State Bar of Wisconsin

Walworth County Circuit Court Rules - Civil

1. Scheduling
2. Pretrial & Motion Proceedings
   1. Pretrial
   2. Civil Motions
   3. Evidentiary Motions
   4. Default Judgment/Mortgage Foreclosure and Confirmation of Sheriff Sale
   5. Motion for Default Judgment
   6. Standard Summary Judgment Procedure
   7. Dismissal/Default/Settlement Calendar
3. Return of Verdict
4. Orders, Findings of Fact, Conclusions of Law & Judgment
5. Administrative Reviews/Certiorari

Civil

1. SCHEDULING

Scheduling questionnaires will be sent out or the clerk will schedule a scheduling conference approximately 120 days after the action is filed.

2. PRETRIAL AND MOTION PROCEEDINGS

1. Pretrial. In all pretrial proceedings, attorneys must have the authority to negotiate in the absence of their client. If authority is not granted, immediate telephonic access to the client shall be required. Pre-trials are considered working sessions to effectuate settlement whenever possible. Attorneys shall therefore be prepared with all data necessary to enter into meaningful settlement discussions.
   
2. Civil Motions. Unless otherwise ordered by the court, all civil motions, including motion for summary judgment, shall be accompanied by supporting papers and a memorandum of authority upon filing. A responding party shall have served and filed with the court a memorandum of authority and all supporting papers, at least five (5) business days, as defined by 801.15(1)(b) Stats., prior to scheduled hearing; if not so served or on file, the court shall have absolute discretion to not consider same. If respondent fails to do so, it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. A decision shall be based upon the record as timely filed and oral arguments, if permitted.
   
3. Evidentiary Motions. When permitted by law and upon application to the court, the court may order that an evidentiary hearing be held on a motion or petition. Notice to the opposing parties shall clearly indicate that evidence will be presented at the hearing, the nature of the evidence and the witnesses to be called. Without such order and notice, the hearing on any motion shall be limited to the record, affidavits and papers served or made available pursuant to § 802.01 Wi. Stats.
   
   
4. Default Judgment-Mortgage Foreclosure and Confirmation of Sheriff Sale. Application for default judgment will be granted WITHOUT a hearing in open court (a court date/time will be assigned) if the following conditions are met:
   
   
   1. Appropriate paperwork and affidavits have been filed with the court, including the $5 judgment/docket fee.
   2. Proof of statutory notice to all parties.
   3. No written objection has been filed with the court and plaintiff 48 hours before assigned date/time. If an objection is filed, the court will assign a new hearing date/time and send notice.

   If no timely, written objections have been filed, the court will grant default judgment as scheduled and no appearances will be necessary.

   Confirmation of Sheriff Sale will also be granted WITHOUT a hearing in open court (a court date/time will be assigned) if the following conditions have been met:

   1. Appropriate paperwork has been filed with the court.
   2. Proof of statutory notice to all parties.
   3. Written proof that sheriff sale is at least 75% of market value (proof i.e. printout from County Treasurer's office). In cases where 75% of market value has not been met, affidavit showing special circumstances must accompany moving papers.
   4. No written objection has been filed with the court and plaintiff 48 hours before assigned date/time. If an objection is filed, the court will assign a new hearing date/time and send notice.
      
      If no timely written objections have been filed, the court will grant Confirmation of Sheriff Sale and no appearances will be necessary.
      
      
5. Motion for Default Judgment.
   1. In addition to the requirements of Wi. Stats., § 806.02(3)(a), the court may require that notice be served on defendant(s).
      
      See *Midwest Developers v. Goma Corp., 121 Wis. 2d. 632, 651 (1984).
6. Standard Summary Judgment Procedure
   1. Each party seeking summary judgment shall serve and file with the motion for summary judgment:
      1. Statement of Proposed Undisputed Facts
      2. Statement of Proposed Conclusion of Law
      3. Brief in support of the motion.
   2. A Statement of Proposed Undisputed Facts and a Statement of Proposed Conclusion of Law may be submitted as a combined document but the brief in support of the motion for summary judgment must be submitted as a separate document.
      1. Factual propositions shall be set forth in numbered paragraphs, and to the extent practicable, each paragraph shall state only one factual proposition.
      2. After each paragraph, there must be a reference to the evidentiary basis per § 802.08(3) Wis. Stats., such as deposition, discovery, pleading or affidavit with the specific reference to the page(s) and line(s) that prove the fact asserted.
   3. Proposed Conclusions of law shall be in numbered paragraphs, shall accurately characterize the law on the issue in question and shall be supported with a legal citation. (Must cite to specific page(s). Just citing a case without references to specific page(s) that support the conclusion of law will be ignored.)
   4. Upon service of the motion for summary judgment, within five (5) days, any party opposing a pending motion shall serve and file:
      1. A response to the moving party's Proposed Undisputed Facts and
      2. A response to the moving party's Proposed Conclusion of Law, and
      3. A brief in opposition to the motion for summary judgment, and
      4. Any supporting papers, pursuant to § 802.08(3), Wis. Stats. that the party chooses to submit.
   5. The responses to the moving party's Proposed Undisputed Facts and Proposed Conclusions of Law may be submitted as a combined document but the Brief in opposition to the motion for summary judgment must be submitted as a separate document.
      1. The response to the moving party's Proposed Undisputed Facts shall state whether there is a genuine issue of fact as to the whole or part of the factual proposition.
      2. Any response asserting the existence of a genuine issue of fact shall cite to depositions, discovery responses, pleadings, or affidavits, that comply with § 802.08(3), Wis. Stats with the specific reference to the page(s) and line(s) that prove the fact asserted that opposes the movant's asserted fact.
      3. Unless the responding party places a factual proposition of the moving party in dispute, the court will conclude that there is no genuine issue of fact as to the finding initially proposed by the moving party.
   6. Response to Proposed Conclusion of Law shall respond to each legal conclusion stated by the moving party in the same manner as 3. above. If the responding party believes the motion must fail because of conclusions of law not stated by the moving party, the respondent may state such other conclusions of law again as in 3. above.
   7. 5 days after service of the brief in opposition to the motion for summary judgment, the moving party may submit a reply brief.
7. Dismissal/Default/Settlement Calendar and Service of process. All civil cases will be reviewed for service and answer 90 days after filing. If at that time it is found that a case has not reached issue, a dismissal order or default proceeding shall be initiated by the court.

Stipulation and Order for Dismissal shall be filed within 30 days of the notice of settlement, or the action will be set for dismissal and notice given.

3. RETURN OF VERDICT

If an attorney desires to be present upon a return of verdict or upon a request for further instructions, a telephone number must be left with the court where counsel can be reached.

4. ORDERS, FINDINGS OF FACT, CONCLUSIONS OF LAW & JUDGMENT

Unless otherwise ordered by the court, within 30 days of a court decision or jury verdict, the prevailing party shall file the appropriate order; findings of fact, conclusions of law and judgment. A copy of same shall be served on all other parties.

Written objection to proposed order; findings of fact, conclusions of law and/or judgment shall be filed and served within five (5) business days of service or be deemed waived.
A clerk shall not sign a judgment unless:

Findings of fact, conclusions of law and/or order for judgment have been signed by the judge.

A fee of $5 has been tendered, pursuant to § 814.61(5)(b)

5. ADMINISTRATIVE REVIEWS/CERTIORARI

In all cases where the complaint/petition seeks administrative review/certiorari, the complaint/petition shall be accompanied by an order/writ requiring the custodian of the record being reviewed to submit a certified copy of such record as required by law. Such record shall be numerically paginated and contain a copy of the applicable statutes/ordinances.

Walworth County Circuit Court Rules