Sheboygan County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

Applies to

Petition to withdraw counsel

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.

CRITICAL

Applies to

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.

CRITICAL

Applies to

Proposed jury instructions and special verdicts

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.

CRITICAL

Applies to

Alternative dispute resolution notice

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail

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.

CRITICAL

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.

CRITICAL

Applies to

Discovery document

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.

CRITICAL

Deadline

2 business days

Service

Personal service to opposing party

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

CRITICAL

Applies to

Opposition brief to motion in limine

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

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.

CRITICAL

Applies to

Pretrial order

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

CRITICAL

Deadline

3 business days

Service

Mail to opposing party

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.

CRITICAL

Applies to

Pretrial order required information

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.

CRITICAL

Applies to

Brief

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.

CRITICAL

Applies to

Answer and information form

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.

CRITICAL

Applies to

Motion in limine and supporting brief

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.

CRITICAL

Applies to

Jury view request

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.

CRITICAL

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.

WARNING

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.

WARNING

Service

Mail

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.

WARNING

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.

WARNING

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.

WARNING

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.