Racine County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Successor guardianship petition

A GAL report is required for a petition for a successor guardian for an adult.

A report from the GAL is required.

CRITICAL

Applies to

Judgment

When the divorce is based on an oral stipulation, attach a transcript of the agreement to the judgment unless the court orders otherwise.

If the divorce was upon oral stipulation, a transcript of the agreement shall be attached to the judgment unless otherwise ordered by the court.

CRITICAL

Applies to

Final stipulation

For a stipulated hearing involving represented parties, a final stipulation signed by both parties must be filed with the family court commissioner before or at the hearing.

(c) A final stipulation, signed by both parties, is filed with the family court commissioner either before or at the time of the hearing;

CRITICAL

Applies to

Domestic abuse action forms

Attorneys filing domestic abuse actions under Wis. Stat. 813.12 must use forms provided by the clerk of courts’ office.

Attorneys shall use the forms provided by the clerk of courts’ office in filing actions under Wisconsin Statute 813.12 (domestic abuse).

CRITICAL

Applies to

Step parent adoption

For a step-parent adoption, copies of the Petition, Order for Hearing, and probate-office face sheet must be filed with the family court commissioner’s office.

A copy of the Petition and Order for Hearing shall be filed with the family court commissioner’s office along with a copy of the “face sheet” available in the probate office.

CRITICAL

Applies to

Final stipulation

For a stipulated hearing involving pro se litigants, a final stipulation signed by both parties must be submitted to and approved by the family court commissioner.

(c) A final stipulation, signed by both parties, is submitted to the family court commissioner thirty days prior to the date of the hearing and said stipulation is approved by the family court commissioner;

CRITICAL

Applies to

Garnishment order

A garnishment order must direct payment from the garnishee defendant directly to the plaintiff or attorney.

The order to garnishee shall indicate payment directly from the garnishee defendant to the plaintiff/attorney.

CRITICAL

Applies to

Financial institution letter

For the stated statutory alternative, the petitioner must furnish an approved financial institution's letter confirming the funds will be deposited in a restricted interest-bearing account with no withdrawals absent a court order.

If the assets of the minor are $50, 000 or less, the petitioner shall have the option of using a statutory alternative to a guardianship of the estate pursuant to §54.12(1), Wis. Stats., provided: a) the petitioner furnishes a letter from a statutorily approved financial institution confirming that the money will be deposited in a restricted interest bearing account and no withdrawals are permitted without a court order.

CRITICAL

Applies to

Findings of fact

When the divorce is based on a written stipulation, the stipulation must be attached to the findings of fact.

If the divorce was upon written stipulation, the stipulation must be attached to the findings of fact.

CRITICAL

Applies to

Final stipulation

Before obtaining a date for a default hearing, the parties must file a final stipulation covering all issues and signed by both parties.

1. Before a date for a default hearing is obtained, a final stipulation must be filed which covers all issues and is signed by both parties.

CRITICAL

Applies to

Consolidation order

Before consolidating a case from another division, file a consolidation order approved in writing by both the transferring judge and the receiving judge.

1. Before a case may be consolidated with another from another division of the court, an order directing such consolidation shall be filed which has been approved in writing by both the judge from whose court the case is being transferred and the judge to whom the case will be assigned.

CRITICAL

Applies to

Completed plea forms

Pro se defendants must have their completed forms in the court file when they enter a plea.

Pro se defendants shall have their completed forms in the court file at the time of entry of plea in accord with E-3 above.

CRITICAL

Applies to

Findings of fact conclusions of law judgment

The findings, conclusions, and judgment must include each party’s last known address, place of employment, gross and net monthly income, and the legal description of affected real estate; driver’s license numbers are required if support or maintenance is ordered.

The findings of fact, conclusions of law and judgment shall include: (a) Each party’s last known address; (b) Each party’s place of employment; (c) Each party’s gross and net monthly income; (d) Each party’s drivers license number, if child support, family support or maintenance is ordered; and (e) The legal description of any real estate affected by the judgment.

CRITICAL

Applies to

Telephonic appearance

A party appearing telephonically must confirm in writing before the hearing and enclose a self-addressed stamped envelope; without the envelope, the party waives receipt of the Scheduling Order and remains bound by it.

b) Confirm in writing to the court BEFORE the hearing. c) Enclose a self addressed stamped envelope so a copy of the Scheduling Order can be mailed to the party. If no return envelope is provided, that party is deemed to waive receipt of a copy of the Scheduling Order and shall be bound by the Order.

CRITICAL

Applies to

Final stipulations findings conclusions judgments

When a guardian ad litem has been appointed, final stipulations, findings and conclusions, and judgments must be approved by the guardian ad litem.

If a guardian ad litem has been appointed, final stipulations, findings of fact and conclusions of law, and judgments must be approved by the guardian ad litem.

CRITICAL

Applies to

Affidavit of mailing

A successor guardian appointed without a hearing must file an Affidavit of Mailing within 10 days after the Order is signed, stating that all statutorily interested persons received the Notice and Order.

If a successor guardian is appointed without a hearing, the successor guardian must file within 10 days of the signing of the Order an Affidavit of Mailing stating that all statutorily interested persons have received the Notice and Order.

CRITICAL

Applies to

Judgment

The Judgment must contain driver’s license numbers and vital statistics for all parties.

The Judgment, containing driver’s license numbers and vital statistics for all parties, must be filed by the petitioner’s attorney within 30 days of the hearing.

CRITICAL

Applies to

Findings of fact conclusions of law and judgment

Completed findings of fact, conclusions of law, and judgment must be submitted to and approved by the family court commissioner.

(e) A completed findings of fact, conclusions of law and judgment is submitted to the family court commissioner thirty days prior to the date of the hearing and said document is approved by the family court commissioner; and

CRITICAL

Applies to

Stipulation and order for dismissal

A stipulation and order for dismissal must be filed following settlement.

The stipulation and order for dismissal shall be filed within 30 days of the notice of settlement, or the action will be set for dismissal and notice given.

CRITICAL

Applies to

Judge substitution request

Requests to substitute a judge must be filed in accordance with Wisconsin Statute 971.20.

All requests for the substitution of a judge must be filed in accordance with Wisconsin Statute 971.20.

CRITICAL

Applies to

Occupational license request

Occupational license request forms and supporting documentation must be presented to the Traffic Court.

1. All request forms and documentation are to be presented to the Traffic Court.

CRITICAL

Applies to

Written proof of notification

The requesting party must file written proof of notification with the Court by the hearing date.

The party shall file with the Court written proof of compliance of the written notification on or before the hearing date.

CRITICAL

Applies to

Family court claim

Each claim for services in family court must be accompanied by a separate money judgment against the parties.

All claims for services in family court shall be accompanied by a separate money judgment against the parties.

CRITICAL

Applies to

Pre appearance bond

Each pre-appearance bond in a case involving alleged domestic abuse 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 each pre-appearance bond.

CRITICAL

Applies to

Judgment

If judgment follows a trial, attach a transcript of the judge’s decision to the judgment unless the court orders otherwise.

If judgment was granted as a result of a trial, a transcript of the judge’s decision shall be attached to the judgment unless otherwise ordered by the court.

CRITICAL

Applies to

Vital statistics form

A completed vital statistics form must be submitted to the family court commissioner 30 days before the hearing.

(d) A completed vital statistics form is submitted to the family court commissioner thirty days prior to the date of the hearing;

CRITICAL

Applies to

Ex parte order request

Submit ex parte order requests to the assigned circuit court judge; if that judge is unavailable, the request may be submitted to another judge assigned to family court matters.

All requests for ex parte orders, whether prejudgment or post judgment, shall be submitted to the circuit court judge assigned to the case. If the assigned judge is not available, the request may then be submitted to the other judged assigned to hear family court matters.

CRITICAL

Applies to

Final stipulations findings conclusions judgments dismissals support orders

Final stipulations, findings and conclusions, judgments, dismissals, and support orders must be approved by the family court commissioner.

Final stipulations, findings of fact and conclusions of law, judgments, dismissals and all orders for support must be approved by the family court commissioner.

CRITICAL

Applies to

Change of plea and waiver forms

A change-of-plea form and waiver-of-rights form must be filed with the court clerk at least four working days before the scheduled plea date.

When a case is set for a change of plea and placed upon the court calendar, the change of plea form and waiver of rights form must be filed with the clerk of that court not less than four working days prior to the change of plea date.

CRITICAL

Applies to

Guilty no contest plea

In criminal traffic matters, the guilty/no contest plea questionnaire and waiver of rights form must be completed.

In criminal traffic matters, the guilty/no contest plea questionnaire and waiver of rights form shall be completed.

WARNING

Applies to

Settlement agreement

An individual may waive the time period for a probable cause or final hearing for up to 90 days by entering a written settlement agreement with a court-approved treatment plan.

Pursuant to Wis. Stat. §51.20(8)(bg), the individual may waive the time period for holding a probable cause or final hearing for up to 90 days by entering a written settlement agreement with a treatment plan that is approved by the court.

WARNING

Applies to

Temporary order

Each temporary order issued by the family court commissioner will include notice directing the parties and their attorneys to attend a scheduling conference 120 days after service.

Attached to each temporary order issued by the family court commissioner will be a notice to all parties and their attorneys to appear at a scheduling conference before the family court commissioner 120 days after the date of service.

WARNING

Applies to

Default judgment

A court appearance is not required if an affidavit establishes proof to the court’s satisfaction.

A court appearance is not a requisite if proof can be established by affidavit to the satisfaction of the court.

WARNING

Applies to

Estate administration forms

If a copy of the will is filed, its filing must be indicated on each of the listed estate-administration forms.

If a copy of Will is filed, it must be indicated on the Application for Informal Administration, Petition for Formal Administration, Waiver and Consent, Statement of Informal Administration, and Order for Administration.

WARNING

Applies to

Inventory

An inventory must state the method used to determine real estate value.

The inventory must indicate the method used in determining real estate value.

WARNING

Applies to

Petition for guardianship

If feasible, an existing Health Care Power of Attorney or Durable Power of Attorney or like advance directive is to be filed with the Petition for Guardianship (temporary and permanent).

If feasible, an existing Health Care Power of Attorney or Durable Power of Attorney or like advance directive is to be filed with the Petition for Guardianship (temporary and permanent).

WARNING

Applies to

Garnishment order

Garnishment money is not to be ordered into the clerk’s office.

Money is not ordered into the clerk's office.

WARNING

Applies to

Will

When filing a will for a decedent with no assets, a letter indicating there are no assets must accompany the will.

Upon filing a will wherein the decedent has no assets, a letter indicating no assets must accompany the will.

WARNING

Applies to

Settlement agreement

The court may approve a settlement agreement without a hearing if it is signed by the individual, counsel, and corporation counsel and provided before the scheduled hearing, but the court may still require a hearing and the parties may request one.

1. If the Probate Court is provided with a signed settlement agreement executed by the individual, the individual’s counsel and the corporation counsel before the time scheduled for the probable cause or final hearing, the Probate Court may approve the settlement agreement without a hearing. 2. Nothing in this rule shall limit the Probate Court from requiring that the parties appear for the probable cause or final hearing to approve a settlement agreement nor limit the parties from requesting that the Probate Court hold the probable cause or final hearing to approve a settlement agreement.

WARNING

Applies to

Minor court settlement approval order

If feasible and practical, the order approving the minor court settlement shall direct the insurance carrier to pay the proceeds directly into the account established under this provision.

If feasible and practical, the order approving the minor court settlement shall direct the insurance carrier to pay the proceeds directly into the account established under this provision.

WARNING

Applies to

Affidavit of mailing

An affidavit of mailing to creditors must be submitted to prove that notice was given.

An affidavit of mailing as to creditors is required as proof that notice was given to creditors.

WARNING

Applies to

Petition

All petitions must be filed with the probate division.

All petitions are filed with the probate division.

INFO

Applies to

Monthly budget

For an individual in independent living, the guardian may submit a monthly budget; if approved, expenses paid under it need not be itemized in the annual accounting report.

In cases where the Individual is in independent living, the guardian may submit a monthly budget to maintain the Individual in independent living. If the court approves the monthly budget, the guardian will not be required to itemize the expenses paid under the monthly budget in the annual accounting report.

INFO

Applies to

Plea form

A plea form is not required for pleas to charges amended to forfeiture or ordinance violations.

No form is required for pleas to charges amended to forfeiture or ordinance violations.

INFO

Applies to

Stipulated temporary order

Parties may seek to avoid appearing at the first hearing by filing a stipulated temporary order with their financial disclosures and attachments; if the commissioner approves it, the hearing is waived.

If the parties wish to avoid appearance at the first hearing, they may file a stipulated temporary order together with their preliminary financial disclosure statements and the required attachments, as described in paragraph 4 above. If the stipulation is approved by the family court commissioner, the first hearing will be waived.