Sheboygan County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 1 copy • With Notice of Motion or at Least 10 Days Before Hearing
Adjournments
- Adjournment requests must be written, addressed to the assigned judge, served on opposing parties, and received at least 10 days before the hearing, unless the time limits are waived for good cause.
- Adjournment requests must be written and received at least 48 hours before the hearing.
Page & Word Limits1 rule
C. The document does not exceed fifteen (15) pages in length, excluding cover sheet.
- Page limit
- Up to 15 pages
Document Format Requirements8 rules
804 Written answer
Formatting
- •The answer must be in writing
All papers, pleadings, motions, etc., shall be on substantial paper, contain the case number assigned and designate in the caption the branch of circuit court assigned to the case.
304 Objections to dismissal shall be made in writing to the judge having jurisdiction of the action to be dismissed.
All pleadings under Sec. 799, Wis. Stats., shall be in writing unless specifically ordered otherwise by the assigned judge.
Any jury view is to be requested in writing no later than days prior to trial with notice of such request to be given to all parties.
C. They are plain paper documents.
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, Stats.
Pattern instructions need only be referred to by number.
Document Filing Requirements47 rules
801 Form SC-500 for filing
A motion to close public proceedings requires written notice to the court and media coordinator, subject to the good-cause exception.
Court's wording
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public 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.
All papers, pleadings, motions, etc., shall be on substantial paper, contain the case number assigned and designate in the caption the branch of circuit court assigned to the case.
- Document
- Court paper
- Placement
- Caption
Must include
- •Case number
In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition of Waiver of Fees/ Costs and Affidavit of Indigency must be completed.
Objections to the form or content of the document submitted shall be filed in writing with the court within 10 days of service or mailing.
Notification of signing will be made upon a form or postcard to be included by submitting counsel.
An order granting the request shall accompany the petition.
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
In the event the moving party does not wish to file a brief or other documents, a statement waiving this right shall be filed with the motion.
No default mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants 10 days prior to the hearing.
The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.
Motions must state specific grounds and a factual basis; general constitutional-rights assertions are insufficient, and the judge may deny such motions sua sponte with notice and leave to renew timely.
Court's wording
All motions must state with specificity the grounds and factual basis therefore. General assertions of violations of Constitutional rights will not be considered specific. Such non-specific motions may be denied sua sponte by the assigned judge with notice to the parties of such denial and leave to renew the motions in a timely manner.
All judgments discharged in bankruptcy shall be removed from the docket only upon a petition, accompanied by a certified copy of the Discharge in Bankruptcy with a copy of the Bankruptcy Schedule F listing the debts affected, and an order signed by the Intake or other Judge.
The results of all pre-trial conferences shall be reported to the assigned judge.
For all other pre-trial conferences the defense attorney shall have a written waiver of appearance and authorization to enter into a binding plea agreement.
No court will proceed to a plea hearing until a completed "Plea Questionnaire" has been filed.
Except in felony cases, the plea agreement may be reduced to a written stipulation at the conclusion of the conference and filed with the assigned judge, along with a completed "Plea Questionnaire" and "Notice of Appeal Rights."
The letter must show the defendant's return address.
Defendants in small claims actions must submit or file a written answer, with the procedure differing for eviction and other actions.
Court's wording
In eviction actions only, defendants must appear on the date listed on the summons for the initial appearance. At that time, the defendant will submit a written answer to the complaint. In all other small claims actions, defendants must file a written answer with the court prior to or at the date set for the initial appearance on the matter.
All small claims actions filed in Sheboygan County shall be submitted on Form SC-500.
The Affidavit of Nonmilitary Service must be filed, and no default judgment may be entered without it.
Court's wording
The Affidavit of Nonmilitary Service must be filed as required by Rule 806. The form is available on wicourts.gov, Forms, Circuit court, General, GF-175. No default judgment can be entered unless this document has been filed.
Proof of personal service or publication, if required, along with the proof of Non- Military Service, must be filed with the Clerk of Courts office by noon on the Friday before the scheduled initial appearance.
At temporary hearings, each party must bring specified wage, financial disclosure, and tax documents; failure to file them authorizes the commissioner to accept the other party’s statement as accurate.
Court's wording
At temporary hearings both parties shall bring wage statements from their respective employers for a period of twelve weeks prior to the hearing date, a financial disclosure statement signed under oath, and copies of state and federal income tax returns for the two prior years in the possession or control of each party. Failure to file these documents shall authorize the Family Court Commissioner to accept the statement of the other party as accurate.
All stipulations for order to suspend proceedings to effect reconciliation in a divorce action shall be submitted on form FA-4144 Pro Se.
At least 10 days prior to the pretrial hearing counsel shall provide to the court and opposing counsel the information as required by the pretrial order.
Prior to obtaining a date and time from the court, any party seeking to enforce or modify a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Circuit Courts an Order to Show Cause or other appropriate Motion and pay such fee as required.
The final stipulation and each party's financial disclosure statement shall be filed with the Family Court Commissioner prior to the hearing date.
In all actions affecting the family, the financial disclosure statement as statutorily required for each party shall be filed using form FA-4139 or a similar form that contains as much or more information.
Upon proof of filing and payment of any required fee, the court will provide the filing party with the date and time for hearing. Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and / or local rule.
In family cases where the parties have minor children and in all paternity cases, a Parenting Plan under §767.41(1m), Wis. Stats. or a written stipulation resolving all issues pertaining to custody and placement must be filed at least 10 days prior to the pretrial conference
The findings of fact, conclusions of law and judgment of divorce must be filed at the start of the hearing. Failure to file these documents in a timely fashion will result in the cancellation of the hearing.
If the transmission exceeds fifteen (15) pages, the filing party shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
1405 An admission questionnaire must be completed prior to the acceptance of any guilty pleas.
Covered discovery motions must include a written statement certifying the consultation efforts and identifying when, where, and with whom they occurred.
Court's wording
All motions to compel discovery or production of documents pursuant to Chapter 804, Wis. Stats., or any motion to serve additional interrogatories pursuant to rule 1603 must be accompanied by a statement in writing by the movant that, after consultation or repeated attempts at consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation or attempted consultation and the names of all parties participating therein.
Petition for Waiver of Fees/ Costs and Affidavit of Indigency and Order (Mandatory court form CV-410)
- Document
- Petition for waiver of fees costs
Must include
- •Mandatory court form CV-410
All proposed jury instructions and special verdicts shall be filed with the Court and opposing counsel on or before the pre-trial conference.
The parties or their attorneys must notify the Court and opposing counsel in writing whether they wish to attempt alternative dispute resolution.
Court's wording
The parties or the attorneys for the parties shall notify the court and opposing counsel in writing on or before as to whether a party or the parties wants) to attempt to resolve any appropriate issues in dispute through any of the means of alternative dispute resolution described in Wis. Stat. §802.12.
Any stipulation to amend or modify this order shall be made in writing and must be approved by the Court.
Where appropriate, only approved forms shall be used.
The Clerk of Circuit Courts and the Register in Probate shall refuse to accept for filing any document not in compliance with this rule and the appropriate state statutes.
Failure to file written objections shall be deemed a waiver of objections. The document will be deemed signed unless objections have been filed.
Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, by an affidavit of the aforesaid notice to defendant.
A response or an objection to a request for production of documents shall reproduce the request to which it refers.
An objection or an answer to an interrogatory shall reproduce the interrogatory to which it refers.
A response or an objection to a request for admission shall reproduce the request to which it refers.
If a proposed order permitting the propounding of additional interrogatories is agreed upon, it should promptly be served on all other parties and filed with the court.
All pleadings should be addressed to the Clerk of Circuit Courts for filing.
Filing & Service rules
Electronic Filing Rules
A fax sent through a non-court intermediary is accepted for filing only if no filing fee or additional circuit-court charge is required and the document is plain paper.
Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if: a. No filing fee is required. b. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document. C. They are plain paper documents.
Page 23 | Rule 12: Facsimile Transmissions
Direct fax filings are accepted only if the court has a compliant fax machine physically located in the clerk of circuit court or register in probate offices.
Facsimile documents transmitted directly to the courts shall be accepted for filing only if: a. The circuit court has a facsimile machine capable of reproducing documents that meet Supreme Court Rule 72.01 concerning retention of filed documents. Only plain-paper facsimile machines currently comply with this requirement. The circuit court has a facsimile machine physically located within the offices of the clerk of circuit court or the register in probate.
Page 23 | Rule 12: Facsimile Transmissions
Small claims forms and fees may be submitted through the Court System website or, as printed forms and fees, through the Clerk of Courts office.
The forms may be submitted and fees paid through the Court System website. In the alternative, the printed forms and fees may be submitted through the Clerk of Courts office.
Page 17 | Rule 8 - Small Claims Practice
Instructions are available for submitting answers through the eFiling system or by mail.
Detailed instructions on submitting the answer through the eFiling system or by mail are available on the Wisconsin Court System website and the Sheboygan County website, through the Clerk of Courts and Family Court Commissioner webpages.
Page 17 | Rule 8 - Small Claims Practice
The required forms may be filed through the Wisconsin Court System website or mailed to the Clerk of Courts in time to meet the deadline.
These forms may be Filed through the Wisconsin Court System website. In the alternative, the required documentation may be mailed to the Clerk of Courts in time to meet the filing deadline listed above.
Page 18 | Rule 8 - Small Claims Practice
Documents intended for court reference or another non-filing purpose may be faxed at the discretion of the judge or clerk.
Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge or clerk.
Page 24 | Rule 12: Facsimile Transmissions
Filing Timing and Cure Windows
Reports must be submitted 72 hours before disposition.
1403 Reports submitted 72 hours prior to disposition
Page 4 | Rule 14 - Juvenile Procedure
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public 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 proceedings required by law to be public 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 5 | Rule 2 - General Provisions
Objections to the form or content of a submitted document must be filed in writing with the court within 10 days of service or mailing.
Objections to the form or content of the document submitted shall be filed in writing with the court within 10 days of service or mailing.
Page 6 | Rule 2 - General Provisions
An objection to the withdrawal request must be made within ten days of the court's receipt of the request to prevent the no-objection procedure from applying.
case pending in the circuit court shall present to the court a petition to allow counsel to withdraw provided no objection is made within ten (10) days of the court's receipt of the request.
Page 7 | Rule 2 - General Provisions
State Public Defender-appointed counsel may not file a withdrawal request until 60 days after a party misses a scheduled hearing, unless good cause is shown.
In all cases in which counsel has been appointed by the State Public Defender to represent a client, no request to withdraw as counsel shall be filed until 60 days after a party fails to appear for a scheduled hearing unless good cause is shown to the court.
Page 7 | Rule 2 - General Provisions
Court-appointed indigent counsel and Guardians ad Litem must submit payment invoices within 90 days of case disposition or attorney withdrawal or forfeit payment.
Any attorney who has been appointed by the Court as indigent counsel or Guardian ad Litem, that wishes to receive payment from Sheboygan County for services rendered, must submit an invoice for payment within 90 days of the disposition of the case or withdrawal of the attorney or forfeit the right to receive payment from the County.
Page 7 | Rule 2 - General Provisions
Actions suspended because of a bankruptcy petition will be dismissed without notice one year after filing unless a certified copy of the discharge is presented to the presiding judge before then.
306 All actions suspended due to the filing of a Petition in Bankruptcy will be dismissed, without notice to any party, one (1) year from the date of filing unless a certified copy of the Discharge in Bankruptcy is presented to the presiding judge before the expiration of the one year period.
Page 9 | Rule 3 - Case Processing Time Guidelines
A party may move for summary judgment within eight months after filing the summons and complaint or within the time set by the scheduling order.
A party may, within eight months of filing of a summons and complaint or within the time set in the court's scheduling order, move for summary judgment on any claim asserted by or against the party.
Page 12 | Rule 6 - Civil Practice
Proof of service or publication must be filed within 10 days after receipt by the plaintiff, petitioner, or counsel.
Proof of service or proof of publication shall be filed with the Clerk of Court within 10 days of receipt by plaintiff, petitioner or counsel.
Page 12 | Rule 6 - Civil Practice
A defendant must request a hearing in writing within 10 days of the notice to avoid entry of default judgment without that request.
The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.
Page 13 | Rule 6 - Civil Practice
Defense counsel must file discovery motions in felony and misdemeanor cases within 10 working days after arraignment.
Motions for discovery in felony and misdemeanor cases shall be filed by defense counsel within 10 working days of the date of arraignment.
Page 14 | Rule 7 - Criminal Law and Traffic Practice
The deadline for a defendant's pretrial motions does not begin to run until discovery is given to the defendant under the Code of Criminal Procedure.
The time in which a defendant must file pre-trial motions shall not commence to run until the date that discovery is given to the defendant under the Code of Criminal Procedure.
Page 14 | Rule 7 - Criminal Law and Traffic Practice
The State must respond to a discovery demand within 10 working dates of its filing.
The State shall respond to the demand for discovery within 10 working dates of the date of filing.
Page 14 | Rule 7 - Criminal Law and Traffic Practice
Pleas must be on the record by the scheduled trial date, and plea hearings will not occur afterward absent good cause.
All pleas must be of record on or before the scheduled trial dates. Plea hearings will not be conducted after the scheduled trial date, except for good cause.
Page 15 | Rule 7 - Criminal Law and Traffic Practice
In non-eviction small claims actions, defendants must file a written answer before or at the initial appearance date.
In all other small claims actions, defendants must file a written answer with the court prior to or at the date set for the initial appearance on the matter.
Page 17 | Rule 8 - Small Claims Practice
In eviction actions, the written answer must be submitted at the initial appearance date listed on the summons.
In eviction actions only, defendants must appear on the date listed on the summons for the initial appearance. At that time, the defendant will submit a written answer to the complaint.
Page 17 | Rule 8 - Small Claims Practice
Required service and Non-Military Service proofs must be filed by noon on the Friday before the scheduled initial appearance.
Proof of personal service or publication, if required, along with the proof of Non- Military Service, must be filed with the Clerk of Courts office by noon on the Friday before the scheduled initial appearance.
Page 18 | Rule 8 - Small Claims Practice
The Affidavit of Nonmilitary Service must be filed within 15 days of the initial appearance or the case will be dismissed.
If the Affidavit is not filed within 15 days of the initial appearance, the case will be dismissed.
Page 18 | Rule 8 - Small Claims Practice
The required pretrial-order information must be provided at least 10 days before the pretrial hearing.
At least 10 days prior to the pretrial hearing counsel shall provide to the court and opposing counsel the information as required by the pretrial order.
Page 21 | Rule 10 - Family Law Practice
The final stipulation and each party’s financial disclosure statement must be filed before the hearing date.
The final stipulation and each party's financial disclosure statement shall be filed with the Family Court Commissioner prior to the hearing date.
Page 22 | Rule 10 - Family Law Practice
The required divorce-hearing documents must be filed at the start of the hearing; untimely filing results in cancellation.
The findings of fact, conclusions of law and judgment of divorce must be filed at the start of the hearing. Failure to file these documents in a timely fashion will result in the cancellation of the hearing.
Page 22 | Rule 10 - Family Law Practice
The required motion and fee must be filed and paid before the court provides a hearing date and time.
Prior to obtaining a date and time from the court, any party seeking to enforce or modify a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Circuit Courts an Order to Show Cause or other appropriate Motion and pay such fee as required.
Page 22 | Rule 10 - Family Law Practice
The required Parenting Plan or custody-and-placement stipulation must be filed at least 10 days before the pretrial conference in the specified cases.
In family cases where the parties have minor children and in all paternity cases, a Parenting Plan under §767.41(1m), Wis. Stats. or a written stipulation resolving all issues pertaining to custody and placement must be filed at least 10 days prior to the pretrial conference
Page 22 | Rule 10 - Family Law Practice
A fax transmission completed after the clerk's regular business hours is considered filed the next business day.
Papers filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Courts office are considered filed the next business day.
Page 24 | Rule 12: Facsimile Transmissions
Facsimile papers are filed upon receipt, the official court record may not be substituted, and no additional copies may be sent.
Facsimile papers are considered filed upon receipt and the official court record may not be substituted. No additional copies may be sent.
Page 24 | Rule 12: Facsimile Transmissions
Court reports must be submitted to the juvenile clerk at least 72 hours before the disposition hearing.
1403 Court reports shall be submitted to the juvenile clerk 72 hours prior to the disposition hearing
Page 25 | Rule 14 - Juvenile Procedure
Juvenile orders must be prepared within 10 days of the disposition hearing, though the court may assign preparation to another party.
1404 The District Attorney's Office and the Clerk of Court's Office shall prepare all juvenile orders within 10 days of the disposition hearing. The court may designate responsibility for the preparation of order to other party as appropriate.
Page 25 | Rule 14 - Juvenile Procedure
A personal representative or counsel who receives notice that an estate is delinquent in filing a Probate Code document must respond in writing to the Register in Probate within 10 days.
If a personal representative or counsel receives a notice from the Register in Probate that an estate is delinquent in filing a document required by the Probate Code, that person must respond in writing to the Register in Probate within 10 days.
Page 28 | Rule 17 - Probate Practice
Motions in limine and supporting briefs must be filed with the Court and opposing counsel by a deadline set as a number of days before the pre-trial or trial.
All motions in limine and supporting briefs shall be filed with the Court and opposing counsel at least _ _ days before pre-trial/ trial.
Page 33 | SCHEDULING CONFERENCE ORDER
Opposition briefs to motions in limine must be filed with the Court and opposing counsel by a deadline set as a number of days before the pre-trial or trial.
All briefs in opposition to any motion in limine shall be filed with the Court and opposing counsel at least _ days before pre-trial/ trial.
Page 33 | SCHEDULING CONFERENCE ORDER
Proposed jury instructions and special verdicts must be filed by the pre-trial conference.
All proposed jury instructions and special verdicts shall be filed with the Court and opposing counsel on or before the pre-trial conference.
Page 33 | SCHEDULING CONFERENCE ORDER
A jury-view request must be made by the specified number of days before trial.
Any jury view is to be requested in writing no later than days prior to trial with notice of such request to be given to all parties.
Page 34 | SCHEDULING CONFERENCE ORDER
Civil cases are reviewed for service and answer 100 days after filing, and the court initiates a dismissal order if the case has not reached issue.
All civil cases will be reviewed for service and answer 100 days after filing. If at that time it is found that a case has not reached issue, a dismissal order shall be initiated by the court.
Page 12 | Rule 6 - Civil Practice
The court may disregard briefs filed untimely.
Briefs filed in an untimely fashion may be disregarded by the court.
Page 13 | Rule 6 - Civil Practice
The pretrial hearing is scheduled for 120 days after the action is filed, or as soon afterward as the court is available.
The pretrial order will show the date 120 days after the filing of the action, or as soon thereafter as the court is available, when a pretrial hearing is scheduled.
Page 21 | Rule 10 - Family Law Practice
The party sending a facsimile is solely responsible for ensuring that the court receives it completely and on time.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
Page 24 | Rule 12: Facsimile Transmissions
The court, judge, and clerk are not responsible for transmission errors causing missing or illegible documents or for periods when the court fax machine is not operational.
The Circuit Court, Judge or Clerk 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 24 | Rule 12: Facsimile Transmissions
Service and Proof of Service Rules
Counsel submitting a document to the court for signature must simultaneously forward a copy to all other counsel and unrepresented parties.
When counsel submits a document to the court for signature, a copy shall be simultaneously forwarded to all other counsel and/ or unrepresented parties.
Page 6 | Rule 2 - General Provisions
Counsel must send a copy of the withdrawal petition to the represented party's last known address and to all other parties or counsel of record.
A copy of the petition shall be sent by counsel to the last known address of the party represented by petitioning counsel and to all other parties/ counsel of record.
Page 7 | Rule 2 - General Provisions
Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing.
Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing.
Page 11 | Rule 5 - Adjournments
Unless the scheduling order provides otherwise, summary judgment motion papers must be served at least 20 days before the hearing and opposing papers at least five days before it.
Unless otherwise specified in the scheduling order, the motion along with a brief and other supporting documents shall be served and filed at least 20 days before the time fixed for the hearing, and the adverse party shall serve and file opposing affidavits, brief, and other supporting documents at least five days before the time fixed for hearing.
Page 12 | Rule 6 - Civil Practice
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
Page 12 | Rule 5 - Adjournments
For a motion other than summary judgment, a supporting brief must be filed with the Clerk, served and filed on opposing counsel, and a copy filed with the assigned judge with the notice of motion or at least 10 days before the hearing.
If the movant desires to file a brief in support of a motion other than one tor summary judgment, the brief shall be served and filed with the Clerk of Circuit Courts; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the assigned judge with the notice of motion or at least 10 days prior to any scheduled hearing date.
Page 12 | Rule 6 - Civil Practice
Proof of service or publication must be filed with the Clerk of Court within 10 days after the plaintiff, petitioner, or counsel receives it.
Proof of service or proof of publication shall be filed with the Clerk of Court within 10 days of receipt by plaintiff, petitioner or counsel.
Page 12 | Rule 6 - Civil Practice
All defendants in a default mortgage foreclosure must receive due notice at least 10 days before the hearing.
No default mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants 10 days prior to the hearing.
Page 13 | Rule 6 - Civil Practice
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing
Page 13 | Rule 6 - Civil Practice
If the defendant was not personally served, notice of a motion for default judgment must be mailed to the defendant's last known address by regular mail.
In cases where personal service is not obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant's last known address.
Page 13 | Rule 6 - Civil Practice
Opposition briefs served by mail must be served on opposing counsel at least three business days before the hearing.
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.
Page 13 | Rule 6 - Civil Practice
Form SC5200V must be served on the defendant along with the summons and complaint.
An answer and information form, SC5200V, must be served upon the defendant along with the summons and complaint.
Page 17 | Rule 8 - Small Claims Practice
Summonses in small claims actions may generally be served by regular or certified mail with return receipt, subject to the stated eviction and replevin exceptions.
Sheboygan County, by this rule, authorizes the service of summonses in all small claims actions within Sheboygan County, by regular or certified mail with a return receipt, except evictions which require service pursuant to Wis. Stat. 799.12 and s. 799.16 and replevins which require personal service or service by certified mail with a return receipt.
Page 18 | Rule 8 - Small Claims Practice
The party requesting a temporary hearing must give the other party at least 48 hours’ notice before the hearing.
The party petitioning for a temporary hearing shall give the other party at least forty-eight hours notice prior to said hearing.
Page 19 | Rule 10: Family Law Practice
For divorce, legal separation, or annulment actions, the clerk issues an original and copy of the assigned judge’s signed pretrial order, and the copy must be served with the summons and petition.
At the time of the filing of any action for divorce, legal separation, or annulment, the Clerk of Circuit Courts shall issue to the filing party an original and a copy of a pretrial order signed by the judge to whom the case has been assigned. The copy is to be served upon the other party along with the summons and petition in the action
Page 21 | Rule 10 - Family Law Practice
Counsel must provide the required pretrial-order information to opposing counsel.
At least 10 days prior to the pretrial hearing counsel shall provide to the court and opposing counsel the information as required by the pretrial order.
Page 21 | Rule 10 - Family Law Practice
The hearing notice containing the date and time must be served on the opposing party within the time prescribed by statute or local rule.
Upon proof of filing and payment of any required fee, the court will provide the filing party with the date and time for hearing. Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and / or local rule.
Page 22 | Rule 10 - Family Law Practice
Discovery documents not filed with the assigned judge must be served on all other counsel or unrepresented parties and include certified proof of service stating the date and manner of service and the persons served.
All discovery documents not filed with the assigned judge pursuant to Sec. 804.01(6), Wis. Stats., shall be served on all other counsel of record and/ or parties not represented by counsel of record and shall contain proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Proof of service may appear on or be affixed to the papers served.
Page 27 | Rule 16 - Discovery
Proposed jury instructions and special verdicts must be provided to opposing counsel.
All proposed jury instructions and special verdicts shall be filed with the Court and opposing counsel on or before the pre-trial conference.
Page 33 | SCHEDULING CONFERENCE ORDER
All briefs in opposition to any motion in limine shall be filed with the Court and opposing counsel at least _ days before pre-trial/ trial.
All briefs in opposition to any motion in limine shall be filed with the Court and opposing counsel at least _ days before pre-trial/ trial.
Page 33 | SCHEDULING CONFERENCE ORDER
Motions in limine and supporting briefs must be provided to opposing counsel.
All motions in limine and supporting briefs shall be filed with the Court and opposing counsel at least _ _ days before pre-trial/ trial.
Page 33 | SCHEDULING CONFERENCE ORDER
A party joining additional parties after the scheduling conference must supply them with the order within 10 days after the answer or answers are filed.
The party joining additional parties after this scheduling conference is responsible for supplying the joined parties with a copy of the scheduling conference order within 10 days after the answer(s) have been filed.
Page 34 | SCHEDULING CONFERENCE ORDER
The alternative-dispute-resolution notice must be provided to opposing counsel.
The parties or the attorneys for the parties shall notify the court and opposing counsel in writing on or before as to whether a party or the parties wants) to attempt to resolve any appropriate issues in dispute through any of the means of alternative dispute resolution described in Wis. Stat. §802.12.
Page 34 | SCHEDULING CONFERENCE ORDER
All parties must receive notice of a jury-view request.
Any jury view is to be requested in writing no later than days prior to trial with notice of such request to be given to all parties.
Page 34 | SCHEDULING CONFERENCE ORDER
The party receiving an adjournment is solely responsible for notifying opposing counsel and, where appropriate, all parties and witnesses.
The party receiving the adjournment shall be solely responsible for notifying opposing counsel and, where appropriate, all parties and witnesses that the hearing, trial, etc., has been adjourned.
Page 11 | Rule 5 - Adjournments
In large-claim civil actions where the defendant was personally served, notice before default judgment is not required, except in mortgage foreclosures.
Except as to mortgage foreclosures, notice to defendant is not required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.
Page 13 | Rule 6 - Civil Practice
A judge may require additional notice or proof concerning service, damages, or costs in an individual case when appropriate.
Any judge may in an individual case require further notice or proof regarding service, damages or costs if appropriate.
Page 13 | Rule 6 - Civil Practice
Service by mail is not permitted when the defendant is outside the county where the action is filed.
Section 799.12, Wis. Stats., does not permit service by mail if the defendant is located outside the County in which the action is filed.
Page 18 | Rule 8 - Small Claims Practice
If a proposed order permitting the propounding of additional interrogatories is agreed upon, it should promptly be served on all other parties and filed with the court.
If a proposed order permitting the propounding of additional interrogatories is agreed upon, it should promptly be served on all other parties and filed with the court.
Page 27 | Rule 16 - Discovery
Filing Fees and Waivers
An Order to Show Cause must be filed and a fee paid to obtain a hearing date and time.
1012 File Order to Show Cause and pay fee to obtain date and time for hearing
Page 4 | Rule 10 - Family Law Practice
An indigency-based waiver of costs and fees is available outside felony and misdemeanor proceedings, with the required petition and affidavit.
In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition of Waiver of Fees/ Costs and Affidavit of Indigency must be completed. [Appendix A]
Page 6 | Rule 2 - General Provisions
The nonrefundable jury fee must be paid at or before the scheduling conference.
The nonrefundable jury fee is payable at or before the scheduling conference.
Page 6 | Rule 2 - General Provisions
The court must waive costs and fees if the affidavit establishes a listed eligibility basis, and must consider the stated financial factors and federal poverty guidelines when assessing poverty-based eligibility.
The court shall order a waiver of costs and fees if the affidavit demonstrates any of the following: 1. The person is a recipient of means-tested public assistance. The person is represented by an attorney through a legal services program for indigent persons. That the person is otherwise unable, because of poverty, to pay such sums. In determining a person's eligibility for waiver, the court shall consider the person's household size, income, expenses, assets and debts and the federal poverty guidelines under 42 USC 9902(2).
Page 6 | Rule 2 - General Provisions
A $5.00 satisfaction fee is assessed for each affected judgment.
A satisfaction fee of $5.00 per affected judgment is assessed.
Page 14 | Rule 6 - Civil Practice
A jury fee is assessed when a civil jury trial settles within two business days of trial, but the judge may waive it for good cause.
When a civil jury trial is settled within two business days of the trial date, a jury fee for a twelve person jury or for a six person jury, as applicable, shall be assessed. The presiding judge may waive the late settlement assessment upon a showing of good cause.
Page 19 | Rule 9 - Late Settlement Assessments
In a post-judgment custody or physical-placement matter, the party seeking a change to the judgment is responsible for payments due in advance.
In a post-judgment matter relating to the custody or physical placement of a child or children the party seeking a change in the judgment with respect to those issues shall be responsible for any payments due in advance.
Page 20 | Rule 10: Family Law Practice
In an original action involving custody or physical placement, the parties are equally responsible for advance mediation, study, and guardian ad litem fees and are presumed equally responsible for the total fees.
In an original action where custody or physical placement of a child or children is an issue the parties shall be equally responsible for the payment of any fees for mediation, custody or physical placement studies or guardian ad litem fees due in advance and will be presumed to be equally responsible for the total fees.
Page 20 | Rule 10: Family Law Practice
If a parent fails to attend the 'Remember the Children' program or fails to attend mediation, the entire guardian ad litem deposit under Rule 1005 shall be paid by that parent.
If a parent fails to attend the 'Remember the Children' program or fails to attend mediation, the entire guardian ad litem deposit under Rule 1005 shall be paid by that parent.
Page 20 | Rule 10: Family Law Practice
When a guardian ad litem is appointed in a family action, a full or partial $1,000 prepayment must be paid directly to the guardian upon acceptance for deposit in the guardian’s trust account, subject to further court order.
In any action affecting the family in which a guardian ad litem is appointed by the court a full or partial prepayment in the amount of $1,000 shall be paid directly to the appointed guardian ad litem, upon acceptance of the appointment, for deposit in his or her trust account, subject to further order of the court.
Page 20 | Rule 10: Family Law Practice
A party unable to pay fees may request relief by motion, and the court may allocate fees or enter a judgment for them based on indigency.
If one or both of the parties allege that they are unable to pay the fees, that party may request relief from payment by motion which may be made to the family court commissioner or the court in an original action and to the court in a post-judgment action. If one of the parties is indigent, the court or court commissioner may order the other party to pay the fee. If both are indigent, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.
Page 21 | Rule 10 - Family Law Practice
Mediation and custody or physical placement study fees must be paid directly to the Clerk of Circuit Courts, which accepts the listed payment methods.
Fees for mediation and custody or physical placement studies are payable directly to the Clerk of Circuit Courts, Courthouse, 615 N. 6th Street, Sheboygan, WI 53081. The Clerk of Circuit Courts will accept cashier checks, cash, money orders, personal checks or checks drawn on an attorney's account.
Page 21 | Rule 10 - Family Law Practice
A party seeking to enforce or modify a covered judgment or temporary order must pay the required fee before obtaining a hearing date and time.
Prior to obtaining a date and time from the court, any party seeking to enforce or modify a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Circuit Courts an Order to Show Cause or other appropriate Motion and pay such fee as required.
Page 22 | Rule 10 - Family Law Practice
No fee is required for facsimile transmissions of documents to the court.
1202 No fee requirement
Page 4 | Rule 12 - Facsimile Transmissions of Documents to the Court
Guardian ad litem fees must be billed at the SCR 81.02 rate or a rate the court finds reasonable, and the court will not order Sheboygan County to pay more than $100 per hour.
Guardian ad litem fees in all cases shall be billed at the rate of compensation established by SCR 81.02 or as determined reasonable by the court. Under no circumstances will the Court order Sheboygan County to pay compensation in excess of the $100 per hour rate established in SCR 81.02.
Page 20 | Rule 10: Family Law Practice
Custody and physical-placement mediation through family court counseling services costs $100 for services beyond the initial session.
The cost for custody and physical placement mediation provided by family court counseling services shall be $100.00 for services beyond the initial session.
Page 20 | Rule 10: Family Law Practice
A custody or physical-placement study costs $300.
The cost for a custody or physical placement study shall be $300.00.
Page 20 | Rule 10: Family Law Practice
The court or commissioner may order reimbursement of fees advanced by another party, considering the parties’ ability to pay, the action’s result, settlement conduct, and other equitable factors.
The court or court commissioner may also require a party to reimburse the other party for fees advanced by that party. Factors to be considered as to reimbursement are the relative ability of the parties to pay, the results of the action, the conduct of the parties with respect to attempts to obtain a settlement by other than resort to the judicial system, and other equitable factors which the court might consider.
Page 21 | Rule 10 - Family Law Practice
In all contested adoption proceedings the petitioners shall advance the sum of
In all contested adoption proceedings the petitioners shall advance the sum of
Page 22 | Rule 11 - Adoptions
A directly faxed document is accepted only if the circuit court does not have to pay an additional fee or charge to accept or receive it.
e. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 23 | Rule 12: Facsimile Transmissions
A facsimile sent through a non-court intermediary is accepted only if the circuit court does not have to pay an additional fee or charge to accept or receive it.
b. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 23 | Rule 12: Facsimile Transmissions
Fees for small claims forms may be paid through the Court System website or submitted with printed forms through the Clerk of Courts office.
The forms may be submitted and fees paid through the Court System website. In the alternative, the printed forms and fees may be submitted through the Clerk of Courts office.
Page 17 | Rule 8 - Small Claims Practice
No filing fee is required for a facsimile document transmitted through a non-court intermediary.
a. No filing fee is required.
Page 23 | Rule 12: Facsimile Transmissions
No filing fee is required for a facsimile document transmitted directly to the court.
d. No filing fee is required.
Page 23 | Rule 12: Facsimile Transmissions
Courtesy Copy Requirements
A copy of a supporting brief for a motion other than summary judgment must be filed with the assigned judge with the notice of motion or at least 10 days before the scheduled hearing.
If the movant desires to file a brief in support of a motion other than one tor summary judgment, the brief shall be served and filed with the Clerk of Circuit Courts; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the assigned judge with the notice of motion or at least 10 days prior to any scheduled hearing date.
Page 12 | Rule 6 - Civil Practice
Pre-Motion Conference Requirements
Unless the scheduling order provides otherwise, summary judgment motions and supporting papers are due at least 20 days before the hearing, and opposing papers are due at least five days before it.
Unless otherwise specified in the scheduling order, the motion along with a brief and other supporting documents shall be served and filed at least 20 days before the time fixed for the hearing, and the adverse party shall serve and file opposing affidavits, brief, and other supporting documents at least five days before the time fixed for hearing.
Page 12 | Rule 6 - Civil Practice
Motions to compel discovery or document production and motions for additional interrogatories must include a written statement describing sincere consultation efforts, the inability to reach accord, and the date, place, and participants.
All motions to compel discovery or production of documents pursuant to Chapter 804, Wis. Stats., or any motion to serve additional interrogatories pursuant to rule 1603 must be accompanied by a statement in writing by the movant that, after consultation or repeated attempts at consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation or attempted consultation and the names of all parties participating therein.
Page 27 | Rule 16 - Discovery
A party seeking additional interrogatories should promptly consult and attempt to stipulate in writing; if no stipulation is reached, the party may move for permission and must show necessity.
If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a proposed order permitting the propounding of additional interrogatories is agreed upon, it should promptly be served on all other parties and filed with the court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the court pursuant to rule 1604 for permission to serve additional interrogatories. The motion shall show the necessity for the relief requested.
Page 27 | Rule 16 - Discovery
Adjournment & Extension Requirements
Adjournment requests must be made in writing.
502 Requests in writing
Page 3 | Rule 5 - Adjournments
An adjournment must be to a date certain.
505 Date certain
Page 3 | Rule 5 - Adjournments
Adjournments are allowed only for good cause.
504 Good cause only
Page 3 | Rule 5 - Adjournments
Adjournment requests must be written, addressed to the assigned judge, served on opposing parties, and received at least 10 days before the hearing, unless the time limits are waived for good cause.
Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing. The time limits may be waived for good cause.
Page 11 | Rule 5 - Adjournments
Adjournments are granted only for good cause and are not a matter of right.
Adjournments are not a matter of right and will only be granted for good cause.
Page 11 | Rule 5 - Adjournments
Ex parte requests for adjournments are prohibited.
Ex parte requests for adjournments are prohibited by SCR §20:3.5, iCode of Professional Conduct for Attorneys.
Page 11 | Rule 5 - Adjournments
A stipulated trial continuance requires the named parties’ consent in writing or on the record and good cause; a contested request requires a motion, hearing, and good cause; every request requires court approval.
A stipulated request for continuance of the trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown. A contested request for continuance must be on motion and hearing and for good cause shown by the party. All requests for continuance are subject to the approval of the court.
Page 15 | Rule 7 - Criminal Law and Traffic Practice
Counsel must request a pretrial hearing adjournment as soon as aware of a conflict, and an adjournment requires court approval.
Any requests for adjournments for the pretrial hearing must be made as soon as counsel is aware of a conflict. No adjournments will be granted without court approval.
Page 21 | Rule 10 - Family Law Practice
Adjournment requests must be written and received at least 48 hours before the hearing.
1402 All requests for adjournments must be in writing and received not later than 48 hours prior to the hearing.
Page 25 | Rule 14 - Juvenile Procedure
Every adjournment must be to a specific date and may not be indefinite or day-to-day.
All adjournments shall be made to a date certain, and no adjournment shall be indefinite or day-to-day.
Page 11 | Rule 5 - Adjournments
Scheduling conflicts are resolved in favor of the first-scheduled hearing unless the presiding judges agree otherwise for good cause.
If necessary, scheduling conflicts will be resolved in favor of the first scheduled hearing, unless, for good cause, the presiding judges agree otherwise.
Page 11 | Rule 5 - Adjournments
Applicable civil or criminal procedure rules and specific local court rules control adjournment requests.
Where applicable, the Rules of Civil and Criminal Procedure and specific local court rules will control all requests for adjournments.
Page 12 | Rule 5 - Adjournments
Chambers Communication Rules
A defendant may not enter a not-guilty plea by telephone to the Clerk of Circuit Court.
The Clerk of Circuit Court shall accept no pleas of 'not guilty' by telephone.
Page 16 | Rule 7 - Criminal Law and Traffic Practice