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

CRITICAL

Applies to

Answer or counterclaim

A defendant relying on a written Answer or Counterclaim instead of appearing must send 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

Counsel must exchange trial briefs, requested instructions, proposed verdict forms, and all other documents filed with the court.

All trial briefs, requested instructions, and proposed verdict forms, and all other documents that are filed with the court shall be exchanged between counsels.

CRITICAL

A copy of the written request for a new hearing must be sent immediately to the opposing party.

Any party who was present at a Court Commissioner hearing, and who has not entered into a stipulation for an order, has the right to have the assigned judge hold a new hearing by filing a written request within 20 days of the hearing with the Clerk of Circuit Court's Office, with a copy sent immediately to the opposing party.

CRITICAL

Applies to

Notice of motion and motion for default judgment

Service

Mail to opposing party

After substituted service, the notice of motion and motion for default judgment must be mailed by regular U.S. mail to the defendant's last known address.

In all actions where the defendant is served by substituted service, the notice of motion and motion for default judgment shall be sent to the defendant by mailing said motion to the defendant's last known address by regular U.S. mail.

CRITICAL

Deadline

3 business days

With court approval, a party may publish an exhibit’s digital copy without marking it as a separate exhibit, but must notify the other parties and provide the proposed copy at least three business days before the hearing or trial.

Publication: Parties may, with the approval of the court, publish a digital copy of an exhibit without the need to mark such a copy as a separate exhibit. Any party intending to publish a digital copy of an exhibit must notify any other party of such intention and provide the proposed digital copy to any other party at least three business days prior to hearing or trial. The intent of this rule is to allow parties to verify the accuracy of digital copies used for publication prior to hearing or trial.

CRITICAL

Service

Mail

Mail service is complete when mailed unless the summons-and-complaint envelope is returned unopened by the postal service.

Service is considered complete when it is mailed unless the envelope containing the summons and complaint is returned unopened to the Clerk of Circuit Court's Office by the US Postal Service.

CRITICAL

Service

Personal service

Evictions, replevins, contempt, and out-of-county claims must be served personally or under another authorized statutory provision.

4. Personal service: Evictions, replevins, contempt and out-of-county claims must be accomplished by personal service or by other authorized statutory provision.

CRITICAL

The findings, conclusions, and judgment must be submitted to the opposing party for approval as to form.

The Findings of Fact, Conclusions of Law, and Judgment shall be submitted to the opposing party for approval as to form pursuant to sec. 767.37(1) Wis. Stats.,

CRITICAL

Applies to

Amended jury instruction

A substantively amended stock jury instruction must be provided to 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

Amended summons and complaint

Service

Mail

If mail is returned unopened, an amended summons and complaint must be filed and properly served within the applicable timelines.

If this occurs, the Clerk of Circuit Court's Office will enter the returned mail into the court record, cancel the existing hearing and send a notice of hearing to the Plaintiff/Attorney with an updated court date and indicating that an amended summons and complaint needs to be filed and properly served within the appropriate timelines.

CRITICAL

Service

Court service

The Clerk of Circuit Court's Office must perform mail service.

Mail service must be performed by the Clerk of Circuit Court's Office.

WARNING

Service

Mail

Regular-mail service is permitted only for money-only claims against a defendant who lives in Rock County and is not a business.

2. Regular Mail: Service may be made by regular mail if the claim is for money only and if the defendant lives in Rock County and is not a business.

WARNING

Service

Personal service to opposing party

When the defendant was personally served, notice before entry of judgment is not required except as provided by law.

In all actions where personal service was obtained upon the defendant, no notice to the defendant is required prior to the entry of judgment except as provided by law.

WARNING

The drafting party may file the documents while simultaneously sending the opposing party a copy for approval, provided the court receives a copy of the transmittal letter.

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.

INFO

Service

Mail

Service may be made by mail as authorized by sections 799.12(2) and (3), subject to the rule's procedures.

Service may be made by mail as authorized by 799.12(2) and (3) subject to the procedures set forth in this rule.