St. Croix County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Guardian reimbursement petition

Unless the court previously ordered reimbursement, the guardian must petition for reimbursement of expenses or guardian fees.

807.02.3 Unless previously ordered by the court, the guardian must petition the court for reimbursement of expenses and/or guardian fees.

CRITICAL

Applies to

Moving papers

The moving papers must be signed by the petitioner, and the signature must be notarized.

The clerk of court shall ensure that the petitioner has signed the moving papers and that the signature is notarized.

CRITICAL

Applies to

Estate closing extension request

Must include

proposed order

An estate-closing extension request must include a petition explaining the reasons and a proposed order.

805.11 Extensions of time to closing estates: when an estate cannot be closed within the required time limits, a petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court. A proposed order shall also be submitted.

CRITICAL

Applies to

Estate closing

Before an estate closes, file a Wisconsin fiduciary closing certificate and, when applicable, a federal estate tax closing letter.

805.09 Tax clearances: a Wisconsin closing certificate for fiduciaries shall be filed and a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate.

CRITICAL

Applies to

Objection to will

805.06 Objection to Will filed: an objection to a Will filed must be in writing and filed with the probate court together with the statutory filing fee.

805.06 Objection to Will filed: an objection to a Will filed must be in writing and filed with the probate court together with the statutory filing fee.

CRITICAL

Applies to

Custody intake referral form

The referring agency must complete the custody intake referral form before notifying intake.

The referral agency shall be required to complete the custody intake referral form before intake is notified.

CRITICAL

Applies to

Name change proceeding

The affidavit of publication must be filed with the clerk before the name-change hearing.

An affidavit of publication must be filed with the clerk of court prior to the name change hearing.

CRITICAL

Applies to

Proposed findings conclusions

In a mortgage foreclosure action, the plaintiff must include the specific property description in the proposed findings, conclusions, and judgment submitted with its motion for default judgment.

In mortgage foreclosure actions, a hearing is generally required and the plaintiff shall include with its motion for default judgment the specific property description in the proposed findings of fact, conclusions of law and judgment submitted for the court's signature.

CRITICAL

Applies to

Final judgment

A final judgment must include a provision addressing payment of GAL fees and costs, including a definite payment date for any remaining fees.

No final judgment will be granted by the court without a provision regarding payment of the GAL fees and costs, including date certain for payment of remaining fees.

CRITICAL

If an installment plan is approved, the defendant must provide a current address, telephone number, and Social Security number to the court.

If such a payment plan is approved, the defendant shall provide the court with a current address, telephone number, and social security number, which will then be sealed in the court file.

CRITICAL

Applies to

Earnings garnishment form

The creditor must complete the earnings garnishment form.

907.03 The creditor must complete the earnings garnishment form and within sixty (60) days after filing notice, the creditor shall serve one of the two (2) earnings garnishment forms upon the debtor and one upon the garnishee defendant.

CRITICAL

Applies to

Earnings garnishment notice

A creditor commencing an earnings garnishment action must file an Earnings Garnishment Notice.

907.01 Commencement of Earnings Garnishment. To commence a garnishment action, a creditor must file an “Earnings Garnishment Notice” and pay the required filing fee

CRITICAL

Applies to

Pleadings and motions

After the petition is granted, the active Wisconsin State Bar member must review all papers filed with the court, and both lawyers must sign all pleadings and motions.

The active member of the Wisconsin State Bar shall review all pleadings, motions and other papers to be filed with the Circuit Court. Both the non-resident lawyer and the active member of the Wisconsin State Bar shall sign all pleadings and motions.

CRITICAL

Applies to

Temporary guardianship extension

If an extension of a temporary guardianship is requested, file a Petition to Extend Temporary Guardianship and an Order on that Petition.

807.01.2 A Petition to Extend Temporary Guardianship and Order on Petition to Extend Temporary Guardianship shall be filed if an extension of the temporary guardianship is requested.

CRITICAL

Applies to

Conservatorship inventory

The conservatorship inventory must be filed with the court.

807.04.1 The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

CRITICAL

Applies to

Financial disclosure statement

Both parties must file a financial disclosure statement with the family court commissioner, and with the county Child Support Agency if public assistance is involved, by the temporary-order hearing or before entry of a temporary order based on a written stipulation.

A financial disclosure statement must be filed by both parties with the family court commissioner and with the St. Croix County Child Support Agency if public assistance is involved, before or at the time of the hearing on the temporary order or prior to the entry of any temporary order based upon a written stipulation.

CRITICAL

Applies to

Written notice

Must include

proposed order

For a deferred prosecution agreement involving a Youth Village placement, intake must give written notice of the agreement or its extension to the judge or commissioner and submit a proposed order requiring compliance.

Any deferred prosecution agreement that includes placement in a Youth Village as described in § 118.42, intake shall provide written notice of that agreement or extension of that agreement to the circuit judge or juvenile court commissioner along with a proposed order for the court official to sign requiring compliance with that agreement.

CRITICAL

Applies to

Default judgment motion

In mortgage foreclosure actions, the plaintiff must include the specific property description in the proposed findings of fact and conclusions of law submitted with its default-judgment motion.

In mortgage foreclosure actions, a hearing is generally required and the plaintiff shall include with its motion for default judgment the specific property description in the proposed findings of fact, conclusions of law

CRITICAL

Applies to

Stipulation

A final stipulation submitted for court approval must include a provision for payment of remaining GAL fees.

Any final stipulation submitted by the parties for approval of the court must contain a provision regarding payment of remaining GAL fees.

CRITICAL

Applies to

Trust termination

All prior-year annual accountings and the final account must be on file when the trust terminates.

806.03.1 At the time of the termination of the trust, all annual accountings for prior years and the final account must be on file with the court.

CRITICAL

Applies to

Trust receipt

Trust beneficiaries must file a Trust Receipt for assets received from the trustee.

806.03.3 The trust beneficiary(ies) shall file a Trust Receipt for assets received from the Trustee.

CRITICAL

Applies to

Consolidation order

If a consolidation motion is granted, the cases are assigned to the judge handling the earliest-filed case, and the order must provide signature lines for all judges in the cases being considered.

If the motion is granted, the cases shall be assigned to the judge with the earliest filed case and the order shall offer signature lines for all judges in all cases being considered.

CRITICAL

Applies to

Withdrawal motion

Before withdrawing as counsel of record, an attorney must file a written motion, schedule a hearing, and give notice to the court and all opposing parties.

An attorney who intends to withdraw as counsel of record shall first file a written motion and schedule the matter for hearing with notice to the court and all opposing parties.

CRITICAL

Applies to

Name change petition

The petitioner must complete the name-change petition, or the parents must complete it if the petitioner is under 14; both parents must agree unless a parent’s rights have been terminated.

A petition for name change must be filled out by the petitioner or the parents if the petitioner is a child who is under the age of fourteen (14). Both parents must agree to the petition unless a parent’s rights have been terminated.

CRITICAL

Applies to

Trust closing

File a Wisconsin closing certificate for fiduciaries before the trust is closed and the trustee discharged.

806.03.4 A Wisconsin closing certificate for fiduciaries must be filed with the court before a trust may be closed and the trustee discharged.

CRITICAL

Applies to

Motion

Motions must be in writing and state with particularity their grounds and the order or relief sought.

Motions must be in writing and shall state with particularity the grounds thereof and the order or relief sought pursuant to Wis. Stat. § 971.30(2).

CRITICAL

Applies to

Order for change of name

One copy of the order must be recorded with the St. Croix County Register of Deeds.

One copy shall be recorded with the St. Croix County Register of Deeds.

CRITICAL

Applies to

Petition

An unlicensed non-resident lawyer seeking to appear in an action in the district must submit a written petition to the Circuit Court.

A non-resident lawyer who is not licensed to practice law in the State of Wisconsin and wishes to appear in any action in any Circuit Court within the Tenth Judicial Administrative District must petition the Circuit Court in writing.

CRITICAL

Applies to

Estate closing

To close an estate, file signed receipts and documentation that residual beneficiaries or heirs were advised of the personal representative and attorney fees.

805.10 Closing estates: signed receipts from heirs or beneficiaries and documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the court.

CRITICAL

Applies to

Notice of retainer or order appointing counsel

An attorney representing a party must file a notice of retainer or order appointing counsel with the clerk of court.

An attorney who represents a party shall file with the clerk of court a notice of retainer or order appointing counsel as soon as practicable.

CRITICAL

Applies to

Counsel reimbursement statement

When the court appoints criminal defense counsel at county expense outside the State Public Defender’s Office, the defendant must sign a reimbursement acknowledgment when appointed.

When the court appoints criminal defense counsel at county expense (not an appointment by the State Public Defender’s Office), at the time the appointment is made the defendant will be required to sign a statement acknowledging that he or she will reimburse the county for all or part of the counsel fees through a wage assignment or other means.

CRITICAL

Applies to

Trust termination petition

The trustee must petition the court to terminate the trust.

806.03.2 The trustee shall petition the court to terminate the trust.

CRITICAL

Applies to

Probable cause request

If cash bail cannot be posted and the accused is arrested on a weekend when necessary, a 48-hour probable-cause request must be submitted to a judicial officer.

In the event cash bail cannot be posted, the accused shall be held for an initial appearance on the next calendar date or if arrested on a weekend and necessary, a 48 hour probable cause request shall be submitted to a judicial officer for consideration and determination.

CRITICAL

Applies to

Order for payment

The GAL must copy all counsel and parties on a payment order and state that the court will sign it as submitted unless an objection is received within five days.

When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the court shall sign the order for payment as submitted by the GAL.

CRITICAL

Applies to

Record of decision

In the specified certiorari actions, the respondent department, committee, or board must arrange for the record of decision to be transmitted to the clerk.

Pursuant to Wis. Stat. § 781.03, in an action for certiorari review of a decision made by a St. Croix County department, committee or board, the respondent department, committee or board shall cause the record of decision to be transmitted to the clerk of court.

CRITICAL

Applies to

Discovery motion

A motion to compel discovery must include a written statement describing the unsuccessful consultation and attempts to resolve the dispute, including the date, place, and names of all participants.

All motions to compel discovery pursuant to Wis. Stat. § 804 must be accompanied by a statement in writing by the movant that after consultation with the opposing party and sincere attempts to resolve their differences the parties are unable to reach an accord. Such statement shall recite the date, place and name of all parties participating in such discussions.

CRITICAL

Applies to

Estate inventory

An estate inventory must be filed with the probate court.

805.08 Inventory: estate inventory shall be filed no later than 4 6 months after the issuance of letters together with the statutory filing fee.

CRITICAL

Applies to

Facsimile transmission

A facsimile transmission exceeding 15 pages requires certification that the assigned judge or court commissioner approved it.

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

CRITICAL

Applies to

More detailed statement of the case

In conjunction with a trial date, parties must file a more detailed statement of the case with the clerk of court.

In conjunction with a trial date, parties must file with the clerk of court a more detailed statement of the case.

CRITICAL

Applies to

Notice of motion for default judgment

The notice must state that the defendant may request a hearing in writing within 15 days, after which a default judgment may be entered if no request is made.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a report before the hearing.

807.02.1 Guardian ad litem: the Court shall appoint a guardian ad litem for the proposed ward; the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

Applies to

Sealed material

The exterior of sealed materials must state “Sealed: not to be opened except upon express order of the court,” and must not refer to the contents as expunged materials.

c. The exterior of the sealed material shall simply state "Sealed: not to be opened except upon express order of the court." No reference shall be made that the contents are "expunged" materials.

CRITICAL

Applies to

Guardianship inventory

The guardianship inventory must be filed with the court in a minor guardianship.

807.03.2 The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate

CRITICAL

Applies to

Summary judgment motion

Summary judgment motions must be accompanied by legal briefs, affidavits, and a notice of briefing schedule.

Motions shall be accompanied by: legal briefs; affidavits; and a notice of briefing schedule.

CRITICAL

Applies to

Trust inventory

The trust inventory must be filed before the estate is closed.

806.01 Inventory: the trust inventory shall be filed before the estate will be closed.

CRITICAL

Applies to

Will

A decedent’s will that will not be subject to probate must be filed with an accompanying affidavit.

Wills of a decedent which will not be subject to probate proceeding shall be filed and shall be accompanied by an affidavit.

CRITICAL

Applies to

Protective placement petition

A competency evaluation must be completed and filed with every protective placement petition.

Competency evaluation must be completed and filed with the court on all protective placement petitions.

CRITICAL

Applies to

Guardianship inventory

The guardianship inventory must be filed with the court.

807.02.2 The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

CRITICAL

Applies to

Summary settlement or summary assignment opening papers

Summary Settlement and Summary Assignment petitions must include Proof of Heirship with all opening papers.

Proof of Heirship must be filed with all opening papers for Summary Settlement and Summary Assignment petitions.

CRITICAL

Applies to

Motion or order to show cause

Every motion or order to show cause to set or modify support, family support, or maintenance must require both parties to submit completed financial disclosure statements or budgets and income verification for the two months before the hearing.

Every motion or order to show cause to set or modify support, family support, or maintenance, shall contain language which requires both parties to submit to the court at the scheduled hearing completed financial disclosure statements/budgets and verification of income for two (2) months prior to the hearing date.