Sawyer County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements10 rules
If sentencing results in a prison term, a copy of the PSI and Judgment of Conviction shall be provided to the. Sheriff for delivery, along with the prisoner, to the Dept. of Corrections or other point of intake designated by Dept. of Corrections.
Parents seeking a waiver of this requirement must file a formal motion with the court setting forth the basis for the requested relief.
A parent claiming the 24-month completion exception must notify the court in writing, identify the case containing the certificate, and provide a certified copy if it is outside Sawyer County.
Court's wording
Parents who believe they are not required to attend the program because they have completed a qualifying program during the preceding 24 month time period must notify the court of that fact in writing and identify the court case in which the certificate of completion can be found. If the certificate is not in a Sawyer County case, the parent must provide a certified copy of the certificate.
A schedule of dates, times, and places for the local Parent Educational Program will be attached to the order.
A parent attending an approved alternative program must provide proof of attendance to the Sawyer County Clerk of Court and the Parent Education provider.
Court's wording
A parent may attend an alternative parent education program that is approved by the Sawyer County Director of Family Court Services, but that parent shall be responsible for all cost thereof, and for providing proof of attendance to the Sawyer County Clerk of Court and to the Sawyer County Parent Education provider.
All requests filed pursuant to this rule shall use the standard court form, FA4130 (“Motion For and Notice of New (De Novo) Hearing”).
A non-resident lawyer who wishes to appear in a Circuit Court in the district must submit a written petition to that court.
Court's wording
A non-resident lawyer who is not licensed to practice law in the State of Wisconsin and wishes to appear in any action in any Circuit Court within the Tenth Judicial Administrative District must petition the Circuit Court in writing.
The active member of the Wisconsin State Bar shall review all pleadings, motions and other papers to be filed with the Circuit Court.
The petition must state the name of the active member of the Wisconsin State Bar who will participate with the non-resident lawyer.
Both the non-resident lawyer and the active member of the Wisconsin StateBar shall sign all pleadings and motions.
Filing & Service rules
Electronic Filing Rules
Facsimile filing is prohibited unless the judge permits it for a specific occasion.
204 FACSIMILE FILING - Is not permitted, although the judge may permit a party or attorney on a specific occasion to file by facsimile.
Page 3 | 204 FACSIMILE FILING
Filing Timing and Cure Windows
Unless good cause has been shown to the judge, a party moving that any judicial proceeding required by law to be public should be closed to the news media, must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion.
Unless good cause has been shown to the judge, a party moving that any judicial proceeding required by law to be public should be closed to the news media, must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion.
Page 1 | 201.01 Media Coverage
Each parent must attend within 45 days of notice and arrange attendance with the identified provider, but the deadline is waived for a parent subject to interspousal battery or domestic abuse by the other parent.
Each parent shall attend the Parent Education class within 45 days of notice of this requirement. Each party shall make arrangements for attendance at the class by contacting the Parent Education provider identified in the attachment. 502.03.1 Any parent who has been subject to interspousal battery or domestic abuse by the other parent may so notify the Parent Education Provider of that fact. The Parent Education Provider shall accommodate such parents to allow them to attend the Program at a separate session from the other parent. The 45 day time limit is waived in these cases.
Page 5 | 502.03
A party who appeared before the Family Court Commissioner must file a written request with the judge’s clerk within 15 days of the oral decision, or within 15 days of the written decision’s filing if no oral decision was given.
Any party who appeared at a hearing before the Family Court Commissioner has the right to have the assigned judge hold a new hearing provided that a written request is filed with the judge’s clerk within 15 days of the oral decision of the family court commissioner, or within 15 days of the filing of the written decision if the order was not orally given at the time of the hearing. Failure to file the request within 15 days is a waiver of this right.
Page 6 | 504.01
A defendant who appears in person to contest the matter without a written answer will be given ten days to file it.
If the defendant appears to contest the matter in person, but does not have a written answer prepared at that time, the court will give the defendant ten days to file such answer.
Page 7 | PART 9: SMALL CLAIMS PRACTICE
Service and Proof of Service Rules
Service in replevin actions must be by certified mail or sheriff service.
Service regarding replevin actions shall be either by certified mail or sheriff service.
Page 7 | PART 9: SMALL CLAIMS PRACTICE
Summonses in eviction actions must be served by sheriff service.
Service of the summons in all eviction actions shall be sheriff service.
Page 7 | PART 9: SMALL CLAIMS PRACTICE
Other small claims actions may be served by regular mail, certified mail, or sheriff service.
All other small claims.actions may be served by regular mail, certified mail or sheriff service.
Page 7 | PART 9: SMALL CLAIMS PRACTICE
When an answer is filed, a copy and the trial date will be mailed to the plaintiff.
When the answer is filed, a copy will be mailed to the plaintiff along with a date for trial.
Page 7 | PART 9: SMALL CLAIMS PRACTICE
Filing Fees and Waivers
Each party must pay a $250 guardian ad litem advance fee, subject to possible waiver or later court orders allocating payment.
Upon appointment of a guardian ad litem, each party shall pay $250.00 directly to the Clerk of Court for deposit in a trust account, subject to further order of the court. If any party is financially unable to make payment, the court may waive all or part of the advance fee. At the conclusion of the case, the court may direct the county to pay the guardian ad litem fees, and may direct that one or both of the parties reimburse the county.
Page 5 | 501.01
Each parent must pay $35 before attending, by check or money order deposited with the clerk and payable to the provider, unless the provider approves another arrangement.
The cost of each parent attending the Parental Educational Program is $35.00. Each parent shall pay this amount prior to attendance at the class by depositing a check or money order with the clerk of court payable to the Parent Education Provider, unless the parent makes other arrangements satisfactory to the Parent Education Provider.
Page 5 | 502.04
A parent may attend an approved alternative program but must pay its full cost and provide proof of attendance to the Clerk of Court and the provider.
A parent may attend an alternative parent education program that is approved by the Sawyer County Director of Family Court Services, but that parent shall be responsible for all cost thereof, and for providing proof of attendance to the Sawyer County Clerk of Court and to the Sawyer County Parent Education provider.
Page 6 | 502.05
A $5 docket fee must be paid to the Clerk of Court after judgment is obtained; the judgment will not be filed as a docketed lien before payment.
The docket fee of $5.00 must be paid to the Clerk of Court's office after judgment is obtained. Your judgment will not be filed as a docketed lien until the fee is paid.
Page 7 | 902.01 DOCKETING THE JUDGMENT
The first mediation session is free; later mediation sessions require a fee.
The first mediation session is an evaluation and is free. Mediation provided after the first session requires a fee.
Page 6 | 503.03
Sealing & Redaction Procedures
When an individual requests access to a court record containing confidential information, court staff must verify party status, grant access to the entire file if permitted, and remove records the party is not allowed to see.
202.01 GENERALLY - In general, when an individual requests access to a court record that includes confidential information, the Clerk of Court's office or the Registrar in Probate/Juvenile Court Clerk will ask for identification to verify that the individual is a party to the action. If so, and if a party is allowed access to the confidential records in his or her file, access to the entire file will be granted. If the party is not allowed access to some or all of the confidential records in the file, the confidential records the party is not allowed to see will be removed from the file before the party is allowed access.
Page 1 | 202.01 Generally
Medical and hospital records filed with the court remain confidential or marked as exhibits until admitted at trial, and only parties and counsel of record may view them before then.
202.05 MEDICAL AND HOSPITAL RECORDS -Medical and hospital records remain confidential or marked as an exhibit when filed with the court until such time as they are introduced into evidence at a trial. Until then, only parties to the action and attorneys of record may view medical and hospital records.
Page 2 | 202.05 Medical and Hospital Records
Only parties and counsel of record may view or copy financial declarations and other confidential financial information in divorce actions.
202.04 FINANCIAL RECORDS IN DIVORCE ACTIONS -Only parties to the action and attorneys of record will be allowed to view and copy financial declarations and other confidential financial information in divorce actions.
Page 2 | 202.04 Financial Records in Divorce Actions
Before adjudication, paternity records must remain confidential except to the parties or their authorized representatives, counsel of record, and the adult children who were the proceeding's subjects.
202.06 PATERNITY RECORDS -Pursuant to Wis. Stats. §767.53, all paternity records, before adjudication, are to remain confidential except to the parties to the proceeding or their authorized representative, attorneys of record, and adult children who were the subject of the proceeding.
Page 2 | 202.06 Paternity Records
People who are neither counsel of record nor parties may access only the non-confidential portions of a case.
Anyone other than an attorney of record or party to the action will be allowed access only to the non-confidential portions of a case.
Page 2 | 202.01 Generally
In Chapter 51 proceedings, psychological records are confidential except to the individual's attorney, guardian ad litem, and Sawyer County's prosecuting attorney.
202.08 PSYCHOLOGICAL RECORDS -In Chapter 51 proceedings, all psychological records are confidential except to the individual's attorney, the guardian ad litem and the attorney who is prosecuting the action for Sawyer County.
Page 2 | 202.08 Psychological Records
Counsel of record may view a custody study but may not copy it or disclose the source of confidential information without a written court order.
202.02 CUSTODY INVESTIGATIONS -Attorneys of record may view a custody study but may not copy it nor disclose the source of confidential information without written court order.
Page 2 | 202.02 Custody Investigations
Presentence investigation reports are confidential; represented defendants' counsel may keep a copy, unrepresented defendants may view but not keep a copy, and recipients must keep the report information confidential.
202.07 PRESENTENCE INVESTIGATIONS (PSI) -Pursuant to Wis. Stats. §972.15(4m), presentence investigations are confidential. The district attorney and the defendant's attorney are entitled to have and keep a copy of the presentence investigation report. If the defendant is not represented by counsel, the defendant is entitled to view the presentence investigation report but may not keep a copy. A district attorney or defendant's attorney who receives a copy of the report shall keep it confidential. A defendant who views the contents of a presentence investigation report shall keep the information in the report confidential.
Page 2 | 202.07 Presentence Investigations (PSI)
A party may view a custody study without a written order but may not copy or disclose its information except to counsel.
Parties to the action may view a custody study without a written order. However, a party may not copy or disclose such information, except to their counsel.
Page 2 | 202.02 Custody Investigations
In divorce proceedings, psychological records are confidential except to counsel of record and the parties.
In divorce proceedings, all psychological records are confidential except to the attorneys of record and the parties to the action.
Page 2 | 202.08 Psychological Records
Expunged criminal case files are closed to access without a court order, and the clerk must take steps to protect the records' confidentiality.
202.03 EXPUNGED CRIMINAL RECORDS -Any case in which a criminal record has been expunged shall be closed to access to anyone without a court order authorizing access to the file. The Clerk of Courts shall take appropriate steps to ensure confidentiality of all expunged criminal records.
Page 2 | 202.03 Expunged Criminal Records
Confidential records must be removed from a file requested by an attorney unless that attorney is counsel of record in the case.
When an attorney seeks access to a file containing confidential records, the confidential records will be removed from the file unless the attorney is an attorney of record in that particular case.
Page 2 | 202.01 Generally
Adjournment & Extension Requirements
Stipulated continuance requests require the parties’ written or on-the-record consent and good cause; non-stipulated requests require a motion, a hearing, and good cause; all requests require court approval.
Stipulated requests for continuances require the consent of the parties in writing or on the record and must be for good cause. Non-stipulated requests for continuance must be on motion and hearing for good cause. All requests for continuance are subject to approval of the court.
Page 3 | 203.01 REQUESTS FOR CONTINUANCES
Chambers Communication Rules
The plaintiff need not appear on the initial date but must call the Clerk of Court's office before 10:00 A.M. that day or the case will be dismissed.
The plaintiff is not required to appear on the initial date, but is required to call the Clerk of Court's office prior to 10:00 A.M. on the date of their claim. If a call is not received from the plaintiff or attorney for the plaintiff, the case will be dismissed.
Page 7 | PART 9: SMALL CLAIMS PRACTICE