Waupaca County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Summary Judgment Motions
- 1 copy
Adjournments
- Continuance requests require good cause and court approval; stipulated requests also require the Court’s consent, non-stipulated requests must be made by motion and hearing, and victim-rights concerns must be advised to and considered by the Court before a continuance is granted.
- Continuance requests require good cause and Court approval; stipulated requests also require Court consent, while non-stipulated requests must be made by motion and hearing.
- The Family Court Commissioner may, at the Commissioner's discretion, continue a matter until the financial disclosure is filed.
Request must include
Communication
Phone
Page & Word Limits3 rules
Unless authorized by the Court, briefs on all motions except Summary Judgment motions (see Rule 8.05), shall be no more than seven double-spaced pages.
- Brief
- Up to 7 pages
- Format
- Double-spaced
- All motions
Any brief supporting or opposing summary judgment shall not exceed ten (10) pages double-spaced. Any final reply brief shall not exceed five (5) pages double-spaced.
- Brief
- Up to 10 pages
- Reply brief
- Up to 5 pages
- Format
- Double-spaced
- Summary judgment motions
Documents submitted by facsimile transmission shall not exceed 15 pages unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis.
- Facsimile transmission
- Up to 15 pages
Document Format Requirements4 rules
3.02 Objection to dismissal shall be made in writing to the assigned judge of the action to be dismissed.
All exhibits shall be presented to the clerk to mark with the appropriate number.
Prior to any proceedings, the party wishing to utilize the aforementioned evidence shall determine whether it is compatible with the Court's audio/visual equipment or provide a device for the playing of same.
8.18 All exhibits shall be presented to the clerk to mark with the appropriate number.
- Exhibits
Formatting
- •Present all exhibits to the clerk for marking with the appropriate number
Document Filing Requirements36 rules
All motions shall state the supporting statute or statutes.
The opposing party shall serve and file a written response with a citation of authorities at least ten (10) days before the hearing.
When commencing a mortgage foreclosure action, the plaintiff shall attach to the Summons and Complaint, Notice of Availability of Mediation with the Winnebago Conflict Resolution Center.
The notice shall provide that in the event defendant does not request a hearing from the Court in writing on plaintiffs motion within fifteen (15) days of the date of notice, default judgment may be entered.
Reference to documents in the case file or depositions is not permitted. Pertinent parts of documents, depositions, interrogatories, or admissions shall be reproduced, attached, and highlighted.
Upon the expiration of the time to request a hearing, plaintiff may apply to the Court for default judgment, accompanied by an affidavit of default including the fact the aforesaid notice was provided to the defendant.
All supporting affidavits and documents shall be attached as appendices or exhibits to the motion or brief.
If consolidation is granted, the order must include a signature line for approval by all assigned judges.
Court's wording
Motions to consolidate shall be assigned to and heard by the judge with the earliest filed case. If consolidation is granted, the cases shall be assigned to the judge with the earliest case and the order shall include a signature line for the approval of all the assigned judges.
8.17 Any attorney or pro se litigant who is required by statute or directed by a judge to prepare Findings of Fact, Conclusions of Law and/or Judgment, or other order(s), shall prepare the appropriate documents) for the judge's signature and filing no later than 30 days after relief is granted. Unless specifically controlled by statute or otherwise ordered by the judge, it is the responsibility of the moving party and/or his/her attorney to draft and submit the appropriate documents).
Motions to compel discovery or for a protective order under Chapter 804 must include the movant’s written statement that the parties could not resolve the dispute, including the conference date, place, and participants.
Court's wording
8.15 Discovery Motions - Good Faith Effort to Resolve: All motions to compel discovery or for protective order pursuant to Chapter 804 of the Wisconsin Statutes must be accompanied by a statement in writing by the movant that, after consultation with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. Such statement shall recite the date, place, and name of all parties participating in such conference.
A Plea Questionnaire and Waiver of Rights form shall be completed by the defendant and any attorney for the defendant, and submitted to the Court at the time of the plea to any criminal charge.
Unless otherwise ordered by the Court, any party wishing to utilize evidence at trial contained in an audio tape, video tape, CD, DVD, or other recorded format must prepare a transcript and provide a copy to the Court and opposing counsel at the final status/pre-trial conference.
In consolidated creditors actions brought pursuant to Wis. Stat. § 21 8.04(9j), the Summons and Complaint must be prepared by an attorney or at the direction of an attorney.
In a collect account action, the complaint and summons must itemize by date the goods or services provided, either directly or through an attached copy of the business charges.
Court's wording
A plaintiff in any collect account action for goods provided or services rendered (for example, medical services, farm supplies, consumer running accounts, or any other similar account(s)) is required in the Complaint (and Summons) to itemize by date, the goods provided, or services rendered. This may be done directly on the Complaint or by attaching a copy of such business charges to the Complaint.
Any attorney or pro se litigant who is required by statute or directed by a judge to prepare Findings of Fact, Conclusions of Law and/or Judgment, or other order(s), shall prepare the appropriate documents) for the judge's signature and filing no later than 30 days after relief is granted.
The individual creditor or creditors' names must be listed in the caption, or the check box that states, "See attached for multiple plaintiffs" must be checked with the attachment listing each creditor's individual claims) and their address
Must include
- •Caption
The attorney filing the action must apportion costs between creditors and submit a bill of costs to the Court.
Court's wording
The attorney filing the action will be required to apportion the costs between creditors and submit a bill of costs to the Court so that the judgment can properly reflect the portion of the costs awarded to each creditor.
Prior to any stipulated hearing with pro se parties, the parties shall file completed disclosure statements, a Marital Settlement Agreement or Proposed Marital Settlement Agreement, and proposed Findings of Fact, Conclusions of Law and Judgment of Divorce.
At temporary order hearings, both parties shall bring wage statements from their respective employers for a period of twelve (12) weeks prior to the hearing date, a Financial Disclosure Statement signed under oath, and copies of state and federal income tax returns for the two prior years in the possession or control of each party.
The stipulation and order must state the date for reporting the reconciliation status and include a request for dismissal or resumption of proceedings.
Court's wording
11.07 The stipulation and order referred to in Rule I1.06 shall indicate the date by which the parties must report to the Court the status of the reconciliation, together with the request for dismissal of the divorce action or a resumption of proceedings.
11.06 All stipulations for orders to suspend proceedings in divorce actions to attempt reconciliation shall be submitted to the presiding judge for approval.
Any subsequent written order must notify a party directed to pay the annual receiving and disbursing fee of the payment requirement and fee amount.
Court's wording
11.17 Every party, by order or stipulation, directed to make payments of an annual receiving and disbursing fee under Rule 11.14 shall be notified of the requirement to pay the fee and the amount of the fee by including the provisions concerning the fee in any subsequent written order.
Unless an applicable exception applies, both parties in an action affecting the family must appear at trial, and the moving party must procure an order requiring their appearance.
Court's wording
11.20 Pursuant to Wis. Stat. § 767.235(2), unless non-residence in the State is shown by competent evidence, service by publication, or the Court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the Court or Family Court Commissioner to that effect shall accordingly be procured by the moving party.
Any attorney representing a corporate personal representative must submit an itemized time billing in order to secure approval for attorneys fees. The itemization must be attached to the final account.
Pro se litigants filing an action must bring the specified findings, conclusions, and divorce judgment to the final hearing; otherwise, the stipulated divorce hearing will be rescheduled.
Court's wording
Pro se litigants filing an action must bring the Findings of Fact, Conclusions of Law, and Judgment of Divorce with them to the final hearing. If they do not have the Findings of Fact, Conclusions of Law, and Judgment of Divorce with them at the scheduled time for the stipulated divorce hearing, the case will not be heard and will be rescheduled to enable them to prepare the Findings of Fact, Conclusions of Law, and Judgment of Divorce.
Any attorney or pro se litigant who is required by statute or directed by a judge to prepare Findings of Fact, Conclusions of Law and/or Judgment, or other order(s), shall prepare the appropriate document(s) for the judge's signature and filing no later than 30 days after order entered.
Any attorney or pro se litigant who is required by statute or directed by a judge to prepare Findings of Fact, Conclusions of Law and/or Judgment, or other order(s), shall prepare the appropriate documents) for the judge's signature and filing
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.
14.03 A Plea Questionnaire must be completed prior to the acceptance of any plea or admission.
Any request for a transcript must be made in writing with a copy to the appropriate reporter and the original filed with the Clerk of Courts Office.
19.05 All litigants and attorneys must provide the Clerk of Courts Office notice of any address change in writing within forty-eight (48) hours.
Notwithstanding the foregoing, if a submitting attorney certifies under this rule that a proposed order or judgment was circulated electronically or by mail to all opposing counsel who all affirmatively responded that they approved of or had no objection to the proposed order or judgment, the Court may choose to sign the document immediately.
Generally, civil cases will be commenced with the filing of a Summons and Complaint.
A brief statement of facts and proposition of law relied upon with citation of the authorities in support of the relief requested may be required.
Parties should bring relevant and material documents and/or evidence helpful to the understanding of a party's claim.
No pre-trial or trial will be held, in the discretion of the Court, until such itemization is provided to the Court and defendant(s).
Filing & Service rules
Electronic Filing Rules
Facsimile documents transmitted directly to the Courts shall be accepted for filing if: a. Pursuant to Wis. Stat. § 801.16, the filing of pleadings or other papers with the Clerk of Circuit Court or Register in Probate, do not require a filing fee, and the facsimile transmission is to a plain-paper facsimile machine at a telephone number designated by the Court. Documents submitted by facsimile transmission shall not exceed 15 pages unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis. b. 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. Documents filed under this rule may be transmitted to the following number: (715) 258-6497.
Facsimile documents transmitted directly to the Courts shall be accepted for filing if: a. Pursuant to Wis. Stat. § 801.16, the filing of pleadings or other papers with the Clerk of Circuit Court or Register in Probate, do not require a filing fee, and the facsimile transmission is to a plain-paper facsimile machine at a telephone number designated by the Court. Documents submitted by facsimile transmission shall not exceed 15 pages unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis. b. 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. Documents filed under this rule may be transmitted to the following number: (715) 258-6497.
Page 22 | 13.00
Papers sent through a non-court fax machine for delivery to the clerk are accepted for filing only if the transmission complies with local rules or is approved by the assigned judge or court commissioner and certified by the party or attorney.
13.04 If papers are transmitted to a plain-paper facsimile machine of a non-court agency, party, or company for the receipt, transmittal, and delivery to the Clerk of Circuit Court, the Clerk of Circuit Court shall accept the papers for filing only if the transmission complies with these local rules or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
Page 23 | 13.04
Electronically filed documents must be filed pursuant to Wisconsin Statute § 801.17.
13.06 Electronically filed documents shall be filed pursuant to Wis. Stat. § 801.17.
Page 23 | 13.06
Filing Timing and Cure Windows
A suspended action will be dismissed without notice unless the Court receives notice that the stay was lifted or the bankruptcy petition dismissed within 120 days after receiving the stay notice; the plaintiff may reopen the matter upon notice that the stay was lifted or proceedings terminated.
3.05 Pending actions will be suspended upon receipt of a notice of stay from the United States Bankruptcy Court. Unless a notice that the stay has been lifted or that the bankruptcy petition has been dismissed is received by the Court within 120 days of the receipt of the notice of stay, the suspended action will be dismissed without notice to any party. The plaintiff may reopen the matter upon notice that the bankruptcy stay has been lifted or that the bankruptcy proceedings have been terminated.
Page 3 | 3.05
Formal and informal estates must be closed, or a petition for extension filed, within 18 months of opening.
3.03 All formal and informal estates shall be closed or, in the alternative, a petition for extension filed within eighteen (18) months of the estate's opening.
Page 3 | 3.03
All documents must be filed with the Court at least twenty days before the hearing.
All documents shall be served upon the opposing party and filed with the Court at least twenty (20) days before the hearing.
Page 8 | Rule 8: Civil Practice, 8.04, General Motions
The opposing party must file the written response with citations to authorities at least ten days before the hearing.
The opposing party shall serve and file a written response with a citation of authorities at least ten (10) days before the hearing.
Page 8 | Rule 8: Civil Practice, 8.04, General Motions
Motions, supporting documents, and briefs must be filed at least twenty days before the hearing, unless another rule or court order provides otherwise.
Motion, supporting documents, and briefs shall be filed at least twenty (20) days before the hearing date, unless provided otherwise by these rules or order of the Court.
Page 8 | Rule 8: Civil Practice, 8.04
A defendant must request a hearing in writing within 15 days of the notice date to prevent default judgment from being entered on that basis.
The notice shall provide that in the event defendant does not request a hearing from the Court in writing on plaintiffs motion within fifteen (15) days of the date of notice, default judgment may be entered.
Page 9 | 8.06
The jury fee must be paid no later than the earlier of the scheduling or pretrial conference.
The non-refundable jury fee is payable at or before the scheduling or pretrial conference, whichever comes first.
Page 10 | 8.13
Required findings, conclusions, judgments, or other orders must be prepared for the judge’s signature and filing no later than 30 days after relief is granted.
8.17 Any attorney or pro se litigant who is required by statute or directed by a judge to prepare Findings of Fact, Conclusions of Law and/or Judgment, or other order(s), shall prepare the appropriate documents) for the judge's signature and filing no later than 30 days after relief is granted.
Page 11 | 8.17
The Department of Corrections must file the Pre-Sentence Investigation report with the Clerk of Courts Office no later than seven days before the sentencing hearing.
Not later than seven (7) days prior to the scheduled sentencing hearing, the Department of Corrections shall fille the Pre-Sentence Investigation report with the Clerk of Courts Office.
Page 14 | 9.08
Court-appointed attorneys must submit their billing to the appropriate court within 30 days after completing their appointed duties.
Any attorney appointed by the Court shall submit his/her billing to the appropriate Court no later than 30 days after completion of the counsel's appointed duties.
Page 15 | 9.16
A written answer must be received by the Clerk of Courts Office by the return date stated in the summons.
Such written answer must be received by the Clerk of Courts Office no later than the return date set in the summons.
Page 15 | 10.02
A request for a de novo hearing after an oral decision must be made within 15 days.
within fifteen (15) days of an oral decision by the Court Commissioner.
Page 16 | 10.03
A request for a de novo hearing after a written decision must be made within 10 days.
within 10 days of a written decision of the Court Commissioner
Page 16 | 10.03
Required findings, conclusions, judgments, or other orders must be prepared for the judge’s signature and filing within 30 days after relief is granted.
Any attorney or pro se litigant who is required by statute or directed by a judge to prepare Findings of Fact, Conclusions of Law and/or Judgment, or other order(s), shall prepare the appropriate documents) for the judge's signature and filing no later than 30 days after relief is granted.
Page 16 | 10.06
A landlord has 60 days to submit a final request for damages.
The landlord shall be given sixty (60) days to submit a final request for damages.
Page 17 | Rule 10.09
A party seeking de novo circuit court review must file the appropriate motion no later than 10 days after the Family Court Commissioner's order.
Any party seeking de novo circuit court review of an order made by the Family Court Commissioner shall file the appropriate motion no later than 10 days after the date of the Family Court Commissioner's order to be reviewed.
Page 18 | Rule 11.05
The required documents must be prepared for the judge’s signature and filing no later than 30 days after the order is entered.
shall prepare the appropriate document(s) for the judge's signature and filing no later than 30 days after order entered.
Page 21 | 12.02
The required documents must be prepared for the judge’s signature and filing no later than 30 days after relief is granted.
shall prepare the appropriate documents) for the judge's signature and filing no later than 30 days after relief is granted.
Page 21 | 11.21
Facsimile papers received by the Clerk of Circuit Court during regular business hours, 8:00 a.m. to 4:00 p.m., are considered filed upon receipt.
Facsimile papers are considered filed upon receipt by the Clerk of Circuit Court if received during regular business hours of 8:00 a.m. to 4:00 p.m.
Page 22 | 13.01
13.02 Papers filed by facsimile transmission completed on holidays or weekends by the Clerk of Circuit Courts Office are considered filed the next business day.
13.02 Papers filed by facsimile transmission completed on holidays or weekends by the Clerk of Circuit Courts Office are considered filed the next business day.
Page 23 | 13.02
After-hours fax filings are considered filed that day if submitted by 11:59 p.m. central time as recorded by the court fax machine and later accepted by the clerk; the expanded filing time does not change other deadline calculations.
13.02 Papers filed with the Clerk of Circuit Court by facsimile transmission completed after regular business hours are considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. The expanded availability of time to file shall not affect the calculation of time under other statutes, rules and court orders.
Page 23 | 13.02
Court reports must be submitted to the juvenile clerk at least 72 hours before the dispositional hearing.
Court reports shall be submitted to the juvenile clerk 72 hours prior to the dispositional hearing.
Page 23 | Rule 14: Juvenile Procedure
Notice of an address change must be provided to the Clerk of Courts Office within 48 hours.
19.05 All litigants and attorneys must provide the Clerk of Courts Office notice of any address change in writing within forty-eight (48) hours.
Page 27 | 19.05
An order submitted for a judge's signature is held for five working days after receipt for comment, but the Court may sign it immediately if the submitting attorney certifies that all opposing counsel received it electronically or by mail and affirmatively approved or had no objection.
19.04 Any order submitted by an attorney or party and sent to a judge for signature shall be held for five (5) working days after date of receipt to allow opposing counsel or parties an opportunity to comment. If no objection is received, the Court may sign the order. Notwithstanding the foregoing, if a submitting attorney certifies under this rule that a proposed order or judgment was circulated electronically or by mail to all opposing counsel who all affirmatively responded that they approved of or had no objection to the proposed order or judgment, the Court may choose to sign the document immediately.
Page 27 | 19.04
The plaintiff may apply for default judgment only after the time to request a hearing has expired.
Upon the expiration of the time to request a hearing, plaintiff may apply to the Court for default judgment, accompanied by an affidavit of default including the fact the aforesaid notice was provided to the defendant.
Page 9 | 8.06
If a proposed order in a child support action is provided to the Court within 48 hours of the hearing, an interim child support order is not required.
If a proposed order in a child support action is provided to the Court within forty-eight- hours of the hearing, an interim child support order is not required.
Page 26 | 19.03
Service and Proof of Service Rules
All documents must be served on the opposing party and filed with the Court at least twenty days before the hearing.
All documents shall be served upon the opposing party and filed with the Court at least twenty (20) days before the hearing.
Page 8 | Rule 8: Civil Practice, 8.04, General Motions
The opposing party must serve and file a written response with citations to authorities at least ten days before the hearing.
The opposing party shall serve and file a written response with a citation of authorities at least ten (10) days before the hearing.
Page 8 | Rule 8: Civil Practice, 8.04, General Motions
If the defendant was not personally served, notice of a default judgment motion must be sent by regular mail to the defendant's last known address.
In cases where personal service is not obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to the defendant by regular mail at defendant's last known address.
Page 9 | 8.06
A mortgage or land contract foreclosure requires an open-court hearing by affidavit or testimony, with notice to all defendants at least 10 days beforehand.
8.07 No mortgage/land contract foreclosure shall be granted except upon a hearing in open court by affidavit or testimony; due notice of which shall have been given to all defendants at least ten (10) days prior to the hearing.
Page 10 | 8.07
For service by newspaper, the listed newspaper most likely to notify the party based on the party's last known post office address must be used.
While the county board annually rotates the official paper" among the above listed newspapers for purposes of service of pleadings and other papers, the use of the newspaper from the above listed most likely to notify the party based upon the party's last known post office address shall be utilized.
Page 10 | 8.09
The clerk must mail notice of the final status/pretrial conference and trial date to the district attorney, defense counsel, and the defendant.
Notice of the final status conference/pretrial conference and trial date shall be mailed by clerk to the district attorney, defense counsel, and the defendant.
Page 13 | 9.04
A party using recorded evidence must provide a transcript copy to opposing counsel at the final status/pretrial conference, unless the Court orders otherwise.
Unless otherwise ordered by the Court, any party wishing to utilize evidence at trial contained in an audio tape, video tape, CD, DVD, or other recorded format must prepare a transcript and provide a copy to the Court and opposing counsel at the final status/pre-trial conference.
Page 14 | 9.11
Nonresident defendants in all types of small claims actions must be personally served.
Personal service shall be required on all nonresident defendants in all types of actions.
Page 15 | 10.01
A copy of a written answer must be mailed to the plaintiff’s lawyer, if any, or to the plaintiff.
A copy of the written answer must be mailed to plaintiffs lawyer, if any, or to plaintiff.
Page 15 | 10.02
Eviction actions require personal or substituted service.
Service in eviction actions shall be by personal or substituted service.
Page 15 | 10.01
The party requesting a temporary order hearing must give the other party at least 48 hours’ notice before the hearing.
The party petitioning for a temporary order hearing (Wis. Stat. § 767.23) shall give the other party at least 48 hours notice prior to said hearing.
Page 18 | Rule 11.03
A copy of all findings of fact, conclusions of law, and judgment must be provided to the Family Court Commissioner in family actions.
A copy of all Findings of Fact, Conclusions of Law, and Judgment shall be provided to the Family Court Commissioner in all actions affecting the family.
Page 18 | Rule 11.02
Each party must serve the Family Court Commissioner with a copy of a petition or pleading either within 20 days after serving the opposing party or before filing it in court.
In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleadings or before filing such petition or pleadings in court, serve a copy of the same upon the Family Court Commissioner.
Page 18 | Rule 11.02
When the stated public-assistance or arrearage condition applies, the moving party must notify the Waupaca County Child Support Agency and submit the specified case documents.
11.19 When any party is receiving public assistance, has applied for public assistance, or has received public assistance during the pendency of the action or an arrearage exists in favor of the State of Wisconsin, the moving party shall give notice to the Waupaca County Child Support Agency in accordance with Wis. Stat. § 767.217, submit a copy of the Financial Disclosure Statement, the final stipulation, if any, and the Findings of Fact, Conclusions of Law and Judgment of Divorce.
Page 20 | 11.19
The agency that completes a court report must transmit copies to the attorneys involved in the matter.
The agency completing the report shall transmit copies of the report to the attorneys involved in the matter.
Page 23 | Rule 14: Juvenile Procedure
For possible immediate signature, the proposed order or judgment must be circulated electronically or by mail to all opposing counsel, who must affirmatively approve it or state that they have no objection.
Notwithstanding the foregoing, if a submitting attorney certifies under this rule that a proposed order or judgment was circulated electronically or by mail to all opposing counsel who all affirmatively responded that they approved of or had no objection to the proposed order or judgment, the Court may choose to sign the document immediately.
Page 27 | 19.04
In large claim civil actions where the defendant was personally served, notice before entry of default judgment is not required, except in mortgage foreclosures.
Except as to mortgage foreclosures, notice to defendant is not required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.
Page 9 | 8.06
A judge may require additional notice or proof concerning service, damages, or costs in an individual case.
Any judge may in an individual case require further notice or proof regarding service, damages, or costs, if appropriate.
Page 9 | 8.06
When no timely answer has been filed, a default foreclosure judgment or confirmation of sale may be taken by affidavit if notice of the default hearing is given.
Where no timely answer has been filed, a default foreclosure judgment may be taken by affidavit if notice of the default hearing is given. This same rule applies to any confirmation of sale when no timely answer has been filed.
Page 10 | 8.07
Copies of written documents or materials should be provided to the opposing party or counsel before the pretrial date.
Copies of written documents/materials should be provided to any opposing party/counsel prior to the pre-trial date.
Page 16 | 10.03
If notice sent by the Clerk of Courts Office to an address is returned, the office need not send it again unless a judge orders it to do so.
19.08 If notice sent by the Clerk of Courts Office to a particular address is returned, the Clerk of Courts Office is not obligated to send notice to the address again unless ordered to do so by a judge.
Page 27 | 19.08
Service on resident defendants in replevin actions may be made personally, by substituted service, or by certified mail with a return receipt requested.
Service in replevin actions on resident defendants may be by personal service or substituted service or by certified mail with return receipt requested.
Page 15 | 10.01
Summonses in small claims actions other than eviction and replevin may be served by regular mail at a resident defendant’s personal residence.
Waupaca County by this rule authorizes service of summons in all small claims actions, except eviction and replevin actions, by regular mail in lieu of personal or substituted service for resident (Waupaca County) defendants at their personal residence.
Page 15 | 10.01
Filing Fees and Waivers
A party seeking a jury trial must pay the non-refundable jury fee by the earlier of the scheduling or pretrial conference.
Any party wishing a jury trial must timely post the appropriate jury fee pursuant to Wis. Stat. §§ 805.01(2) and 814.61(4). The non-refundable jury fee is payable at or before the scheduling or pretrial conference, whichever comes first.
Page 10 | 8.13
A separate docketing fee is charged for each creditor when a judgment is docketed.
If the judgment is to be docketed, a separate docketing fee will be charged per creditor.
Page 17
Jury fees in civil ordinance actions are due within 10 days of the initial appearance, except DNR violation fees, which are due within 20 days.
Jury fees in civil ordinance actions must be paid within ten (10) days of the initial appearance, except for DNR violations, which must be paid within twenty (20) days of the initial appearance.
Page 26 | 19.02
Pursuant to Wis. Stat. § 801.16, the filing of pleadings or other papers with the Clerk of Circuit Court or Register in Probate, do not require a filing fee
Pursuant to Wis. Stat. § 801.16, the filing of pleadings or other papers with the Clerk of Circuit Court or Register in Probate, do not require a filing fee
Page 22 | 13.00(a)
Courtesy Copy Requirements
A summary judgment motion must be filed with the Clerk and a copy provided to the assigned judge.
A Motion for Summary Judgment shall be filed with the Clerk of Circuit Court and a copy provided to the assigned judge.
Page 9 | 8.05 Summary Judgment Motions
Sealing & Redaction Procedures
The responsible law enforcement agency and/or the District Attorney's Office is responsible for redacting information from search warrant and subpoena documents; the Clerk of Court has no duty to review or redact them.
19.09 The responsibility for redacting any information from search warrant and subpoena documents lies with the law enforcement agency responsible for the search warrant/subpoena and/or the District Attorney's Office. It is not the Clerk of Court's duty to review and redact information in these documents.
Page 27 | 19.09
Pre-Motion Conference Requirements
Before seeking discovery or protective-order relief under Chapter 804, the movant must consult with the opposing party and make sincere efforts to resolve the dispute; the motion must include a written statement describing the unsuccessful effort and identifying the conference date, place, and participants.
8.15 Discovery Motions - Good Faith Effort to Resolve: All motions to compel discovery or for protective order pursuant to Chapter 804 of the Wisconsin Statutes must be accompanied by a statement in writing by the movant that, after consultation with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. Such statement shall recite the date, place, and name of all parties participating in such conference.
Page 11 | 8.15 Discovery Motions - Good Faith Effort to Resolve
An attorney or self-represented litigant requesting a change in physical placement or legal custody must attend mediation before any court hearing is scheduled.
11.10 Legal and physical custody, and physical placement issues will be controlled by the Order Creating Waupaca County Family Court Counseling Agency. Any attorney and/or pro se litigant requesting a change in physica. placement and/or legal custody will be directed to attend mediation prior to the scheduling of any court hearing.
Page 19 | 11.10
In a shared placement arrangement, the parties must meet to determine each party’s number of overnights before a hearing on child support issues.
11.18 In any shared placement arrangement, prior to any hearing to address child support issues, the parties shall meet to determine the number of overnights with each party,
Page 20 | 11.18
Lawyers must make reasonable efforts to resolve preliminary and procedural matters through informal agreement and negotiation.
4.19 Lawyers shall make all reasonable efforts to reach informal agreements on preliminary and procedural matters and shall attempt to expeditiously reconcile differences through negotiation without needless expense and waste of time.
Page 5 | Rule 4: Rules of Decorum
Adjournment & Extension Requirements
Continuance requests require good cause and Court approval; stipulated requests also require Court consent, while non-stipulated requests must be made by motion and hearing.
All stipulated requests for continuance of trial date shall require the consent of the Court and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing, and for good cause shown by the party. All requests for continuance are subject to the approval of the Court.
Page 10 | 8.12
Continuance requests require good cause and court approval; stipulated requests also require the Court’s consent, non-stipulated requests must be made by motion and hearing, and victim-rights concerns must be advised to and considered by the Court before a continuance is granted.
9.02 All stipulated requests for continuance of trial date shall require the consent of the Court and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing, and for good cause shown by the party. The Waupaca County District Attorney's Office shall advise the Court of any victim rights concerns, which shall be considered before any continuance will be granted. All requests for continuance are subject to the approval of the Court.
Page 12 | 9.02
The Family Court Commissioner may, at the Commissioner's discretion, continue a matter until the financial disclosure is filed.
The Family Court Commissioner may at his/her discretion continue any matter until the financial disclosure is filed.
Page 18 | Rule 11.04
Chambers Communication Rules
Each media organization must give oral or written notice to the presiding judge's office at least three days before a hearing or trial; the Court may waive the requirement for good cause, and notice is not required for initial appearances.
A notice of intent to bring cameras or recording equipment into a courtroom or other hearing chamber, pursuant to SCR 61.02(2), shall be made orally or in writing to the office of the Judge conducting the hearing or trial. This notice shall be at least three (3) days in advance of the hearing/trial. This requirement may be waived by the Court if good cause for waiver is demonstrated. Each media organization must provide an individual notice; one notice shall not suffice for all other media representatives. The clerk or judicial assistant of the Judge conducting the hearing or trial shall make a diligent effort to notify the attorneys and any unrepresented parties by telephone as soon as reasonably possible of the notice and place a copy of the Media Request for Cameras in Courtroom form into the file indicating the time of doing so. Notice to have cameras or recording equipment at initial appearances is not required.
Page 2 | Rule 2: Access by the Public and Press
A party seeking to close a public proceeding to the news media must notify the Court in writing at least 72 hours before the motion hearing, unless good cause for an exception has been shown.
Unless good cause has been shown to the Judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the Court in writing at least 72 hours prior to the time set to hear the motion.
Page 2 | Rule 2: Access by the Public and Press
In a forfeiture proceeding under Wis. Stat. § 961.55, the District Attorney must contact the assigned Court within ten days after receiving service of an answer and schedule a hearing within the statutory time limits.
The District Attorney shall contact the assigned Court within ten (10) days after receiving service of an answer in a forfeiture proceeding pursuant to Wis. Stat. § 961.55 and schedule a hearing within the time limits provided in the statute.
Page 8 | Rule 8: Civil Practice, 8.02
Filing a motion only with the Clerk does not schedule it; a specific request by phone or in writing must be made to the Court for a hearing date and time.
A motion filed only with the Clerk of Circuit Court will not be scheduled until a specific request by phone or in writing is made of the Court for a date and time.
Page 8 | Rule 8: Civil Practice, 8.04
The judge's clerk or judicial assistant must make a diligent effort to telephone attorneys and unrepresented parties about the camera notice as soon as reasonably possible and place the camera-request form in the file with the time noted.
The clerk or judicial assistant of the Judge conducting the hearing or trial shall make a diligent effort to notify the attorneys and any unrepresented parties by telephone as soon as reasonably possible of the notice and place a copy of the Media Request for Cameras in Courtroom form into the file indicating the time of doing so.
Page 2 | Rule 2: Access by the Public and Press
The party requesting the telephone motion or scheduling conference is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by
The party requesting the telephone motion or scheduling conference is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by
Page 8 | Rule 8: Civil Practice, 8.04, Telephone Motions
The judge or judicial assistant sets the hearing date and time, and the attorney is responsible for scheduling the motion with the Court.
All motions shall be heard at a date and hour set by the judge or the judge's judicial assistant. It is the attorney's responsibility to schedule a motion with the Court.
Page 8 | Rule 8: Civil Practice, 8.04
A petitioner or the petitioner’s attorney must contact the assigned Court to schedule another civil action that may require action before ninety days after filing.
The petitioner or petitioner's attorney shall contact the assigned Court for scheduling any other civil action which may require actions prior to ninety (90) days after filing.
Page 8 | Rule 8: Civil Practice, 8.03
A person whose disability interferes with participating in or observing public court proceedings may request assistance from the Clerk of Circuit Court.
Any person with a disability which interferes with his or her ability to participate in or to observe public court proceedings may make a request of the Clerk of Circuit Court for assistance.
Page 2 | Rule 2: Access by the Public and Press
Telephone motions or scheduling conferences may be arranged by calling the judge’s judicial assistant; after court approval, the judicial assistant sets the date and time.
Telephone motions or scheduling conferences can be arranged by calling the judge's judicial assistant. After approval by the court, a date and time will be set by the judicial assistant.
Page 8 | Rule 8: Civil Practice, 8.04, Telephone Motions