Rock County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Summary judgment motion

All motions for Summary Judgment shall be accompanied by supporting affidavits and brief.

All motions for Summary Judgment shall be accompanied by supporting affidavits and brief.

CRITICAL

Applies to

Community service completion proof

The defendant must complete community service within one year and submit proof of completion.

C. All community service work shall be completed within one (1) year and the defendant has the burden of submitting proof of completion.

CRITICAL

Applies to

Amended jury instruction

If counsel substantively amends a stock jury instruction, counsel must submit the amended instruction to the court and opposing counsel.

If counsel substantively amends a stock jury instruction, counsel shall submit to the court and opposing counsel the amended instruction.

CRITICAL

Applies to

Guardianship petition

A guardianship must be commenced by petition listing known interested parties' names and post office addresses, and the petitioner must exercise reasonable diligence to provide that information.

Guardianships shall be commenced by petition in accordance with Wisconsin statutes. The petition shall list the names and post office addresses of all interested parties, including parents of a minor, if known. The petitioner shall exercise reasonable diligence to comply with this requirement.

CRITICAL

Applies to

Order

The order must state on its face that the parties were advised of their right to request a De Novo hearing.

At the end of the hearing, the FCC shall advise the parties that they have a right for a De Novo hearing if the request is filed within twenty (20) days from the date of the FCC's decision and the order shall recite on its face that the parties were so advised.

CRITICAL

Applies to

Plea hearing transcript

For a criminal OWI plea, the attending court reporter must prepare the plea-hearing transcript and file the original with the Clerk of Circuit Courts for the court record.

When a plea is taken for a criminal Operating While Intoxicated offense, the court will order the court reporter who attended the plea hearing to prepare a transcript of the plea hearing to ensure a record is maintained regarding the taking of the plea. The court reporter shall file the original with the Clerk of Circuit Courts who will include the transcript in the court record.

CRITICAL

Applies to

Guardian ad litem certification

The guardian ad litem must personally interview the proposed ward and certify specific reasons for inability to attend for the court to excuse the ward's appearance.

The proposed ward's appearance shall be excused by the Circuit Court if the guardian ad litem, after personal interview with the ward, certifies to the court the specific reasons why the proposed ward is unable to attend.

CRITICAL

Applies to

Findings of fact conclusions of law and judgment

The petitioner must draft the findings, conclusions, and judgment unless the court orders otherwise.

The petitioner in the action shall be responsible for drafting the Findings of Fact, Conclusions of Law, and Judgment unless the court orders otherwise.

CRITICAL

Applies to

Bail hearing notice

Bail hearings before judges require written notice and, unless the prosecution and defendant agree otherwise, may not be held within 72 hours after bail was previously set.

Except where the prosecution and defendant otherwise agree, bail hearings before the judges will not be held within 72 hours of bail being previously set and will only be scheduled upon written notice.

CRITICAL

Applies to

Guardian ad litem confirmation

A guardian ad litem cannot be relieved of responsibility until written confirmation is filed that funds were deposited or invested as ordered.

No guardian ad litem may be relieved of responsibility on any case until he or she files with the court written confirmation that the funds have been deposited or invested as provided in the court's order.

CRITICAL

Applies to

Facsimile transmission

A facsimile-filed document over 15 pages must certify on its first page that the applicable judge or commissioner ordered an exception.

The first page of any document filed by facsimile transmission that is greater than 15 pages in length shall certify on the first page of such document that an exception has been ordered by the applicable judge or commissioner.

CRITICAL

Applies to

Reimbursement acknowledgment

A defendant appointed advocacy counsel at county expense must sign an appointment-time statement acknowledging potential reimbursement of some or all counsel fees at the end of the case.

When the court appoints advocacy counsel at county expense, at the time the appointment is made the defendant will be required to sign a statement acknowledging that, at the end of the case, when the total cost is known, he or she shall be ordered to reimburse the county for all or part of the counsel fees through a wage assignment or by other means.

CRITICAL

Applies to

Ex parte order

An ex parte custody or residence-vacating order requires a verified petition and supporting affidavit(s), and must state facts establishing substantial reasons for the order and the unavailability of other relief pending a hearing.

An ex parte order in a family court action awarding custody of children to a party or ordering a party to vacate his or her primary residence will not be signed without a verified petition and alfidavit(s) of a party, lay witness, or expert witness. Such order shall be based on facts on the record or alleged justifying the issuance of the proposed order stating substantial reasons why such an order is required and that no other relief is available pending a hearing.

CRITICAL

Applies to

Answer or counterclaim

A small-claims defendant must appear as stated in the Summons unless the defendant files a written Answer or Counterclaim before the initial hearing and sends a duplicate copy to the Plaintiff.

In all Small Claims actions, the Defendant must appear in person at the time and place indicated on the Summons unless the Defendant files a written Answer or Counterclaim prior to the date of the initial hearing with a duplicate copy sent to the Plaintiff.

CRITICAL

The State Public Defender must seek withdrawal by motion unless policy allows otherwise.

All requests by the State Public Defender to withdraw from criminal traffic, misdemeanor, and felony cases shall be done by motion unless otherwise allowed by policy.

CRITICAL

Applies to

Petition

Litigants must file a Petition and Confidential Petition Addendum (Form GF-179) in every action affecting the family under §767.001(1).

All litigants shall file a Petition and Confidential Petition Addendum (Form GF- 179) in every action affecting the family under §767.001(1).

CRITICAL

Applies to

Motion

Motions must specifically state their grounds and factual basis; generalized constitutional-rights or insufficiency assertions do not satisfy that requirement, and the court may deny non-specific motions sua sponte with notice and leave to renew timely.

All motions must state with specificity the grounds and factual basis therefore. General assertions of violations of Constitutional Rights will not be considered specific. General assertions of insufficiency will not be considered specific. Such non specific motions may be denied sua sponte by the court with notice to the parties of such denial and with leave to renew the motion in a timely manner.

CRITICAL

Applies to

Mail service request

A litigant requesting mail service must file a summons and complaint form and pay a $2.00 fee for each defendant.

The litigant requesting mail service shall file a summons and complaint form, along with a $2.00 per defendant mail fee.

CRITICAL

Applies to

Transmittal letter

When using the simultaneous-submission option, the drafting party must provide the court with a copy of the transmittal letter sent to the opposing party.

The drafting party may submit the documents to the court while simultaneously submitting a copy to the opposing party for this approval provided the drafting party provides the court with a copy of the transmittal letter sent to the opposing party.

CRITICAL

Applies to

Probable cause statement

If an arrested and released person is subsequently arrested for violating a "no contact' condition included on a bond issued by law enforcement, as directed by this rule, the arresting agency shall submit a probable cause statement, and the person shall be held for the next available bail hearing before a judicial officer, unless other direction is given by a judge/commissioner in a probable cause determination.

If an arrested and released person is subsequently arrested for violating a "no contact' condition included on a bond issued by law enforcement, as directed by this rule, the arresting agency shall submit a probable cause statement, and the person shall be held for the next available bail hearing before a judicial officer, unless other direction is given by a judge/commissioner in a probable cause determination.

CRITICAL

Applies to

Preliminary financial statement

A preliminary financial statement must include a recent tax return or prior-year W-2, at least four pay periods of current-year pay stubs from all employers, and proof of state-provided family assistance or benefits.

At the minimum, the preliminary financial statement shall include: 1. Most recently filed income tax return or the prior year's W-2 Form; 2. Pay stubs for a minimum of four pay periods from all employers in the current year, and; 3. Proof of all state-provided assistance or benefits received by his/her family.

CRITICAL

Applies to

Default judgment notice

The mailing must warn that default judgment will be entered unless the defendant files a written hearing request within 15 days of the postmark date.

The mailing shall include notice that a default judgment shall be entered against the defendant unless the defendant files a written request for a hearing within fifteen (15) days of the date the notice is postmarked.

CRITICAL

Applies to

Order

The court will not sign an order unless proper motions or stipulations have been filed with the Clerk of Court.

No orders shall be signed by the court without proper motions or stipulations filed with the Clerk of Court.

CRITICAL

Applies to

Minor settlement petition

A minor-settlement approval petition must concisely state the minor's age, injury and permanence, cause and circumstances of injury, and proposed distribution of settlement funds.

A petition for approval of a minor settlement shall concisely state the age of the minor, the nature and extent of the injury giving rise to the claim and whether the injury is permanent, the cause of the injury and the circumstances in which the injury was suffered, and the proposed distribution of the settlement funds.

CRITICAL

Applies to

Withdrawal order

Counsel may withdraw only with the assigned judge’s consent, a proper showing of cause, and presentation of a written order allowing withdrawal.

Attorneys will not be allowed to withdraw from a case without the consent of the assigned judge. Consent will be given only upon a proper showing of cause and the presentation of a written order allowing said withdrawal.

WARNING

Applies to

Deferred payment agreement

If the Collections/Accounts Specialist finds the party eligible, the payment schedule and agreement must be reduced to writing.

If the Collections/Accounts Specialist determines the party is eligible for a deferred payment agreement, the schedule and payment agreement will be reduced to writing.

WARNING

Applies to

Appointment agreement

The court may require immediate partial payment or a fee payment schedule as a condition of appointment, and any schedule must be included in the signed agreement.

The court may order immediate partial payment of fees or establish a payment schedule of fees as a condition of appointment, and this schedule shall be included in the signed agreement.

INFO

Applies to

Jury instruction request letter

Counsel may request jury instructions by sending the court and opposing counsel a letter listing the requested Civil Jury Instruction numbers.

Counsel may request jury instructions by providing a letter to the court and opposing counsel listing the Civil Jury Instruction numbers of the instructions requested.