Waukesha County Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Findings conclusions and judgment

The petitioner or the petitioner's attorney must draft and file the Findings, Conclusions, and Judgment within 30 days after judgment, unless the parties agree otherwise.

The Findings of Fact, Conclusions of Law and Judgement of Divorce, Legal Separation, or Annulment must be drafted by the petitioner or petitioner’s attorney, unless mutually agreed otherwise, and must be submitted to the Court and filed with the Family Clerk of Court within thirty (30) days after judgment is granted.

CRITICAL

Applies to

Motion

Absent good cause, a motion must be filed in writing before it will be scheduled for hearing.

Absent good cause, no motion will be scheduled for hearing prior to it having been filed in writing with the Court.

CRITICALCivil cases

Applies to

Interpreter request

A party, attorney, or witness-calling party needing an interpreter must submit a written GF-149 request sufficiently before the hearing to secure an interpreter.

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 sufficiently in advance of the hearing to permit the retention and appearance of an interpreter.

CRITICALCivil cases

Applies to

Summary judgment opposition

An opposing party must file within 30 days a memorandum, paragraph-by-paragraph factual response, supported additional-facts statement, and opposing materials.

Each party opposing a motion for summary judgment must file within 30 days of service of the motion and the materials required by subsection (2) above: (a) a memorandum of law; (b) a concise response to the moving party’s statement of facts that must contain: a reproduction of each numbered paragraph in the moving party’s statement of facts followed by a response to each paragraph, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting material relied upon; (c) a statement, consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment, including references to the affidavits, parts of the record, and other supporting materials relied upon to support the facts described in that paragraph; and (d) any opposing affidavits and other materials referred to under Wis. Stat. §802.08.

CRITICAL

Applies to

Non scannable exhibit

Before offering a non-scannable exhibit, the proffering party must provide the clerk a true and correct copy and a sworn affidavit concerning its contents.

Prior to offering the exhibit, a true and correct copy must be produced to the Court’s clerk along with a sworn affidavit to its contents.

CRITICAL

Applies to

Estate closing

A Wisconsin Closing Certificate for Fiduciaries must be filed before any estate closes unless the court waives it.

A Wisconsin Closing Certificate for Fiduciaries must be filed with the Court prior to the closing of any estate, unless waived by the Court.

CRITICALCivil cases

Applies to

Summary judgment motion

A summary-judgment movant must file a memorandum, stipulated-facts statement, proposed material-facts statement in the specified numbered and supported format, and supporting materials.

Along with the notice of motion and motion, the moving party must file (a) a memorandum of law; (b) a statement setting forth any material facts to which all parties have stipulated; (c) a statement of proposed material facts as to which the moving party contends there is no genuine issue and that entitle moving party to a judgment as a matter of law; the statement shall consist of short numbered paragraphs, each containing a single material fact, including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials relied upon to support the fact described in that paragraph; and (d) any affidavits and other materials referred to under Wis. Stat. §802.08.

CRITICAL

Applies to

Motion

Each motion must state the relief sought and its legal and factual basis.

All motions must state the relief sought, and the legal and factual basis.

CRITICALCivil cases

Applies to

Ex parte proceeding

In an ex parte proceeding, an attorney must disclose all known material facts, including facts adverse to the attorney’s position.

In an ex parte proceeding, an attorney must inform the Court of all material facts known to the attorney to enable the Court to make an informed decision, even those facts adverse to the attorney’s position, as required by Supreme Court Rule 20:3.3(d).

CRITICAL

Applies to

Minor estate guardianship petition

A petition for guardianship of a minor’s estate must be filed as a separate probate case.

Guardianship of the minor estate petitions must be filed as a separate probate case.

CRITICAL

Applies to

Affidavit of indigency

A party seeking a fee waiver based on financial inability to pay must complete an affidavit of indigency.

Shall be completed by the party seeking to waive fees due to financial inability to pay.

CRITICAL

Applies to

Discovery response

An objection or answer to a discovery request must reproduce the request it addresses.

An objection or answer to an interrogatory, request to produce a document, or request for admission must reproduce the request to which it refers.

CRITICAL

Applies to

Interpreter request

A party, attorney, or witness-calling party needing an interpreter must submit a written request on state form GF-149 sufficiently in advance for an interpreter to be retained and appear.

(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 sufficiently in advance of the hearing to permit the retention and appearance of an interpreter.

CRITICALCivil cases

Applies to

Pretrial filing

Parties must file a Financial Disclosure Statement before the Pretrial Conference unless good cause exists.

Absent good cause, parties must file a Financial Disclosure Statement with the court before the Pretrial Conference, as per the Pretrial Order and Wisconsin Statutes.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state whether the hearing will occur by video or telephone conference.

The Notice of Hearing will state whether a hearing is scheduled to occur via video or telephone conferencing.

CRITICALCivil cases

Applies to

Guardian ad litem submission

A guardian ad litem must represent that there are no known relevant conflicts and disclose potential conflicts in the attorney’s role.

A guardian ad litem must represent to the Court that there are no known conflicts of interest that impact the guardian ad litem’s involvement in the case and recommendation to the Court, and must disclose any potential conflicts of interest in the attorney’s role.

CRITICAL

Applies to

Interpreter request

Unless the petition notes the need, a party or witness needing an interpreter must file state form GF-149 sufficiently in advance of the hearing.

Unless noted on the petition, if a party or witness needs the assistance of an interpreter for a hearing, state form GF-149 Interpreter Request must be filed with the Court sufficiently in advance of the hearing.

CRITICAL

Applies to

Will filing

When a will is filed without probate under Wis. Stat. §865.05, it must be accompanied by an Affidavit of No Probate or a letter containing the specified decedent and will information.

If the Will is filed and probate will not be necessary per Wis. Stat. §865.05, the Will shall be filed with an Affidavit of No Probate or a letter that shall contain the decedent’s full name, date of birth, date of death, date of execution of the Will, and address, including zip code, at the time of the decedent’s death.

CRITICAL

Applies to

Proposed order findings or similar document

The filing party must tell the Court in writing whether the other parties approve the document or whether it is filed under the 11-day rule.

A party filing a proposed order, findings or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.

CRITICAL

Applies to

Guardianship petition

Emergency, temporary, limited, and full guardianship petitions for the same child must be filed separately as independent cases.

Emergency, Temporary, Limited and Full Guardianship Petitions for the same child must be filed separately as independent cases.

CRITICALCivil cases

Applies to

Mediation submission

Must include

proposed order

If a party has no attorney, FCS will send the Court the signed agreement and a proposed order for signature and filing.

If there is not an attorney, FCS will send the Court the signed agreement and a proposed order for signature and filing.

CRITICALCivil cases

Applies to

Ex parte emergency relief request

Except for the listed statutory petitions, an ex parte emergency-relief request must include a written account of the good-faith notice effort and the request’s nature and presentation time; the Court may waive notice for written good cause.

Except for petitions filed under Wis. Stat. §813.12, §813.122, §813.123, or §813.125, any party requesting an ex parte temporary restraining order, temporary injunction, or other emergency relief must include a written statement documenting the party’s good faith effort to inform the party sought to be restrained or otherwise subject to the motion, or that party's attorney, if known, of the nature of the request and when it will be presented to the Court. The notification requirement may be waived by the Court for good cause submitted in writing.

CRITICAL

Applies to

Bill

Every interim or final bill must include an affidavit of payment form.

All bills must be accompanied by an affidavit of payment form.

CRITICALCivil cases

Applies to

Eviction affidavit

An eviction affidavit must legibly identify the affiant and state the affiant’s relationship to the owner; an attorney affiant must include a State Bar number.

The affiant must legibly print his/her name on the affidavit and state his/her relationship to the property owner. If an attorney signs the affidavit, the attorney must include his/her State Bar number.

CRITICALCivil cases

Applies to

Pleading or written communication

After consolidation, filed pleadings and written communications must include all case captions and refer to the lower case number.

When pleadings or written communications are filed after consolidation, they must include all case captions and reference the lower case number.

CRITICAL

Applies to

Agency home study

The petitioner is responsible for arranging and paying for the agency home study.

The petitioner is responsible for the coordination and payment of this study.

CRITICAL

Applies to

Standby guardian appointment

A proposed standby guardian must complete the state training program and file the completion confirmation with all attachments before appointment.

All proposed standby guardians for guardianships must complete the State of Wisconsin Guardianship Training Program and file the Confirmation of Completion of Guardian Training Program, with all attachments, prior to being appointed as standby guardian.

CRITICALCivil cases

Applies to

Venue change motion

Must include

proposed order

A venue-change motion must include a brief, supporting affidavit, and proposed transfer order identifying which party pays the statutory transfer fees.

A motion for change of venue must be accompanied by a brief and affidavit setting forth the legal and factual grounds for the requested change, along with a proposed order transferring venue. The order must specify which party is responsible for paying the statutory transfer fees.

CRITICAL

Applies to

Facsimile document

The party or attorney must certify that the assigned judge or court commissioner approved an exception to the 15-page limit.

The party or attorney must certify that the assigned judge or court commissioner has approved the exception to the 15-page limit;

CRITICAL

Applies to

Surety bond

Nominated personal representatives in intestate succession proceedings must post a surety bond, except for a qualifying surviving spouse or a Wisconsin-licensed attorney.

The Court requires all nominated personal representatives in an intestate succession estate proceeding to post a surety bond except for the following: (a) a surviving spouse, if the surviving spouse is the nominated personal representative as well as the sole heir-at-law of the estate; or (b) the personal representative is an attorney who is licensed to practice law in the State of Wisconsin.

CRITICALCivil cases

Applies to

Summary judgment reply

A moving party may file a reply memorandum, reply to additional facts in the prescribed form, and reply materials within 14 days after service of the opposition materials.

A moving party may file within 14 days of the service of the opposing party’s materials under subsection (3) above: (a) a reply memorandum of law; (b) a reply to any additional facts submitted by the opposing party pursuant to subsection (3)(c) in the form prescribed in subsection (3)(b) above; and (c) any affidavits and other materials referred to under Wis. Stat. §802.08 submitted in reply.

CRITICAL

Applies to

Discovery motion

The required discovery-motion affidavit must report unsuccessful consultation and identify its date, place, and participants.

All Motions to compel discovery or production of documents pursuant to Wis. Stats. §804, or any motion to serve additional interrogatories pursuant to Rule 3.3 must be accompanied by an affidavit by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

WARNING

Applies to

Formal administration

In a formal administration, proof that the transfer of real estate to beneficiaries or heirs was recorded must be filed with the court.

In a formal administration, proof of the recording of the transfer of any real estate to beneficiaries or heirs must be filed with the Court.

WARNING

Applies to

Attorney appointment application

Attorneys seeking Circuit Court appointments must complete and submit the Appointed Attorney Agreement and Profile Information Form to the Clerk of Circuit Court.

All attorneys who wish to receive appointments from the Circuit Court must complete and submit the Appointed Attorney Agreement and the Appointed Attorney Profile Information Form with the Waukesha County Clerk of Circuit Court.

WARNING

Applies to

Guardian of estate discharge

For discharge of a guardian of a deceased ward’s estate, file notice of death, the court-approved final account, and a proper signed receipt and release with proof of the recipient’s authority; discharge is ordinarily ordered absent special circumstances.

Upon the filing of a notice of the death of the ward, the final account as approved by the Court, and a proper receipt and release signed by the appropriate recipient having authority over the ward's estate (with attached proof of that authority), the Judge or Court Commissioner will, absent special circumstances, issue an Order of Discharge of the guardian of the estate.

WARNING

Applies to

Guardian of estate discharge

For discharge of a guardian of a minor’s estate, file proof that the ward reached 18, the final account, and the ward’s signed receipt and release; discharge is ordinarily ordered absent special circumstances.

Upon the filing of proof of the ward reaching the age of eighteen, the final account, and the receipt and release signed by the ward, the Judge or Court Commissioner ordinarily will, absent special circumstances, issue an Order of Discharge of the guardian of the estate.

WARNINGCivil cases

Applies to

Mediation status letter

If mediation is unsuccessful, a letter stating the case status will be sent to the Court, the parties' attorneys, and the guardian ad litem.

If mediation is unsuccessful, a letter which sets forth the status of the case will be sent to the Court, the parties' attorneys and the guardian ad litem.

WARNING

Applies to

Accounting waiver

If an accounting is waived, the court must be given documentation that residual beneficiaries or heirs were advised of the personal representative’s and attorney’s fees.

If an accounting is waived, documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the Court.

WARNING

Applies to

Papers commencing an action

Papers commencing an action must identify the initiating person and, if involved, the attorney, including the attorney’s state bar number.

All papers commencing an action will include the name, address, and telephone number of the person commencing the action. If an attorney is involved in the proceeding, the papers will also contain this information for the attorney, along with the attorney's state bar number.

WARNING

Applies to

Interpreter request

A party or witness needing an interpreter requires a written request on state form GF-149 submitted sufficiently early to retain and arrange for the interpreter.

If a party or witness requires 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 sufficiently in advance of the hearing to permit the retention and appearance of an interpreter.

WARNINGCivil cases

Applies to

Proposed exhibit

Failure to file exhibits and provide copies to opposing parties may result in the Court not considering them.

Failure to file and provide copies to opposing parties may result in the exhibit not being considered by the Court.

WARNING

Applies to

Confidential transmission request

Requests for confidential transmission must be submitted to the Register in Probate for review and approval in advance.

Any requests for confidential transmission must be submitted to the Register in Probate for prior review and approval.

WARNING

Applies to

Updated financial documentation

The Clerk of Circuit Court, Business Center may require updated financial documentation when a defendant’s Payment Agreement extends beyond one year.

The Clerk of Circuit Court, Business Center may require that defendants submit updated financial documentation if their Payment Agreements extend more than one (1) year.

WARNING

Applies to

Facsimile filing

A duplicate may satisfy the handwritten-signature requirement for fax-filed papers if the original bears the handwritten signature and is retained by the signing party or attorney.

The requirement of a handwritten signature subscribing papers filed in court may be satisfied by a duplicate, as defined in Wisconsin Statutes, if a handwritten signature appears on the original document and the signing party or his or her attorney retains the original document.

WARNING

Applies to

Stipulation

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court.

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court.

WARNING

Applies to

Order

An order filed with the court must be submitted as a separate document.

Where an order is filed with the court, it must be presented as a separate document from any other documents pertaining to the issue.

WARNING

Applies to

Will

Only an original will may be filed without a hearing.

Only original wills will be accepted for filing with the court without a hearing.

WARNING

Applies to

Fees order

The aforementioned language should be entered into a separate fees order for the recovery of costs.

The aforementioned language should be entered into a separate fees order for the recovery of costs.

INFO

Applies to

Waivers and consents

An informal administration requires no court hearing when all interested persons file waivers and consents.

In an informal administration, a court hearing is not required when waivers and consents are filed by all interested persons.

INFOCivil cases

Applies to

Guardian ad litem appointment request

A party may petition the assigned judge for appointment of a GAL, either in writing or on the record.

Any party may petition, in writing or on the record, to the assigned judge for appointment of a Guardian Ad Litem.