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Buffalo County
Circuit Court Rules
(Seventh Judicial District)

Order Authorizing Service by Mail in Small Claims Actions

Service by ordinary mail through the Office of the Clerk of Court is hereby authorized in all small claims court actions filed in Buffalo County pursuant to 799.12 (3) of the Wisconsin Statutes.

Dated: June 13, 1988.

Facsimile Transmission of Documents to the Court
Local Court Rule 2007-02

WHEREAS §801.16(2), Wis. Stats, authorizes a court by local court rule to permit filing of papers with the clerk of circuit court by facsimile transmission to a plain paper facsimile machine;

IT IS ORDERED the following governs filings of papers by facsimile transmission with the Buffalo County Court:

  1. Papers may be filed with the Clerk of Circuit Court in accordance with the procedures established in §801.16(2)(a), Wis. Stats. The phone number designated by the court shall be the facsimile phone number of the Clerk of Buffalo County Circuit Court.
  2. No filings shall exceed 15 pages in length. A "filing" means the fax cover sheet and all subsequent pages thereafter. 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.
  3. Filing of papers by facsimile with the Clerk of Circuit Court is further governed by the requirements and limitations of §801.16(2)(d), (e) and (f), Wis. Stats.
  4. The fax papers are the official record of the court and may not be substituted. No additional copies may be sent. The Clerk of Circuit Court shall discard any duplicate papers subsequently received. Parties who have transmitted documents by facsimile to the court shall retain in their own files any "original" document that was used for the facsimile transmission. In the event the authenticity of the faxed document is challenged, the party who faxed the document to the Court shall have the burden to show authenticity.
  5. Papers filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court's office or on holidays or week-ends are considered filed the next business day.
  6. The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court judge, court commissioner, or clerk is not responsible for errors or failure in transmission that result in missing or illegible documents or untimely filings, and is not required to notify a party or attorney of errors or failure of transmission.

IT IS FURTHER ORDERED that a copy of this rule shall be sent to the Secretary of the Tri-County Bar Association, the Court Administrator for the Seventh Judicial Administrative District, the State Bar of Wisconsin, the State Law Library, and the Office of the Director of the State Courts. Any person may submit to the Court written comments on this rule for the Court's consideration and determining whether revision of the rule is needed. The Clerk of Court shall print and make available to the public, at cost, this rule.

Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County Local Court Rule is approved.

Effective March 1, 2007.

Authorizing Court to be Held in Mondovi, WI
Local Court Rule 2007-03

WHEREAS §753.24(2), Wis. Stats, authorizes a court by local court rule to permit holding court in a city of the county other than the county seat, and for convenience of litigants and to encourage public participation in the court process it is desirable to hold small claims hearings, hearings before the Family Court Commissioner, and other types of hearing in the City of Mondovi, WI, and;

WHEREAS the Court finds that the Mondovi City Hall has adequate facilities for holding such hearings;

IT IS ORDERED that when sufficient business warrants holding court at that location, court may be held in the City of Mondovi, WI.

IT IS FURTHER ORDERED that a copy of this rule shall be sent to the Secretary of the Tri-County Bar Association, the Court Administrator for the Seventh Judicial Administrative District, the State Bar of Wisconsin, the State Law Library, and the Office of the Director of the State Courts. Any person may submit to the Court written comments on this rule for the Court's consideration and determining whether revision of the rule is needed. The Clerk of Court shall print and make available to the public, at cost, this rule.

Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County Local Court Rule is approved.

Effective March 1, 2007.

Order re: Family Counseling in Divorce Action §767.115

It is hereby ordered that in all Actions Affecting the Family involving minor children as follows:

  1. The parents shall enroll themselves and their child/children in an approved educational program concerning the effects ona child of a dissolution of the marriage. The following programs are approved for Buffalo and Pepin Counties:

    A Better Beginning
    UW-Extension
    Buffalo County Courthouse
    407 S. 2nd Street
    Alma, WI 54610
    (608) 685-6256

    A Better Beginning
    UW-Extension
    Pepin County Courthouse
    740 7th Ave. West
    Durand, WI 54736
    (715) 672-5214

    The Sandcastles Program
    Positive Alternatives, Inc.
    603 Terrill Road
    Menomonie, WI 54751
    (715) 235-9552
  2. The program must be completed with a certificate of completion on file before a final hearing may be scheduled.
  3. Each parent shall be responsible for one-half of the fee for the program. If one parent advances the entire fee, the other parent is required to reimburse the advancing parent.
  4. Any parent who has physical placement of a child shall be responsible for ensuring that such child attends the program ifrequired by the program.

This Order amends the prior Order of the Court dated 2-1-06.

Dated: 6-5-07

Standard Provisions for Support Orders
Local Court Rule 2008-01

WHEREAS, a local court rule being needed for prescribed standard provisions for child support and maintenance orders entered in the Buffalo County Courts to provide uniformity, to provide the parties with notice of certain statutory provisions, and to provide an effective and efficient means of periodic review of support orders and exchange of information between the parties, the following local court rule is adopted:

IT IS ORDERED pursuant to Sec. 753.35(1), any order for child support under Sec. 767.25 or Sec. 48.355, for maintenance under Sec. 767.26, for family support under Sec. 767.261 or any modification thereof entered in Buffalo County on or after March 1, 2008 shall contain the provisions set forth in Exhibit A, Additional Provisions on Child Support per Local Court RulePDF appended to this Order.

IT IS FURTHER ORDERED that a copy of this rule shall be sent to the Secretary of the Tri-County Bar Association, the Court Administrator for the Seventh Judicial Administrative District, the State Bar of Wisconsin, the State Law Library, and the Office of the Director of the State Courts. Any person may submit to the Court written comments on this rule for the Court's consideration and determining whether revision of the rule is needed. The Clerk of Court shall print and make available to the public, at cost, this rule.

This Local Court Rule 2008-1 amends and restates Local Court Rule 2007-1 effective March 1, 2008.

Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County Local Court Rule is approved.

Dated: 2-27-08

Local Rules Governing Small Claims Procedure
Local Court Rule 2009-01

WHEREAS §§799.12(3) and 799.22(4) permit a court to adopt local rules of procedure for small claims actions under Ch 799;

NOW THEREFORE IT IS ORDERED:

  1. Service of County Residents by Mail. Service of Buffalo County residents by ordinary mail through the office of the Clerk of Court is hereby authorized in all small claims court actions in Buffalo County pursuant to §799.12(3), except in eviction actions and as otherwise prohibited by law. Service by mail may not be made to a post office box unless the Plaintiff also provides the defendant's physical address to verify county residency.
  2. Pleading in Lieu of Appearance
    1. Both the plaintiff and defendant must appear in person or by an attorney on the return date of the summons unless a written or telephone appearance is authorized under this rule.
    2. A defendant may join issue by written answer without appearing on the return date only by complying with all of the following.
      1. The defendant must provide an exact copy of the written answer to the Plaintiff. If the copy is delivered to the Plaintiff personally or by fax, such delivery to the Plaintiff must occur at least 24 hours before the return date and time. If such delivery to the plaintiff is by mail, such mailing to the Plaintiff must occur at least 3 business days before the return date and time.
      2. By the return date the defendant must file with the Court proof of timely service of the written answer on the Plaintiff.
      3. If the defendant does not provide timely service of the written answer on the Plaintiff, or fails to timely file proof of such delivery with the Court, and if the Defendant fails to appear at the return date and time, any written answer may be struck and Judgment may be entered against the Defendant.
    3. Written answers and proof of service may be filed by fax if they otherwise comply with the fax filing policy.
  3. Telephone Appearances. Telephone appearances may be granted for out-of-state parties, for attorneys representing a party, or for other parties in extenuating circumstances at the discretion of the court if requested in writing before the date of the initial appearance. Parties and attorneys permitted to appear by phone shall call to the Court at the return date and time. If an attorney or a party fails to call into the court by telephone on the return date and time, it will be considered a nonappearance and may result in dismissal or a judgment.
  4. Itemization of Claim. A Plaintiff must provide all figures necessary for computation of the amount due unless such itemization would violate state or federal law. In an action to collect a debt for goods provided or services rendered, the Plaintiff shall at a minimum attach the most recent account statement showing the account number, an account balance verifying the amount claimed in the complaint, and, if the Plaintiff is not the original creditor, a copy of all assignments.
  5. Taxation of Statutory Attorney fees. No attorneys fees may be taxed on behalf of any party as a cost under §814.04 unless the attorney or a member of the attorney's staff actually appeared at a hearing in person or by telephone.
  6. This rule replaces Local Court Rule 2008-02.

IT IS FURTHER ORDERED that a copy of this rule shall be sent to the Secretary of the Tri-County Bar Association, the court Administrator for the Seventh Judicial Administrative District, the State Bar of Wisconsin, the State Law Library, and the Office of the Director of the State Courts. Any person may submit to the Court written comments on this rule for the Court's consideration any determining whether revision of the rule is needed. The Clerk of Court shall print and make public, at cost, this rule.

Pursuant to §753.35(1), Wis. Stats., the above Buffalo County Local Court Rule is approved.

Dated 10-29-09

Local Rules Governing Real Estate Foreclosure Mediation
Local Court Rule 2010-01

WHEREAS, Buffalo County has established a Foreclosure Mediation Program for all residential real estate foreclosures involving owner occupied one to four family residential units filed after January 1, 2010.

NOW THEREFORE IT IS ORDERED:

  1. In all foreclosure actions covered by this rule, the Plaintiff (the lender) shall attach to the principal defendant's (the homeowner) copy of the Summons and Complaint a form obtained from the Clerk of Court's office advising the homeowner of the availability of foreclosure mediation and an application form for use in requesting mediation.
  2. If mediation is requested by the homeowner, the lender shall participate in mediation under the Foreclosure Mediation Program of thie county.
  3. The parties must engage in mediation sessions without cause;
    1. Not participating in good faith includes:
      1. failure to attend and participate in mediation sessions without cause;
      2. failure of the homeowner to provide full information regarding their financial obligations and other creditors;
      3. failure of the lender to designate a representative to participate in the mediation with authority to make binding commitments, or;
      4. other similiar behavior which evidences lack of good faith by a party.
    2. Failure to agree to reduce, restructure, refinance, or forgive debt does not, in itself, evidence lack of good faith by either the lender or the homeowner.
    3. Sanction for failure to engage in mediation in good faith may include dismissal of the action, termination of mediation, or such other remedies as the Court deems just and proper.

IT IS FURTHER ORDERED that a copy of this rule shall be sent to the Secretary of the Tri-County Bar Association, the Court Administrator for the Seventh Judicial Administrative District, the State Bar of Wisconsin, the State Law Library, and the Office of the Director of the State Courts. Any person may submit to the Court written comments on this rule for the Court's consideration and determining whether revision of the rule is needed. The Clerk of Court shall make available to the public a copy of this rule at cost.

Pursuant to §753.35(1), Wis. Stats., the above Buffalo County Local Court Rule is approved.

Dated 12-15-09.

Wisconsin circuit court rules

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