Waukesha County Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Alternative proposed submission

An objecting party’s alternative proposed version must be accompanied by a cover letter identifying the basis for the objection.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.

CRITICALCivil cases

Applies to

Organizational appearance

A corporate or governmental party must appear through an attorney admitted to practice in the Court.

If a party is a corporation or governmental entity, the party must appear through an attorney admitted to practice in the Court.

CRITICALCivil cases

Applies to

Order to show cause

Orders to Show Cause must be approved by a judge or court commissioner.

Orders to Show cause must be approved by a judge or court commissioner.

CRITICAL

Applies to

Financial disclosure statement

A defendant requesting time to pay monetary penalties or other monetary conditions must complete and submit a Financial Disclosure Statement.

Defendants must complete and submit Financial Disclosure Statements if requesting time to pay their monetary penalties and other monetary conditions of a sentence or disposition.

CRITICALCivil cases

Applies to

Support or maintenance order

An order establishing or modifying support or maintenance must include the payor's current employer name and address and other information needed for an income assignment.

An order establishing or modifying child support, family support or maintenance payments must be accompanied by the current name and address of the payor’s employer together with any other information needed for an income assignment.

CRITICALCivil cases

Applies to

Venue motion objection

Must include

proposed order

A venue objection must state its legal and factual grounds, include supporting affidavits, and include a proposed order denying the motion.

The objection must set forth the legal and factual basis for opposing the change of venue along with any affidavits supporting any factual grounds for the objection. A proposed order denying the motion must be filed with the objection.

CRITICALCivil cases

Applies to

Motion or order to show cause

A motion or Order to Show Cause to establish or modify support or maintenance must require both parties to file verified financial disclosure and income-and-expense statements before the hearing.

A motion or Order to Show Cause seeking to establish or modify child support, family support and/or maintenance must contain language requiring both parties to file prior to the hearing date a completed Financial Disclosure Statement/Income and Expense Statement with verification of income.

CRITICAL

Applies to

Alternative proposed version

An objecting party must file an alternative proposed version with a cover letter identifying the basis for the objection.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.

CRITICAL

Applies to

Personal representative or special administrator appointment

A non-Wisconsin resident must post a court-determined surety bond before appointment as personal representative or special administrator, and every nonresident personal representative must have a resident agent.

An individual who is not a resident of Wisconsin must post a surety bond, in an amount determined by the Court, prior to being appointed as a personal representative or a special administrator. All non-resident personal representatives must have a resident agent.

CRITICALCivil cases

Applies to

Default judgment notice of motion

A default-judgment notice of motion must include the prescribed notice in all capital letters and bold type.

The notice of motion must include the following language in all capital letters and bold type:

CRITICALCivil cases

Applies to

Mediated settlement

Each party must sign a mediated settlement with a legibly typed or printed name beneath the signature, and signing attorneys must include their State Bar numbers.

Any mediated settlement must be signed by each party with the signor's name typed or printed legibly beneath his/her signature. Attorneys signing any stipulation or settlement agreement must insert their State Bar number on the document.

CRITICALCivil cases

Applies to

Guardian ad litem fee update

When the GAL's bill exceeds 75% of the ordered deposit, the GAL must send the Court a letter with an affidavit stating the fees and a current billing statement.

When the GAL’s bill exceeds 75% of the ordered deposit amount, the GAL must send a letter to the Court with an affidavit setting forth the fees and a current billing statement.

CRITICALCivil cases

Applies to

Guardian ad litem confirmation

The guardian ad litem must file written confirmation that settlement funds were deposited or invested as ordered before being discharged, unless the Court directs otherwise.

Unless the Court directs otherwise, after Court approval of the minor settlement and the guardian ad litem files written confirmation that the funds have been deposited or invested as provided in the Court’s order, the guardian ad litem is discharged and relieved of his or her responsibilities in the matter.

CRITICAL

Applies to

Final account

A final account is required in every informal administration unless the court approves a waiver or all residual beneficiaries or heirs-at-law waive filing.

A final account must be filed in all informal administrations unless a waiver is approved by the Court or all residual beneficiaries/heirs-at-law waive the filing of the final account.

CRITICAL

Applies to

Insolvent estate closing

File a demand for formal administration and a petition for summary settlement; pay any filing fee; and have a hearing on notice to all unsatisfied creditors, heirs, and residual beneficiaries.

File a demand for formal administration and a petition for summary settlement; pay any filing fee; and have a hearing on notice to all unsatisfied creditors, heirs, and residual beneficiaries.

CRITICALCivil cases

Applies to

Motion to restrict or seal

Must include

certificate of conference

A motion to restrict or seal must include a certification that the parties conferred in good faith to avoid the motion or narrow its scope.

Any party seeking to restrict access to documents or materials or to file confidential documents or materials under seal, whether pursuant to a court-approved protective order or otherwise, must include in the motion a certification that the parties have conferred in a good faith attempt to avoid the motion or to limit the scope of the documents or materials subject to sealing under the motion.

CRITICAL

Applies to

Opening papers

A Proof of Heirship must accompany the opening papers for every summary proceeding or special administration.

A Proof of Heirship must be filed with all opening papers for any summary proceeding and/or special administration.

CRITICALCivil cases

Applies to

Small claims answer

A defendant in a contested non-eviction small-claims case must file a written answer and send a copy to the plaintiff or the plaintiff’s attorney.

A defendant must file a written answer with the Clerk of Circuit Court in a contested non-eviction small claims case and send a copy of the answer on the plaintiff or plaintiff's attorney pursuant to Civ. L. R. 1.1(3).

CRITICAL

Applies to

Estate closing

For an estate required to file a federal estate tax return, a Federal Estate Tax Closing Letter and Wisconsin Certificate Determining Estate Tax must be filed before closing unless the court approves a waiver.

A Federal Estate Tax Closing Letter and a Wisconsin Certificate Determining Estate Tax must be filed with the Court prior to the closing of any estate required to file a Federal Estate Tax Return, unless a waiver is approved by the Court.

CRITICALCivil cases

Applies to

Default judgment motion

Must include

proposed order

A default-judgment movant must file or previously have filed the specified service, nonresponse, and mailing affidavits, any required nonmilitary declaration, and a proposed order.

The moving party must file along with the motion, or must have previously filed with the Court, the following: (a) affidavit evidencing proof of service of the summons and complaint (or other pleading forming the basis for the default); (b) a declaration of nonmilitary service if the adverse party is a natural person; (c) affidavit evidencing the party’s failure to timely answer or otherwise respond; (d) affidavit evidencing service of the motion papers by mail to the last known address; and (e) a proposed order under Civ. L. R. 1.5 granting the motion.

CRITICALCivil cases

Applies to

Stipulated temporary order

A stipulated Temporary Order addressing support or maintenance must include the parties' addresses, employer information, minor children's names and birth dates, and statutory language; Social Security numbers must be in a confidential addendum or otherwise provided.

A stipulated Temporary Order providing for child support, family support and/or maintenance must contain the following information: the current addresses of both parties, the names and addresses of the parties' employers, the names, and birth dates of any minor children, and the language required by §767.58 and §767.57, Wis. Stats. The Social Security numbers of the parties and affected children must be on file in a confidential addendum, or otherwise provided.

CRITICALCivil cases

Applies to

Eviction complaint

An eviction complaint must include the Notice and service affidavit; the affidavit must state attempted-service dates and times for posting and mailing, or include a dated receipt for certified mail.

The Notice must be attached to the complaint along with an affidavit evidencing how the defendant(s) was served with the Notice. If the Notice was served by posting and mailing, the times and dates of attempted service must be specified in the affidavit. If the Notice was served by certified mail, a dated receipt must be attached to the affidavit.

CRITICALCivil cases

Applies to

Judgment of divorce

The Final Marital Settlement Agreement must be appended to and incorporated by reference in the Judgment of Divorce.

Final Marital Settlement Agreements must be appended to the Judgment of Divorce and must be incorporated by reference therein.

CRITICALCivil cases

Applies to

Default judgment motion

For unliquidated damages, actions under Wis. Stat. §802.02(1m), or requested exemplary or punitive damages, the movant must itemize damages and request an evidentiary hearing.

When the damages requested in the pleading forming the basis for the default are not liquidated, or in actions subject to Wis. Stat. §802.02(1m), or when the movant is requesting exemplary or punitive damages, the movant must itemize the requested damages and request an evidentiary hearing.

CRITICALCivil cases

Applies to

School letter

If the child is pursuing high school at age 18, an updated signed school letter on school letterhead stating enrollment, attendance, and expected graduation must be provided to the child support office before the birthday.

If the child is still pursuing a high school education at the time of his/her 18th birthday, the child support agency must be provided with an updated and signed letter from the child's school, on school letterhead, stating the child is enrolled and attending classes, as well as the date of expected graduation. This letter must be provided to the child support office before the child's 18th birthday.

CRITICAL

Applies to

Motion to restrict or seal

Must include

certificate of conference

A motion to restrict access or seal confidential material must certify that the parties conferred in good faith to avoid the motion or limit its scope.

(4) Any party seeking to restrict access to documents or materials or to file confidential documents or materials under seal, whether pursuant to a court-approved protective order or otherwise, must include in the motion a certification that the parties have conferred in a good faith attempt to avoid the motion or to limit the scope of the documents or materials subject to sealing under the motion.

CRITICALCivil cases

Applies to

Alternative mediator consent

Using a mediator outside Waukesha Mediations’ panel requires advising the opposing party, obtaining written consent on the approved form, and filing the consent with the Court.

If a party wishes to use a mediator other than one from the panel of mediators utilized by Waukesha Mediations, the party must advise the opposing party of their desire to use a mediator different than Waukesha Mediations, inform the party that they must voluntary consent to use a different mediator, and obtain written consent to use a different mediator. Said written consent shall be filed with the Court. The parties shall use the approved consent form.

CRITICALCivil cases

Applies to

Authorized agent appearance

An LLC may appear through an admitted attorney, member, or authorized agent; an authorized agent must file or present the prescribed proof of authority.

If the party is a limited liability company, it may appear by an attorney admitted to practice in the Court, or by a member or other authorized agent. The authorized agent must file or present proof of authority to appear in the form included in the Appendix to these Local Rules.

CRITICAL

Applies to

Insolvent informal administration closing

To close an insolvent informal administration by this method, the party must file the listed estate documents and receipts, pay the inventory fee, serve specified persons, and file an affidavit of service.

If an informal administration is insolvent, the matter may be closed in the following fashions: (i) File the inventory, an accounting, the closing certificate for fiduciaries (unless a waiver is approved by the Court), and the personal representative’s statement to close the estate; pay the inventory filing fee; provide a copy of these documents, except for the closing certificate for fiduciaries, to all unsatisfied creditors, heirs, and beneficiaries; file an affidavit of service regarding the service of the inventory, account, and personal representative’s statement to close the estate; and file an estate receipt from all heirs or residual beneficiaries stating they understand the estate is insolvent, they are not receiving a distribution, and do not object to closing the estate and releasing/discharging the personal representative.

CRITICALCivil cases

Applies to

Request for mail service

A plaintiff requesting mail service must file an affidavit of no personal service and a statutory request, and provide the required copies and fee for each defendant.

Plaintiff must file with the Clerk of Circuit Court an affidavit of no personal service along with a request for mail service under Wis. Stat. §799.12(3) and provide the Clerk of Circuit Court the appropriate number of copies of the summons and complaint for the number of defendants to be served, along with the statutory fee for each defendant to be served by mail.

CRITICALCivil cases

Applies to

Attorney list application

An attorney seeking inclusion on the GAL appointment list must submit all required paperwork.

Any attorney who wishes to be included on this list must contact the Clerk of Courts Office to obtain the most current Waukesha County Circuit Courts Court Appointed Counsel Agreement and Compensation Agreement and submit all the required paperwork to be added to the list of attorneys.

CRITICAL

Applies to

Motion to restrict or seal

Must include

certificate of conference

A sealing or access-restriction motion must certify that the parties conferred in good faith to avoid the motion or narrow its scope.

Any party seeking to restrict access to documents or materials or to file confidential documents or materials under seal, whether pursuant to a court-approved protective order or otherwise, must include in the motion a certification that the parties have conferred in a good faith attempt to avoid the motion or to limit the scope of the documents or materials subject to sealing under the motion.

CRITICALCivil cases

Applies to

Alternative proposed submission

An objecting party must file an alternative proposed version with a cover letter identifying the basis for the objection.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.

CRITICALCivil cases

Applies to

Consolidation motion

A motion to consolidate must be filed in every case affected by the motion.

A motion to consolidate one or more cases must be filed in each case affected by the motion.

CRITICALCivil cases

Applies to

Motion or order to show cause

Each motion and Order to Show Cause must identify the requested relief and its legal justification on the first available page.

All motions and Orders to Show Cause must contain on the first available page a statement identifying the relief sought and the legal justification for the requested relief.

CRITICAL

Applies to

Guardian discharge action

To seek discharge when a ward regains competency, file a discharge petition and an order and hearing notice, and submit or request a competency report.

A petition for discharge of a guardian and an order and notice for hearing must be filed to initiate the action. A competency report must be submitted or requested to substantiate the petition for termination.

CRITICALCivil cases

Applies to

Minor settlement petition

Must include

proposed order

A minor-settlement petition must state the specified venue, minor, injury, liability, settlement, and distribution facts; request a guardian ad litem; and include two proposed orders.

A petition for approval of a minor settlement must identify facts supporting venue and state the age of the minor, the nature and extent of the injury giving rise to the claim, the circumstances leading to the injury and liability, considerations bearing on settlement, and the proposed distribution of the settlement funds. The petition must request the appointment of a guardian ad litem for the minor, and be accompanied by a proposed order appointing the guardian ad litem and proposed order approving the minor settlement.

CRITICAL

Applies to

Agency home study

The home-study report’s author must appear at the adoption hearing unless excused by the Court.

Additionally, the author of the report shall appear at the adoption hearing, unless excused by the Court.

CRITICAL

Applies to

Bail bond

A defendant must immediately sign a new bail bond when the Court modifies bail.

When a Court modifies bail, the defendant must immediately sign a new bail bond.

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions to compel or for protective orders must include an affidavit certifying the good-faith conference effort and identifying its date, time, and participants.

All motions to compel discovery or for a protective order precluding or limiting discovery must be accompanied by an affidavit by the movant certifying that, after the movant in good faith has conferred or attempted to confer with the opposing party to resolve the discovery dispute without court action, the parties are unable to reach an accord. The affidavit must recite the date and time of the conference or conferences and the names of all parties participating in the conference or conferences.

CRITICAL

Applies to

Bail motion

Unless otherwise agreed, bail motions must be written, comply with victims’ rights, and be filed and served at least two business days before the hearing.

Unless otherwise agreed, all bail motions must be in writing, comply with victim’s rights, and filed and served at least two (2) business days prior to being heard.

CRITICALCivil cases

Applies to

Guardian ad litem appointment petition

An attorney seeking appointment as guardian ad litem who represents another party in the matter must disclose that representation and explain why it creates no conflict.

If an attorney petitioning for appointment as guardian ad litem represents another party(ies) in the same matter, the attorney must disclose the representation to the Court and explain how that representation will not create a conflict of interest in acting as guardian ad litem.

CRITICAL

Applies to

Dhhs records request

A GAL or Advocate Counsel requesting juvenile DHHS records must provide the Department a copy of the appointment order before receiving verbal or written information.

In order to comply with HIPAA, requests for Department of Health and Human Services records in Juvenile matters Guardian ad Litem or Advocate Counsel are required to provide a copy of the Order Appointing GAL/Advocate Counsel to the Department before they will share any verbal or written information with you.

CRITICAL

Applies to

Waiver and consent

Informal administration in an intestate succession case requires signed waivers and consents from all interested persons, including nominated personal representatives, approving the procedure and appointment.

An informal administration can only be used in an intestate succession case if all interested persons, including any nominated personal representatives, sign a waiver and consent consenting to the use of informal administration and the appointment of the same personal representative(s).

CRITICALCivil cases

Applies to

Interpreter request

A written interpreter request on state form GF-149 must be submitted 10 business days before the hearing.

(1)        If a party or witness needs the assistance of an interpreter for a hearing, the party or his/her attorney or the party calling the witness must submit a written request using state form GF-149 for an interpreter ten (10) business days in advance of the hearing to permit the retention and appearance of an interpreter.

CRITICAL

Applies to

Insolvent estate formal closing

File a demand for formal proceedings and close the estate as a formal administration by filing the inventory, an accounting, the closing certificate for fiduciaries, final judgment, and judgment on claims; paying the filing fee; and having a hearing on notice to all unsatisfied creditors, heirs, and residual beneficiaries.

File a demand for formal proceedings and close the estate as a formal administration by filing the inventory, an accounting, the closing certificate for fiduciaries, final judgment, and judgment on claims; paying the filing fee; and having a hearing on notice to all unsatisfied creditors, heirs, and residual beneficiaries.

CRITICALCivil cases

Applies to

Confidential material filing

A party filing material claimed confidential must include either a motion to seal or an objection with a statement that the designating person received the objection.

Any party filing material claimed to be confidential under subsection (6) must include with that filing either: (1) a motion to seal the material pursuant to this rule; or (2) an objection to the designation of the material as confidential and a statement that the objection to the designation has been provided to the person claiming confidentiality.

CRITICALCivil cases

Applies to

Eviction damages affidavit

The damages affidavit must itemize the plaintiff’s damages and be accompanied by proof of mailing to the defendant’s last known address.

Ten (10) calendar days before any hearing on damages, the plaintiff must file an affidavit itemizing the plaintiff’s damages along with proof of mailing to defendant’s last known address.

CRITICALCivil cases

Applies to

Default judgment notice of motion

THIS MOTION IS BEING FILED UNDER WAUKESHA COUNTY – CIVIL LOCAL RULE 3.2. IF YOU OBJECT TO THIS MOTION YOU MUST FILE YOUR OBJECTION IN WRITING TO THE COURT WITHIN ELEVEN (11) CALENDAR DAYS FROM THE DATE OF THIS NOTICE. IF NO OBJECTION IS RECEIVED WITHIN THAT TIME, THE COURT MAY GRANT THE MOVING PARTY’S REQUEST FOR JUDGMENT WITHOUT FURTHER HEARING. A COPY OF ANYTHING FILED WITH THE COURT MUST ALSO BE SENT TO THE ATTORNEY LISTED BELOW.

THIS MOTION IS BEING FILED UNDER WAUKESHA COUNTY – CIVIL LOCAL RULE 3.2. IF YOU OBJECT TO THIS MOTION YOU MUST FILE YOUR OBJECTION IN WRITING TO THE COURT WITHIN ELEVEN (11) CALENDAR DAYS FROM THE DATE OF THIS NOTICE. IF NO OBJECTION IS RECEIVED WITHIN THAT TIME, THE COURT MAY GRANT THE MOVING PARTY’S REQUEST FOR JUDGMENT WITHOUT FURTHER HEARING. A COPY OF ANYTHING FILED WITH THE COURT MUST ALSO BE SENT TO THE ATTORNEY LISTED BELOW.

CRITICALCivil cases

Applies to

Summary judgment supporting memorandum

Factual assertions in supporting memoranda must cite the corresponding numbered paragraph in a facts statement.

Assertions of facts in the parties’ supporting memoranda must refer to the corresponding numbered paragraph of the statement of facts, statement of additional facts, or statement of stipulated facts.