Fond du Lac County
Circuit Court Rules
(Fourth Judicial District)
Revisions posted to WisBar: March 18,
1998
Court Rule No. 1 - Procedure for Adoption of Court
Rules
1.1 Court rules, prior to adoption, shall be presented
at (2) two successive monthly meetings of the Fond du Lac County
judges.
1.2 Proposed rules shall be posted for public review
in the Courthouse by the Clerk and copies shall be forwarded to the
President and Secretary of the Fond du Lac County Bar Association at
least thirty days prior to formal adoption.
1.3 Notice of proposed rules as described in Sections
1.1 and 1.2 shall constitute sufficient public notice.
1.4 Rules shall be adopted by written order of a
majority of Fond du Lac County Circuit Judges, subject to approval of
the Chief Judge.
1.5 Orders adopting rules shall specify an effective
date.
1.6 Court rules as adopted shall be filed with the
Clerk, and the Clerk shall provide copies to the President and Secretary
of the Fond du Lac County Bar Association and the Chief Judge.
Top of Page
Court Rule No. 2 - Traffic and Non-traffic Forfeiture
Pre-trials
2.1 The judges of the Fond du Lac County Circuit Court
find that prompt pre-trials of forfeiture cases are necessary to reduce
the contested caseload, reduce the number of mailed notices, and reduce
the appearance of unnecessary witnesses, civilian and law
enforcement.
2.2 Prosecuting attorneys of forfeiture cases for all
the law enforcement agencies in Fond du Lac County are required to
attend all return dates for their respective agencies.
2.3 The prosecuting attorney shall, immediately after
the entry of a not guilty plea, confer with the defendant and attempt to
resolve the contested case.
2.4 The prosecuting attorney shall on the same day of
the pre-trial file a written pre-trial disposition report for each case
settled by pre- trial, signed by both the prosecuting attorney and the
individual defendant.
2.5 This pre-trial requirement shall only apply when
the defendant appears personally on the return date to enter the plea;
it does not apply to not guilty pleas made by mail or otherwise in
advance of the return date. The clerk shall schedule a pre-trial date
for cases having not guilty pleas made in advance of the return
date.
2.6 Failure of a defendant to appear at a pre-trial
scheduled by a mailed "notice and order to appear," may result
in default judgment and/or permit the prosecutor to cancel witnesses for
the trial date and move for default judgment upon non-appearance on the
trial date.
Top of Page
Court Rule No. 3 - Family Court Hearing
Procedures
3.1 SERVICE
-
Copies of all pleadings shall be served on the Family Court
Commissioner. Upon service, each party will receive a Preliminary
Scheduling Order requiring the parties to exchange specific information
within 90 days of filing. Failure to comply with the Preliminary
Scheduling Order may result in the imposition of sanctions by the Court
or delay in scheduling such matters for contested hearings or
trial.
-
Pursuant to Wis. Stat. 767.15, when any party or one or
more of his or her children is presently receiving, has received, or has
applied for public assistance (i.e., W-2, Wisconsin Works, Medical
Assistance, Badger Care, Food Stamps, Child Care Assistance, Kinship
Care or Foster Care), or an arrearage is owed to the State of Wisconsin,
the moving party or the party receiving public assistance shall provide
notice to Fond du Lac County Child Support Agency of the filing of any
pleading and of any hearing scheduled on the pleading. Notice of all
Family Court hearings shall be given to the Fond du Lac County Child
Support Agency. Notice shall be provided to the Fond du Lac County Child
Support Agency five days (eight days if by regular mail) prior to any
scheduled hearing, and if no hearing is set, within twenty (20) days of
service on the other party. Failure to provide timely notice to the
Child Support Agency is grounds for adjournment of the hearing or
reconsideration of the resulting orders.
-
Where either party is receiving, has received during the pendency of the action, or has applied for
public assistance, the Marital Settlement Agreement shall be submitted
to the Fond du Lac County Child Support Agency for approval as to form,
after signature of all parties, including any guardian ad litem, and before submission to the Family
Court Commissioner for approval.
-
Where either party is receiving, has received during the pendency of the action, or has applied for
public assistance, a copy of the Findings, Conclusions and Judgment
shall be filed by the attorney or party preparing same, with the Fond du
Lac County Child Support Agency.
-
When a guardian ad litem has been
appointed, the petitioner or the moving party shall serve a copy of all
current pleadings, together with all relevant prior orders, on the
guardian ad litem, within twenty (20) days after
receiving notice of the appointment.
3.2 PRE-TRIALS / PARENTING PLAN
Each parent is responsible for completing a proposed parenting plan on
their own behalf and seeing that the original is filed with the Court
and that both attorneys, the other parent if not represented by an
attorney, the Family Court Commissioner and the guardian ad litem if appointed, receive a copy, in
advance of any scheduled pre-trial hearing. In addition, other minimum
documentation to be presented at any pre-trial hearing will consist of
all documentation required pursuant to the Preliminary Scheduling
Order.
3.3 DEFAULT HEARINGS (767.10)
-
The party requesting a default hearing certifies that a written
stipulation, signed by both parties and approved by the Family Court
Commissioner, has been filed at the time of the request for hearing, and
that all statutory waiting periods have expired.
-
The moving party shall at the final hearing, before the case is
called, provide the Clerk with a completed DHSS Divorce
Certificate, Certificate of Mailing, Final Financial Disclosure
Statement and Findings of Fact, Conclusions of Law and Judgment of
Divorce.
3.3 CONTESTED HEARINGS
Minimum documentation to be presented at trial by the moving party as
exhibits will consist of all documentation required pursuant to the
Preliminary Scheduling Order.
3.4 FINANCIAL STATEMENTS: FORM & CONTENT
A financial disclosure statement and verification of income for three
(3) months prior to the hearing date must be filed by both parties
before or at the time of any hearing concerning child support,
maintenance, property division or any other financial matter, including
but not limited to temporary order hearings, contempt hearings, final
divorce hearings and hearings on motion to modify financial matters. A
copy must be provided to the other party. A copy must be provided to
Fond du Lac County Child Support Agency if public assistance is being
received by either party. Failure of either party to timely file a
complete financial disclosure statement as required shall authorize the
Family Court Commissioner or Circuit Court Judge to accept the statement
of the other party as accurate and complete.
3.5 ORDERS AND FIVE (5) DAY RULE
-
An order rendered by the Family Court Commissioner shall be reduced to
writing by the moving party unless otherwise directed by the Family
Court Commissioner.
-
All Orders for child support shall indicate how child support was
calculated, and if the child support order contains a deviation from the
percentage standards, the amount of deviation and the reason for the
deviation pursuant to Wis. Stat.§ 767.25(1n). If an Order fails to state a deviation and
a reason for a deviation, child support shall be considered to have been
calculated using the percentage standard.
-
In lieu of obtaining an opposing party's signature approving as to
form any order, when the Court renders an oral ruling which must be
reduced to writing, the party drafting such order or judgment may submit
the proposed order or judgment to all parties prior to submitting such
order or judgment to the Court for its approval. The submission shall
clearly reflect that the proposed order or judgment is being submitted
under the five (5) day rule. An objection by any party to the form of
the proposed order or judgment must be received by the Court within five
(5) days of the receipt of the draft. Five (5) days shall not include
weekends and holidays and shall be computed pursuant to Wis. Stat. 801.15(1). Upon expiration of the
five (5) day period, the Court may sign the order or judgment as
submitted, modify the order or judgment if the Court deems it
appropriate, or schedule the matter for further proceedings. If the
parties are unable to resolve disputes as to proposed orders, the
parties shall obtain a transcript of any hearing on the record,
splitting the cost of preparation of the transcript equally.
3.6 INCOME WITHHOLDING ORDER
Any order, either stipulated to or contested, establishing or modifying
child support, family support or maintenance must be accompanied by an
Order for Income Withholding or an Order Terminating/Suspending Income
Withholding if the payer is employed. Said Order shall be prepared by
the moving party unless otherwise prepared by the Family Court
Commissioner with copies provided to the parties during the course of a
hearing.
3.7 ARREARAGES
-
Unless otherwise provided by the Court, all child support, family
support or maintenance arrearages for temporary maintenance and support
incurred as a result of prior orders and before the granting of a
Judgment of Divorce/Separation shall be carried forward as an arrearage
in the Judgment of Divorce/Separation. Except as otherwise ordered,
dismissal of a divorce/separation action upon stipulation of the parties
or for failure to prosecute will result in expungement of all arrears
except those owed to the state.
-
Unless the parties agree otherwise, or if it is shown by credible
evidence that the records of the Wisconsin Support Collection Trust Fund
are not accurate, the amount of any arrearage shall be as shown by the
account history provided by the records of the Wisconsin Support
Collection Trust Fund.
3.8 DE NOVO HEARINGS
-
Pursuant to Wis. Stat. 757.69(8), any party who was present at a
hearing held by the Family Court Commissioner has the right to have the
assigned Circuit Court Judge hold a new hearing upon the filing of a
motion within 15 days of the oral decision of the Family Court
Commissioner, or within 15 days of mailing of a written decision by the
Family Court Commissioner if the order was not orally given by the
Family Court Commissioner at the time of the hearing. Findings and
orders entered by the Family Court Commissioner by stipulation or
entered by default are not subject to de novo review. Fifteen
(15) days shall be counted consecutively and include weekends and
holidays pursuant to Wis. Stat. 801.15(1).
-
The party requesting the de novo review must notify in
writing all interested parties, including the guardian ad
litem, the Family Court Commissioner, the Family Court counselor
and the Fond du Lac County Child Support Agency of the time and date for
the hearing.
-
An order based on the decision of the Family Court Commissioner must
be on file prior to the de novo hearing.
-
Notices or motions requesting a hearing de novo will not stay
the order of the Family Court Commissioner unless the Circuit Court
Judge assigned to the case specifically grants a stay of the order.
Should a party request a hearing de novo, the Court will not
proceed with any enforcement actions requested by that same party before
the hearing de novo.
-
The Family Court Commissioner will not hear any motions to modify an
order or temporary order if the matter is pending a de novo
hearing or if the divorce trial has been held and the Circuit Court has
taken the matter under advisement. The order in existence will remain in
effect until the Circuit Court renders its decision.
-
The Circuit Court's subsequent de novo hearing order
shall apply retroactively to the effective date of the Family Court
Commissioner's order unless otherwise provided by the Circuit
Court.
3.9 EX PARTE ORDERS
-
All requests for ex parte orders, whether prejudgment or post-judgment
shall be submitted to the Family Court Commissioner, or if the Family
Court Commissioner is unavailable, to the assigned Circuit Court
Judge.
-
Motions for ex parte orders must be accompanied by:
-
One or more affidavits of parties or lay witnesses alleging facts of
which the affiant has personal knowledge and which, if true, constitute
an emergency or other urgent circumstance justifying the issuance of the
proposed order; or:
-
One or more affidavits of competent expert witnesses based on facts
of record or alleged in proper affidavits, constituting an emergency or
other urgent circumstance justifying the issuance of the proposed
order.
-
All requests for an ex parte order shall contain a return date before
the Family Court Commissioner within seven (7) days of filing and shall
contain language which (a) extends the ex parte order only until the
date and time of the hearing and (b) specifically permits modification
or revision by the Family Court Commissioner or Circuit Court
Judge.
-
If service is not obtained by the date of the hearing, a separate
application for a new ex parte order must be obtained from the Family
Court Commissioner or assigned Circuit Court Judge.
-
It is the responsibility of the person or attorney who has obtained
the ex parte order to notify all counsel of record, including any
guardian ad litem, and pro se parties of the ex parte order and
the date and the time of hearing. The party obtaining an ex parte order
shall provide copies of the pleadings and ex parte order to all counsel
of record, including any guardian ad litem, and pro se parties
at least 48 hours prior to the scheduled hearing.
3.10 GUARDIAN AD LITEM
-
A guardian ad litem may be appointed by stipulation or
following a motion hearing, wherein appropriate statutory findings have
been made and/or mediation has been attempted. A guardian ad
litem appointed by stipulation of the parties shall only be
appointed upon payment of the full guardian ad litem deposit as
ordered by the Court.
-
Upon appointment of a guardian ad litem in any action
affecting the family, each party to the action, unless otherwise ordered
by the Court, shall make a prepayment toward the guardian ad
litem fees in the amount ordered by the Court. Failure of either
party to pay guardian ad litem fees during the pendency of any
action may result in the imposition of sanctions by the Court, dismissal
of the guardian ad litem appointment or delay in scheduling
matters for contested hearings or trial.
-
If any party believes that he or she is indigent and entitled to a
waiver or reduction of the prepayment toward the guardian ad
litem fees, that party shall file a Petition for Waiver/Reduction
of Custody Study and/or Guardian ad Litem Fee Deposit; Affidavit of
Indigency and Order provided by the Office of the Family Court
Commissioner. The Court may waive all or part of the advance fee, and
may order the non-indigent party to pay the entire deposit.
-
Petitions for waiver or reduction of costs and fees shall be submitted
for review by the Family Court Commissioner. The Family Court
Commissioner may question the petitioner regarding income, employment
and related infonnation alleged and/or request supporting documentation.
Payment or receipt of child support and/or maintenance, liquid assets,
equity in real estate, and/or other substantial assets shall also be
considered. The Family Court Commissioner may grant the waiver, deny the
waiver but defer payment to a date certain, or deny the waiver and
require payment as ordered. In.the event of a waiver, at any time before
or upon the conclusion of the case, the Family Court Commissioner may
order either or both of the parties to pay the costs and fees in part or
in full. Furthennore, reimbursement may be ordered when a party is no
longer indigent.
-
Guardian ad litem fees shall be shared equally between the parties,
unless otherwise allocated by the Court based upon stated fmdings, but
the parties shall in any event be jointly and severally responsible for
full payment of all guardian ad litem fees billed to Fond du
Lac County. Upon conclusion of the matter, a judgment will be entered in
favor of Fond du Lac County for reimbursement of fees paid, and real
estate owned now or in the future by either party is subject to a lien
in favor of the county. Any amounts unpaid under the order of the Court
may be referred to the office of the Fond du Lac County Corporation
Counsel for appropriate legal action and collection proceedings
3.11 Custody Studies
-
Upon completion of the guardian ad litem investigation and
recommendation, the guardian ad litem, either party, or the
Court may request that a custody study be ordered. The Family Court
Commissioner may order a custody study to be coordinated through Family
Court Services. The responsibilities for Family Court Services and the
purpose and scope of the study are as set forth in Wis. Stat. 767.11
(14). In addition, the custody study may include a psychological
evaluation and/or opinions of other experts.
-
An attorney for any party, the guardian ad litem and any
unrepresented party may obtain a copy of a custody study report prepared
by Family Court Services in any case involving said guardian ad
litem, attorney for any party or unrepresented party. The original
custody study report shall be filed with the Court and sealed within the
Court file. Copies of the reports shall be released to an attorney for
any party. Copies of the reports shall not be distributed directly to
the parties, but an attorney may share the reports by allowing a client
to read the report in the attorney's office or some other supervised
designation. If a party does not have an attorney, the party may make
arrangements to review the report under supervision of Family Court
Services.
-
Said report shall not be reproduced in any fashion by any attorney,
guardian ad litem or unrepresented party. Any attorney,
guardian ad litem or unrepresented party shall be advised that
the contents of such report shall not be disclosed to any other person
or persons other than a party to the case wherein the custody study has
occurred. All copies of the report shall be returned to Family Court
Services or the Court upon completion of the case.
-
Custody study fees, including fees for psychological evaluations must
be paid in full prior to commencement of the study unless otherwise
ordered by the Court. Failure of either party to pay fees as ordered may
result in the imposition of sanctions by the Court, dismissal of the
guardian ad litem and/or custody study or delay in scheduling
matters for contested hearings or trial. If either party should fail to
pay any fee assessed by Family Court Services, Family Court Services
shall notify the Family Court Commissioner in writing and the Family
Court Commissioner in his/her discretion may deny a request for a copy
of the custody study report until the requesting party pays outstanding
fees.
-
Custody study fees shall be shared equally between the parties, unless
otherwise allocated by the Court based upon stated findings, but the
parties shall in any event be jointly and severally responsible for full
payment of all custody study fees billed to Fond du Lac County,
including Family Court Services fees, guardian ad litem fees,
psychological evaluation fees, and other expert fees. Upon conclusion of
the matter, a judgment will be entered in favor of Fond du Lac County
for reimbursement of fees paid, and real estate owned now or in the
future by either party is subject to a lien in favor of the county. Any
amounts unpaid under the order of the Court may be referred to the
office of the Fond du Lac County Corporation Counsel for appropriate
legal action and collection proceedings.
3.12 PRO SE PARTIES
A person acting on his or her own behalf as an attorney, is held to the
same standards and duties as an attorney admitted to the practice of law
in the State of Wisconsin and is expected to know what the law requires
and how to accomplish his/her purpose(s) in accordance with the
applicable statutes and Court rules. No Court employee will instruct or
inform any person proceeding on a pro se basis, how to proceed or what
to do.
Revised: June 2006
Top of Page
Court Rule No. 4 - Form SM-32B Requirement for
Plea Hearings
4.1 The judges of the Fond du Lac County Circuit Court
find that the use of a Form SM-32B at criminal plea
hearings adds valuable written evidence of the voluntariness of the plea
and an understanding waiver by the defendant of his rights attendant to
a jury trial.
4.2 Use of the form shall be in addition to, and not a
substitute for, an on-the-record interchange between the court and the
defendant to establish the waiver of those rights and voluntariness of
the plea; the extent of that on-the-record interchange shall be
determined on a case-by-case basis at the discretion of the presiding
judge, prosecuting attorney, and the defense counsel.
4.3 The defendant is required in all criminal cases,
including criminal traffic, to complete a Form SM-32B and submit it to the presiding judge at
the opening of the plea hearing. The defendant's attorney shall
personally assist the defendant in completion of the form; if the
defendant is without counsel, the District Attorney shall be responsible
for the completion and filing of the form.
4.4 Form SM-32B shall be a
filed document and part of the record on appeal.
Top of Page
Court Rule No. 5 - Small Claims Procedure
Amended effective July 24, 2007
5.1 SERVICE OF SUMMONS:
Service of summons in all actions under Chapter 799, except evictions
actions, is authorized by mail as indicated in s.799.12(3), in lieu of
personal or substituted service under s.801.11. Service by mail to
obtain a personal judgment shall be limited to the county where the
action is commenced.
It is further authorized in small claims, that when a judgment has been
obtained in Fond du Lac County the service of a summons and complaint in
a garnishment proceedings by mail will be permitted for those defendants
and garnishee defendants residing outside of Fond du Lac County.
NOTE: If a garnishee defendant does not file the required answer on or
before the return date indicated on the summons, judgment will not be
granted against the garnishee defendant until such time as the garnishee
defendant is brought before the court on an Order to Show Cause. The
Order to Show Cause is to be served personally on the garnishee
defendant.
5.2 PLEADINGS:
-
Except in Chapter 425 actions, all Small Claims summons and complaints
shall be on the uniform printed form, available from the Clerk of
Court.
-
The simple form of Small Claims Complaint cannot be used in Chapter
425 actions. Instead, the plaintiffs will have to draft their own
pleadings. The form of Summons is set forth in Wis. Stats. 425.205(2),
and the contents of the complaint required are set forth in 425.205(3).
In Chapter 425 actions the plaintiff must incorporate the Notice of
Right to Cure Default form as an exhibit to his complaint.
-
In money judgment actions, where the plaintiff is represented by a
collection agency,J the plaintiff should insert in Paragraph 3 of the
Complaint the following: Name, address, and telephone number of agent
for the plaintiff that the defendant may contact to discuss the
account.
-
In eviction actions the plaintiff should file with the original
Complaint the Notice Terminating Tenancy and Proof of Service of that
Notice.
-
ANSWER: All defendants who appear pro se on the return date will be
provided with one copy of the Answer form, which they must fill out and
file with the Clerk no later than the return date if they contest the
claim. A copy of the Answer will be mailed by the Clerk's Office to
the Plaintiff, or attorney for the plaintiff, along with the Notice of
Trial when that document is eventually sent. 799.06(1)
-
VERIFICATIONS: Garnishment pleadings need not be verified.
812.04(3). Verification of the Complaint in a principal action on
contract for recovery of money is indirectly required by Wis. Stats.
799.22(3). That section requires, in default judgrnents; that either the
Judge or Clerk may enter a default judgment in such action upon receipt
of a verified complaint, affidavit of facts, sworn testimony, or other
evidence. The practical solution, because of the large volume of default
judgments in contract actions, is to require that the original Complaint
be verified.
5.3 RETURN DATES:
-
Effective August 1, 1989 all Small Claims cases shall be returnable on
Thursdays at 9:30 a.m. or 10:00 a.m.
-
All Small Claims cases shall be returnable before, and called by, the
presiding Intake Judge.
-
Both plaintiff and the defendant must appear on the return date,
either in person, by attorney, or other authorized agent.
799.22(1)&(2)
-
If the defendant is a nonresident of the State of Wisconsin, the
defendant may join issue in any Small Claims action without appearing on
the return date by answering by mail, provided such answer is received
by the Clerk of Circuit Court of Fond du Lac County no later than the
return date.
-
Unless the court's calendar requires an adjournment, eviction
actions shall be tried on the retum date.
5.4 MEDIATION:
-
If a dispute exists on the return date, both parties shall be required
to attend a mediation orientation meeting, go through the mediation
process and execute the mediation service documents, as presented,
before being scheduled for a trial.
This will follow the call of the court calendar for that return date.
A representative of the Fond du Lac Conflict Resolution Center, Inc.
will be present in court to show the parties where to go.
-
Failure to go through the mediation orientation meeting and mediation
session, failure to appear at any subsequently-agreed upon mediation
session, failure to execute mediation service documents, as presented,
and a failure to mediate in good faith, may result in the entry
of a default judgment or a dismissal, with costs, with or without
prejudice, as appropriate.
-
If the parties cannot reach an agreement after attempting mediation, a
hearing on the merits shall be held before the court, when scheduled.
Notice of the hearing will be mailed to the parties, informing them of
the scheduled date.
Top of Page
Court Rule No. 6 - Family Court Commissioner
Assignments
6.1 The purpose of this rule is to codify the existing
practice with respect to hearings before the Family Court Commissioner
and to expand his authority where authorized by statute to relieve the
burden placed on the judges by adoption of the Intake Court System
effective August 1, 1986.
6.2 PATERNITIES
As authorized by Wisconsin Stats. 767.458 and 767.46, the Family Court
Commissioner shall preside over all first appearances and pretrials in
paternity proceedings, and shall determine support and enter judgments
if the alleged father voluntarily acknowledges paternity of the child.
If paternity remains contested after pretrial hearing and receipt of
blood test reports, the Family Court Commissioner shall notify the judge
actually assigned the case so it can be set for trial.
6.3 DIVORCE FINAL HEARINGS
The Family Court Commissioner, pursuant to Wisconsin Stats.
767.13(5)(a), may preside at any hearing held to determine whether a
judgment of divorce shall be granted, if both parties state that the
marriage is irretrievably broken and that all issues, including but not
limited to division of property or estate, legal custody, physical
placement, child support, spousal maintenance and family support, are
resolved, or if one party does not participate in the action for
divorce.
6.4 ENFORCEMENT OR REVISION OF JUDGMENTS
The family Court Commissioner may, as authorized by Wisconsin Stats.
767.13(5)(b), conduct hearings and enter judgments in all post-judgment
actions for enforcement of or revision of judgment for maintenance,
child support arising out of divorce, paternity, or URESA proceedings,
custody, physical placement, or visitation.
6.5 DOMESTIC ABUSE AND HARASSMENT INJUNCTIONS (813.12 &
813.125)
The Family Court Commissioner shall review all domestic abuse petitions
under Wisconsin Stats. 813.12, all harassment petitions under Wisconsin
Stats. 813.125, issue temporary restraining orders where appropriate,
and preside at the final hearings for injunctive relief under 813.12(4)
and 813.125(4).
Top of Page
Court Rule No. 7 - Facsimile Transmission of
Documents
7.1 Facsimile documents transmitted directly to the
courts shall be accepted for filing only if:
a. The circuit court has a facsimile machine capable of reproducing
documents that meet Supreme Court Rule 72.01 concerning retention of
filed documents. Only plain-paper facsimile machines currently comply
with this requirement.
b. The circuit court has a facsimile machine physically located within
the offices of the clerk of circuit court or the register in probate.
c. The circuit court has a telephone line designated for a fax
transmission.
d. The document does not exceed fifteen (15) pages in length, excluding
cover sheet.
e. No filing fee required.
7.2 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:
a. No filing fee is required.
b. The transmission complies with the local rule or has been approved
by the assigned judge or court commissioner and certified by the party
or attorney.
7.3 The party transmitting the facsimile document is
solely responsible for ensuring its timely and complete receipt.
7.4 The circuit court, judge or clerk is not
responsible for:
a. Errors or failures in transmission that result in missing or
illegible documents.
b. Periods when a circuit court facsimile machine is not operational
for any reason.
7.5 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 ss. 801.16. The attorney filing said documents shall
certify that he/she has received said authorization.
7.6 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.
7.7 Papers filed by facsimile transmission completed
after regular business hours of the clerk of circuit court's office
are considered filed the next business day.
7.8 Facsimile papers are considered filed upon receipt
by the clerk of circuit court and 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 by the clerk of circuit court, assigned judge, or court
commissioner.
Revised: September 2001
Top of Page
Court Rule No. 8 - Mortgage Foreclosure
Procedure
That in all foreclosure actions, the plaintiff shall attach to the
Summons and Complaint served upon the defendant/homeowner the following
printed forms that can be downloaded from the Fond du Lac County website
or will be available at the Fond du Lac county Clerk of Courts
Office:
-
Notice of Availability of Mediation
-
Application for Mediation
Top of Page