Wood County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Memorandum
Exhibits
Page & Word Limits1 rule
Facsimile transmission may not exceed 15 pages, unless otherwise approved by the assigned judge on a case-by-case basis.
- Facsimile transmission
- Up to 15 pages
Document Format Requirements4 rules
Any non-standard instruction shall be on a separate sheet and each shall have noted thereon the citation of authorities relied upon to sustain such instruction.
In all exhibits in which direction is indicated, the direction North is to be to the top, unless permission to do otherwise is requested and obtained from the court.
COUNTERCLAIMS should be made in writing and filed within 7 days after the return date, but counterclaims may be presented at trial if in the court's discretion it will facilitate the resolution of the dispute(s) between the parties.
When an instruction is requested from Wisconsin Civil, Criminal or Juvenile Instructions, it may be cited solely by number and title, unless modifications are requested.
Document Filing Requirements10 rules
A party or attorney whose fax transmission exceeds 15 pages shall certify that the assigned judge has approved such fax filing.
Any non-standard instruction shall be on a separate sheet and each shall have noted thereon the citation of authorities relied upon to sustain such instruction.
All stipulations to hold cases open shall provide for final disposition of the cases within state recommended Case Processing Benchmarks or shall include the Court's express approval of the delay.
When required, the notice of motion hearing must conform to subsections §802.01(2)(a) and (b).
Court's wording
If the time for a motion hearing is not set in open court and in the presence of all counsel, the proponent of the motion shall personally deliver or mail to opposing counsel and the Court a notice of motion hearing conforming with subsections §802.01(2)(a), (b) within seventy-two hours of scheduling a motion hearing.
The moving party must file and serve a brief containing a concise description of the action, the grounds for the motion, and supporting reasons with legal citations.
Court's wording
The proponent of the motion shall file with the Clerk and serve on all opposing counsel a brief containing at least the following: • A concise statement describing the action. • Statutory or other grounds for the motion. • Reasons in support of the motion with citations of legal authority.
Motions that deal with DVDs, CDs, or any other form of audio- and/or - visual recording must refer to specific meter(s) or measure(s); and as to transcripts, must refer to specific page(s) and line(s).
Opposing counsel shall file with the clerk and serve the proponent of the motion a copy of the brief in response, with citations of legal authority and may at the same time give notice of any responsive motion or serve supporting papers, records, or affidavits in opposition.
STIPULATIONS WHICH REQUIRE PERFORMANCE BY A PARTY shall include an order for dismissal without prejudice, permitting the party accorded performance under the stipulation the right to reopen and obtain judgment in accordance with the terms of the stipulation.
Any order for appointment of a Guardian ad Litem or completion of a custody study shall be signed by the Court.
Applications for an order of satisfaction of judgments) due to discharge in bankruptcy pursuant to §806.19, Stats., shall indicate in cover letter or by accompanying affidavit that notice of said application has been given to judgment creditors.
Filing & Service rules
Electronic Filing Rules
In mandatory eFiled case types, a facsimile transmission is accepted only if a responsible court official, the clerk, or the judicial assistant gives advance permission.
Facsimile transmission shall be accepted for filing in mandatory eFiled case types only if permission is given in advance by the responsible court official, the clerk or the judicial assistant.
Page 4 | B. PROCEDURAL RULES
Limited filing by plain-paper facsimile is permitted.
FACSIMILE FILING. Limited filing of documents with the Clerk of Circuit Court pursuant to Sec. 801.16, Stats., through the use of the plain-paper facsimile machine is permitted.
Page 4 | B. PROCEDURAL RULES
Filing Timing and Cure Windows
The court will sign the submitted document five days after submission unless it receives an objection; this procedure does not apply to orders to show cause.
5 days after it is submitted the court will sign the document unless the court receives an objection. The foregoing shall not apply to orders to show cause.
Page 4 | B. PROCEDURAL RULES
Facsimile papers filed after the Clerk of Circuit Court’s regular business hours through 11:59 pm that business day are considered filed the next business day.
Papers filed by facsimile after regular business hours of the Clerk of Circuit Court until 11:59 pm of said business day are considered as filed the next business day.
Page 4 | B. PROCEDURAL RULES
Requests for instructions must be submitted to the Court five days before the pretrial conference, unless the trial judge permits otherwise.
Except as provided in Section 18, Pretrial Procedure on All Criminal Cases, requests for instructions shall be served on opposing counsel and submitted to the Court 5 days in advance of at the pretrial conference unless the trial judge otherwise permits.
Page 5 | REQUEST FOR INSTRUCTIONS
All motions, including motions to suppress or dismiss, must be filed two weeks before the pretrial conference.
All motions, including motions to suppress or dismiss, must be filed two weeks prior to pre-trial conference,
Page 6 | 15. MOTION PRACTICE - CRIMINAL, TRAFFIC AND CIVIL FORFEITURE CASES
Motions in limine, witness lists, jury instructions, and verdicts must be filed two days before the pretrial conference.
Defendants/defense attorneys and District Attorney shall have their Motions in Limine, Witness Lists, Jury Instructions and Verdicts filed 2 days before the pretrial conference.
Page 7
Defendants and attorneys must file all motions two weeks before the pretrial conference and obtain a motion date from the Judicial Assistants, including the District Attorney's Office in the scheduling.
All defendants/attorneys must file all motions two (2) weeks prior to the pretrial conference by obtaining a motion date from the Judicial Assistants and also include the District Attorney's Office in that scheduling. (See Motion Procedure - Criminal Cases - 17(a)).
Page 7
COUNTERCLAIMS should be made in writing and filed within 7 days after the return date, but counterclaims may be presented at trial if in the court's discretion it will facilitate the resolution of the dispute(s) between the parties.
COUNTERCLAIMS should be made in writing and filed within 7 days after the return date, but counterclaims may be presented at trial if in the court's discretion it will facilitate the resolution of the dispute(s) between the parties.
Page 8 | D. SMALL CLAIMS COURT
After five days, the court will sign the proposed satisfaction order if no judgment creditor has filed a written objection.
After 5 days, if no judgment creditor has filed an objection in writing, the court will sign the proposed order of satisfaction of judgments).
Page 9 | D. SMALL CLAIMS COURT
Service and Proof of Service Rules
Unless the Court directs otherwise, copies of proposed orders, findings, conclusions of law, and judgments must be submitted to opposing counsel and the court for approval; the procedure does not apply to orders to show cause.
SERVICE ON OPPOSING COUNSEL. Unless the Court otherwise directs, a copy of any proposed order, findings, conclusions of law, or judgment shall be submitted to opposing counsel and the court for approval. 5 days after it is submitted the court will sign the document unless the court receives an objection. The foregoing shall not apply to orders to show cause.
Page 4 | B. PROCEDURAL RULES
If the hearing time is not set in open court with all counsel present, the moving party must personally deliver or mail the required hearing notice to opposing counsel and the Court within 72 hours after scheduling.
If the time for a motion hearing is not set in open court and in the presence of all counsel, the proponent of the motion shall personally deliver or mail to opposing counsel and the Court a notice of motion hearing conforming with subsections §802.01(2)(a), (b) within seventy-two hours of scheduling a motion hearing.
Page 5 | 14. MOTION PRACTICE - CIVIL CASES
All supporting papers, including the records or affidavits underlying the motion, must be served with the notice of motion hearing.
All supporting papers, including records or affidavits upon which the motion is founded, shall be served with the notice of motion hearing.
Page 5 | 14. MOTION PRACTICE - CIVIL CASES
A copy of all correspondence with the Court must be sent to the opposing party or, if represented, opposing counsel.
A copy of all correspondence with the Court shall be sent to the opposing party or to opposing counsel if the opposing party is represented.
Page 5 | 11. CORRESPONDENCE WITH THE COURT/EX PARTE COMMUNICATIONS
Requests for instructions must be served on opposing counsel and submitted to the Court five days before the pretrial conference, unless the trial judge permits otherwise.
Except as provided in Section 18, Pretrial Procedure on All Criminal Cases, requests for instructions shall be served on opposing counsel and submitted to the Court 5 days in advance of at the pretrial conference unless the trial judge otherwise permits.
Page 5 | REQUEST FOR INSTRUCTIONS
The moving party must serve its motion brief on all opposing counsel.
The proponent of the motion shall file with the Clerk and serve on all opposing counsel a brief containing at least the following: • A concise statement describing the action. • Statutory or other grounds for the motion. • Reasons in support of the motion with citations of legal authority.
Page 6 | 14. MOTION PRACTICE - CIVIL CASES
If the moving party has a reply brief, it must be served on opposing counsel by close of business on the day before the hearing.
and if the proponent has a reply brief, they shall serve the same on opposing counsel no later than the time of the close of business on the day next preceding the date of the hearing.
Page 6 | 14. MOTION PRACTICE - CIVIL CASES
Opposing counsel must serve any response brief at least five days before the hearing.
The opposing counsel shall serve any brief in response within five days prior to the hearing,
Page 6 | 14. MOTION PRACTICE - CIVIL CASES
Opposing counsel must serve the response brief on the moving party and may simultaneously serve opposition papers, records, or affidavits.
Opposing counsel shall file with the clerk and serve the proponent of the motion a copy of the brief in response, with citations of legal authority and may at the same time give notice of any responsive motion or serve supporting papers, records, or affidavits in opposition.
Page 6 | 14. MOTION PRACTICE - CIVIL CASES
Witness subpoenas are to be sent out three weeks before trial.
Subpoenas for witnesses are to be sent out 3 weeks before the trial date.
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Courtesy Copy Requirements
A copy of each brief, memorandum, or other document supporting or opposing a motion must be provided to the Court.
A copy of all briefs, memoranda, or other documents in support of or in opposition to a motion shall be provided to the Court.
Page 6 | 14. MOTION PRACTICE - CIVIL CASES
A copy of any exhibit sought to be admitted should be made available for the Court’s use to the extent feasible.
A copy of any exhibit sought to be admitted should be made available to the extent feasible, for the court's use.
Page 5 | 12. EXHIBITS
Sealing & Redaction Procedures
Juror qualification and information forms are confidential, may be used only for trial or appeal, cannot be copied or retained, and must be returned by the conclusion of jury selection or within 72 hours after settlement.
2. JUROR QUALIFICATION INFORMATION FORMS. All of the information on juror qualification and/or information forms is confidential. It is to be used only for the purposes of trial and/or appeal. Attorneys and pro-se parties may obtain copies of said documents for the purposes of trial and/or appeal, but may not copy said copies or retain the copies of said documents. Copies of said forms received upon request of counsel or pro-se litigant must be returned to the clerk of court by the conclusion of jury selection or within 72 hours after settlement.
Page 3 | 2. JUROR QUALIFICATION INFORMATION FORMS
Pre-Motion Conference Requirements
A motion hearing must be scheduled with the proper judicial assistant or judge before the motion is filed.
Motion hearings shall be scheduled with the proper judicial assistant or judge prior to filing the motion.
Page 5 | 14. MOTION PRACTICE - CIVIL CASES
Before filing a motion, the attorney must contact the assigned judge’s Judicial Assistant to obtain a court date unless the Court permits otherwise.
and the attorney shall contact the Judicial Assistant of the judge assigned to obtain a court date prior to filing unless otherwise permitted by the Court.
Page 6 | 15. MOTION PRACTICE - CRIMINAL, TRAFFIC AND CIVIL FORFEITURE CASES
When scheduling a motion, defendants and attorneys must obtain a motion date from the Judicial Assistants and include the District Attorney's Office in the scheduling.
All defendants/attorneys must file all motions two (2) weeks prior to the pretrial conference by obtaining a motion date from the Judicial Assistants and also include the District Attorney's Office in that scheduling. (See Motion Procedure - Criminal Cases - 17(a)).
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Adjournment & Extension Requirements
Continuance requests may not be made ex parte, and opposing counsel’s consent alone does not automatically warrant a continuance.
6. CONTINUANCES. Request for continuances shall not be made on an ex parte basis. Consent of opposing counsel to a continuance will not be recognized as per se warranting the continuance.
Page 4 | B. PROCEDURAL RULES
If counsel fails to give timely notice, deliver supporting papers, or serve a brief, the motion may be decided against the client or the hearing may be adjourned with costs and attorney’s fees awarded to the inconvenienced party.
If counsel for any party fails to give timely notice, deliver supporting papers, or serve a brief, the motion may be decided against the client for such cause. In the alternative, the motion hearing may be adjourned, with costs and attorney's fees being awarded to the unjustly inconvenienced party.
Page 6 | 14. MOTION PRACTICE - CIVIL CASES
A plaintiff may obtain one adjournment of the initial appearance in a small claims case.
Plaintiffs are permitted to obtain an adjournment of initial appearance one time on any small claims case.
Page 8 | D. SMALL CLAIMS COURT
Chambers Communication Rules
An attorney seeking a motion court date must contact the assigned judge’s Judicial Assistant unless the Court permits otherwise.
and the attorney shall contact the Judicial Assistant of the judge assigned to obtain a court date prior to filing unless otherwise permitted by the Court.
Page 6 | 15. MOTION PRACTICE - CRIMINAL, TRAFFIC AND CIVIL FORFEITURE CASES
Visiting judges must coordinate with the assigned branch’s judicial assistant or staff to obtain a courtroom assignment; without one, their scheduled cases have lower priority than cases scheduled by the sitting judge.
Judges assigned to cases within Wood County shall coordinate their scheduling through the judicial assistant or staff of the court branch to which the cases are assigned to obtain a courtroom assignment. In the event no such assignment is obtained, any case scheduled shall be considered subsequent in priority to those cases scheduled by the sitting judge.
Page 9 | E. VISITING JUDGES: SCHEDULING OF COURTROOM
If service has not been obtained, the return date may be rescheduled through the small claims clerk.
RESCHEDULING OF THE RETURN DATE upon failure to obtain service may be done through the small claims clerk.
Page 8 | D. SMALL CLAIMS COURT