Rusk County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
A document transmitted by facsimile may not exceed 15 pages.
- Facsimile document
- Up to 15 pages
Court's wording
Pursuant to §801.16(2)a, the Rusk County Clerk of Circuit Court shall accept and file facsimiles transmitted to a plain paper fax machine owned and operated by the Rusk County Circuit Court office. This document is not to exceed 15 pages. Any document with more than 15 pages shall be sent by regular mail. Once a facsimile document has been transmitted to the Court, it is not necessary to mail the original document to the Court.
Document Filing Requirements7 rules
No Motion Date will be given out until after the Motion has been reduced to writing and filed with the Clerk of Circuit Court.
This instance also applies to any out of county cases which have been assigned to Judge Henderson except these documents shall be forwarded to him at least 7 days prior to the scheduled hearing.
When a matter has been scheduled for a plea hearing, the Court requires that a Guilty Plea Questionnaire, a Waiver of Rights and a Case Settlement Agreement, signed by all parties, be filed prior to the Plea Hearing. Failure to do so may result in sanctions.
All judgments of conviction ordering probation must include the specified supervision-fees order in the comments section.
Court's wording
The Rusk County Clerk of Circuit Court shall place the following Court Order under the comments section on all judgments of conviction in which Probation has been ordered: PLUS SUPERVISION FEES: If probation is revoked or discharged with outstanding financial obligations, a civil judgment shall be entered against the defendant in favor of restitution victims and/ or governmental entities for the balance due. All available enforcement actions may be used to collect the debt.
The parties will be required to submit in writing, one week prior to the scheduled pretrial conference, a concise statement of their disagreement, the position they intend to take at trial including the names of witnesses who will testify and a brief statement of the content of their testimony.
When issuing a ticket of this nature, the arresting officer will attach a pamphlet explaining the program, to the ticket.
Parties, who wish to attend this class, must have the proper paperwork filled out prior to entering the courtroom on their court date.
Filing & Service rules
Electronic Filing Rules
The Clerk must accept and file documents faxed to the Court’s plain-paper fax machine; documents over 15 pages must be mailed, and an original need not be mailed after faxing.
Pursuant to §801.16(2)a, the Rusk County Clerk of Circuit Court shall accept and file facsimiles transmitted to a plain paper fax machine owned and operated by the Rusk County Circuit Court office. This document is not to exceed 15 pages. Any document with more than 15 pages shall be sent by regular mail. Once a facsimile document has been transmitted to the Court, it is not necessary to mail the original document to the Court.
Page 1 | 203 FACSIMILE TRANSMISSION OF DOCUMENT TO THE COURT
Faxes concerning out-of-county cases assigned to Judge Henderson must be sent to the Judge Office.
All faxes regarding out of County cases, which have been assigned to Judge Henderson, shall be transmitted to the Judge Office.
Page 2 | 203 FACSIMILE TRANSMISSION OF DOCUMENT TO THE COURT
Filing Timing and Cure Windows
The required plea-hearing documents must be filed before the plea hearing.
When a matter has been scheduled for a plea hearing, the Court requires that a Guilty Plea Questionnaire, a Waiver of Rights and a Case Settlement Agreement, signed by all parties, be filed prior to the Plea Hearing. Failure to do so may result in sanctions.
Page 3 | 406.01 Plea Hearings
For assigned out-of-county cases, the documents must be forwarded to Judge Henderson at least 7 days before the scheduled hearing.
This instance also applies to any out of county cases which have been assigned to Judge Henderson except these documents shall be forwarded to him at least 7 days prior to the scheduled hearing.
Page 3 | 406.02 Plea Hearings
The parties must submit the required written statement one week before the scheduled pretrial conference.
The parties will be required to submit in writing, one week prior to the scheduled pretrial conference, a concise statement of their disagreement, the position they intend to take at trial including the names of witnesses who will testify and a brief statement of the content of their testimony.
Page 7 | 902 APPEARANCE
Service and Proof of Service Rules
Summonses in eviction actions must be served by the sheriff or a process server.
901.01 Service of the summons in all eviction actions shall be sheriff service or process server.
Page 7 | 901 SERVICE
Motions for contempt in small claims matters must be served on the judgment debtor by regular mail.
901.03 Service regarding Motions for Contempt on Small Claims matters shall be served on the Judgment Debtor by regular mail as is authorized by the Rusk County Circuit Court.
Page 7 | 901 SERVICE
Service in small claims actions other than eviction actions may be made by regular mail, certified mail, sheriff, or process server.
901.02 Service regarding all other small claims actions may be served by regular mail, certified mail, sheriff or process server.
Page 7 | 901 SERVICE
Filing Fees and Waivers
The Court permits payment of the jury fee after the pretrial conference.
The Court will allow the jury fee to be paid after the pretrial conference.
Page 2 | 302 SCHEDULING
Adjournment & Extension Requirements
An adjournment requires a formal motion showing good cause or the Court’s specific approval of a stipulation by all parties.
201.01 Court proceedings will not be adjourned by the Court except upon formal motion for good cause shown or with the specific approval of the Court upon stipulation by all parties.
Page 1 | 201 CONTINUANCES
Chambers Communication Rules
A party seeking to appear by telephone must obtain prior Court approval by contacting the Court at least 48 hours before the scheduled appearance.
204.01 Telephonic Appearances will be allowed upon prior approval of the Court. The party wishing to appear by telephone shall contact the Court at least 48 hours prior to the scheduled court appearance to obtain permission to appear by telephone.
Page 2 | 204 TELEPHONIC HEARINGS
Contact the Judicial Assistant first for probable-cause determinations and search-warrant matters, including on weekends and holidays when the courthouse is closed.
The Judicial Assistant shall be contacted first in all probable cause determination matters. She will make the necessary arrangements with the Judge, or in his absence, a Court Commissioner, and will then advise the arresting officer or dispatch officer of the selected person. This procedure will also be followed in search warrant matters. This procedure will also be followed on weekends and holidays when the courthouse is closed.
Page 3 | 402.01 Probable Cause Determinations
After the motion is written and filed, the petitioning party may contact the Judicial Assistant to obtain a court date.
Once that has been completed, the petitioning party may then contact the Judicial Assistant for a court date.
Page 3 | 404.01 Motion Practice