Waupaca County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Bill of costs

The attorney filing the action must apportion costs between creditors and submit a bill of costs to the Court.

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.

CRITICAL

Applies to

Default judgment motion notice

The notice must state that the defendant has 15 days from the notice date to request a hearing in writing before default judgment may be entered.

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.

CRITICAL

Applies to

Plea questionnaire

A Plea Questionnaire must be completed before any plea or admission is accepted.

14.03 A Plea Questionnaire must be completed prior to the acceptance of any plea or admission.

CRITICAL

Applies to

Summary judgment brief

Summary judgment briefing may not refer to materials in the case file or depositions; pertinent portions of specified materials must be reproduced, attached, and highlighted.

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.

CRITICAL

Applies to

Plea questionnaire and waiver of rights form

The defendant and any defense attorney must complete and submit a Plea Questionnaire and Waiver of Rights form to the Court when entering a plea to a criminal charge.

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.

CRITICAL

Applies to

Transcript

Unless the Court orders otherwise, a party using recorded evidence at trial must prepare a transcript and provide a copy to the Court and opposing counsel at the final status/pretrial conference.

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.

CRITICAL

Applies to

Findings conclusions judgment or other order

When statute or a judge requires findings, conclusions, a judgment, or another order, the required documents must be prepared for the judge’s signature and filing, and—unless statute or the judge provides otherwise—the moving party or their attorney is responsible for drafting and submitting them.

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).

CRITICAL

Applies to

Motion

Every motion must state the supporting statute or statutes.

All motions shall state the supporting statute or statutes.

CRITICAL

Applies to

Address change notice

Litigants and attorneys must give the Clerk of Courts Office written notice of any address change 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.

CRITICAL

Applies to

Default judgment application

After the hearing-request period expires, the plaintiff may apply for default judgment with an affidavit of default stating that the required notice was provided.

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.

CRITICAL

Applies to

Stipulated hearing documents

Before a stipulated hearing with pro se parties, the parties must file completed disclosure statements, a marital settlement agreement or proposed agreement, and proposed findings, conclusions, and judgment.

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.

CRITICAL

Applies to

Facsimile transmission exceeding 15 pages

For a fax transmission exceeding 15 pages, the party or attorney must certify that the assigned judge or court commissioner approved it.

If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.

CRITICAL

Applies to

Subsequent written order

Any subsequent written order must notify a party directed to pay the annual receiving and disbursing fee of the payment requirement and fee amount.

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.

CRITICAL

Applies to

Response

The response must be written and include a citation of authorities.

The opposing party shall serve and file a written response with a citation of authorities at least ten (10) days before the hearing.

CRITICAL

Applies to

Motion

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Transcript request

A transcript request must be written, copied to the appropriate reporter, and originally filed with the Clerk of Courts Office.

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.

CRITICAL

Applies to

Final account

An attorney for a corporate personal representative must submit itemized time billing to obtain approval of attorney fees and attach it to the final account.

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.

CRITICAL

Applies to

Summons and complaint

In consolidated creditors actions, an attorney must prepare the summons and complaint or direct their preparation.

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.

CRITICAL

Applies to

Stipulation and order

The stipulation and order must state the date for reporting the reconciliation status and include a request for dismissal or resumption of proceedings.

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.

CRITICAL

Applies to

Stipulated divorce final hearing documents

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.

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.

CRITICAL

Applies to

Complaint and summons

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.

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.

CRITICAL

Applies to

Summary judgment motion or brief

Supporting affidavits and documents must be attached as appendices or exhibits to the summary judgment motion or brief.

All supporting affidavits and documents shall be attached as appendices or exhibits to the motion or brief.

CRITICAL

Applies to

Temporary order hearing

At a temporary order hearing, both parties must bring 12 weeks of wage statements, an oath-signed financial disclosure statement, and copies of the two prior years’ state and federal tax returns in their possession or control.

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.

CRITICAL

Applies to

Consolidation order

If consolidation is granted, the order must include a signature line for approval by all assigned judges.

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.

CRITICAL

Applies to

Findings of fact conclusions of law judgment or order

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 document(s) for the judge's signature and filing no later than 30 days after order entered.

CRITICAL

Applies to

Order requiring trial appearance

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.

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.

CRITICAL

Applies to

Proposed order or judgment

To permit the Court to consider immediate signature of a proposed order or judgment, the submitting attorney must certify that it was circulated to all opposing counsel and that each affirmatively approved or had 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.

CRITICAL

Applies to

Findings of fact conclusions of law judgment or order

An attorney or pro se litigant required by statute or a judge to prepare findings, conclusions, a judgment, or other orders must prepare the documents for the judge’s signature and filing.

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

CRITICAL

Applies to

Findings of fact conclusions of law judgment or other order

An attorney or self-represented litigant required or directed to prepare findings, conclusions, a judgment, or another order must prepare it 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.

CRITICAL

Applies to

Mortgage foreclosure summons and complaint

A plaintiff commencing a mortgage foreclosure action must attach the specified mediation notice to the Summons and Complaint.

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.

CRITICAL

Applies to

Stipulation for order to suspend proceedings

Stipulations for orders suspending divorce proceedings to attempt reconciliation must be submitted to the presiding judge for approval.

11.06 All stipulations for orders to suspend proceedings in divorce actions to attempt reconciliation shall be submitted to the presiding judge for approval.

CRITICAL

Applies to

Summons and complaint

Must include

caption

The summons and complaint must identify each creditor in the caption or use the specified multiple-plaintiffs checkbox and attach each creditor’s individual claims and address.

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

WARNING

Applies to

Itemization

The Court may withhold a pretrial or trial until the itemization is provided to the Court and defendants.

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).

WARNING

Applies to

Pretrial

Parties should bring relevant, material documents or evidence that will help explain their claims at the pretrial.

Parties should bring relevant and material documents and/or evidence helpful to the understanding of a party's claim.

WARNING

Applies to

Civil case initiation

Civil cases generally are commenced by filing a Summons and Complaint.

Generally, civil cases will be commenced with the filing of a Summons and Complaint.

WARNING

Applies to

Motion

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.

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.