State Bar of Wisconsin

Juneau County
Circuit Court Rules
(Sixth Judicial District)

• Filing of Papers by Facsimile Transmission July 2001
• Guardian Ad Litem Fees April 2002
• Small Claims Rule April 2002

Local Court Rule 01-1.

Filing of Papers by Facsimile Transmission

01-01 Effective Date: July 1, 2001, replacing rule promulgated July 1, 1991.

01-01 Papers may be filed with the Juneau County Clerk of Court only at 608-847-9360 pursuant to the following provisions:

a. The document does not exceed fifteen (15) pages in length

b. No filing fee is required

c. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

d. Papers filed by facsimile transmissions completed after regular business hours of the clerk of circuit court's office are considered filed the next business day. The regular business hours of the Juneau County Circuit Court are 8:00 a.m. to 4:30 p.m.

e. 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. The transmitting party shall send no additional copies of the facsimile transmission. The Clerk of Circuit Court shall discard any duplicate papers subsequently received by the Clerk of Circuit Court, assigned judge, or court commissioner. 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 changed, the party who faxed the document to the court shall have the burden to show authenticity.

01-02 The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. 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.

01-03 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 SCR 801.16. Facsimiles exceeding 15 pages in length must certify that the assigned judge or court commissioner has approved the facsimile transmission.

01-04 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.

Top of Page

Effective date: July 1, 2001

Guardian ad Litem Fees

Guardian Ad Litem fees will be increased to $400.00 per person Commencing APRIL 1, 2002. These fees will be payable to the CLERK OF CIRCUIT COURT upon the appointment of a Guardian Ad Litem. Any fees not timely paid may result in a delay.

If the parties are both indigent, the Affidavit and Order of Indigency MUST BE FILED WITH THE CLERK OF CIRCUIT COURT.

If only one party is indigent the full amount must be paid by the Other party in the case, that is determined not to be indigent.

Top of Page

Effective date: April 1, 2001

Small Claims Rule

I. EFFECTIVE DATE: Effective April 1, 2002, and until further order of the Court, the following rules shall govern small claims proceedings in Juneau County, Wisconsin.

A. PLEADINGS: All pleadings shall be in writing unless upon the personal appearance of the defendant at the joinder of issue, the judge or court commissioner permits an oral denial to the demands of the complaint. No oral counterclaims, affirmative defenses or motions will be permitted. Answers by telephone will not be permitted. Section 799.06(1) , Wis. Stats.

B. SERVICE OF SUMMONS: Service of a summons may be made by personal or substituted service as provided in Section 801.11, Wis. Stats., or by regular mail, except as hereafter provided. Service may be made by certified mail, return receipt requested, providing that the fee prescribed by Section 814.62(4), Wis. Stats., is left with the Clerk of Courts. Section 799.12(2) & (3).

Service by mail to obtain a personal judgment shall be limited to Juneau County. Section 799.12(3), Wi Stats.

Service of a summons in the following matters SHALL be by personal or substituted service as provided in Section 801.11, Wi. Stats.,

(1) Eviction actions under Section 799.42 Wi. Stats.

(2) Contempt proceedings under Section 799.26 Wi Stats.

(3) Summons outside of Juneau County Section 799.12(3) Wi. Stats.

(4) Replevin actions under Section 799.12 Wi. Stats.

C. FILING REQUIRED BEFORE SERVICE: Service of a summons and complaint before filing and authentication thereof is not authorized. Section 799.12(7), Wi. Stats.

D. PERSONAL APPEARANCE NOT REQUIRED: Any defendant may join issue without appearing on the return date by answering a complaint in writing by mail or by delivery to the Clerk of Courts if such answer is received and filed with the Clerk of Court no less that two hours prior to the return date and time. Section 799.22(4), Wi. Stats. Likewise, the filing of an answer by the defendant, in compliance with this rule, is deemed an appearance by the defendant for purposes of Section 799.22(2), Wi. Stats.

Any summons or notice under Section 799.05(6) or (7), Wi. Stats., or Section 799.12(6)@, Wi. Stats., shall contain notice to the defendant of the option to answer without appearance in court on the return date and the methods of answering permitted by this rule.

Any answer in writing must be filed with the Court and served on plaintiff or plaintiff attorney before the return date.

Plaintiff appearance is not required on the return date, but the plaintiff must provide a letter to the Court requesting a default or an adjournment if the defendant does not provide an answer or appear in court on the return date. Any appearances by defendants will be set for an adjournment, pretrial or judgment depending on the situation. Notices will be sent to all parties.

E. RETURN DATE OF SUMMONS: The Clerk shall set the time and date at which the summons is returnable. 799.05(d) and 799.05(4) Wi. Stats.

F. JUDGMENTS: All judgments and orders, shall be prepared by the moving party or Attorney, for the judge's signature and filing no later than 30 days after relief if granted.

Top of Page

Dated and signed at Mauston, Wisconsin, this 15th day of March, 2002.