St. Croix County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

After the order is signed, intake must provide written copies of the agreement and order to the juvenile, the parent or custodian, the service agency, and the juvenile court clerk.

Upon signing of the order, intake shall provide written copies of the agreement and order to: the juvenile; the parent, guardian, or legal custodian; the agency providing services under the agreement; and, the juvenile court clerk.

CRITICAL

The agency must transmit the court report to involved attorneys and directly to parents who are not represented by counsel.

The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

CRITICAL

Applies to

Communication to court

The agency must send all parties entitled to notice a copy of its communication to the court, whether a petition or letter.

The agency shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

CRITICAL

Deadline

48 hours

Applies to

Petition or motion to set aside judgment

Service

Mail

In eviction and replevin actions, serve a petition or motion to set aside judgment by mail with a certificate or affidavit of mailing at least 48 hours before the hearing.

In evictions and replevin actions, the Petition/Motion to set aside judgment shall be served by mail with certificate of mailing or affidavit of mailing not later than 48 hours before the time specified for the hearing.

CRITICAL

If the post office returns the summons to the Clerk of Court’s Office, the plaintiff must serve the defendant personally, by substituted service, or by publication.

If a summons is returned to the Clerk of Court’s Office by the post office, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication.

CRITICAL

Deadline

7 business days

The debtor must be served within 7 business days after service on the garnishee and at least 3 business days before the first affected payday.

907.05 Service on the Debtor. Service on the debtor shall be made within seven (7) business days after the date of service on the garnishee and at least three (3) business days before the payday of the first pay period affected by the garnishment.

CRITICAL

Applies to

Notice of hearing

Service

Publication

A copy of the notice of hearing must be published in the local newspaper or official county newspaper for three weeks.

A copy of the notice of hearing must be published with the local newspaper or in the official county newspaper for three (3) weeks.

CRITICAL

The GAL must copy all counsel and parties when drafting an order for payment.

When drafting an order for payment, the GAL shall copy all counsel and parties

CRITICAL

The party requesting a telephone motion must notify all parties, initiate the call, and connect all parties who wish to appear by telephone.

The party requesting the telephone motion is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by telephone.

CRITICAL

An attorney withdrawing as counsel of record must give notice of the scheduled hearing to 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

Service

Mail to opposing party

The judgment debtor must mail the financial disclosure statement directly to the judgment creditor within 15 days after judgment is filed, unless the judgment is paid within that period.

He or she must mail it directly to the judgment creditor within fifteen (15) days after the judgment is filed in court, unless within that time the judgment is paid.

CRITICAL

Applies to

Contempt petition and hearing order

Service

Personal service to opposing party

The contempt petition and hearing order must be personally served if the moving party seeks a bench warrant or other sanction for the debtor’s nonappearance.

The Petition and Order for Hearing of Contempt on the failure to file a financial disclosure statement must be served personally if the moving party wants to request a bench warrant or other sanction for the judgment debtor’s nonappearance.

CRITICAL

Eviction actions require personal or substituted service.

Eviction actions require personal or substituted service.

CRITICAL

Applies to

Debtor answer

The debtor must complete the answer form and deliver or mail it to the garnishee.

907.06 Debtor’s Answer. The debtor must complete the form and deliver or mail it to the garnishee.

CRITICAL

Applies to

Earnings garnishment form

The debtor must also be served with an exemption notice, answer form, exemption worksheet, and poverty guidelines along with the earnings garnishment form.

Along with the earnings garnishment form, the debtor must also be served with an exemption notice, an answer form, an exemption worksheet, and poverty guidelines.

CRITICAL

Service

Personal service

Replevin actions must be commenced by personal service.

Replevin actions must be commenced by personal service.

CRITICAL

Applies to

More detailed statement of the case

A copy of the more detailed statement must be sent to all opposing parties.

A copy of this statement must also be sent to all opposing parties.

CRITICAL

Applies to

Notice of motion for default judgment

Service

Mail to opposing party

When the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant at the last known address.

In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to the defendant by regular mail at the defendant's last known address.

CRITICAL

If a parent misses the custody hearing and the address is known, the clerk must send that parent form JD-1716 immediately at the hearing’s conclusion.

If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the nonattending parent if the address is known immediately at the conclusion of the hearing.

CRITICAL

Applies to

Earnings garnishment form

Within 60 days after filing the notice, the creditor must serve one earnings garnishment form on the debtor and one on the garnishee defendant.

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

Default judgment notice

The required default-judgment notice may be provided by an affidavit of mailing or a cover letter showing that the defendant was copied on the default papers filed with the court.

Notice may be accomplished by either an affidavit of mailing or cover letter showing that the defendant was copied on the default papers filed with the court.

CRITICAL

A plaintiff may not serve a defendant with the summons and complaint by first-class or certified mail at the defendant’s workplace, but may serve the party personally there.

The plaintiff may not serve the summons and complaint on a defendant by first class mail or certified mail at his or her workplace. This exception does not apply to personal service on a party at his or her workplace.

CRITICAL

Applies to

Notice of pending foreclosure action

In a foreclosure action, the plaintiff must determine who occupies the property and give occupants notice of the pending foreclosure if they are not the defendant borrowers.

In foreclosure actions, the plaintiff(s) shall determine whether and by whom the subject real estate is occupied. If the subject real estate is occupied by persons other than the defendant borrower(s), the plaintiff(s) shall give notice of the pending action to foreclosure to the occupants.

WARNING

Service

Mail

For construction liens, certified mail satisfies the registered-mail requirement if a sender’s receipt is obtained and return receipt is requested.

construction liens, the statutory requirement of registered mail is met by certified mail if a sender’s receipt is obtained from the postal authorities and return receipt is requested.

WARNING

When personal and substituted service fail in an eviction action, the procedure is to adjourn the return date, post, and mail.

Where personal and substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.

WARNING

Applies to

Motion papers

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.

WARNING

In money-judgment suits, a summons may be served personally, by substituted service, or—within St. Croix County—by mail sent by the county Clerk of Court.

In suits for money judgments, service of summons may be by personal service, substituted service or, if within St. Croix County, by mail sent by the St. Croix County Clerk of Court.

WARNING

The garnishee may be served by first-class mail, certified mail with return receipt requested, permissible summons-service methods other than publication, or another method if the garnishee signs an admission of service.

907.04 Service on the Garnishee. Methods of service on the garnishee defendant include: (1) first class mail; (2) certified mail, return receipt requested; (3) any means permissible for the service of a summons in a civil action, other than by publication; and (4) other means if the garnishee defendant signs an admission of service.

WARNING

Applies to

Motion response

The opposing party should serve and file a written response at least five (5) days before the hearing.

The opposing party should serve and file a written response at least five (5) days before the hearing.

WARNING

The debtor may be served by first-class mail, certified mail with return receipt requested, or any permissible summons-service method other than publication.

Methods of service on the debtor include: (1) first class mail; (2) certified mail, return receipt requested; (3) any means permissible for the service of a summons in a civil action, other than by publication.

WARNING

Service

Publication

If personal, substituted, or mail service has failed, the plaintiff may ask the Court on the return date for permission to serve by publication to establish personal or in rem jurisdiction.

Where personal, substituted, or mail service has failed, the plaintiff may request permission of the Court on the return date for publication to establish personal or in rem jurisdiction.

WARNING

Applies to

Debtor answer

The garnishee must send a copy of the debtor’s answer to the creditor.

It is the garnishee’s duty to send a copy of the answer to the creditor.

INFO

Applies to

Debtor answer

The answer may be sent to the garnishee or amended at any time during the effective garnishment period.

The answer can be sent to the garnishee or amended at any time during the effective period of earnings garnishment.