Waukesha County Circuit Court Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Party retained appraisal report

A party-retained appraiser's report must be furnished to the other parties at least 30 days before trial unless the Court orders otherwise.

The report of a party-retained  appraiser must be furnished to the other party(s) at least thirty (30) days prior to the commencement of the trial or as otherwise ordered by the Court.

CRITICAL

Applies to

Petition

In privately filed CHIPS or JIPS actions, Corporation Counsel must be added as a party, DHHS as a notice recipient, and both must receive the petition.

For all privately filed CHIPS or JIPS actions, Waukesha County Corporation Counsel will automatically be added as a party, Waukesha County Department of Health and Human Services will be added as a notice recipient, and both will be provided a copy of the petition.

CRITICAL

The filing party must serve all parties or their attorneys of record and must also serve Waukesha County DHHS when it is involved.

The filing party is responsible for serving a copy of the document upon all parties to the matter, or their attorneys of record, additionally if there is Waukesha County Department of Health and Human Services involvement they are also to be served- they do not have access to the eFiling system.

CRITICALCivil cases

Service on parties who have not opted into e-filing must comply with Wis. Stat. §801.14.

Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. §801.14.

CRITICAL

Parties who have not opted into electronic filing must be served in compliance with Wis. Stat. §801.14.

Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. §801.14.

CRITICAL

Discovery documents not filed with the assigned judge must be served on other counsel or unrepresented parties and include a certified proof-of-service statement with the service date, manner, and recipients.

All discovery documents not filed with the assigned judge pursuant to Wis. Stats §804.01(6) shall be served on all other counsel of record and/or parties not represented by counsel of record and shall contain proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service.

CRITICAL

Deadline

2 business days

Applies to

Bail motion

Unless otherwise agreed, bail motions must be 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.

CRITICAL

Applies to

Proposed order or findings

The filer must serve all parties and inform the court in writing whether they approve the proposed document or 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.

CRITICALCivil cases

An adjournment request must confirm service on all parties.

Absent exigent circumstances, any request for an adjournment must be made in writing, specify the reason for such request, and confirm service on all parties.

CRITICAL

Applies to

Proposed exhibit

Failure to file exhibits as required or provide copies to opposing parties by the time of filing may result in the exhibits not being admitted or considered.

Failure to file exhibits as specified above or in a court order, or failure to provide copies of the proposed exhibits to the opposing party(ies) at or before the time filed with the Court, may result in the proposed exhibit(s) not being admitted or considered by the Court.

CRITICALCivil cases

Applies to

School letter

A copy of the school letter must be provided to every other party under the local eleven-day rule.

A copy of the letter must be provided to any other party under the local eleven-day rule.

CRITICALCivil cases

Service

Electronic service to all parties

Electronic filing constitutes service on parties who opted into the e-filing system, subject to statutory and local-rule exceptions.

EFiling a document electronically will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules.

CRITICAL

The movant must serve the motion on all parties, their attorneys of record, statutorily required recipients, and involved Waukesha County DHHS.

The movant is responsible for serving a copy of the document upon all parties to the matter, their attorneys of record, and anyone else required by statute. Additionally if there is Waukesha County Department of Health and Human Services involvement they are also to be served.

CRITICALCivil cases

A party may call the court-appointed appraiser at its own expense but must give the other parties written notice at least 30 days before trial.

Any party may, however, call the court-appointed appraiser to testify at that party’s own expense. If calling the appraiser at trial, the party must give written notice to the other party(s) at least thirty (30) days prior to trial.

CRITICALCivil cases

Applies to

Proposed order findings or similar

A party filing a proposed order, findings, or similar document must serve all parties and advise the Court in writing whether they approve or the document 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.

CRITICALCivil cases

Applies to

Pleadings

Proof of service for pleadings must be filed with the family division office within the statutory time limit.

Proof of service of pleadings must be filed with the family division office within the statutory time limit.

CRITICALCivil cases

Applies to

Eviction damages affidavit

Service

Mail to opposing party

The plaintiff must mail the damages affidavit to the defendant’s last known address and file proof of mailing.

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

Small claims answer

The defendant must serve the answer on the plaintiff or the plaintiff’s attorney under Rule 1.1(3).

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).

CRITICALCivil cases

Applies to

Findings conclusions and judgment

If the respondent is unrepresented, the petitioner must submit the Findings, Conclusions, and Judgment for approval by countersignature under the eleven-day rule.

If the respondent is not represented by an attorney, the petitioner must submit the Findings of Fact, Conclusions of Law and Judgment of Divorce to the respondent for approval by countersignature under the eleven-day rule.

CRITICALCivil cases

Applies to

Findings conclusions and judgment

When the respondent is represented, the Findings, Conclusions, and Judgment must be submitted to the respondent's attorney for approval before filing.

If the respondent is represented by an attorney, the Findings of Fact, Conclusions of Law and Judgment of Divorce must be submitted to the respondent’s attorney for approval prior to filing with the Court.

CRITICALCivil cases

The filing party must serve a copy of the document on every party or that party’s attorney of record.

The filing party is responsible for serving a copy of the document upon all parties to the matter or their attorneys of record.

CRITICAL

The filing party must serve all interested parties and their attorneys; e-filing serves opted-in parties, while service on non-opted-in parties must comply with Wis. Stat. §801.14, and service should occur without delay after filing.

As required by Wisconsin Statutes, the party submitting a paper to the Court for filing is responsible for serving a copy of the paper upon all interested parties to the matter and their attorneys of record. eFiling a document will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules. Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. §801.14. Service on parties should be accomplished in a manner that ensures, to the extent possible, that there is no period of delay between the filing of documents and service of those documents on the parties.

CRITICAL

Copies, excluding the closing certificate, must be provided to unsatisfied creditors, heirs, and beneficiaries, and an affidavit of service must be filed for the specified documents.

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

CRITICALCivil cases

Applies to

Demand for trial

Service

Mail to all parties

A trial demand must be filed with the Court and mailed to all parties, and proof of mailing must be filed before obtaining a hearing date.

The demand for trial must be filed with the Court and mailed to all parties. Proof of mailing must be filed with the Court prior to obtaining a hearing date.

CRITICALCivil cases

Deadline

2 business days

Applies to

Proposed exhibit

Proposed exhibits must be made available to the opposing side by filing or by providing copies at least 2 business days before the hearing.

For all matters scheduled for hearing, all proposed exhibits must be e-filed with the Clerk of Courts office and made available by such filing or by providing copies to the opposing side at least 2 business days in advance.

CRITICALCivil cases

A party exercising the option to object and hire its own appraiser must provide written notice to the Court and opposing party.

A party may object to the report of the court-appointed appraiser and hire the party’s own appraiser, provided written objection and notice is given to the court and the opposing party within fifteen (15) days after receipt of the court-appointed appraiser's report.

CRITICAL

Applies to

Proposed exhibits

Absent good cause, failure to file exhibits as required or provide copies to opposing parties at or before filing may result in the exhibits not being admitted or considered.

(3) Absent good cause, failure to file exhibits as specified above or in a court order, and the failure to provide copies of the proposed exhibits to the opposing party(ies) at or before the time filed with the Court may result in the proposed exhibit(s) not being admitted or considered by the Court.

CRITICALCivil cases

The filer must serve all parties and advise the Court in writing whether they approve the proposed submission or 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

Service

Electronic service to all parties

Electronic filing constitutes service on parties who opted into the system, subject to statutory and rule-based exceptions.

EFiling a document electronically will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules.

CRITICAL

Applies to

Proposed order findings or similar document

The filing party must serve the document on all parties and advise the Court in writing whether the other parties approve it or 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.

WARNING

A party submitting material to the Court may do so if copies are given to all parties.

Any party may submit material to the Court, with copies given to all the parties.

WARNING

If an adjournment is granted, the requesting party must notify all parties.

If the adjournment is granted, the party requesting the adjournment must notify all parties of the adjournment.

WARNING

If requested, a copy of the order terminating parental rights can be provided to Waukesha County Child Support without Court order. The parent who wishes to modify child support must provide a copy for all other jurisdictions.

If requested, a copy of the order terminating parental rights can be provided to Waukesha County Child Support without Court order. The parent who wishes to modify child support must provide a copy for all other jurisdictions.

WARNINGCivil cases

Proposed exhibits must be provided to opposing parties no later than filing with the Court; noncompliance may result in exclusion.

Failure to file exhibits as specified above or in a court order, and the failure to provide copies of the proposed exhibits to the opposing party(ies) at or before the time filed with the Court may result in the proposed exhibit(s) not being admitted or considered by the Court.

WARNING

Parties should be served as promptly as possible after filing to avoid delay.

Service on parties should be accomplished in a manner that ensures to the extent possible that there is no period of delay between the filing of documents and service of those documents on the parties.

WARNINGCivil cases

Parties should serve documents as promptly after filing as possible to avoid delay.

Service on parties should be accomplished in a manner that ensures to the extent possible that there is no period of delay between the filing of documents and service of those documents on the parties.

INFOCivil cases

Service

Mail to opposing party

After unsuccessful personal service, a plaintiff may serve by mail a non-eviction small-claims summons and complaint on a defendant residing in Waukesha County.

Plaintiffs who have attempted personal service of a non-eviction small claims summons and complaint on a defendant residing in Waukesha County and failed to effect service may serve the defendant by mail.