Trempealeau County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements13 rules
Such factual propositions shall be set forth in numbered paragraphs, the contents of each of which shall be limited as far as practicable to the statement of a single factual proposition.
Each numbered factual paragraph must end with one or more supporting record references.
Court's wording
At the close of each numbered paragraph shall be set forth one or more references to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS [Footnote 2] supporting movant's contention there is no genuine issue a to that factual proposition.
The movant's factual propositions must be limited to those the movant considers necessary for judgment in its favor and undisputed.
Court's wording
Whether a movant elects a stipulation or a statement of proposed findings, or both, it is movant's obligation to present no more and no less than the set of factual propositions which movant considers necessary to judgment in movant's favor, and as to which movant considers there is no genuine issue.
Record citations must identify the numbered paragraph of a pleading, the witness and transcript page for a deposition, or the interrogatory number and directed party for an interrogatory answer.
Court's wording
References to the record shall include: a. In the case of a pleading, the numbered paragraph of that pleading; b. In the case of a deposition transcript, the name of the witness and the page of the transcript; c. In the case of an answer to an interrogatory, the number of that interrogatory and the identity of the party to whom it was directed;
A. The motion itself, together with such materials permitted by Wis. Stat. § 802.08 as the movant may elect to serve and file; and B. Either a stipulation of facts between or among all the parties to the action, or a statement of the findings of fact proposed by movant, or a combination thereof.
For each disputed paragraph or part, the response must cite supporting pleadings, deposition transcripts, interrogatory answers, admissions on file, or compliant affidavits, using the specified record-citation detail.
Court's wording
With respect to any paragraph or part of a paragraph of the movant's proposed findings of facts as to which it is contended that a genuine issue exists, the response shall refer to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSION on file, or AFFIDAVITS complying with sec. 802.08 Stats., which respondent believes give rise to said genuine issue. 3. The said references to the record shall be made with that specificity required by I.(B.)(4.), above.
C. A statement of the conclusions of law proposed by movant, in numbered paragraphs;
For each proposed-finding paragraph, the response must state whether a genuine issue exists as to all or part of the proposition and precisely identify any disputed part.
Court's wording
With respect to each numbered paragraph of the movant's proposed findings of fact, the said response shall state clearly whether there is a genuine issue as to the whole or a part of the said factual proposition; if it is contended that there is a genuine issue only as to a part of the said factual proposition, the response shall identify precisely the said part of the numbered paragraph.
Citations to admissions must identify the requested admission and directed party, or identify the form and location of another admission; admissions made solely for the motion must be designated as such.
Court's wording
d. In the case of an admission in response to, or resulting from a failure to respond to, a request for admission made pursuant to sec. 804.11, Wis. Stats., the number of the requested admission and the identity of the party to whom it was directed; e. In the case of an admission on file which is not in response to, or resulting from a failure to respond to, a request for admission made pursuant to sec. 804.11 Wis. Stats., the form such admission takes and the page or paragraph of the document in which that admission is made. Admissions made solely for the purpose of the motion for summary judgment should be so designated.
The answer must be written and use forms provided by the Clerk of Courts Office.
Court's wording
If the defendant has appeared at the return date and the matter is not resolved through mediation, the defendant shall within 10 calendar days file a written answer on forms provided by the Clerk of Courts Office.
If defendant desires to assert a counterclaim, such counterclaim must be in writing and must be filed and served along with the answer filed within 10 calendar days from return date.
- Counterclaim
Formatting
- •The counterclaim must be in writing
Plaintiff must reply to defendant’s counterclaim in writing and file and serve such reply within 10 calendar days from the filing of the counterclaim.
If the opposing party relies on undisputed material facts omitted by the movant, it may present those facts by stipulation, its own proposed findings, or both.
Court's wording
If an opposing party believes the motion for summary judgment must fail because of material facts not stated by the movant and as to which it is considered there is no genuine issue, the said opposing party may present such other factual propositions either by means of: a. A stipulation of facts between or among all of the parties to the action; or b. A statement of the findings of fact proposed by said opposing party; or c. A combination of "a" and "b".
Document Filing Requirements3 rules
Within the 60 days established in (1) above, parents with one or more minor children shall file with the Court a copy of the “Certificate of Completion.”
B. A response to the movant's statement of proposed findings of fact.
A. Such materials permitted by Sec. 802.08 Stats, which said party may elect to serve and file in opposition to said motion.
Filing & Service rules
Filing Timing and Cure Windows
If the defendant appeared at the return date and mediation did not resolve the matter, the defendant must file an answer within 10 calendar days.
If the defendant has appeared at the return date and the matter is not resolved through mediation, the defendant shall within 10 calendar days file a written answer on forms provided by the Clerk of Courts Office.
Page 1 | Rule 3. Small Claims Procedures
A party who attended the commissioner’s hearing may move for de novo review within 15 consecutive days after the oral decision, or after mailing of the written decision if no oral order was given; stipulated and default findings and orders are excluded.
Pursuant to Wis. Stat. § 757.69(8), any party who was present at a hearing held by the family court commissioner has the right to have the circuit court judge hold a new hearing upon the filing of a motion within 15 days of the oral decision of the family court commissioner, or within 15 days of mailing of the written decision if the order was not orally given by the family court commissioner at the time of the hearing. Findings and orders entered by the family court commissioner by stipulation or entered by default are not subject to de novo review. Fifteen (15) days shall be counted consecutively and include weekends and holidays pursuant to Wis. Stat. 801.15(1).
Page 2 | Rule 4. Family Law Practice, III
A counterclaim must be filed with the answer within 10 calendar days from the return date; a counterclaim not properly filed is barred.
If defendant desires to assert a counterclaim, such counterclaim must be in writing and must be filed and served along with the answer filed within 10 calendar days from return date. Any counterclaims not properly filed or served shall be barred.
Page 2 | Rule 3. Small Claims Procedures
An order based on the family court commissioner’s decision must be on file before the de novo hearing.
Any order based on the decision of the family court commissioner must be on file prior to the de novo hearing.
Page 2 | Rule 4. Family Law Practice, III
The plaintiff must file a reply within 10 calendar days after the counterclaim is filed; failure to do so is deemed a default and may result in judgment for the counterclaimant.
Plaintiff must reply to defendant’s counterclaim in writing and file and serve such reply within 10 calendar days from the filing of the counterclaim. Failure to file the reply to the counterclaim within such time shall be deemed a default and judgment may be entered in favor of the defendant/counterclaimant, at the discretion of the court commissioner/judge.
Page 2 | Rule 3. Small Claims Procedures
Parents with minor children must file the Certificate of Completion within the 60-day period established for course completion.
Within the 60 days established in (1) above, parents with one or more minor children shall file with the Court a copy of the “Certificate of Completion.”
Page 2 | Rule 4. Family Law Practice, I
A jury-trial request and jury fee must be filed with the Clerk of Court no later than 10 days after the initial appearance.
Requests for a jury trial shall be filed, along with the payment of the jury fee, with Clerk of Court, no later than 10 days from the initial appearance.
Page 3 | Rule 5. Forfeiture Cases
A party opposing summary judgment must serve and file its opposition materials by the date specified in the Court's schedule.
On or before the date specified in the schedule issued by the Court, any party who elects to oppose the motion for summary judgment shall serve and file the following:
Page 4 | Rule 6. Procedures on Motion for Summary Judgment
Service and Proof of Service Rules
When filing the original answer with the Clerk of Courts Office, the defendant must simultaneously serve a copy on the plaintiff by first-class mail or hand delivery.
Upon filing the original answer in the Clerk of Courts Office, the defendant shall at the same time serve (by first-class mail or hand delivery) a copy upon the plaintiff.
Page 1 | Rule 3. Small Claims Procedures
The plaintiff must serve the reply to the counterclaim within 10 calendar days from the counterclaim’s filing.
Plaintiff must reply to defendant’s counterclaim in writing and file and serve such reply within 10 calendar days from the filing of the counterclaim.
Page 2 | Rule 3. Small Claims Procedures
A counterclaim must be served along with the answer, and a counterclaim not properly filed or served is barred.
If defendant desires to assert a counterclaim, such counterclaim must be in writing and must be filed and served along with the answer filed within 10 calendar days from return date. Any counterclaims not properly filed or served shall be barred.
Page 2 | Rule 3. Small Claims Procedures
The party requesting de novo review must give written notice of the hearing’s time and date to all interested parties, including the guardian ad litem, family court commissioner, and child support agency.
The party requesting the de novo review must notify in writing all interested parties, including the guardian ad litem, the family court commissioner, and the child support agency of the time and date for the hearing.
Page 2 | Rule 4. Family Law Practice, III
The required response must be served together with the summary-judgment opposition brief.
D. The response in the form required by III., above, shall be served and filed together with a brief in opposition to the motion for summary judgment.
Page 5 | Rule 6. Procedures on Motion for Summary Judgment
Service of small claims pleadings by mail is allowed.
Mail service of small claims pleadings has long been an accepted and approved procedure in Trempealeau County. This will affirm the procedures as provided by small claims statutory authority and specifically allow service by mail pursuant to Wis. Stat. § 799.12(2) & (3).
Page 2 | Rule 3. Small Claims Procedures
Filing Fees and Waivers
The jury-trial request must be filed with payment of the jury fee.
Requests for a jury trial shall be filed, along with the payment of the jury fee, with Clerk of Court, no later than 10 days from the initial appearance.
Page 3 | Rule 5. Forfeiture Cases
Filing Bundling Requirements
The summary-judgment motion, in the required form, must be served and filed together with a supporting brief.
A motion for summary judgment in the form required by I., above, shall be served and filed together with a supporting brief.
Page 4 | Rule 6. Procedures on Motion for Summary Judgment
The required response must be served and filed together with the summary-judgment opposition brief.
D. The response in the form required by III., above, shall be served and filed together with a brief in opposition to the motion for summary judgment.
Page 5 | Rule 6. Procedures on Motion for Summary Judgment
Pre-Motion Conference Requirements
After a compliant summary-judgment motion and supporting brief are served and filed, the Court will issue a schedule for the subsequent procedures unless it has already established a briefing schedule.
When a motion and support brief have been served and filed in compliance with I. above, the Court shall issue a schedule for the procedures described in III. and IV. below, unless a briefing schedule has already been established by the Court.
Page 4 | Rule 6. Procedures on Motion for Summary Judgment
Summary-judgment motions are submitted for decision without oral argument unless the Court directs otherwise.
VI. All motions for summary judgment shall be considered as submitted for ruling without oral argument, unless the Court directs otherwise.
Page 6 | Rule 6. Procedures on Motion for Summary Judgment
Adjournment & Extension Requirements
A stipulated request to continue a trial date requires the parties’ consent in writing or on the record and good cause.
Stipulated requests for continuance of trial date must have the consent of the parties in writing or on the record and must be for good cause.
Page 1 | Rule 2. Civil Practice, II
A continuance will not be granted without good cause.
No continuance will be granted unless there is good cause shown.
Page 1 | Rule 2. Civil Practice, II
A non-stipulated continuance request must be made by motion, heard, and supported by good cause.
Non-stipulated requests for continuance must be on motion and hearing and for good cause.
Page 1 | Rule 2. Civil Practice, II
Chambers Communication Rules
Attorneys must immediately tell the court about scheduling conflicts when dates are set from the bench or in conference.
To avoid scheduling conflicts, attorneys shall be prepared to immediately tell the court of such conflicts when the court sets dates from the bench or in conference.
Page 1 | Rule 2. Civil Practice, II
Telephone conferences are encouraged for scheduling and motions that do not involve evidence.
Telephone conferencing for scheduling and for motions not involving evidence is encouraged.
Page 1 | Rule 2. Civil Practice, III