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Waukesha County Circuit Court Rules
(Third Judicial District)

Civil Court Division

Adopted: September 24, 1996
Effective: November 1, 1996
Revised: Rule 9 added April 29, 1999; effective July 1, 1999
Rev: Rule 1.2- 8/13/01; Rules 9.2 and 9.3 added 1/25/02
Rev. Rule 2.8 3/31/03; effective 7/1/01
Rev. Rule 3.1 12/12/05
Rev. Rule 5.4; new Rule 9.4 eff. 2/20/07
Rev. Rule 5.5(a) and (b) 3/15/2007
Rev. Rule 5.4; effective 2/23/2009

In the Matter of: The Use of Interactive Video in Court Proceedings

WHEREAS, the Waukesha County Judiciary is utilizing the use of interactive video (video) for remote appearances to assist in the effective and efficient disposition of cases in the court system, and

WHEREAS, the Chief Judge has the responsibility under SCR 70.19 (3) (b) to maintain an effective system and management of case flow through the District, and

WHEREAS, the Chief Judge has the responsibility under SCR 70.19 (3) (e) & (f) to adopt local judicial administrative rules and establish policies and plans, and

WHEREAS, the Chief Judge believes it is in the best interest of the court system to develop policies on the use of interactive video for the Waukesha County Court System,

AND THEREFORE, IT IS ORDERED that the following rules are established as it relates to video use in the court system.

  1. All video court events and appearances are to be indicated on the court record.

  2. Any location where a remote appearance is being conducted with a Waukesha County Circuit Judge or Court Commissioner is to be considered an extension of the courtroom in which the hearing is taking place.
  3. Any proceeding or appearance allowable by statute, case law and/or at the discretion of the court may be conducted by video either by request of a party or at the discretion of the presiding court official.

  4. Any party requesting (including the court) the use of video for an upcoming court event should attempt to do so within a reasonable amount of time prior to the hearing/trial and/or to the physical transport of the prisoner/patient/detainee, witness, etc.


  5. If any party objects to conducting a hearing via video, they shall orally (on the record) or in writing notify the court of the reason why and all counsel of record and/or parties not represented by counsel of record of such objection within a reasonable time prior to the hearing. The judge shall make a determination on the record, whether to proceed with the video proceeding or allow or require counsel/litigant to personally appear.

  6. Parties to a video proceeding authorized by the court may file by facsimile any papers necessary for the completion of the proceeding.

  7. During a video proceeding the court shall maintain full control of the remote camera and courtroom camera. No movement of adjustments of the video cameras or sound shall be made unless authorized by the court.

  8. The circuit court shall have priority use of video units, not withstanding any arrangements made with private entities.

IT IS SO ORDERED this 11th day of September, 2002.

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In the Matter of: Limiting Use of Electronic Equipment and Devices in the Courtoom and Jury Deliberation Room

WHEREAS, the prevalence of electronic communication equipment is such that it is common for people to have communication equipment in their posssession at all times; and

WHEREAS, the court must maintain the integrity, dignity and decorum of court proceedings;

NOW, THEREFORE, IT IS ORDERED: that, effective August 1, 1997, electronic communication equipment, including, but not limited to cellular telephones, pagers, lap top computers, scanners and recording devices, may not be used by jurors in the courtroom or deliberation room without the specific permission of the judge.

IT IS SO ORDERED this 27th day of June, 1997.

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Civil Court Division

RULE 1: CASE ASSIGNMENTS

1.1 CIVIL CASES: New cases shall be assigned to the judges of the division as equally as possible by the Clerk of Circuit Court using a random or tab system. Eviction proceedings shall be assigned to a court commissioner appointed by the chief judge for that purpose. Other small claims actions shall be assigned to the court commissioners and assigned to the civil judges where there is an appeal from the commissioners' hearings.

1.2 HARASSMENT ACTIONS: Actions commenced pursuant to '813.125, Wis. Stats., shall be filed in the civil division and shall be assigned as equally among the judges of that division as possible by the Clerk of Circuit Court using a random or tab system, unless there is a pending family action in which case the clerk shall assign the matter to the judge assigned the family action. A request for a de novo review of a court commissioner=s ruling shall be filed within ten (10) days of the date the original Injunction or Order is signed. The filing of said request for de novo review shall not stay the provisions of the Injunction or Order previously entered, unless otherwise ordered by the Court.

1.3 PROPERTY RIGHTS OF MARRIED PEOPLE: Concerning the accommodation of the public to accessible justice, and as actions brought under Chapter 766, Wis. Stats., entitle parties to the right to a jury trial but the courtrooms of the family court judges do not have jury facilities to accommodate such trials, all actions commencing under Chapter 766 without any accompanying family court actions initiated or anticipated under Chapter 767, Wis. Stats., shall be assigned to and be heard in the civil division of the court. Effective from 10-29-82.

1.4 CIVIL SPIN-OFF CASES: The calendar clerk for a judge whose calendar has settled or otherwise broken down shall, prior to cancellation of his/her jury panel, contact the other civil branches to ascertain whether or not there are any backup cases which his/her judge might be able to assist in trying. Similarly, where there are two or more cases remaining on a judge's trial calendar, the clerk shall contact the other civil branches to see if there are any judges who might be willing to try a case. When it is ascertained that a judge is available to assist in the trial of a backup case, the assisting judge has not previously been substituted or disqualified from trying the matter, and the trial would not extend beyond the time that the judge has set aside for the trial of such matters, the calendar clerk shall contact the parties to determine if they are willing to have the case tried by the assisting judge. If there are no further substitutions, the clerk shall inform the parties of the date, time and place to appear for the trial of their matter. Any motions after trial shall be heard by the judge trying the case unless the judge is subsequently substituted pursuant to '801.58(7), Wis. Stats.

RULE 2: FILING, PLEADINGS & SCHEDULING

2.1 FILINGS OF PLEADINGS: Originals of all pleadings are to be filed in the Office of the Clerk of Circuit Courts, Waukesha County, with the statutory fee appropriately paid. Proofs of service of the summons and complaint are to be filed in the Office of the Clerk of Courts within the time prescribed by law. All papers subsequent to the summons and complaint shall be filed with the Clerk of Circuit Court. The complete case number as specified by the clerk must be indicated on all documents filed.

2.2 CASE CAPTIONS: Concerning reasonable procedures in accessing the courts, all papers, pleadings, motions, etc. must contain the case name, case number, the branch of court in which the matter is to be heard, and a brief description of the type of motion or pleading being filed, as well as a description of the relief sought where appropriate. All civil complaints/petitions shall include the WCIS case classification code as provided by the Director of State Courts Office.

2.3 SERVICE OF PAPERS: Unless otherwise specified by statute or court order:

(a) Prior to the submissions of any document to the court, other than a summons or complaint, a copy shall be served upon all counsel of record and/or parties not represented by counsel of record.

(b) Prior to the submission of any document to the court for signature, a copy shall be served upon all counsel of record and/or parties not represented by counsel of record, with a cover letter stating that the document is being submitted to the court and that objections, if any, shall be filed with the court and a copy served on all counsel of record and/or parties not appearing by counsel of record within five business days after receipt.

2.4 CONSOLIDATION OF ACTIONS:

(a) Consolidation motions shall be addressed to the branch assigned the lowest numbered action. If the motion is granted and the judge with the higher case number consents in writing, then the branch with the lower numbered case shall retain, hear, and determine the consolidated actions. Once a matter is consolidated, it remains with the branch with the lowest numbered case, even if the lowest numbered case is disposed of before trial.

(b) When pleadings or correspondence are filed in consolidated cases, counsel or parties not represented by counsel are to supply copies or duplicate originals of all pleadings or correspondence for each case that has been consolidated.

2.5 SUBSTITUTIONS: Request for substitution of judge shall be filed with the Clerk of Circuit Court.

2.6 WITHDRAWAL OF COUNSEL: Counsel will not be allowed to withdraw from a case except upon written motion showing good cause or presentation of a stipulation (signed by counsel's client) for substitution of counsel to the assigned judge.

2.7 FIVE (5) DAY RULE; RULE ON SUBMISSION OF DRAFT ORDERS/JUDGMENTS: In the event a judge or court commissioner has rendered an oral ruling which must be reduced to writing, the party drafting such order or judgment shall, unless prior approval as to form is obtained in writing, submit the proposed draft to all parties at the time of or before submission to the court. If such submission clearly reflects submission to all parties and reference to this "five (5) day rule," then any objection to the form of such draft by any party must be received by the judge or court commissioner within five
(5) days of receipt of the court of the draft. If the draft is submitted to the judge or court commissioner by mail, then the objection of any party must be received within eight (8) days of mailing. If the final day of a five (5) day period is a holiday or weekend, then the time will be extended through the next business day. Upon expiration of the five (5) day period, the judge or court commissioner may sign the order or judgment as submitted, alter it as he or she deems appropriate, or, schedule the matter for further proceedings.

2.8 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT:

(a) Effective 4-1-93; modified 7-1-01 in conjunction with Supreme Court Order No. 00-09, dated April 3, 2001.

(b) Facsimile documents transmitted directly to the court shall be accepted for filing if:

(1) The Circuit Court has a facsimile machine capable of reproducing documents that meet the Supreme Court Rule 72.01 concerning retention of filed documents. Only plain paper facsimile machines currently comply with this requirement.

(2) The Circuit Court has a facsimile machine physically located within the offices of the Clerk of Circuit Court.

(3) The document shall not exceed fifteen (15) pages in length, excluding cover sheet. Further, a cost of $3.00 per page above the limit will be assessed unless prior waiver of the limit is obtained from the court. (Based on the local rule, facsimiles exceeding fifteen (15) pages per document, excluding the cover sheet, will not be accepted for filing.)

(4) No filing fee is required.

(5) No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.

(c) Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if:

(1) No filing fee is required.

(2) No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.

(d) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.

(e) The Circuit Court Judge or Clerk is not responsible for:

(1) Errors or failures in transmission that result in missing or illegible documents.

(2) Periods when a Circuit Court facsimile machine is not operational for any reason.

(f) A Judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with '801.16.

(g) Documents that are not to be filed but are to be used by the Court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the Judge or Clerk.

(h) Copies of documents from court files shall not be transmitted by facsimile machine without the appropriate costs being received in advance. The facsimile machine shall not be utilized in an effort to avoid payment of statutory photocopy costs.

(i) If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Courts office for filing. Original documents are to be maintained by the signing party or his/her attorney. A cost assessment for pages filed in violation of this rule will be $3.00 per page. Originals filed will be returned or destroyed.

(j) Any requests for confidential transmission shall be submitted to the Clerk of Courts for review and approval.

(k) The Clerk of Courts facsimile machine will be operational during regular county business hours.

2.9 DISMISSAL OF ACTIONS:

(a) The assigned judge periodically shall set a dismissal calendar for all actions where no issue has been joined and which are 90 days or older. If the action is not dismissed at the call of the calendar, counsel of record and/or parties not represented by counsel of record shall be directed to take certain action within a specified time. If such is not done within the prescribed time, the action shall be dismissed without further notice.

(b) An action shall be dismissed upon notice to the court that a bankruptcy proceeding has been filed in the United States Bankruptcy Court with the understanding that the case may be reopened upon notification from plaintiff's counsel at any time in the future that the bankruptcy proceeding has been terminated or the suspension lifted.

(c) An action shall be dismissed upon notice to the court that a petition for removal to the United States District Court has been filed with the understanding that the case may be reopened upon notification from plaintiff's counsel at any time in the future that the petition for removal to the United States District Court has not been allowed, or the case has otherwise been remanded to the Circuit Court.

RULE 3: DISCOVERY

3.1 FORM OF DISCOVERY RESPONSES: An objection or an answer to an interrogatory shall reproduce the interrogatory to which it refers. A response or an objection to a request for admission shall reproduce the request to which it refers. A response or an objection to a request for production of documents shall reproduce the request to which it refers. Upon request, the party serving the discovery request shall provide it electronically, if available.

3.2 SERVICE AND PROOF OF SERVICE OF DISCOVERY DOCUMENTS: All discovery documents not filed with the assigned judge pursuant to '804.01 (6), Wis. Stats., shall be served on all other counsel of record and/or parties not represented by counsel of record and shall contain proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Proof of service may appear on or transmitted by facsimile transmission at the discretion of the Judge or Clerk.

3.3 LIMITATION ON INTERROGATORIES:

(a) No party may serve more than a total of 35 interrogatories in any case upon any other party without the prior order of the court. For the purpose of computing the number of interrogatories served:

(1) each subpart of an interrogatory shall be construed as one interrogatory;

(2) parties represented by the same attorney or law firm shall be regarded as one party;

(3) interrogatories inquiring about the names and location of parties, expert witnesses, and other persons having knowledge of discoverable information, or about the existence, location, or custodian of documents or physical evidence shall not be counted toward the 35-interrogatory limit.

(b) If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the court pursuant to Rule 3.4 for permission to serve additional interrogatories. The motion shall show the necessity for the relief requested.

(c) The court will not compel a party to answer any interrogatories served in violation of this rule.

3.4 DISCOVERY MOTIONS: All motions to compel discovery or production of documents pursuant to Chapter 804, Wis. Stats., or any motion to serve additional interrogatories pursuant to Rule 3.3 must be accompanied by an affidavit by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

3.5 COMPLETION OF DISCOVERY: Completion of discovery means that discovery [including the use of depositions to preserve testimony for trial] shall be scheduled to allow depositions to be taken, interrogatories and requests for admissions to be answered, and documents to be produced in accordance with the time limits contained in Chapter 804, Wis. Stats., and prior to the date for completion of discovery contained in the scheduling order.

RULE 4: TELEPHONIC PROCEEDINGS

4.1 NON-EVIDENTIARY PROCEEDINGS:

(a) Any conference or non-evidentiary hearing may be conducted by telephone with the court's approval.
(b) If the court grants a request for telephonic hearing, the party making such request shall notify all counsel of record and/or parties not represented by counsel of record that the proceeding will be conducted by telephone and the party requesting the hearing shall initiate the telephone call.
(c) If a party intends to be personally present at a hearing scheduled as a telephonic proceeding, such party shall notify the court and all counsel of record and/or parties not represented by counsel of record of such intent at least 24 hours prior to the hearing. Such election to appear personally shall not mandate the presence of other counsel of record or parties not represented by counsel of record, who may elect to appear telephonically.

4.2 EVIDENTIARY PROCEEDINGS: If a party wishes to admit oral testimony to be communicated to the court by telephone:

(a) Such party shall contact the deputy court clerk or calendar clerk to determine if the court has the telephonic equipment necessary to accommodate such request.

(b) If the court is equipped to receive oral testimony by telephone, the requesting party shall contact all counsel of record and/or parties not represented by counsel of record to determine if all parties will stipulate to the taking of telephonic testimony.

(c) If all parties stipulate to the admission of telephonic testimony, the requesting party shall notify the deputy court clerk or calendar clerk of such stipulation at least 24 hours prior to the scheduled testimony.

(d) If all parties do not stipulate to the taking of telephonic testimony, any party seeking to admit such testimony shall raise the issue by motion.

(1) The motion, or supporting brief, shall address with particularity each of the factors listed in '807.13(2)(c), Wis. Stats. Such motion and any brief shall be filed at least 30 days prior to the date on which the testimony is scheduled to be taken.

(2) Opposing briefs shall be filed within 15 days after service of the motion.

(3) Any hearing on the motion shall be scheduled by the movant at least seven days prior to the date on which the testimony is to be taken.

4.3 CONDUCT OF TELEPHONIC PROCEEDINGS:
Initiation of Calls. Unless the court otherwise directs, all telephonic conferences and telephonic testimony shall be initiated by the party requesting the telephonic conference or telephonic testimony and any long-distance call must be charged to their personal or business office telephone numbers.

RULE 5: MOTIONS

5.1 HEARING DATES: Except as otherwise provided by law, motion hearings shall be scheduled on Monday mornings. Where special circumstances exist, the assigned judge may set a motion hearing at his or her discretion.

5.2 EX PARTE REQUESTS FOR TEMPORARY RESTRAINING ORDERS: Except for petitions filed under '813.12, 813.122, and 813.125, Wis. Stats., any party seeking to obtain an ex parte temporary restraining order or temporary injunction shall include a written statement documenting a good faith effort to contact the party sought to be restrained or counsel for the party, if known, prior to the request and inform the party or counsel, if known, of the time such request will be made and the judge or court commissioner which will be hearing such request. The requirement of notification pursuant to this rule may be waived by the court for cause submitted in writing.

5.3 VENUE MOTIONS:

(a) Motions for a change in venue shall be accompanied by affidavit or brief setting forth with particularity all grounds for transfer. A proposed order transferring venue shall be filed with the motion. The order shall specify which party is responsible for paying all statutory fees, or whether the fees are waived if transferred under '801.52, Wis. Stats.

(b) Any objections to the change shall be filed within 10 days after service of the motion upon such objecting party. Such objection shall set forth with particularity the grounds for opposing transfer. A proposed order denying the motion shall be filed with the objection.

(c) Hearing.

(1) Any party requesting a hearing on the motion for change of venue shall file such request with the motion or objection.

(2) If the court grants request for hearing, unless good cause is shown, such hearing will be conducted by telephonic conference call.

(3) No hearing shall be conducted until all parties have been served and afforded an opportunity to object.

5.4 SUMMARY JUDGMENT AND DISMISSAL MOTIONS:

(a) A motion for summary judgment under §802.08, Wis. Stats., or a motion for dismissal under §802.06, Wis. Stats., shall be filed in the office of the Clerk of Circuit Court together with any brief, affidavit(s), or other supporting documents. If movant does not desire to file a brief, affidavit(s), or other supporting documents, movant shall file a statement waiving the right to file such brief, affidavit(s), or other supporting documents. Prior to service and filing, movant shall obtain from the clerk a hearing date, and movant shall send notice of the hearing date to all attorneys of record and/or parties not appearing by an attorney of record.

(b) Responding party shall serve and file a brief, affidavit(s), or other supporting documents, or a waiver in writing on the right to do so. If responding party fails to file any brief, affidavit(s), or other supporting documents, or a waiver thereof, within the time limit set for response, it shall be presumed that the responding party has waived the right to do so.

(c) Movant shall serve and file a brief limited to matters in reply. Failure to timely file a reply brief shall be a waiver of the right to do so.

(d) A court order may prescribe a procedure different from this rule. Refer to Scheduling Order for deadlines related to the hearing of said motions and filing of supporting and opposing documents.

5.5 BRIEFING OF OTHER MOTIONS:

(a) A motion other than for summary judgment or dismissal shall be filed in the office of the Clerk of Circuit Court together with any brief, affidavit(s), or other supporting documents and shall be served upon any attorney of record and/or parties not represented by an attorney no later than five (5) business days prior to the hearing date.

(b) A respondent shall file with the office of the Clerk of Circuit Court any response brief, affidavit(s), or other supporting documents and shall serve upon the movant no later than two (2) business days prior to the hearing date.

5.6 LIMITATION ON LENGTH OF BRIEFS; CITATION OF NON-WISCONSIN JURISDICTIONS:

(a) Briefs may not exceed the following page limitations, exclusive of pages containing a statement of facts, exhibits, and affidavits;

(1) Movant Principal Brief - 30 pages;

(2) Briefs in opposition - 30 pages;

(3) Movant Reply Brief - 10 pages.

(b) Briefs in excess of the permitted length may be disregarded by the court.

(c) Copies of non-Wisconsin authorities shall be filed with the court at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).

5.7 UNTIMELY SERVICE AND/OR FILING: Any motion, brief, affidavit, or other supporting documents served and/or filed in an untimely fashion may be disregarded by the court and a decision may be based on the record as timely filed.

5.8 CONTINUANCES OR ADJOURNMENTS FOR MOTIONS: An attorney or party not represented by counsel who has a conflict with a motion date scheduled by another party must contact the attorney or party who initially scheduled the motion before requesting any adjournment from the court. The attorney who scheduled the motion may then contact the clerk's office to set up a different motion date.

RULE 6: TRIAL RULES

6.1 PAYMENT OF JURY FEE: Pursuant to '805.01(2) and '814.61(4), jury demand must be made prior to or at the pre-trial conference. Jury fees are due upon making the demand unless otherwise provided by the court. Untimely payment shall constitute a waiver of jury trial.

6.2 ADJOURNMENTS: Written requests for adjournment of trial are required if time permits. All requests should set forth specific reasons thereof. All non-emergency requests should be preceded by or simultaneous with notice to all other parties. Once a matter is scheduled for trial that matter may be adjourned only with the permission of the court.

6.3 EXAMINATION OF WITNESS: Only one attorney for a party unless otherwise permitted by the court shall:

(a) examine a witness;

(b) argue on motions or objections.

6.4 ARGUMENTS DURING TRIAL: Counsel shall not argue on a motion or objection during the trial, except upon leave of the court. Counsel shall make any motion or objection and legal basis, and then await the court's ruling or request for argument. No argument or discussion shall be had in the presence of a jury.

6.5 RETURN OF VERDICT: If counsel or any party not represented by counsel desires to be present upon a return of the verdict, for questions of the jury or upon request for further instructions, such counsel or party shall leave the telephone number where he or she can be reached with the bailiff or deputy court clerk and be available within the time set by the judge.

6.6 EXHIBITS: Large exhibits (charts, models, maps, etc.), deposition transcripts and physical evidence received at trial shall be retained, stored and kept intact by the party offering same unless otherwise provided. Upon the expiration of the time for appeal, if no appeal is taken, the exhibit, transcript or evidence may be destroyed.

RULE 7: MINOR SETTLEMENTS

7.1 FILING: All petitions for minor settlements under '807.10, Wis. Stats., shall be filed with the Clerk of Circuit court and assigned to a judge of the civil division.

7.2 CONTENTS OF PETITION: A petition for approval of minor settlement shall include a concise statement of the following to wit:

(a) age of the minor;

(b) nature and extent of the injury giving rise to the claim;

(c) permanent or temporary character of injuries;

(d) facts, events and circumstances out of which the claim arises, including time, place and persons involved;

(e) amount of and manner of determination of attorney fees and guardian ad litem fees; and

(f) proposed distribution of funds.

7.3 HEARING: Upon hearing the petition for approval of this settlement, the minor, his/her attorney and at least one of his/her parents, shall be in attendance. The court may, for cause, dispense with such personal appearances. It may require production of other evidence relating to the claim and injury.

RULE 8: TELEVISION/VCR EQUIPMENT POLICY

8.1 RESERVATION SCHEDULE: The Clerk of Court's Administrative Office Supervisor shall be responsible for maintaining the reservation schedule for the use of the equipment. Reservations shall be on a first-come, first-served basis. Litigants shall make reservation requests through the deputy clerk or calendar clerk. The deputy clerk/calendar clerk shall then finalize the reservations with the Administrative Office Supervisor. It shall be the responsibility of the deputy clerk of each branch to deliver the equipment to the courtroom and return the equipment to the designated storage area.

8.2 FEES: There shall be a charge of $50.00 per day for the use of the equipment for court proceedings. Pre-payment shall be required within 72 hours of the reservation request. Reservation shall not be confirmed until receipt of the pre-payment amount. All payments shall be given to the Administrative Office Supervisor for recording and processing. No refunds will be made unless 24 hour cancellation notice is given.

RULE 9: SMALL CLAIMS MATTERS

9.1 MANDATORY MEDIATION ORIENTATION FOR UNREPRESENTED PARTIES: All parties appearing without an attorney are required to be present for the initial return date on the date and time as indicated on the summons and to immediately thereafter attend a mediation orientation session presented by the Mediation Center for Waukesha County. Such orientation shall be held on site at the Waukesha County Courthouse. If any party fails to attend mediation orientation, the court is authorized, in its discretion, to enter judgment or dismissal. Eviction and replevin actions are not covered by this rule.

9.2 WRITTEN ANSWER IN SMALL CLAIMS CASES: When contesting a matter, defendant shall file a written Answer in the office of the Clerk of Circuit court, with copy to the plaintiff, either before the return date, at the time of the return date, or within fifteen (15) days of appearing at the return date. Failure to file a written answer may result in judgment against the defendant.

9.3 JURY DEMAND ON SMALL CLAIMS CASES: All contested small claims matters will proceed to court hearing before a court commissioner, prior to any jury trial.

9.4 SERVICE BY MAIL ON SMALL CLAIMS CASES: Service in any small claims action other than evictions, may be made by mail by leaving the original and necessary copies of the summons and complaint with the Clerk of Circuit Court together with the fee prescribed in §814.62(4), providing personal service has been attempted and failed, and an affidavit attesting to this is on file with the Clerk. This procedure applies to defendants who reside in Waukesha County only.

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