not able to serve the TRO or petition for injunction unless the respondent is clearly identified by full name, date of birth, gender, and address. (1) The petitioner is responsible for providing this information before service will be made.

CRITICAL

Service

Personal service

Personal service is required for out-of-county or out-of-state plaintiffs or defendants and for eviction and replevin actions.

8.1.02 Personal service is required for out-of-county and out-of-state plaintiffs or defendants, as well as for evictions and replevin actions.

CRITICAL

Deadline

48 hours

Although the State need not represent the victim, it must notify the victim of the hearing and provide the Court notice of that proof at least 48 hours beforehand.

The State is not statutorily required to represent the victim at the restitution hearing, but shall notify the victim of the hearing and provide the Court with notice of that proof no later than 48 hours before the restitution hearing.

CRITICAL

A copy must be provided to the Portage County Child Support Agency when maintenance or child support is involved.

(1) A copy must be provided to the Portage County Child Support Agency, if maintenance or child support are involved.

CRITICAL

If service fees are not waived, the petitioner must give the Sheriff two copies of the documents and pay the fees at the sheriff’s department.

(1) If service fees are not waived, the petitioner must provide the Sheriff with two copies of the documents and pay the service fees at the sheriff’s department.

CRITICAL

A person who is not a Wisconsin resident may be appointed as Personal Representative in an informal probate matter only if: (1) The personal representative has an appointed Wisconsin resident as agent for service of process; and

A person who is not a Wisconsin resident may be appointed as Personal Representative in an informal probate matter only if: (1) The personal representative has an appointed Wisconsin resident as agent for service of process; and

CRITICAL

The petitioner must obtain and provide proof of service before or at the hearing.

The petitioner shall be responsible to obtain and provide proof of service prior to or at the hearing.

CRITICAL

Service

Mail to all parties

After the order is signed, the Register in Probate office must mail a copy to all parties.

Once the order is signed, the Register in Probate office shall mail a copy to all parties.

CRITICAL

The landlord must provide the tenant a copy of the damages itemization during the parties’ pre-hearing meeting.

The plaintiff/landlord shall provide the tenant with a copy of the itemization of damages.

CRITICAL

Deadline

48 hours

Applies to

Financial disclosure and hearing documents

Parties appearing remotely must provide the other parties with their financial disclosure form and relied-upon documents at least 48 hours before the hearing.

Parties appearing remotely must provide the other parties, at least 48 hours in advance of the hearing, with a financial disclosure form and other documentation upon which the party will rely during the hearing.

CRITICAL

The documents must be served on the respondent by the Portage County Sheriff.

advise the petitioner that the documents must be served on the respondent by the Portage County Sheriff.

CRITICAL

The Sheriff’s Department will attempt service and provide the Clerk with proof of service or non-service before the injunction hearing.

The Sheriff’s Department will attempt to serve the respondent with the TRO and petition for injunction. (1) Whether service is successful or not, the Sheriff’s Department will provide the Clerk of Courts with proof of service or non-service before the hearing date for the injunction.

CRITICAL

Both parties must provide the financial disclosure filing to the other party or counsel.

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, and provided to the other party or counsel.

CRITICAL

Unless a statute or court order permits otherwise, the filing party must serve a copy on all parties in accordance with applicable law and include the specified service certification.

(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

The personal representative or the estate’s attorney must send notice of a claim objection to all interested parties.

The personal representative or attorney for the estate shall send notice of the objection to all interested parties.

CRITICAL

Applies to

Summons and petition

The petitioning party must serve the other party with the program-attendance order together with the Summons and Petition.

The petitioning party must serve the other party with a copy of a court order requiring attendance at the program, along with the Summons and Petition.

CRITICAL

Service

Personal service

An order to show cause seeking contempt for failure to disclose assets must be personally served on the judgment-debtor unless the Circuit Court permits or directs otherwise.

Any order to show cause served upon a judgment-debtor seeking contempt for failure to comply with an order requiring disclosure of assets pursuant to Sec. 799.26 Wis. Stats. shall be personally served upon such judgment-debtor unless otherwise permitted or directed by the Circuit Court.

CRITICAL

At the required pre-hearing meeting for a rent and damages hearing, the parties must give each other copies of all documents they intend to use.

The parties shall provide each other with a copy of all documents they intend to use at the hearing.

CRITICAL

Applies to

De novo hearing request

A party requesting a new hearing must immediately send a copy of the written request to the opposing party.

Any party who was present at the hearing has the right to have the assigned judge hold a new hearing by filing a written request with the judge’s assistant, with a copy sent immediately to the opposing party, within 20 days of the oral decision of the family court commissioner, or within 20 days of mailing or upon e-notice to a registered electronic notice party of the written decision if the order was not orally given at the time of the hearing.

CRITICAL

Copies of the Case Closure Order 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

Supporting brief

A supporting brief for a motion other than summary judgment or dismissal must be served at least 10 days before the scheduled hearing.

If a movant desires to file a brief in support of a motion, other than one for summary judgment or dismissal, the brief shall be served and filed at least 10 days prior to any scheduled hearing date.

CRITICAL

A TRO is ineffective until served, and the injunction hearing cannot proceed until the respondent is served with the petition under statutory requirements.

TRO’S are not effective until they are served on the respondent. An injunction hearing can not proceed until the respondent is served with the petition pursuant to statutory service requirements.

CRITICAL

The objector or the objector’s attorney must send notice of the objection to all interested parties.

The objector or attorney shall send notice of the objection to all interested parties.

WARNING

A party planning to introduce evidence must bring extra copies to provide one to the other party during the hearing.

(3) A party planning to introduce evidence must have extra copies so that a copy can be provided to the other party during the hearing.

WARNING

Applies to

Criminal complaint

The intake prosecutor is expected to print and distribute the complaint to a defendant who may appear pro se at the initial appearance.

The prosecutor covering intake proceedings is expected to print copies of criminal complaints for those cases in which a defendant may appear pro se at the initial appearance, and distribute that complaint to the defendant.

WARNING

When service fees are waived, the Clerk of Courts sends the documents to the Sheriff for service.

If service fees are waived, the Clerk of Courts will send the documents to the Sheriff for service.

INFO

Court staff will provide copies to unrepresented parties who are not designated electronic notice parties.

(1) Court staff will provide copies to the parties if unrepresented and not designated as an electronic notice party and will provide a copy of the judgment to the Portage County Child Support Agency.

INFO

Service

Mail

A Portage County resident may serve a small-claims summons and complaint by mail under § 799.12(3) Wis. Stats.

8.1.01 Small Claims service of a summons and complaint by any individual resident of Portage County may be by mail, pursuant to § 799.12(3) Wis. Stats.

INFO

The court will send a notice of hearing to interested parties.

A notice of hearing will be sent to the interested parties from the court.