Racine County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Not guilty plea

A party must make a not-guilty plea in person unless the court allows otherwise.

All not guilty pleas must be made in person by the party unless otherwise allowed by the court.

CRITICAL

Applies to

Presentence report

Copies of the presentence report must be made available to specified recipients at least 48 hours before sentencing; counsel and the defendant must review it, distributed copies may not be copied, and counsel must return their copies at sentencing.

At least 48 hours prior to a scheduled sentencing, the Office of Probation and Parole shall make available copies of the presentence report to the sentencing judge, the district attorney, and the defendant's attorney. Counsel and the defendant shall have reviewed the report in full prior to the date of sentencing. No copies may be made of the reports distributed. Counsel shall return their copies of the report to the court at the time of sentencing.

CRITICAL

Applies to

Prejudgment order

Prejudgment orders must be signed by the family court commissioner unless the assigned judge directs otherwise.

All prejudgment orders shall be signed by the family court commissioner, unless directed otherwise by the judge assigned to that case.

CRITICAL

Applies to

Fee waiver request

A petitioner seeking a fee waiver based on indigency must attach a completed financial disclosure form, signed and sworn to, stating all income, assets, debts, and expenses.

2. If the petitioner is requesting an order for waiver of fees/costs based upon an affidavit of indigency (due to poverty), he or she shall affix a completed financial disclosure form to the request for waiver of filing fee. The financial disclosure shall be signed and sworn to by the requesting party and shall state all income, assets, debts and expenses of the party.

CRITICAL

Applies to

Statutory pleadings

Within 30 days of a decision/verdict, statutory pleadings shall be submitted to perfect the judgment.

Within 30 days of a decision/verdict, statutory pleadings shall be submitted to perfect the judgment.

CRITICAL

Applies to

Bail modification motion

Bail modification motions must indicate the hearing date.

All bail modification motions must be in written form, with the date of the hearing indicated.

CRITICAL

Applies to

Motion

The hearing date must be inserted on motion dates.

Motion dates shall have the date of hearing inserted.

CRITICAL

Applies to

Motion

All motions must be in written form and scheduled through the Case Manager or Court Worker regardless of the Judge assigned. The hearing date shall be indicated on the motion papers.

All motions must be in written form and scheduled through the Case Manager or Court Worker regardless of the Judge assigned. The hearing date shall be indicated on the motion papers.

CRITICAL

Applies to

Bank statement

The petitioner must furnish the probate court office a bank statement verifying the deposit within 30 days of the order.

Within 30 days of the Order, the Petitioner is to furnish to the probate court office a bank statement that verifies the money was deposited.

CRITICAL

Applies to

All papers

Must include

case number

All filed papers must indicate the case number.

The case number must be indicated.

CRITICAL

Applies to

Ex parte order request

An ex parte order request must set a return date before the judge or family court commissioner within 10 days of filing and state that the order lasts only until the hearing and may be modified or revised by the commissioner.

All requests for an ex parte order shall contain a return date before the judge or family court commissioner within ten (10) days of filing and shall contain language which (a) extends the ex parte order only until the date and time of the hearing and (b) specifically permits modification or revision of said order by the family court commissioner.

CRITICAL

Applies to

Letters of guardianship

Separate Letters of Guardianship are required for a GOP and a GOE.

Separate Letters are required for a GOP and a GOE.

CRITICAL

Applies to

Ex parte order

If service has not been obtained by the hearing date, a new ex parte order must be obtained from the circuit court assigned to the case.

If service is not obtained by the date of the hearing, a new ex parte order must be obtained from the circuit court to which the case is assigned.

CRITICAL

Applies to

Birth certificate

The current birth certificate must be presented to the court.

The birth certificate as it is now must be presented to the court.

CRITICAL

Applies to

Paper

Must include

case number

All papers filed with the felony division must indicate the case number.

All papers shall be filed with the felony division. The case number must be indicated.

CRITICAL

Applies to

Small claims summons

A summons must be filed with the circuit court clerk along with the required fee to initiate a small claims action.

To initiate a small claims action, the summons shall be filed along with the fee with the clerk of circuit court office.

CRITICAL

Applies to

Request for walk in hearing

A written Request for Walk-In Hearing form must be completed and its original filed with the court.

A written "Request for Walk-In Hearing" form must be completed, with the original to be filed with the court and copies to be distributed to all other parties.

CRITICAL

Applies to

Scheduling change request

Scheduling changes require judicial approval of a written request, after which the Case Manager or Court Worker coordinates the changes with all parties.

If scheduling changes are necessary, the Case Manager or Court Worker shall coordinate those changes with all parties involved upon judicial approval of written request.

CRITICAL

Applies to

Occupational license request

Occupational license requests must specify the driver’s operating hours and counties of travel and include proof of insurance.

6. All drivers must specify their hours of operation and counties of travel. 7. Exhibit proof of insurance.

CRITICAL

Applies to

Minor guardianship petition

A minor guardianship petitioner must file, with the petition, a prescribed-form statement listing each person living in the petitioner’s residence and that person’s birth date.

The probate guardianship administrator shall require that any Petitioner for a minor guardianship of the person file with the court at the time of filing the petition, a statement containing the name and birth date of each individual living in the residence of the Petitioner. The statement shall be on a form provided by the probate guardianship administrator.

CRITICAL

Applies to

Post verdict motion

A memorandum must accompany each post-verdict motion, and a copy must be provided to the opposing party.

Motions after verdict must be filed and served within 20 days of the verdict and accompanied by memorandum with copy to opposing party.

CRITICAL

Applies to

Bail modification motion

Bail modification motions not considered at a regularly scheduled proceeding must be written and state the hearing date.

All other bail modification motions must be in written form, with the date of the hearing indicated.

CRITICAL

Applies to

Affidavit of service

An affidavit of service must be filed in a small claims action.

The affidavit of service shall be filed no less than 48 hours in advance of the first hearing.

CRITICAL

Applies to

Written statement requesting removal of rights or transfer of powers

Must include

proposed order

A proposed order must accompany a written statement requesting removal of rights or transfer of powers to the guardian.

The proposed order must be submitted with the written statement requesting removal of rights from the individual or the transfer of powers to the guardian.

CRITICAL

Applies to

Plea form

A separate plea form must be submitted for each count in a case involving multiple counts.

In cases involving multiple counts a separate form shall be submitted for each count.

CRITICAL

Applies to

Gal report

The GAL report and recommendation must address the rights revoked and powers transferred.

The GAL report and recommendation must cover the rights revoked and powers transferred.

CRITICAL

Applies to

Petition for compensation

A guardian seeking compensation must use the Petition and Order for Fees form and itemize services by date with a sufficient description of each service.

If the guardian petitions the court for compensation for services, the guardian must provide an itemization of services rendered by date and a sufficient description of the service rendered using the Petition and Order for Fees form available at the probate court office.

CRITICAL

Applies to

Petition for temporary guardian for incompetent

A temporary guardianship petition must be accompanied by the specified medical summary statement, or may instead be supported by personal-knowledge testimony accompanied by a hospital admission report or history and physical report establishing a reasonable likelihood of incapacity.

A Petition for a Temporary Guardian for Incompetent shall be accompanied by a summary statement from a M.D. or PhD or PsyD stating that there is a reasonable likelihood the individual is incapacitated, or testimony from a person with personal knowledge accompanied with a hospital admission report or a history and physical report establishing a reasonable likelihood the individual is incapacitated is also permissible.

CRITICAL

Applies to

State mandated forms

Attorneys and pro se litigants must use all state-mandated forms, including the forms listed in this section.

Attorneys as well as pro se litigants shall use all state mandated forms, which include:

CRITICAL

Applies to

Property surety submission

Before property may be considered for bond, the surety holder must furnish proof of ownership, title, equity, and any outstanding mortgages or liens.

If property is to be considered for bond, the surety holder must furnish proof of ownership, title and equity together with proof of any outstanding mortgages or liens prior to the surety being considered.

CRITICAL

Applies to

Domestic abuse restraining order forms

Domestic abuse restraining order filings must use the required State forms available from the clerk of court on the eighth floor.

The use of State forms (available from the clerk of court on the eighth floor) is required:

CRITICAL

Applies to

Written notice to vacate

An eviction action requires a written notice to vacate filed with the small claims division before the return date.

A written notice to vacate premises must be filed with the small claims division prior to the return date.

CRITICAL

Applies to

Proposed order

An order for court signature must first be presented to opposing counsel or the opposing party, then presented to the Court Clerk for forwarding to the appropriate judge.

All Orders for signing by the Court shall first be presented to opposing counsel or party before being presented to the Court Clerk who will forward the proposed order to the appropriate judge.

CRITICAL

Applies to

Guilty no contest plea questionnaire and waiver of rights form

If a plea agreement is reached, all pro se defendants must complete the guilty/no contest plea questionnaire and waiver of rights form at the status conference.

The guilty/no contest plea questionnaire and waiver of rights form shall be completed by all pro se defendants at the status conference if a plea agreement is reached.

CRITICAL

Applies to

Certificate of indemnification insurance

A corporate guardian of the estate must keep on file a current certificate of indemnification insurance covering its acts, with coverage of at least $100,000.

If there is a corporate guardian of the estate, the corporate guardian must have on file a current certificate of indemnification insurance covering their acts as a corporate guardian in an amount of at least $100,000.

CRITICAL

Applies to

Replevin judgment

A replevin judgment must be docketed before the clerk issues execution to the sheriff.

A replevin judgment must be docketed before the clerk will issue an execution to the sheriff.

CRITICAL

Applies to

Estate deadline extension

A missed estate deadline requires filing a Petition for Extension of Time and an Order Extending Time.

Petition for Extension of Time and Order Extending Time must be filed if estate deadlines are not met.

CRITICAL

Applies to

Pre appearance bond

Every pre-appearance bond in a domestic-abuse case must include a no-contact-with-the-victim provision.

In every situation where the alleged crime involves domestic abuse, there shall be a "no contact with the victim" provision in every pre-appearance bond.

CRITICAL

Applies to

Parenting plan

Each parent must complete their own parenting plan form and ensure its original is filed with the court.

Each parent is responsible for filing out the form on his/her own behalf and seeing that the original is filed with court and that all attorneys and the other parent receive a copy.

CRITICAL

Applies to

Substitution request

Requests for substitution must be filed in accordance with the cited Wisconsin statutes.

All requests for substitution must be filed in accordance with §345.315 or 971.20, Wis. Stats.

CRITICAL

Applies to

Judgment

The clerk will not sign a judgment unless findings and conclusions or an order for judgment has been prepared for the judge’s signature.

A clerk will not sign a judgment unless: (a) Findings of fact and conclusions of law or an order for judgment has been prepared for the judge's signature;

CRITICAL

Applies to

Preappearance bond surety

Before property may be considered for a preappearance bond, the surety holder must furnish proof of ownership, title, equity, and any outstanding mortgages or liens.

If property is to be considered for preappearance bond, the surety holder must furnish proof of ownership, title and equity together with proof of any outstanding mortgages or liens prior to the surety being considered.

CRITICAL

Applies to

Preliminary financial disclosure statement

Each party must file a preliminary financial disclosure statement at the first hearing, listing assets, liabilities, income, and budget, with recent tax returns and paycheck stubs attached.

At the time of the first hearing each party shall file a preliminary financial disclosure statement listing all of their joint or individual assets and liabilities, and the individual’s income and budget. A copy of the parties’ most recent tax returns together with copies of his or her most recent paycheck stubs shall be attached to the disclosure statement.

CRITICAL

Applies to

Victim notice

A notice of a victim's right to confer must identify the person the victim should contact to exercise that right.

All notices of any right of the victim to confer on a matter shall specify the person who the victim is to contact to exercise such right.

CRITICAL

Applies to

Vital statistics form for change of name

The vital statistics form for reporting a name change must be prepared before the hearing.

The vital statistics form for reporting change of name must be prepared prior to the date of the hearing.

CRITICAL

Applies to

Garnishment order to pay

An order to pay must direct the garnishee defendant to pay the money directly to the plaintiff or attorney.

Orders to pay must direct the garnishee defendant to pay the money directly to the plaintiff/attorney.

CRITICAL

Applies to

All papers

All papers must be filed with the criminal division.

All papers shall be filed with the criminal division.

CRITICAL

Applies to

Motion

The hearing date must be indicated on motion papers.

The hearing date shall be indicated on the motion papers.

CRITICAL

Applies to

Child support interim financial summary

When appropriate, the Child Support Interim Financial Summary form must be completed by the petitioning attorney or party and delivered to the clerk.

At the conclusion of a hearing in which a support order is established or modified, the Child Support Interim Financial Summary form will be provided if appropriate. The petitioning attorney or party shall be required to complete the form and deliver it to the clerk within 24 hours.

CRITICAL

Applies to

Judge substitution

Substitutions of judge upon rotation must be filed pursuant to the cited statutes.

5. This rule shall be notice of rotation and case assignment; and substitutions of judge upon rotation shall be filed pursuant to §981.58 Stats. or §971.20 Stats. or §938.29 Stats.; and, computing time pursuant to §801.15(1)(b), 985.09, and 990.001(4).