Washington County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be submitted to the Court at the Pretrial/Scheduling Conference.

Proposed jury instructions are to be submitted to the Court at the Pretrial/Scheduling Conference.

CRITICAL

Applies to

Documents filed with clerk

Must include

case number

After the Summons and Petition and any Confidential Petition Addendum, all documents filed with the Clerk of Court must include the case number.

The case number shall be on all documents filed with the Clerk of Court after the Summons and Petition and any Confidential Petition Addendum.

CRITICAL

Applies to

Stipulated divorce hearing

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.

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.

CRITICAL

Applies to

Satisfaction application

The application must include a certified or photographic copy of the discharge order in the form served on interested parties by the bankruptcy court.

(4) A certified or photographic copy of the order of discharge in the form served on the interested parties by the bankruptcy court.

CRITICAL

Applies to

Fee waiver request

An indigency-based fee-waiver request must be submitted on approved forms with 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.

CRITICAL

Applies to

Parenting plan

When required, Parenting Plans must be filed before the Pretrial/Scheduling Conference, 60 days after the Mediation Response to Court if one is filed, unless the court orders otherwise.

(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.

CRITICAL

Applies to

Facsimile transmission

For a facsimile transmission exceeding 15 pages, the party or attorney must certify 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

Brief

Briefs must state the party’s argument concisely and cite the authorities relied upon.

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.

CRITICAL

Applies to

Satisfaction application

(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.

(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.

CRITICAL

Applies to

Satisfaction application

The satisfaction application must substantially follow the statutory form and include the specified identifying information, judgment list, and bankruptcy statement.

(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.

CRITICAL

Applies to

Foreclosure judgment affidavit

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.

(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.

CRITICAL

Applies to

Financial disclosure statement

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.

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.

CRITICAL

Applies to

Motion seeking permanent change of custody or physical placement

A permanent custody or physical-placement motion cannot be scheduled for a conference until the filing fee and all fees are paid, mediation is completed or waived, the mediator files a Response to Court, and a GAL appointment petition is filed.

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.

CRITICAL

Applies to

Temporary order worksheet

A single Temporary Order worksheet must be completed for all parties before the hearing and include current information and all temporary stipulations.

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.

CRITICAL

Applies to

Satisfaction application

Must include

proposed order

The application must include a proposed Order of Satisfaction for the Circuit Court to sign.

(5) A proposed Order of Satisfaction to be signed by the Circuit Court as provided in Wis. Stats. § 806.19(4).

CRITICAL

Applies to

Motion

A motion to increase the stated default judgment must be supported by 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.

CRITICAL

Applies to

Satisfaction application

The satisfaction application must include copies of the bankruptcy petition’s debt schedules showing the listed judgment creditors.

(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.

CRITICAL

Applies to

Family scheduling conference data sheet

Each party must complete the Family Scheduling Conference Data Sheet and return it to the Court 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

CRITICAL

Applies to

Default foreclosure judgment

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.

(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.

CRITICAL

Applies to

Hearing notice

The notice to defendants must state that judgment will be granted on the hearing date unless someone appears to object.

which shall indicate that judgment will be granted on that date unless anyone appears to object.

CRITICAL

Applies to

Satisfaction application

A person seeking satisfaction of a qualifying judgment may apply to the Clerk of Courts by filing the listed required documents.

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:

CRITICAL

Applies to

Complaint

A default money-damage judgment may be entered in the stated circumstances only if the complaint requests a specific amount of damages.

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.

CRITICAL

Applies to

Sheriff sale confirmation motion

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.

(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.

CRITICAL

Applies to

Satisfaction application

The application must include a statement or affidavit that the listed judgment creditors received notice of the bankruptcy case and describing how they were notified.

(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.

CRITICAL

Applies to

Jury demand withdrawal

A jury demand may not be withdrawn after payment of the jury fee without the written consent of all other parties.

(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.

CRITICAL

Applies to

Scheduling conference data sheet

Each party must complete the Scheduling Conference Data Sheet and return it 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

CRITICAL

Applies to

Bill of costs objection

An objection to a bill of costs must be in writing and 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.

WARNING

Applies to

Court report

Upon a judge's order, a designated Department of Human Services representative must prepare a Court Report in accordance with the cited statutes.

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.

WARNING

Applies to

Proposed jury instructions

Parties should include supporting authority with non-standard proposed jury instructions.

Non-standard instructions should include supporting authority by the party.