Sauk County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
The document does not exceed fifteen (15) pages in length.
- Page limit
- Up to 15 pages
Document Format Requirements4 rules
A rehearing request based on excusable neglect must be made in writing.
Court's wording
A party requesting a rehearing based upon excusable neglect shall make such request in writing with notice to the other party within 30 days of the date of the original hearing, or within 15 days of the date the order resulting from the hearing was signed, whichever is longer.
No oral counterclaims, affirmative defenses or motions will be permitted.
Answers may not be made by telephone.
All pleadings shall be in writing, except upon the personal appearance of a defendant or counsel at the joinder of issue, an oral answer may be entered.
Document Filing Requirements8 rules
Written orders shall be submitted to the court for signature and filing after any contempt hearing in which a finding of contempt is made. The order shall set forth the contempt findings made, the sanctions imposed and the purge conditions set by the court.
To effect consolidation, any motion or stipulation to consolidate and all supporting documents shall be captioned with the case names and numbers of all cases sought to be consolidated.
- Document
- Motion or stipulation to consolidate and supporting documents
- Placement
- Caption
Any party or attorney moving to close any judicial proceeding that would otherwise be an open proceeding must notify the court and the Sauk County media coordinator in writing at least 72 hours before the time of the scheduled hearing. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be on the moving party to show why the proceedings should not be public. The court may waive the 72 hour notice provision upon a finding of good cause.
A request for sanctions based on noncompliance with purge conditions must be made by petition or motion stating the basis for the request.
Court's wording
Any request for the imposition of sanctions due to noncompliance with purge conditions subsequent to a contempt finding shall be made in the form of a petition or motion to the court setting forth the basis upon which the request for the imposition of sanctions is made.
Facsimiles exceeding 15 pages in length must certify that the assigned judge or court commissioner has approved the facsimile transmission.
When the approval alternative is used for a fax sent through a noncourt intermediary, the party or attorney must certify it.
Court's wording
Facsimile documents transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal and delivery to the clerk of circuit court shall be accepted for filing only if the transmission complies with this local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
Any summons shall contain notice to the defendant that he or she has the option to file a written answer without personal appearance on or before the return date and time.
All such requests must set forth with specificity the reasons for the nonappearance.
Filing & Service rules
Electronic Filing Rules
Direct facsimile filings must be sent to 608-355-3480 to be accepted for filing.
Facsimile documents transmitted directly to the Sauk County Circuit Court shall be accepted for filing only at 608-355-3480
Page 5 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
A fax sent through a noncourt agency, party, or company may be accepted for filing only if it complies with the local rule or is approved by the assigned judge or court commissioner and certified by the party or attorney.
Facsimile documents transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal and delivery to the clerk of circuit court shall be accepted for filing only if the transmission complies with this local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
Page 6 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
An assigned judge may authorize in advance a nonconforming filing if good cause is shown and the filing complies with §801.16, Wisconsin Statutes.
A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with §801.16, Wisconsin Statutes.
Page 6 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
Written answers may be filed by facsimile as permitted by Sauk County Circuit Court rules.
Written answers may be filed by facsimile as permitted and in accordance with Sauk County Circuit Court rules.
Page 8 | 9.03 Joining Issue/Answering Complaint
Filing Timing and Cure Windows
The written order must be submitted for signature and filing after a contempt hearing that results in a finding of contempt.
Written orders shall be submitted to the court for signature and filing after any contempt hearing in which a finding of contempt is made. The order shall set forth the contempt findings made, the sanctions imposed and the purge conditions set by the court.
Page 3 | 3.09 Remedial Contempt Proceedings
A party or attorney seeking to close an otherwise open proceeding must give written notice to the court and media coordinator at least 72 hours before the hearing; the moving party must show why closure is warranted, although the court may waive notice for good cause.
Any party or attorney moving to close any judicial proceeding that would otherwise be an open proceeding must notify the court and the Sauk County media coordinator in writing at least 72 hours before the time of the scheduled hearing. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be on the moving party to show why the proceedings should not be public. The court may waive the 72 hour notice provision upon a finding of good cause.
Page 4 | 4.02
A request for cameras or recording equipment must be made at least 72 hours before each scheduled hearing or trial, except for criminal initial appearances; the presiding officer may waive the notice requirement for good cause.
Cameras and recording equipment will be allowed in courtrooms or hearing chambers provided a written or oral request is made to the presiding hearing officer and Sauk County media coordinator at least 72 hours before each scheduled hearing or trial. No notice is required for initial appearances in criminal cases. The notice requirement may be waived by the presiding court officer upon good cause being shown. Each media organization wishing to have cameras or recording equipment must comply with this requirement.
Page 4 | 5.03 Cameras and recording equipment; initial appearances in criminal cases
After-hours fax filings submitted by 11:59 p.m. central time are considered filed that day if the clerk subsequently accepts them upon review.
Papers filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court's office are considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. Regular business hours for the Sauk County Clerk of Court are 8:00 a.m. to 4:30 p.m.
Page 5 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
A facsimile document is considered filed when received by the Clerk of Circuit Court and may not be substituted.
Facsimile documents are considered filed upon receipt by the Clerk of Circuit Court and are the official record of the court and may not be substituted.
Page 5 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
A motion for a de novo hearing must be filed within 20 days of the later of the decision date or mailing date.
All motions for de novo hearings pursuant to § 767.17 from a decision of the Family Court Commissioner must be filed within 20 days of the date of the decision or within 20 days of date of the mailing of the decision, whichever is later.
Page 7 | 8.04 Motions for De Novo Hearings
The rehearing request is due within 30 days of the original hearing or 15 days after the resulting order is signed, whichever period is longer.
A party requesting a rehearing based upon excusable neglect shall make such request in writing with notice to the other party within 30 days of the date of the original hearing, or within 15 days of the date the order resulting from the hearing was signed, whichever is longer.
Page 7 | 8.06 Failure to Appear at Temporary Hearing/Right to Rehearing
A defendant may answer in writing without appearing on the return date, but must file the answer with the clerk before the return date and time.
A defendant may join issue without personally appearing on the return date set forth in the summons by answering the complaint in writing and filing such answer with the clerk of court prior to the return date and time set forth in the summons.
Page 8 | 9.03 Joining Issue/Answering Complaint
When a garnishee's answer discloses a claimant's claim and identifying information, the plaintiff must implead the claimant within 20 days of filing the answer unless the court extends the time.
Whenever the answer of a garnishee discloses that any third person or party claims the debt or property in his or her hands and the name and residence of such claimant, the plaintiff shall, unless the time is otherwise extended by the court, within 20 days of the date of filing of the garnishee answer, implead those parties in accordance with Sec. 812.17, Wis. Stats.
Page 8 | 9.04 Garnishment Impleader
A request to review a non-excusable-neglect determination must be made to the assigned circuit court judge within 20 days of the determination.
Any written request for the review of the “non excusable neglect” determination by the Family Court Commissioner must be made to the assigned circuit court judge within 20 days of the determination by the Family Court Commissioner.
Page 8 | 8.06 Failure to Appear at Temporary Hearing/Right to Rehearing
The circuit court, judge, and clerk are not responsible for fax transmission failures or periods when the court fax machine is not operational.
The circuit court, judge or clerk, is not responsible for: a. Errors or failures of transmission that results in missing or illegible documents. b. Periods when a circuit court facsimile machine is not operational.
Page 6 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
The transmitting party is responsible for timely, complete fax receipt, and the court and its personnel are not responsible for transmission failures or fax-machine outages.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court, judge, court commissioner or clerk of circuit court is not responsible for: a. Errors or failures in transmission that result in missing or illegible documents. b. Periods when a circuit court facsimile machine is not operational for any reason.
Page 6 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
Service and Proof of Service Rules
All parties brought before the court for remedial contempt proceedings must be personally served with process.
Personal service of process shall be required on all parties being brought before the court for remedial contempt proceedings.
Page 3 | 3.09 Remedial Contempt Proceedings
Service and filing for consolidation must be completed in every case sought to be consolidated.
Service and filing shall be effected in all of the cases sought to be consolidated.
Page 3 | 3.07 Consolidation of Civil and Small Claims Cases
The party requesting an excusable-neglect rehearing must give notice to the other party.
A party requesting a rehearing based upon excusable neglect shall make such request in writing with notice to the other party within 30 days of the date of the original hearing, or within 15 days of the date the order resulting from the hearing was signed, whichever is longer.
Page 7 | 8.06 Failure to Appear at Temporary Hearing/Right to Rehearing
A summons in a small claims case must be served personally or by substituted service under the cited statute.
Service of a summons in all small claims cases shall be by personal or substituted service as provided in sec. 801.11, Wisconsin Statutes.
Page 8 | 9.02 Service of Summons
Filing Fees and Waivers
No filing fee is required for a facsimile filing.
No filing fee is required.
Page 5 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
The Clerk of Circuit Court may not charge an additional fee for accepting or receiving a facsimile document.
No additional fee or charge is required to be paid to the Clerk of Circuit Court for accepting or receiving the facsimile document.
Page 5 | Rule 7 - Facsimile Transmission and Filing of Documents with the Court
Adjournment & Extension Requirements
Continuances are granted only at the court’s discretion, and counsel’s or the parties’ consent or stipulation does not bind the court.
Continuances may be granted only in the discretion of the court. Consent or stipulation of counselor or the parties will not be recognized as binding upon the court.
Page 3 | 3.06 Continuances
Continuance requests in this context should be granted liberally.
Such continuance requests shall be liberally granted.
Page 7 | 8.06 Failure to Appear at Temporary Hearing/Right to Rehearing
Chambers Communication Rules
A party filing a motion must obtain a hearing date from the assigned judge or court commissioner's office.
Any party filing a motion shall be responsible for securing a hearing date from the office of the judge or court commissioner assigned to hear the case.
Page 2 | 3.03 Motion Practice
Cameras and recording equipment are allowed if a written or oral request is made to the presiding hearing officer and media coordinator at least 72 hours before each hearing or trial, except that no notice is needed for criminal initial appearances and the presiding officer may waive notice for good cause.
Cameras and recording equipment will be allowed in courtrooms or hearing chambers provided a written or oral request is made to the presiding hearing officer and Sauk County media coordinator at least 72 hours before each scheduled hearing or trial. No notice is required for initial appearances in criminal cases. The notice requirement may be waived by the presiding court officer upon good cause being shown. Each media organization wishing to have cameras or recording equipment must comply with this requirement.
Page 4 | 5.03 Cameras and recording equipment; initial appearances in criminal cases
A party may not schedule a motion at the same time as a previously scheduled motion without first contacting the court and obtaining leave.
No party shall schedule a motion at the time of a previously scheduled motion in a matter without first contacting and obtaining leave of the court.
Page 3 | Rule 3 - General and Procedural Rules