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

Applies to

Brief

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.

Applies to

Reply brief

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.

Applies to

Witness subpoena

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.

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.

Applies to

Proposed order findings conclusions or judgment

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.

Applies to

Response brief

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,

Applies to

Supporting papers

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.

Applies to

Response brief

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.

Applies to

Correspondence

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.

Applies to

Jury instructions

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.