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

CRITICAL

An order submitted for the court's signature must first be presented to opposing counsel or the opposing party.

All Orders for signing by the Court shall first be presented to opposing counsel or party before being presented to the Court.

CRITICAL

The District Attorney must notify victims that a petition was dismissed or did not result in a consent decree or dispositional order as soon as reasonably possible after the event.

(d) Notice that a petition has been dismissed or did not result in a consent decree of dispositional order, given as soon as reasonably possible after such event has occurred. (§938.12, Wis. Stats.)

CRITICAL

Applies to

Petition

A petition alleging a delinquent act by a child under 10 must also be served on the state public defender in Racine County.

Any person or agency bringing a petition against a child under 10 years of age alleging a delinquent act as defined in Chapter 938, Wis. Stats. shall, in addition to service of the petition upon the juvenile, the parent of the juvenile, the guardian of the juvenile or any person having legal custody or control of the juvenile, also serve a copy of the petition upon the state public defender in Racine County for review and providing counsel as may be appropriate for the juvenile.

CRITICAL

Deadline

48 hours

Copies of the report for all counsel must be available at the juvenile court at least 48 hours before the hearing.

Copies of the report for all counsel in the matter shall also be available at the juvenile court at least 48 hours prior to the hearing.

CRITICAL

Applies to

Notice of application for default judgment

Service

Mail

If service was not personal, notice of an application for default judgment must be mailed to the defendant at least ten days before the default judgment date.

If service is not personally made, notice of application for default judgment must be mailed to the defendant no less than ten days prior to default judgment date.

CRITICAL

The probate court clerk must send all notices.

The clerk of probate court will send all notices.

CRITICAL

Applies to

Summons

Service

Personal service

For money and replevin actions, the summons must be served at least 14 days before the return date, and personal service must be obtained within 60 days.

For money and replevin actions the summons must be served at least 14 days before the return date and not more than 60 days to obtain personal service.

CRITICAL

When issuing a petition for determination of status, the District Attorney must notify victims of the listed procedures and rights.

(b) Upon issuing a petition for determination of status, notice shall be given of the procedure for requesting HIV or STD testing of a juvenile; the right to request and receive notice of hearings; the right to a separate waiting area; the right to have his or her interest considered concerning continuances; the right to have victim impact information included in a court report and to have the person preparing the court report attempt to contact the victim; the right to employer intercession services; the right to make a statement to the court; the right to information regarding any consent decree or dispositional order; the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and if the district attorney decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition. (§938.346(1m), Wis. Stats.)

CRITICAL

The movant must immediately serve the opposing side with the brief and supporting documents and notice of the hearing date.

Movant shall immediately serve a copy of his/her brief and supporting documents upon the opposing side with notice of the hearing date.

CRITICAL

Service must be made within 60 days after filing or the action will be dismissed.

If service is not made within 60 days of filing, the action will be dismissed.

CRITICAL

Deadline

2 business days

Service

Personal service to opposing party

Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.

Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.

CRITICAL

If an adjournment is granted, the requesting party must notify all other parties of the new date.

If the adjournment is granted, it is the responsibility of the requesting party to notify all other parties of the new date.

CRITICAL

The probate guardianship administrator must calendar annual reviews, schedule hearings, and notify the listed individuals and entities.

The probate guardianship administrator will diary the annual reviews and schedule hearings and notify Human Services Dept., GAL, Guardian and agent under a HCPOA, corporation counsel, VA, and individual

CRITICAL

Applies to

Pleadings

If a party or a child is receiving, has received, or has applied for public assistance, the moving party must serve all pleadings on Racine County Child Support Enforcement within 20 days of serving the other party.

1. Racine County Child Support Enforcement: When any party or one or more of his or her children is presently receiving, has received, or has applied for public assistance (i.e. Wisconsin Works, AFDC, Medical Assistance or Foster Care) the moving party shall, within twenty (20) days of service on the other party, serve a copy of all pleadings on Racine County Child Support Enforcement located at 818 6th Street, Ste. 2 Racine, WI. See Sec.767.217 Wis. Stats.

CRITICAL

Applies to

Summons

Service

Publication

If personal service cannot be obtained within 60 days, the case can be adjourned for publication and that publication service must be within 90 days of filing.

If personal service cannot be obtained within 60 days, the case can be adjourned for publication and that publication service must be within 90 days of filing.

CRITICAL

HSD must provide the filed report to the individual or facility, guardian, GAL, and agent under a HCPOA.

HSD will provide a copy of the report filed to the individual (facility), the guardian, the GAL, and the agent under a HCPOA.

CRITICAL

Applies to

Victim notice

If an apprehension is terminated with a counsel and release, HSD must provide the victim with the notice specified by Wis. Stat. §938.346(1)(a)–(c).

If an apprehension is terminated with a counsel and release, HSD shall provide the victim with the notice required by Wis. Stat. §938.346(1) (a) to (c).

CRITICAL

The party requesting de novo review must notify interested parties in writing of the hearing date and time.

The party requesting the de novo review shall notify in writing all interested parties including the attorneys of record, guardian ad litem, family court worker of the date and time for the hearing.

CRITICAL

Before the intake inquiry is completed, the Racine County Human Services Department must notify victims how to obtain the juvenile's and parents' identities, obtain police reports, and learn about the parents' potential liability.

(c) Notice of the procedure to obtain identity of the juvenile and the juvenile's parents, the procedure to obtain police reports, and the potential liability of the juvenile's parents, given prior to completion of the intake inquiry. (§938.346(1) (a), (b), & (c), Wis. Stats.)

CRITICAL

The District Attorney must notify victims of their right to make a statement after a delinquency or JIPS finding, or before a plea and dispositional hearing where such a finding is anticipated.

(f) Notice of the right to make a statement to the court given after a finding of delinquency or JIPS under Sec. 938.13(12), Wis. Stats. Or prior to a plea and dispositional hearing at which it is anticipated that such a finding will be made. (§938.335(3m) (b), Wis. Stats)

CRITICAL

The requesting party must notify the interested parties listed in writing of the hearing date and time.

(c) The party requesting the de novo review must notify in writing all interested parties including the guardian ad litem, the family court commissioner, and the family court social worker of the time and date for the hearing

CRITICAL

All parties must receive written notice when a sentencing date is set after a presentence report is allowed and ordered.

Written notice will be given to all parties.

CRITICAL

Post-verdict motions must be served within 20 days of the verdict, with a memorandum copy 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

Deadline

24 hours

Applies to

Bail modification motion

A bail modification motion must be served on the district attorney and any other interested party at least 24 hours before the hearing.

The motion to modify must be served on the district attorney and any other interested party and filed with the court 24 hours prior to the scheduled hearing.

CRITICAL

Applies to

Request for walk in hearing

Copies of the Request for Walk-In Hearing form must be distributed to all other parties.

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

Motion

Motions must be served on opposing counsel and any unrepresented party at least five days before the scheduled motion hearing.

All motions shall be made in writing and filed with the Juvenile court and served upon opposing counsel and upon any unrepresented party at least five days prior to the scheduled motion hearing.

CRITICAL

Deadline

24 hours

Applies to

Notice of 72 hour hearing

HSD must provide notice of the 72-hour hearing to the juvenile, the juvenile’s parents, and the District Attorney’s and Public Defender’s Offices at least 24 hours before the hearing.

Notice of the 72-hour hearing must be made by HSD to the juvenile, juvenile's parents, District Attorney's Office and Public Defender's Office at least 24 hours prior to the hearing.

CRITICAL

Applies to

Victim notice

If a deferred prosecution agreement is entered into, HSD must provide the victim with the notice specified by Wis. Stat. §938.346(1)(a)–(d).

If a deferred prosecution agreement is entered into, the HSD shall provide the victim with the notice required by Wis. Stat. §938.346(1) (a) to (d).

CRITICAL

The District Attorney must notify victims who requested hearing notices as soon as reasonably possible after a hearing is scheduled.

(c) Notice of any hearings involving the juvenile to victims who have requested such notice, given as soon as reasonably possible after the hearing has been scheduled. (§938.27(4m), Wis. Stats.)

CRITICAL

Before entering into a consent decree, the District Attorney must notify victims of their right to make a statement to the court.

(e) Notice of the right to make a statement to the court, given before entering into a consent decree. (§938.32(1) (b) 2, Wis. Stats)

CRITICAL

The District Attorney must notify victims about any consent decree or dispositional order as soon as reasonably possible after it is entered.

(g) Notice of information regarding any consent decree or dispositional order, given as soon as reasonably possible after the entry thereof. (§938.346(1m), Wis. Stats)

CRITICAL

The District Attorney must notify victims of a decision not to file a petition for determination of status when the decision is made.

(a) Notice of a decision not to file a petition for determination of status, given at the time that the decision is made. (§938.25(2m), Wis. Stats.)

CRITICAL

The Racine County Human Services Department must provide victims information about any deferred prosecution agreement when the agreement is made.

(e) Information regarding any deferred prosecution agreement which is entered, given at the time the agreement is made. (§938.346(1m), Wis. Stats.)

CRITICAL

The party filing a letter, pleading, order, or other case communication in court must file it with both sides.

Letters, pleadings, Orders and other communications regarding any case shall be filed with both sides by the party filing the communication in Court.

CRITICAL

The person responsible for filing must send copies to all other necessary parties by fax, scan, or hard copy by mail.

The same person or party shall send copies to all other necessary parties by fax, scan, or hard copy/mail.

CRITICAL

Deadline

24 hours

Applies to

Police reports

HSD must provide the police reports to the District Attorney’s Office at least 24 hours before the hearing.

HSD must provide the police reports to the District Attorney's Office at least 24 hours prior to the hearing.

CRITICAL

Applies to

Current pleadings and relevant prior orders

After receiving notice that a guardian ad litem has been appointed, the moving party must serve the guardian ad litem with all current pleadings and relevant prior orders.

2. When a guardian ad litem has been appointed, the moving party shall serve a copy of all current pleadings, together with all relevant prior orders, on the guardian ad litem, after receiving notice of the appointment.

CRITICAL

Applies to

Summons

Small claims summons may be served by personal service, substitute service, or publication.

Service shall be by personal service, substitute service or by publication.

CRITICAL

Applies to

Eviction summons

For eviction actions, the summons must be served at least 5 days before the hearing and no more than 60 days from the return date.

For eviction actions the summons must be served at least 5 days before the hearing and not more than 60 days from the return date.

CRITICAL

The Racine County Human Services Department must offer victims an opportunity to confer before entering into a deferred prosecution agreement.

(a) Offer an opportunity to confer before entering into a deferred prosecution agreement. (§938.24(5) & 938.245(1m), Wis. Stats.)

CRITICAL

The Racine County Human Services Department must notify victims that a case is being closed when the decision is made.

(b) Notice that a case is being closed, given at the time that the decision to do so is made. (§938.24(5) & 938.24(5m), Wis. Stats.)

CRITICAL

Copies of all motion pleadings must be served on the opposing party or their attorney.

Copies of all motion pleadings shall be served on the opposing party or attorney.

CRITICAL

If an adjournment is granted during a divorce action, the requesting party must notify interested parties in writing of the new hearing date and time.

If granted, the party requesting the adjournment must notify in writing all interested parties including the guardian ad litem, the family court commissioner, and the family court social worker of the new time and date for the hearing.

CRITICAL

Before the intake inquiry is completed, the Racine County Human Services Department must notify victims of the listed rights and complaint and review procedures.

(d) Notice of the right to be accompanied by a service representative; to restitution; to crime victim compensation; to a speedy disposition; to have personal property returned; and to complain to the department of Justice concerning the treatment of crime victims and to request review by the crime victims rights board of the complaint, given prior to completion of the intake inquiry. (§938.346(1) (h), Wis. Stats.)

CRITICAL

Applies to

Ex parte order

Although a copy of the order must be served upon the family court commissioner, it is the responsibility of the person or attorney who has obtained the ex parte order to notify the family court commissioner of the issuance of the ex parte order so that office will appoint the guardian ad litem.

Although a copy of the order must be served upon the family court commissioner, it is the responsibility of the person or attorney who has obtained the ex parte order to notify the family court commissioner of the issuance of the ex parte order so that office will appoint the guardian ad litem.

CRITICAL

Victim notices must be written and delivered personally or by regular mail, except hearing time-and-place notice may be verbal when written notice cannot reasonably be given.

All notices shall be given in writing, delivered personally or by regular mail, except that notice of the time and place of any hearing may be given verbally if written notice cannot reasonably be given under the circumstances.

CRITICAL

Applies to

Parenting plan

Each parent must ensure all attorneys and the other parent receive a copy of the completed parenting plan.

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.

WARNING

A person entering a not guilty plea in person will receive the status court date by written notice at arraignment.

All not guilty pleas made in person by the attorney/party will be given a status court date by written notice at the time of arraignment.

WARNING

When notice is given in court to all interested parties, no additional notice is given by mail.

If notice is given in court to all interested parties, no further notice is given by mail.

WARNING

Service

Mail

Notice of the status court date will be sent by mail.

Notice of status court date will be mailed.