Washington County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies

Limits & Logistics
Document Limits

Communication
Phone
Clerk
Page & Word Limits1 rule
b) The facsimile transmission does not exceed fifteen (15) pages in length, excluding cover sheet. 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.
- Facsimile transmission
- Up to 15 pages
Document Format Requirements2 rules
The landlord's written itemization must use Form SC5029 and state the amounts claimed and the date the tenant vacated.
- Itemization of damages
Formatting
- •Use Form SC5029
- •Set forth the date the tenant vacated
Court's wording
In cases where an eviction judgment has been granted, within 90 days after the tenant vacates the subject property, the landlord shall file with the Clerk of Courts office a written itemization on Form SC5029 setting forth any amount claimed for back rent, utilities and other damages and setting forth the date the tenant vacated.
Proposed Findings and Orders should highlight the length of the period of redemption and waiver or non-waiver of deficiency language in any such pleadings by bolding the same.
Document Filing Requirements29 rules
(iii) Each party shall complete the "Scheduling Conference Data Sheet" and return it to the Court one week in advance of the scheduling conference
(3) No demand for a jury trial may be withdrawn after the payment of the jury fee without the written consent of all other parties to the action.
Affidavits supporting the specified foreclosure judgments must independently state all necessary supporting information, including the listed service, redemption, amount-due, Lis Pendens, pleading, and mortgage-holder facts.
Court's wording
(2) Any affidavit submitted in support of a default foreclosure judgment, summary foreclosure judgment or judgment on the pleadings must specifically and without reference to other documents previously filed set forth all information necessary to support the motion including the following information: (a) The date of filing of the summons and complaint and any amended summons or complaint. (b) The date and specific manner of service on each of the defendants named. If service on any defendant is by publication, an affidavit as to reasonable efforts to serve the defendant personally or by substituted service shall be provided. (c) The length of the period of redemption being requested (with reference to the section of Ch. 846 authorizing the requested redemption period) as well as specific factual information based on personal knowledge supporting the period of redemption requested and whether a deficiency judgment is being sought or waived. (d) The amount due and owing as of the date of the affidavit or hearing date together with the amount of attorney fees requested, a listing of disbursements being added to the judgment and the total thereof. (e) The date of filing of the Lis Pendens in the office of the Register of Deeds. (f) A copy of any responsive pleading giving rise to a motion for summary judgment or judgment on the pleadings. (g) Whether the plaintiff is the original mortgagee and, if not, information establishing how the plaintiff became the current holder of the mortgage with assignments incorporated into the affidavit establishing the plaintiff’s standing.
Mortgagee's counsel may appear by affidavit rather than in person at a default foreclosure judgment hearing only if the listed default, filing, notice, affidavit, and timing conditions are met.
Court's wording
(1) Attorneys for a mortgagee in a foreclosure action need not appear at a hearing on a default foreclosure judgment and may appear by affidavit if: (a) The case is in default with no responsive pleading filed by mortgagor. (b) Proof of service, copy of Lis Pendens, etc. are all on file. (c) A hearing date is obtained and notice given to all defendants, which shall indicate that judgment will be granted on that date unless anyone appears to object. (d) An affidavit or affidavits of a representative of the mortgagee setting forth all evidence based on personal knowledge necessary to allow court to grant judgment is filed, as set forth in (2) below. (e) An affidavit to establish the reasonableness and necessity of attorney's fees is filed. (f) Affidavits, findings and judgment papers are filed at least 3 days prior to the date of the motion hearing.
which shall indicate that judgment will be granted on that date unless anyone appears to object.
A foreclosure motion to confirm a sheriff's sale must state any requested relief beyond confirmation and include an affidavit independently setting out all listed sale, bidder, valuation, defendant, service, claim, amount, and writ-of-assistance information.
Court's wording
(4) Any motion to confirm a Sheriff’s sale in a foreclosure action must set forth the relief requested in addition to confirmation of the sale and must be supported by an affidavit or affidavits which specifically and without reference to any document previously filed set forth all information necessary to confirm the sale including the following information: (a) The date and location of the Sheriffs sale. (b) The name of the successful bidder and the amount of the bid. (c) Information from which the court can conclude that the successful bid represents fair value such as the opinion of an appraiser or specific tax valuations. (d) The date of filing of any amended summons or complaint. (e) The names of any additional defendants added since the granting of the judgment. (f) The date and specific manner of service on any additional defendant. (g) Information as to the potential claim of any added defendant and facts from which the court can conclude that the interest of any such defendant is subsequent to that of the plaintiff. (h) The nature of any specific amounts being requested to be added to the judgment. (i) Whether a writ of assistance is being requested.
Proposed jury instructions are to be submitted to the Court at the Pretrial/Scheduling Conference.
The satisfaction application must substantially follow the statutory form and include the specified identifying information, judgment list, and bankruptcy statement.
Court's wording
(1) An Application for Order for Satisfaction of Judgments substantially in the form prescribed by Wis. Stat. § 806.19(4), which includes: The name of the judgment debtor or person interested in the real estate affected by such judgment; (a) A list of the judgments to be satisfied by case name, case number date, and if available, the judgment and lien docket volume and page number; and, (b) A statement that the person signing and dating the Application believes such debts have been discharged in bankruptcy and that no inconsistent ruling has been made by the bankruptcy court or is currently being requested by any party from the bankruptcy court.
A person seeking satisfaction of a qualifying judgment may apply to the Clerk of Courts by filing the listed required documents.
Court's wording
Any person seeking to satisfy a judgment which was the subject of a debt discharged in a bankruptcy action, or any person having an interest in real property to which such judgment attaches, may make an application to the Clerk of Courts by filing the following documents:
Objections to the bill of costs must be in writing and filed with the Clerk of Courts office prior to taxation.
The case number shall be on all documents filed with the Clerk of Court after the Summons and Petition and any Confidential Petition Addendum.
- Document
- Documents filed with clerk
Must include
- •Case number
(4) A certified or photographic copy of the order of discharge in the form served on the interested parties by the bankruptcy court.
(6) A statement or affidavit by the person signing the Application that the Application and proposed Order of Satisfaction has been served on each of the judgment creditors listed in the Application within five days of its submission to the Clerk of Courts indicating the manner of service.
(5) A proposed Order of Satisfaction to be signed by the Circuit Court as provided in Wis. Stats. § 806.19(4).
- Document
- Satisfaction application
Include
- •Proposed order
(2) Copies of the schedules of debts as included in the bankruptcy petition filed in the bankruptcy court showing the judgment creditors listed in the Application.
(3) A statement or affidavit by the person signing the Application stating that the judgment creditors listed in the Application have received notice of the bankruptcy case and describing the means of notification.
All parties appearing at a Temporary Hearing shall complete a Financial Disclosure Statement on a form acceptable to the FCC and file it at least 2 business days before the hearing.
A single Temporary Order worksheet must be completed by or on behalf of all of the parties prior to the hearing, shall contain current information regarding all parties, and shall set forth all temporary stipulations.
Each party shall complete the “Family Scheduling Conference Data Sheet” and return it to the Court one week in advance of the scheduling conference
(4) Parenting Plans, in those cases where required, shall be filed prior to the Pretrial/Scheduling Conference, 60 days after the Mediation Response to Court, if filed, unless otherwise ordered.
A stipulated divorce hearing requires a filed Marital Settlement Agreement, the applicable 120-day waiting period, proof of service, and, when applicable, proof of notice to the Child Support Agency.
Court's wording
A stipulated divorce will not be scheduled for hearing until a Marital Settlement Agreement is on file, 120 days have elapsed from the time the respondent was served (or if joint petitioners, 120 days from filing), proof of service on the respondent is filed, and, if the Child Support Agency has an interest, proof of notice of hearing to the Child Support Agency is on file.
Briefs shall contain a short, concise statement of the party’s argument in support of its position, together with the citations of the authorities upon which it relies.
Motions seeking permanent change of custody/physical placement will not be set for a scheduling conference until the required filing fee has been paid, mediation has been completed, a Response to Court has been filed by the mediator (or mediation has been waived by the Court), a petition for the appointment of a G.A.L. is filed, and all fees have been paid.
Any request for the waiver of fees or deposits on the basis of indigency must be made on approved forms and accompanied by any required financial information.
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.
A default money-damage judgment may be entered in the stated circumstances only if the complaint requests a specific amount of damages.
Court's wording
If at the initial return in an eviction action a tenant who is properly subject to the personal jurisdiction of the Court due to personal or substituted service, fails to appear and the plaintiff dismisses the eviction portion of the portion due to the prior vacating of the premises by the tenant, a money damage judgment may be entered by default against the tenant subject to the right of the plaintiff to amend the judgment as provided herein if a specific amount of damages is requested in the complaint.
A motion to increase the stated default judgment must be supported by an affidavit.
Court's wording
In any case where a monetary judgment has been entered by default due to the failure of the tenant to appear pursuant to these rules, a judgment creditor may petition the court by motion supported by affidavit to increase the judgment as a result of monthly rental damages accruing after the judgment was entered provided however that such a request is made within 90 days after the entry of the original judgment.
Non-standard instructions should include supporting authority by the party.
Pursuant to 16GF454, upon order of any Judge, a designated representative of the Washington County Department of Human Services shall prepare a Court Report in accordance with the mandates of §§ 48.33 and 938.33, Wis. Stats.
Filing & Service rules
Electronic Filing Rules
Facsimile filings are accepted only when sent to the designated office, limited to 15 pages excluding the cover sheet (unless the party or attorney certifies approval for a longer transmission), and free of filing fees and additional charges to the receiving office.
(1) Facsimile documents transmitted directly to the Courts shall be accepted for filing only (at the Clerk of Circuit Court Fax of 262-335-4776 or the Register in Probate/Juvenile Fax of 262-306-2224) if: a) The facsimile document is faxed to the appropriate office at the phone number set forth above. b) The facsimile transmission does not exceed fifteen (15) pages in length, excluding cover sheet. 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. c) The facsimile document is of a type for which no filing fee is required. d) The transmission does not result in any additional fee or charge to the appropriate office for accepting or receiving the facsimile document.
Page 16 | VIII. AMENDED LOCAL COURT RULE REGARDING FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
A written objection may be filed in person, electronically, or by first-class mail.
The written objection of the tenant shall be filed in person or electronically in the Clerk of Courts office within 21 days of the date of the Clerk of Courts notice or mailed by first-class mail to the Clerk of Courts office within said 21 days with a postmark indicating compliance with this Rule.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
An itemization may be filed in person, electronically, or by first-class mail.
The itemization shall be filed in person or electronically in the Clerk of Courts office within 90 days of the date the tenant vacates or, if mailed by first class mail to the Clerk of Courts office, then within said 90 days with a postmark indicating compliance with this Rule.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
The sender is solely responsible for timely and complete receipt of a fax filing; court personnel are not responsible for transmission errors, missing or illegible documents, or fax-machine outages.
(2) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. (3) Neither the Circuit Court Judge, the Clerk of Circuit Court nor the Register in Probate/Clerk of Juvenile Court is responsible for: a) Errors or failures in transmissions that result in missing or illegible documents. b) Periods when a facsimile machine is not operational for any reason.
Page 16 | VIII. AMENDED LOCAL COURT RULE REGARDING FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
Filing Timing and Cure Windows
The completed Scheduling Conference Data Sheet must be returned to the Court one week before the scheduling conference.
(iii) Each party shall complete the "Scheduling Conference Data Sheet" and return it to the Court one week in advance of the scheduling conference
Page 5 | Civil Procedures — Pretrial Procedure — Scheduling Conferences & Phone Scheduling Conferences
An objection to the telephone scheduling order must be made within 10 days of mailing; otherwise, the order is final.
(ii) the date of a pretrial scheduling conference. The order is final unless objected to within 10 days of mailing.
Page 5 | Civil Procedures — Pretrial Procedure — Procedure for Phone Scheduling Conference
A jury demand must be made before or at the scheduling conference, or at another time ordered by the Court.
(1) Pursuant to §805.01(2) and § 814.61(4), jury demand must be made prior to or at the scheduling conference or at such time as ordered by the Court.
Page 6 | Civil Procedures — Jury Tender
An objection to the Civil Pretrial/Scheduling Order must be made within 10 days of mailing; otherwise, the order is final.
(3) The order is final unless objected to within 10 days of mailing.
Page 6 | Civil Procedures — Pretrial Procedure — Pretrial Scheduling Conference
Affidavits, findings, and judgment papers for a default foreclosure judgment must be filed at least 3 days before the motion hearing.
(f) Affidavits, findings and judgment papers are filed at least 3 days prior to the date of the motion hearing.
Page 7 | III. APPEARANCES — B. FORECLOSURE ACTIONS
If the appropriate documentation is not filed at least 3 days before the hearing, plaintiff's attorney must appear in person.
(5) Failure to file the appropriate documentation at least 3 days prior to the date of the hearing will require a personal appearance by plaintiff’s attorney at such hearing.
Page 8 | III. APPEARANCES — B. FORECLOSURE ACTIONS
Objections to a bill of costs must be filed with the Clerk of Courts before taxation.
Objections to the bill of costs must be in writing and filed with the Clerk of Courts office prior to taxation.
Page 9 | F. TAXATION OF COSTS
A party may move for court review of the taxation within 10 days after taxation.
The court on motion may review the action within 10 days after taxation.
Page 9 | F. TAXATION OF COSTS
Trial briefs must be filed 10 days before trial unless the Court orders otherwise.
Trial briefs shall be filed 10 days before trial unless otherwise ordered.
Page 9 | D. TRIAL BRIEFS
The order is final unless objected to within 10 days of mailing
The order is final unless objected to within 10 days of mailing
Page 11 | D. PRE-JUDGMENT SCHEDULING CONFERENCES & PHONE SCHEDULING CONFERENCES
The completed Family Scheduling Conference Data Sheet must be returned one week before the scheduling conference.
Each party shall complete the “Family Scheduling Conference Data Sheet” and return it to the Court one week in advance of the scheduling conference
Page 11 | D. PRE-JUDGMENT SCHEDULING CONFERENCES & PHONE SCHEDULING CONFERENCES
The Financial Disclosure Statement must be filed at least 2 business days before the Temporary Hearing.
All parties appearing at a Temporary Hearing shall complete a Financial Disclosure Statement on a form acceptable to the FCC and file it at least 2 business days before the hearing.
Page 11 | C. TEMPORARY HEARINGS
When required and unless otherwise ordered, Parenting Plans must be filed before the Pretrial/Scheduling Conference, 60 days after the Mediation Response to Court if one is filed.
(4) Parenting Plans, in those cases where required, shall be filed prior to the Pretrial/Scheduling Conference, 60 days after the Mediation Response to Court, if filed, unless otherwise ordered.
Page 12 | E. PRE-JUDGMENT PRETRIAL/SCHEDULING CONFERENCES
A request for a de novo hearing must be made within 20 calendar days after the oral decision or, if no oral decision was given, mailing of the written decision or order.
Pursuant to Wis. Stats. § 767.17, a request for a de novo hearing of a FCC decision shall be made within 20 calendar days from the date of the oral decision or the date of mailing of the written decision/order, if not given orally.
Page 14 | D. DE NOVO HEARINGS
Facsimile papers are filed upon receipt and become the official record; they may not be substituted, additional copies may not be sent, and subsequently received duplicates will be discarded.
(4) Facsimile papers are considered filed upon receipt by the Clerk of Circuit Court or Register in Probate/Clerk of Juvenile Court and are the official record of the Court and may not be substituted. No additional copies may be sent. The Clerk of Circuit Court or Register in Probate/Clerk of Juvenile Court shall discard any duplicate papers subsequently received.
Page 16 | VIII. AMENDED LOCAL COURT RULE REGARDING FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
A tenant must file a written objection within 21 days of the Clerk's notice; a mailed objection must be postmarked within that period.
The written objection of the tenant shall be filed in person or electronically in the Clerk of Courts office within 21 days of the date of the Clerk of Courts notice or mailed by first-class mail to the Clerk of Courts office within said 21 days with a postmark indicating compliance with this Rule.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
The itemization is due within 90 days after the tenant vacates; a mailed itemization must be postmarked within that period.
The itemization shall be filed in person or electronically in the Clerk of Courts office within 90 days of the date the tenant vacates or, if mailed by first class mail to the Clerk of Courts office, then within said 90 days with a postmark indicating compliance with this Rule.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
A stay based on a tenant's emergency-assistance application may be granted only if requested before issuance of the writ of restitution and may last no more than 10 working days.
Pursuant to § 799.40(4)(a), any stay of proceedings based on the tenant’s application for emergency assistance may only be granted if applied for before issuance of a writ of restitution and then for not more than 10 working days.
Page 18 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
A judgment creditor seeking to increase a default monetary judgment for later-accruing rental damages must move within 90 days after the original judgment and support the motion with an affidavit.
In any case where a monetary judgment has been entered by default due to the failure of the tenant to appear pursuant to these rules, a judgment creditor may petition the court by motion supported by affidavit to increase the judgment as a result of monthly rental damages accruing after the judgment was entered provided however that such a request is made within 90 days after the entry of the original judgment.
Page 18 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
The Department's dispositional report must be filed with the Court two business days before the scheduled dispositional hearing.
Dispositional reports prepared by the Department will be filed with the Court two (2) business days prior to the scheduled dispositional hearing.
Page 18 | XI. Local Court Rule Regarding Distribution of Juvenile Dispositional Reports
Alternatively, counsel may mail a copy of the proposed form to opposing counsel with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the Court, approval is presumed and the Court may execute the original after the five days.
Alternatively, counsel may mail a copy of the proposed form to opposing counsel with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the Court, approval is presumed and the Court may execute the original after the five days.
Page 5 | Civil Procedures — Pretrial Procedure — Service on Opposing Counsel
If counsel mails the proposed form, approval is presumed and the Court may execute the original after five days if no objection is brought to the Court’s attention within that period.
Alternatively, counsel may mail a copy of the proposed form to opposing counsel or the opposing party with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the court, approval is presumed and the original may be executed by the court after the five days.
Page 10 | FAMILY PROCEDURES — I. PRETRIAL PROCEDURE — B. SERVICE ON OPPOSING COUNSEL
Service and Proof of Service Rules
Unless the Court directs otherwise, a copy of any proposed order, findings, conclusions of law, or judgment must be submitted to opposing counsel before submission to the Court.
Unless the Court shall otherwise direct, before submitting to the Court any proposed order, findings, conclusions of law, or judgment, a copy shall be submitted to opposing counsel.
Page 5 | Civil Procedures — Pretrial Procedure — Service on Opposing Counsel
For mortgagee's counsel to appear by affidavit at a default foreclosure judgment hearing, a hearing date must be obtained and all defendants must receive notice that judgment will be granted unless someone appears to object.
(c) A hearing date is obtained and notice given to all defendants, which shall indicate that judgment will be granted on that date unless anyone appears to object.
Page 7 | III. APPEARANCES — B. FORECLOSURE ACTIONS
The clerk taxes costs on the prevailing party’s application after 3 days’ notice to the other party or parties.
The clerk will tax costs and insert in the judgment and in the judgment and lien docket, if the judgment shall have been entered, on the application of the prevailing party, upon 3 days notice to the other party or parties.
Page 9 | F. TAXATION OF COSTS
Trial briefs furnished to the Court must also be furnished to opposing counsel unless counsel agree or the Court orders that briefs need not be exchanged.
Trial briefs furnished to the Court shall be furnished to opposing counsel, unless counsel have agreed, or the Court has ordered, that briefs need not be exchanged.
Page 9 | D. TRIAL BRIEFS
Unless the Court directs otherwise, a copy of a proposed order, findings, conclusions of law, or judgment must be provided to opposing counsel or an unrepresented opposing party before submission to the Court; counsel may instead mail the proposed form under the stated five-day no-objection procedure.
Unless the Court shall otherwise direct, before submitting to the Court any proposed order, findings, conclusions of law, or judgment, a copy shall be submitted to opposing counsel or the opposing party if unrepresented. A place for notation of the approval of opposing counsel or the opposing party as to form may be provided at the foot thereof. Alternatively, counsel may mail a copy of the proposed form to opposing counsel or the opposing party with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the court, approval is presumed and the original may be executed by the court after the five days.
Page 10 | FAMILY PROCEDURES — I. PRETRIAL PROCEDURE — B. SERVICE ON OPPOSING COUNSEL
The application and proposed Order of Satisfaction must be served on each listed judgment creditor within five days after submission to the Clerk of Courts, and the manner of service must be stated in an affidavit or statement.
(6) A statement or affidavit by the person signing the Application that the Application and proposed Order of Satisfaction has been served on each of the judgment creditors listed in the Application within five days of its submission to the Clerk of Courts indicating the manner of service.
Page 10 | V. SATISFACTION OF JUDGMENTS FOLLOWING BANKRUPTCY — A. NECESSARY DOCUMENTS
Filing pleadings with the Clerk of Courts is deemed service on the FCC.
Filing pleadings with the Clerk of Courts shall be deemed as service on the FCC.
Page 10 | FAMILY PROCEDURES — I. PRETRIAL PROCEDURE — A. FILING
Each party must serve its brief on the opposing party and file proof of service when filing the brief.
Each party shall serve a copy of his brief upon his adversary party and file proof of such service at the time of filing its brief.
Page 14 | E. BRIEFS
The landlord must mail a copy of the itemization to the tenant's last known address or attorney at the same time the itemization is filed or mailed.
The landlord shall send a copy of the itemization by first-class mail to the tenant’s last known address or to the tenant’s attorney, if any, simultaneously with the filing/mailing of the itemization as required above.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
The Clerk of Courts must mail the tenant the itemization and a notice stating that any written objection is due within 21 days of the notice.
The Washington County Clerk of Courts office shall mail to the tenant at the tenant’s last known address a copy of the itemization and a notice that the tenant shall file any objection to the landlord’s itemization in writing and within 21 days of the date of the Clerk of Courts notice enclosing the itemization.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
The tenant must mail a copy of the objection to the landlord, agent, or attorney at the same time the objection is filed or mailed.
The tenant shall send a copy of the objection by first-class mail to the landlord, its agent or attorney simultaneously with the filing/mailing of the objection as required above.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
Counsel may mail the proposed form to opposing counsel, and if no objection is brought to the Court's attention within five days after the Court receives it, approval is presumed and the Court may execute the original after five days.
Alternatively, counsel may mail a copy of the proposed form to opposing counsel with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the Court, approval is presumed and the Court may execute the original after the five days.
Page 5 | Civil Procedures — Pretrial Procedure — Service on Opposing Counsel
Upon filing, the Juvenile Clerk must distribute copies of the dispositional report to counsel for the parties and the guardian ad litem.
Upon the filing of the Dispositional Report, it shall be the Order of the Court that the Juvenile Clerk shall distribute copies to counsel for the parties and the guardian ad litem in accordance with § 48.396(3)(b)2 and 48.396(3)(c)1m.
Page 18 | XI. Local Court Rule Regarding Distribution of Juvenile Dispositional Reports
The Court must deliver the Clerk-approved notice summarizing these rules to any party present when a writ or eviction judgment is ordered or granted.
The Court shall cause to be delivered to any party present at the time a Writ of Restitution of the Premises is ordered or Judgment of Eviction granted, a notice approved by the Clerk of Courts office summarizing the above rules.
Page 18 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
Filing Fees and Waivers
Failure to pay the jury fee when ordered waives the jury trial unless the Judge excuses the failure.
(2) Failure to pay the fee at the time ordered by the Court shall constitute a waiver of jury trial unless excused by the Judge.
Page 6 | Civil Procedures — Jury Tender
A statutory fee of $5.00 is required for each judgment to be satisfied.
Upon receipt of the documents required, and the statutory fee of $5.00 for each judgment to be satisfied, the clerk shall submit the proposed Order to the Court for signature after which the clerk shall satisfy each judgment described in the Application.
Page 10 | V. SATISFACTION OF JUDGMENTS FOLLOWING BANKRUPTCY — B. SATISFACTION
A filing fee must be paid when filing a motion to modify a judgment or subsequent order, except for motions to enforce judgments.
A mandatory filing fee is required to be paid at the time of filing any motion to modify judgment or subsequent court order. This requirement does not apply to motions to enforce judgments, i.e. contempt or placement enforcement actions.
Page 13 | C. MATTERS TO BE SCHEDULED BEFORE THE FCC
An indigency-based request to waive fees or deposits must use approved forms and include any required financial information.
Any request for the waiver of fees or deposits on the basis of indigency must be made on approved forms and accompanied by any required financial information.
Page 15 | V. INDIGENCY
The jury fee may not be split between parties without Court authorization, and duplicate jury-fee tenders will not be returned.
(4) Unless authorized by the Court, no jury fee may be split between the parties, and duplicate tenders for juries will not be returned to any party.
Page 6 | Civil Procedures — Jury Tender
Sealing & Redaction Procedures
A dispositional report may not be copied for release to a child, parent, the media, or others without Juvenile Court authorization, but counsel may share and discuss its contents with clients.
No Dispositional Report shall be copied for release to a child, parent, the media, or others, without authorization of the Juvenile Court. However, contents of the report may be shared and discussed between counsel and client(s).
Page 18 | XI. Local Court Rule Regarding Distribution of Juvenile Dispositional Reports
Pre-Motion Conference Requirements
Supporting briefs should arrive at least 20 days before argument; an answering brief is due within ten days after the supporting brief and a reply five days later, subject to court-ordered changes and leave for further briefs.
Briefs in support of motions should be received by the Court at least 20 days prior to argument. Each Court may establish a briefing schedule in individual cases upon request. Briefs shall contain a short, concise statement of the party’s argument in support of its position, together with the citations of the authorities upon which it relies. The adversary party shall, within ten days after filing the supporting brief, file an answering brief containing a short, concise statement of the position upon which it relies together with citation of the authorities. The opposite party shall have five days thereafter for filing their reply No brief beyond the reply shall be filed except upon leave granted. The Court may, by order, excuse the filing of supporting, answering and reply briefs, and may shorten or extend the time fixed by this rule for the filing of briefs.
Page 14 | E. BRIEFS
When the parties agree to decide a motion on briefs without oral argument, the judge sets the briefing schedule after a request is made.
If the parties agree that a motion may be decided on briefs only, without oral argument, the Judicial Assistant should be advised and a request made for a briefing schedule. The judge will then set the briefing schedule.
Page 6 | Civil Procedures — Motions — Scheduling
The Court may set a briefing schedule for any motion at a party's request or on its own motion.
The Court may set a briefing schedule on any motions at the request of a party or on the Court’s own motion
Page 6 | Civil Procedures — Motions — Briefs
Adjournment & Extension Requirements
Stipulations extending dates in the scheduling order are not binding unless the Court approves them.
(iii) Stipulations extending any dates set forth in the scheduling order are not binding unless the Court approves such stipulation.
Page 5 | Civil Procedures — Pretrial Procedure — Procedure for Phone Scheduling Conference
An attorney with a conflict must contact the attorney who scheduled the motion before seeking an adjournment; that attorney may then contact the clerk to arrange a new date, and the Court will not grant an adjournment without the other moving party’s consent.
An attorney who has a conflict with a motion date scheduled by another party’s attorney must contact the attorney who initially scheduled the motion before requesting any adjournment from the Court. The attorney who scheduled the motion may then contact the clerk's office to set up a new motion date. No adjournment will be granted without consent of the other party on motion.
Page 9 | E. CONTINUANCES – ADJOURNMENTS
Before requesting an adjournment for a conflict with another party’s scheduled motion, counsel must contact the scheduling attorney; that attorney may contact the Clerk’s office to set a different date, and an adjournment requires the moving party’s consent or a motion.
An attorney who has a conflict with a motion date scheduled by another party must contact the attorney who initially scheduled the motion before requesting any adjournment from the Court. The attorney who scheduled the motion may then contact the Clerk’s office to set up a different motion date. No adjournments will be granted without consent of the moving party or on motion.
Page 15 | IV. CONTINUANCES – ADJOURNMENTS
If a party appears to object to confirmation of the sale, the matter may be adjourned for a further hearing.
If any party appears to object, the matter may be adjourned for further hearing.
Page 8 | III. APPEARANCES — B. FORECLOSURE ACTIONS
The clerk may adjourn taxation upon cause shown for a reasonable time to allow either party to produce proof.
The clerk may adjourn the taxation, upon cause shown, to a reasonable time to enable either party to produce proof.
Page 9 | F. TAXATION OF COSTS
The Court may extend the objection period for cause shown.
For cause shown, the Court may extend the time for objection.
Page 10 | FAMILY PROCEDURES — I. PRETRIAL PROCEDURE — B. SERVICE ON OPPOSING COUNSEL
Chambers Communication Rules
The plaintiff's attorney must initiate a telephone scheduling conference by calling the judge's clerk after all attorneys are on the line.
(a) All telephone scheduling conferences shall be initiated by plaintiff's attorney who shall place the call to the judge's clerk after all attorneys are on the line, and the call will then be transferred to the judge.
Page 5 | Civil Procedures — Pretrial Procedure — Procedure for Phone Scheduling Conference
Motions should be scheduled consistent with any scheduling order. All motions are to be scheduled through the Judicial Assistant for the specific branch in question after informing the Judicial Assistant of the case number, the nature of the motion, and the estimated amount of time for argument on the motion.
Motions should be scheduled consistent with any scheduling order. All motions are to be scheduled through the Judicial Assistant for the specific branch in question after informing the Judicial Assistant of the case number, the nature of the motion, and the estimated amount of time for argument on the motion.
Page 6 | Civil Procedures — Motions — Scheduling
Counsel must obtain a hearing date from the Register in Probate for approval of the settlement of both actions.
Counsel shall obtain a hearing date from that office for approval of settlement of both the guardianship action and the civil action
Page 7 | Family Procedures
Counsel must contact the Clerk of Courts office to obtain a date for settlement approval.
Counsel shall contact the Clerk of Courts office for a date for approval of the settlement.
Page 7 | Family Procedures
In the covered cases, attorneys must notify the branch’s judicial assistant about the specified hearing circumstances and advise the assistant of a possible video appearance as soon as practicable.
Any attorney appearing in such a case in Washington County shall be required to notify the judicial assistant (JA) for the branch in which a case is pending of the attorney’s belief that a hearing in which a defendant or respondent might otherwise be produced will involve other than a critical stage of the proceedings or a critical stage of the proceedings where the defendant or respondent wishes not to attend. Critical stages of the proceedings include evidentiary hearings, trials or fact-finding hearings, plea hearings at which a plea of guilty or no contest, or an admission, will be offered, and sentencing or dispositional hearings. Attorneys shall advise the JA of the appropriate branch of the possibility of a video conference appearance by a defendant or respondent as soon as practicable.
Page 15 | VII. LOCAL RULE REGARDING VIDEO CONFERENCING APPEARANCES IN CRIMINAL AND OTHER CASES
If the parties agree to submission on briefs without oral argument, they should advise the Judicial Assistant and request a briefing schedule, which the judge will set.
If the parties agree that a motion may be decided on briefs only, without oral argument, the Judicial Assistant should be advised and a request made for a briefing schedule. The judge will then set the briefing schedule.
Page 6 | Civil Procedures — Motions — Scheduling
A motion may not be scheduled on a date previously provided by the Judicial Assistant for another motion in the same case without the judge's prior approval.
Due to potential time constraints, motions may not be scheduled on a date previously provided by the Judicial Assistant for a motion in the same case without prior approval of the judge.
Page 6 | Civil Procedures — Motions — Scheduling
The petitioner’s attorney must initiate a telephone scheduling conference by calling the judge’s clerk after opposing counsel is on the line.
(a) All telephone scheduling conferences shall be initiated by petitioner’s attorney who shall place the call to the judge’s clerk after opposing counsel is on the line, and the call will then be transferred to the judge.
Page 11 | D. PRE-JUDGMENT SCHEDULING CONFERENCES & PHONE SCHEDULING CONFERENCES
FCC matters must be scheduled by contacting the Family Division in the Clerk of Courts office, using the same information and scheduling rules as for motions before a judge.
Matters heard by the FCC are scheduled by contacting the Family Division in the Clerk of Courts office. The same information required in scheduling a motion before a judge will be required in scheduling a motion before the FCC, and the same rules apply.
Page 12 | II. MOTION PRACTICE — A. SCHEDULING
Motions must be scheduled through the Judicial Assistant for the assigned branch, with the case number, motion type, and estimated argument time provided.
All motions are to be scheduled through the Judicial Assistant for the specific branch in question after informing the Judicial Assistant of the case number, the nature of the motion, and the estimated amount of time for argument on the motion.
Page 12 | II. MOTION PRACTICE — A. SCHEDULING
All parties to an eviction action must timely notify the Clerk of Courts of any address change.
All parties to an eviction action shall timely notify the Clerk of Courts office of any change of address.
Page 17 | X. Local Court Rule Regarding Money Damage Claims in Eviction Actions
The attorney who scheduled the motion may contact the clerk's office to arrange a new motion date.
The attorney who scheduled the motion may then contact the clerk's office to set up a new motion date.
Page 9 | E. CONTINUANCES – ADJOURNMENTS