Shawano County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
3. All orders preferred to be in even dollars, no cents.
- Family court order
Formatting
- •Orders are preferred to be in even dollars, with no cents
Document Filing Requirements18 rules
Orders must state amounts monthly even when payments are received weekly, bi-weekly, or semi-monthly.
Court's wording
2. All orders must be expressed as monthly even if payments are received by the WI Support Collections Trust Fund (WI SCTF) from the employer or individual on a weekly, bi-weekly or semi-monthly basis.
When an order sets two rates, it must identify the specific time frames for each rate and must not define them by employment status.
Court's wording
5. If you are ordering two different rates, such as when an individual is unemployed during specific times, you must state the specific time frames. Example: November through March $125.00 per month and April through October $300.00 per month. Do not state when unemployed $125.00 per month and when employed $300.00 per month.
1. KIDS will only allow for the following types of orders: a) child support/family support b) maintenance/alimony orders c) health insurance orders, if a dollar amount is ordered on a monthly basis
4. All orders must have an effective date.
and must so state that requirement in any judgments or orders.
The "Confidential Petition Addendum" sheet is to be completed in full, and submitted at the time of the filing of a new action, if said information is not already contained in the "petition".
In IV-D cases, if the final findings and judgment are not ready at the final hearing, the parties, their attorneys, or the Agency bringing the action must complete an Interim Disbursement Order as soon as possible; this also applies to motions to modify a prior judgment or order.
Court's wording
If the "Findings of Fact, Conclusions of Law and Judgment" are not completed or ready for the Court's signature on the date of the final hearing, the "Interim Disbursement Order" must be completed by the parties, their attorneys or the Agency bringing the action as soon as possible. The sooner a copy of the order is provided to the Child Support Agency, the sooner it will be entered into the KIDS system and a Notice for Income Withholding (if needed) mailed to the payor's employer. This also applies for any motions for an order to modify a previous judgment/order. (Only IV-D cases).
Judgments of divorce actions with children must be approved by the Child Support Agency prior to signature of the Court.
No final disposition will be made until this information is in the file.
The petitioning agency or attorney file with the Court medical and genetic date as required per Section 48.425 Wisconsin Statutes. In the alternative, counsel will have to explain in writing why such date is unobtainable.
When paperwork is needed for the District Attorney's Office to process criminal charges based on the original citation filed with the Clerk of Court, it is the issuing agency's responsibility to supply a "copy" of the citation with any supporting documentation to the D.A. as soon as possible, but in no case later than 3 weeks prior to the return date.
Financial disclosure statements are to be filed with the Family Court Commissioner at the time of the temporary hearing.
Each party filing an annulment, legal separation or divorce action will provide a copy of the Petition, Order to Show Cause and Affidavit to the Family Court Commissioner within one week of filing the action whether or not a hearing is requested.
(A duplicate or updated financial disclosure statement will also be required at the final divorce hearing).
Any oral requests for a speedy trial demand are to be followed up in writing with the Clerk of Court Office. The filing party or attorney shall file a copy on the same date with the Circuit Court assigned to handle the case. Delivery shall be made by mail or in person to the judicial office.
13. Judgments of divorce actions with children must be approved by the Child Support Agency prior to signature of the Court.
An order specifying different rates for different periods must show the specific time frames for each rate.
Court's wording
5. When two different rates are ordered, such as when an individual is employed during specific times, specific time frames must be shown. Example: November through March $125.00 per month and April through October $300.00 per month.
6. Percentage orders will not be used in IV-D cases.
Filing & Service rules
Electronic Filing Rules
Parties may file papers by fax through the Clerk of Court; no additional copies need to be mailed, and the faxed document is treated as the original.
Parties are permitted to file papers for the Menominee-Shawano Circuit Court by facsimile transmission through the Clerk of Court at (715) 526-4915. No additional copies are required to be mailed. The faxed document will be considered the original. The procedure shall be consistent with the Supreme Court's Rules of Civil Procedure pursuant to Wisconsin Statute 801.16(2)(a).
Page 4 | Rule 5: Filing of Facsimile Transmissions
Filing Timing and Cure Windows
When required, the Confidential Petition Addendum must be submitted at the time a new action is filed.
The "Confidential Petition Addendum" sheet is to be completed in full, and submitted at the time of the filing of a new action, if said information is not already contained in the "petition".
Page 3 | Rule 3: Family Court Proceedings and Orders
The issuing agency must file original citations written for the Circuit Court with the Clerk of Court within 72 hours.
The Court is requiring that all original citations written for the Circuit Court must be filed with the Clerk of Court by the issuing agency within the required 72 hour time frame.
Page 6 | Rule 10: Timeline for filing traffic citations and probable cause information
The filing party or attorney must file a copy of the speedy-trial demand with the assigned Circuit Court on the same date.
The filing party or attorney shall file a copy on the same date with the Circuit Court assigned to handle the case.
Page 7 | Rule 12: Speedy Trial Demand
Mediation concerning parenting time must be provided to the Family Court Commissioner within one week of filing.
mediation between parents concerning time spent with their children must be provided within one week of filing to the Family Court Commissioner.
Page 7 | Rule 11: Family Court Commissioner Filings
Service and Proof of Service Rules
After notice that service failed, the plaintiff must obtain personal service or service by publication within 30 days or the action will be dismissed.
In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service or service by publication within 30 days of the date of the notice or have the action dismissed for failure of service.
Page 2 | Rule 1: Small Claims Matters
The parties must exchange tax information annually to determine payment status and any arrears.
the parties to the action will remain wholly responsible for exchanging tax information annually for determining the status of payments and collection of arrears, if any exist
Page 3 | Rule 3: Family Court Proceedings and Orders
Attorneys and self-represented parties must provide the Child Support Agency a copy of each signed and filed court order for entry into the KIDS system.
Attorneys and pro se parties are required to provide a copy of the signed/filed court order to the Agency so it can be entered into the system.
Page 3 | Rule 3: Family Court Proceedings and Orders
The Child Support Agency must receive at least 24 hours’ notice of hearings specifically concerning child support; if it was not notified and disagrees with the judgment’s order, it may ask the Court to set aside the support-related issues.
If the Child Support Agency was not given proper notice (at least 24 hours) of any hearings that specifically relate to child support issues and they disagree with the order as set forth in the judgment, they would have the right to request the Court to set aside those issues in the judgment as it may relate to their Agency.
Page 4 | Rule 3: Family Court Proceedings and Orders
A copy of every new divorce filing, with or without children, and the Judgment of Divorce must be provided to the Family Court Commissioner.
A copy of all new divorce filings (with or without children) and a copy of the Judgment of Divorce must also be provided to the Family Court Commissioner.
Page 4 | Rule 3: Family Court Proceedings and Orders
Attorneys and self-represented parties must provide the Child Support Agency copies of new pleadings and findings and judgments in divorce actions with children, or an order for maintenance.
Attorneys and Pro Se parties must provide copies of all new pleadings as well as Findings & Judgments in divorce actions with children (or order for maintenance), to the Shawano County Child Support Agency.
Page 4 | Rule 3: Family Court Proceedings and Orders
Mail marked “Unclaimed” does not constitute service.
"Unclaimed"; shall not constitute service since there is no presumption that the defendant has reason to know that legal proceedings involving him/her have been commenced.
Page 1 | Rule 1: Small Claims Matters
Mail marked “Refused” creates a presumption that the defendant was served.
"Refused"; shall constitute a presumption of service upon the defendant since it indicates that he/she was presented with the envelope but refused to accept it under circumstances indicating that he/she had reason to know that it involved legal proceedings against him.
Page 1 | Rule 1: Small Claims Matters
The Child Support Agency must receive proper notice at least 24 hours before a hearing specifically relating to child-support issues; if it did not and disagrees with the judgment's order, it may request that the Court set aside the affected issues.
If the Child Support Agency was not given proper notice (at least 24 hours) of any hearing that specifically relate to child support issues and disagrees with the order as set forth in the judgment, it has the right to request the Court to set aside those issues in the judgment as it may relate to their Agency.
Page 8 | Family Court Proceedings and Orders
Filing Fees and Waivers
A purchaser who requests a divorce packet is charged a $10.00 fee, which is entirely a county fee.
At the request of the purchaser, a $10.00 fee will be charged for a "divorce packet" to ensure that all appropriate documents have been provided for completion prior to entry of judgment. This fee is a 100% county fee.
Page 2 | Rule 2: Pro Se Divorce Packet Fee
Adjournment & Extension Requirements
If a defendant appears and no citation or criminal complaint is on file, the case will not be adjourned and will instead be dismissed without prejudice.
If a defendant appears in Court with no citation and/or criminal complaint being on file, the case will not be adjourned, it will be dismissed without prejudice.
Page 6 | Rule 10: Timeline for filing traffic citations and probable cause information
Chambers Communication Rules
The Huber/Work Release Center must notify the Clerk of Court office by e-mail or fax of any modification to the original Judgment of Conviction.
The Huber/Work Release Center will also notify the Clerk of Court office via e-mail or fax of any modifications to the original Judgment of Conviction.
Page 5 | Rule 9: Huber/Work Release Transfers