Court Rules

Shawano County Circuit Court, Wisconsin

Court-Level Rules, Filing Procedures & Policies

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Document Format Requirements1 rule

FormattingNote

3. All orders preferred to be in even dollars, no cents.

Applies to
  • Family court order

Formatting

  • Orders are preferred to be in even dollars, with no cents
Shawano County Circuit Court Rules · Jul 2015 · p. 2
|SectionRule 3: Family Court Proceedings and Orders

Document Filing Requirements18 rules

Filing RequirementsMandatory

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 2
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 2
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

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

Shawano County Circuit Court Rules · Jul 2015 · p. 2
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

4. All orders must have an effective date.

Shawano County Circuit Court Rules · Jul 2015 · p. 2
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

and must so state that requirement in any judgments or orders.

Shawano County Circuit Court Rules · Jul 2015 · p. 3
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

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".

Shawano County Circuit Court Rules · Jul 2015 · p. 3
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

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).

Shawano County Circuit Court Rules · Jul 2015 · p. 4
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

Judgments of divorce actions with children must be approved by the Child Support Agency prior to signature of the Court.

Shawano County Circuit Court Rules · Jul 2015 · p. 4
|SectionRule 3: Family Court Proceedings and Orders
Filing RequirementsMandatory

No final disposition will be made until this information is in the file.

Shawano County Circuit Court Rules · Jul 2015 · p. 5
|SectionRule 6: Medical and Genetic Biological Information TPR's
Filing RequirementsMandatory

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 5
|SectionRule 6: Medical and Genetic Biological Information TPR's
Filing RequirementsMandatory

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 6
|SectionRule 10: Timeline for filing traffic citations and probable cause information
Filing RequirementsMandatory

Financial disclosure statements are to be filed with the Family Court Commissioner at the time of the temporary hearing.

Shawano County Circuit Court Rules · Jul 2015 · p. 6
|SectionRule 11: Family Court Commissioner Filings
Filing RequirementsMandatory

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 6
|SectionRule 11: Family Court Commissioner Filings
Filing RequirementsMandatory

(A duplicate or updated financial disclosure statement will also be required at the final divorce hearing).

Shawano County Circuit Court Rules · Jul 2015 · p. 6
|SectionRule 11: Family Court Commissioner Filings
Filing RequirementsMandatory

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 7
|SectionRule 12: Speedy Trial Demand
Filing RequirementsMandatory

13. Judgments of divorce actions with children must be approved by the Child Support Agency prior to signature of the Court.

Shawano County Circuit Court Rules · Jul 2015 · p. 8
|SectionFamily Court Proceedings and Orders
Filing RequirementsImportant

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.

Shawano County Circuit Court Rules · Jul 2015 · p. 8
|SectionFamily Court Proceedings and Orders
Filing RequirementsImportant

6. Percentage orders will not be used in IV-D cases.

Shawano County Circuit Court Rules · Jul 2015 · p. 8
|SectionFamily Court Proceedings and Orders

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

Common questions about Shawano County Circuit Court, Wisconsin rules

What must be included with petition order to show cause affidavit filings in Shawano County Circuit Court, Wisconsin?

Each party filing an annulment, legal separation, or divorce action must provide the Family Court Commissioner copies of the Petition, Order to Show Cause, and Affidavit within one week of filing, whether or not a hearing is requested.

View ruleSource: page 6, section Rule 11: Family Court Commissioner Filings

What must be included with family court order filings in Shawano County Circuit Court, Wisconsin?

Under the KIDS System, permitted order types are child or family support, maintenance or alimony, and health insurance orders with a monthly dollar amount.

View ruleSource: page 2, section Rule 3: Family Court Proceedings and Orders

How may parties contact Shawano County Circuit Court, Wisconsin?

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.

View ruleSource: page 5, section Rule 9: Huber/Work Release Transfers

How do I request an adjournment or extension in Shawano County Circuit Court, Wisconsin?

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.

View ruleSource: page 6, section Rule 10: Timeline for filing traffic citations and probable cause information

Are filing fees or waivers addressed in Shawano County Circuit Court, Wisconsin?

A fee is required for covered filings. A purchaser who requests a divorce packet is charged a $10.00 fee, which is entirely a county fee.

View ruleSource: page 2, section Rule 2: Pro Se Divorce Packet Fee

Is electronic filing required in Shawano County Circuit Court, Wisconsin?

Electronic filing is permitted for the covered filings. 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.

View ruleSource: page 4, section Rule 5: Filing of Facsimile Transmissions

What filing deadlines apply to confidential petition addendum filings in Shawano County Circuit Court, Wisconsin?

When required, the Confidential Petition Addendum must be submitted at the time a new action is filed.

View ruleSource: page 3, section Rule 3: Family Court Proceedings and Orders

What service or proof of service rules apply in Shawano County Circuit Court, Wisconsin?

After notice that service failed, the plaintiff must obtain personal service or service by publication within 30 days or the action will be dismissed.

View ruleSource: page 2, section Rule 1: Small Claims Matters
Complete rules summary for Shawano County Circuit Court, Wisconsin

Mail marked “Refused” creates a presumption that the defendant was served.

Each party filing an annulment, legal separation, or divorce action must provide the Family Court Commissioner copies of the Petition, Order to Show Cause, and Affidavit within one week of filing, whether or not a hearing is requested.

Mail marked “Unclaimed” does not constitute service.

After notice that service failed, the plaintiff must obtain personal service or service by publication within 30 days or the action will be dismissed.

A purchaser who requests a divorce packet is charged a $10.00 fee, which is entirely a county fee.

Under the KIDS System, permitted order types are child or family support, maintenance or alimony, and health insurance orders with a monthly dollar amount.

Orders must state amounts monthly even when payments are received weekly, bi-weekly, or semi-monthly.

Orders are preferred to state amounts in even dollars without cents.

Every order must include an effective date.

When an order sets two rates, it must identify the specific time frames for each rate and must not define them by employment status.

The parties must exchange tax information annually to determine payment status and any arrears.

Judgments and orders must state the parties’ annual tax-information exchange requirement.

If the petition does not already contain the information, the Confidential Petition Addendum must be completed in full and submitted when a new action is filed.

When required, the Confidential Petition Addendum must be submitted at the time a new action is filed.

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.

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.

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.

A copy of every new divorce filing, with or without children, and the Judgment of Divorce must be provided to the Family Court Commissioner.

The Child Support Agency must approve judgments in divorce actions with children before the Court signs them.

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.

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.

The petitioning agency or attorney must file the required medical and genetic information, or counsel must explain in writing why it is unobtainable.

Percentage orders are prohibited in IV-D cases.

The Court will not make a final disposition until the medical and genetic information is in the file.

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 issuing agency must file original citations written for the Circuit Court with the Clerk of Court within 72 hours.

When the District Attorney's Office needs paperwork to process charges, the issuing agency must provide the D.A. a copy of the citation and supporting documentation as soon as possible and no later than three weeks before the return date.

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.

Financial disclosure statements must be filed with the Family Court Commissioner at the temporary hearing.

A duplicate or updated financial disclosure statement must be provided at the final divorce hearing.

More Judges in Shawano County Circuit Court, Wisconsin

Katherine Sloma
Judge
William F. Kussel Jr.
Judge