Sheboygan County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Enforcement or modification motion

Before obtaining a hearing date and time to enforce or modify a divorce judgment or temporary commissioner’s order, a party must file an Order to Show Cause or other appropriate motion and pay the required fee.

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.

CRITICAL

Applies to

Indigency fee waiver request

A party seeking an indigency-based waiver of costs and fees must complete the fee-waiver petition and indigency affidavit, except in felony and misdemeanor proceedings.

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.

CRITICAL

Applies to

Petition to withdraw counsel

Must include

proposed order

An order granting the request shall accompany the petition.

An order granting the request shall accompany the petition.

CRITICAL

Applies to

Pretrial order required information

Counsel must provide the information required by the pretrial order to the court and opposing counsel 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.

CRITICAL

Applies to

Family law hearing filings

The final stipulation and each party’s financial disclosure statement must be filed with the Family Court Commissioner before the hearing.

The final stipulation and each party's financial disclosure statement shall be filed with the Family Court Commissioner prior to the hearing date.

CRITICAL

The results of every pre-trial conference must be reported to the assigned judge.

The results of all pre-trial conferences shall be reported to the assigned judge.

CRITICAL

Applies to

Objection to document form or content

Objections to a submitted document’s form or content must be made in a writing filed with the court.

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.

CRITICAL

Applies to

Financial disclosure statement

In all family actions, each party must file the statutorily required financial disclosure statement using form FA-4139 or a form with at least as much information.

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.

CRITICAL

Applies to

Letter

A letter submitting a not-guilty plea must show the defendant’s return address.

The letter must show the defendant's return address.

CRITICAL

Applies to

Admission questionnaire

An admission questionnaire must be completed before any guilty plea is accepted.

1405 An admission questionnaire must be completed prior to the acceptance of any guilty pleas.

CRITICAL

Applies to

Adjournment request

A law enforcement adjournment request must include the prosecuting attorney's written approval and be served on opposing counsel or unrepresented parties when 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.

CRITICAL

Applies to

Written waiver of appearance

For non-felony pre-trial conferences, the defense attorney must have a written waiver of appearance and authorization to enter a binding plea agreement.

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.

CRITICAL

Applies to

Plea questionnaire

A completed Plea Questionnaire must be filed before the court proceeds to a plea hearing.

No court will proceed to a plea hearing until a completed "Plea Questionnaire" has been filed.

CRITICAL

Applies to

Discovery motion

Covered discovery motions must include a written statement certifying the consultation efforts and identifying when, where, and with whom they occurred.

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.

CRITICAL

Applies to

Default mortgage foreclosure

A default mortgage foreclosure requires an open-court hearing by affidavit or testimony, with due notice to all defendants 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.

CRITICAL

Applies to

Notice of hearing

After proof of filing and fee payment, the court provides the hearing date and time, which must appear in the hearing notice served on the opposing party within the statutory or local-rule time.

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.

CRITICAL

Applies to

Alternative dispute resolution notice

The parties or their attorneys must notify the Court and opposing counsel in writing whether they wish to attempt alternative dispute resolution.

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.

CRITICAL

Applies to

Small claims filing

Form SC-500 is required for filing in small claims practice.

801 Form SC-500 for filing

CRITICAL

Applies to

Parenting plan or custody placement stipulation

In family cases involving minor children and in all paternity cases, a statutory Parenting Plan or a written stipulation resolving custody and placement issues must be filed at least 10 days before the pretrial conference.

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

CRITICAL

Applies to

Affidavit of nonmilitary service

The Affidavit of Nonmilitary Service must be filed, and no default judgment may be entered without it.

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.

CRITICAL

Applies to

Motion to close public proceedings

A motion to close public proceedings requires written notice to the court and media coordinator, subject to the good-cause exception.

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.

CRITICAL

Applies to

Written answer

Defendants in small claims actions must submit or file a written answer, with the procedure differing for eviction and other actions.

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.

CRITICAL

Applies to

Facsimile transmission exceeding 15 pages

For a fax transmission exceeding 15 pages, the filing party must certify that the assigned judge or court commissioner approved it.

If the transmission exceeds fifteen (15) pages, the filing party shall certify that the assigned judge or court commissioner has approved the facsimile transmission.

CRITICAL

Applies to

Temporary hearing

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.

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.

CRITICAL

Applies to

Court paper

Must include

caption, case number

Court papers must state the assigned case number and designate the assigned circuit court branch in the caption.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Petition for waiver of fees costs

A petition for waiver of fees and costs, with an affidavit of indigency and order, must use mandatory court form CV-410.

Petition for Waiver of Fees/ Costs and Affidavit of Indigency and Order (Mandatory court form CV-410)

CRITICAL

Applies to

Petition to remove judgment

A discharged bankruptcy judgment may be removed from the docket only upon a petition with a certified discharge, the relevant Schedule F, and an order signed by the Intake or another judge.

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.

CRITICAL

Applies to

Small claims action

Small claims actions filed in Sheboygan County must use Form SC-500.

All small claims actions filed in Sheboygan County shall be submitted on Form SC-500.

CRITICAL

Applies to

Stipulation

Stipulations seeking an order to suspend divorce proceedings for reconciliation must be submitted on form FA-4144 Pro Se.

All stipulations for order to suspend proceedings to effect reconciliation in a divorce action shall be submitted on form FA-4144 Pro Se.

CRITICAL

Applies to

Plea agreement

Except in felony cases, a plea agreement may be reduced to a written stipulation at the conference’s conclusion; if it is, file it with the assigned judge along with a completed Plea Questionnaire and Notice of Appeal Rights.

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."

CRITICAL

Applies to

Divorce hearing filings

Findings of fact, conclusions of law, and the divorce judgment must be filed at the start of the hearing, or the hearing will be canceled.

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.

CRITICAL

Applies to

Document submitted for signature

Submitting counsel must include a form or postcard for notification of signing.

Notification of signing will be made upon a form or postcard to be included by submitting counsel.

CRITICAL

Applies to

Notice of motion

The notice must state that the defendant must request a hearing in writing within 10 days of the notice or default judgment will be entered.

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.

CRITICAL

Applies to

Proposed jury instructions and special verdicts

Proposed jury instructions and special verdicts must be filed with the Court and opposing counsel 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.

CRITICAL

Applies to

Proof of service and non military service

Any required proof of personal service or publication and proof of Non-Military Service must be filed by noon on the Friday before the 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.

CRITICAL

Applies to

Stipulation to amend or modify order

A stipulation to amend or modify the scheduling order must be in writing and approved by the Court.

Any stipulation to amend or modify this order shall be made in writing and must be approved by the Court.

CRITICAL

Applies to

Summary judgment motion

A moving party that does not wish to file a brief or other supporting documents must file a statement waiving that right with the motion.

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.

WARNING

Applies to

Court form

Where appropriate, filers must use only approved forms.

Where appropriate, only approved forms shall be used.

WARNING

Applies to

Court document

The Clerk of Circuit Courts and Register in Probate must refuse noncompliant documents for filing.

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.

WARNING

Applies to

Proposed order

If the parties agree on a proposed order allowing additional interrogatories, 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.

WARNING

Applies to

Request for production response or objection

A response or objection to a request for production of documents must reproduce the request it addresses.

A response or an objection to a request for production of documents shall reproduce the request to which it refers.

WARNING

Applies to

Objection to document form or content

Failure to file written objections waives them, and the submitted document will be deemed signed unless objections are filed.

Failure to file written objections shall be deemed a waiver of objections. The document will be deemed signed unless objections have been filed.

WARNING

Applies to

Default judgment application

After the time to request a hearing expires, the plaintiff may apply for default judgment by affidavit of the notice to the defendant.

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.

WARNING

Applies to

Interrogatory answer or objection

An interrogatory answer or objection must reproduce the interrogatory it addresses.

An objection or an answer to an interrogatory shall reproduce the interrogatory to which it refers.

WARNING

Applies to

Request for admission response or objection

A response or objection to a request for admission must reproduce the request it addresses.

A response or an objection to a request for admission shall reproduce the request to which it refers.

INFO

Applies to

Pleading

Pleadings should be addressed to the Clerk of Circuit Courts for filing.

All pleadings should be addressed to the Clerk of Circuit Courts for filing.