Waupaca County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Service

Personal service

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.

CRITICAL

Service

Mail to all parties

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.

CRITICAL

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.

CRITICAL

Applies to

Court report

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.

CRITICAL

Service

Publication

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Eviction actions require personal or substituted service.

Service in eviction actions shall be by personal or substituted service.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

Service

Mail

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.