State Bar of Wisconsin

Manitowoc County
Circuit Court Rules
(Fourth Judicial District)

1. Court Rule Procedures March 2001
   1.01 Procedure for Adoption of Court Rules
   1.02 Publication
   1.03 Effect of Rules
2. Rules of General Applicability February 2009
   2.01 Procedure for Adjournments
   2.02 Facsimile Transmission of Documents
   
3. Criminal/Traffic Rules March 2001
   3.01 Procedure for Service of Process for State Public Defender Clients
   
4. Civil Practice Rules March 2001
   4.01 Procedure for Exhibits
   4.02 Payment of Non-Contract Guardian ad Litem Fees
   
5. Small Claims Rules March 2004
   5.01 Service by Mail Authorized
   5.02 Pleadings in Writing
   5.03 Statement of Defenses Required
   5.04 Appearances in Small Claims Court
   5.05 Hearing Procedures
   5.06 Third Party Actions
   5.07 Application for Bench Warrant
6. Family Court Rules February 2002
   6.01 Procedure for Dismissing Inactive Family Actions
   6.02 Post Judgment Procedures
   6.03 Divorce Stipulated Final Hearing Requirements
   6.04 Divorce Pretrial Requirements
   
7. Juvenile Court Rules March 2001
   7.01 Termination of Parental Rights of Parents Subject to a Prior Order for Support
   

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1. COURT RULE PROCEDURES

1.01 PROCEDURE FOR ADOPTION.

(1) Court Rules, prior to adoption, shall be presented at two successive meetings of the Manitowoc Circuit Court Advisory Committee for advice. This requirement may be waived with respect to the adoption of any rule for good cause as determined upon the order of all Manitowoc Circuit Judges.

(2) All rules shall be adopted by written order of the Manitowoc Circuit Judges.

(3) Orders adopting rules shall specify and effective date. Pursuant to Wis. Stat. §753.35(1), except for a rule adopted or amended as an emergency rule, the Circuit Judge shall file an adopted or amended rule with the Clerk of Courts office prior to the rule's effective date.

1.02 PUBLICATION.

Following adoption, all rules shall be filed and distributed as required by Wis. Stat. §753.35.

1.03 EFFECT OF RULES.

Any rules adopted hereunder are intended to provide for the guidance of parties and more efficient administration of the courts. Any Circuit Court Judge or Court Commissioner has the authority to explicitly or implicitly waive compliance with any court rule and such waiver shall not affect the validity of any court proceeding

753.35 Rules of practice and trial court administration

(1) A circuit may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under §751.12 and statutes relating to pleadings, practice and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the state bar of Wisconsin, the state law library and the office of the director of state courts. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

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2. RULES OF GENERAL APPLICABILITY

2.01 REQUESTS FOR ADJOURNMENTS.

Whenever an adjournment is sought more than 48 hours prior to a scheduled court proceeding, the requesting attorney/party shall:

(1) Make request in writing;

(2) State the specific reason for request;

(3) Provide a copy of the request to other parties; state the position of the other parties on the request;

(4) Provide a copy of the request to his/her client at the judge's discretion;

(5) Direct the request to the presiding judge.

2.02 FACSIMILE TRANSMISSION OF DOCUMENTS

(a) Facsimile Equipment. The Manitowoc County Clerk of Circuit Court office shall maintain a plain-paper facsimile machine. The telephone munber for said fax machiue is (920) 683-2733.

(b) Approval Required for Facsimile Transmissions Exceeding 15 Pages. Prior approval must be obtained from the assigned judge or court commissioner for the facsimile transmission of documents exceeding 15 pages in length to the Clerk of the Circuit Court for filing, and the party or attorney transmitting the document shall certify that the assigned judge or court commissioner has approved the facsimile transmission.

(c) Facsimile Fees. A fee of $1.25 per page will be charged for each page sent or received by the Clerk of Circuit Court by facsimile transmission. Prepayment is required before the Clerk of Circuit Court sends any document, but me Clerk of Circuit Court will bill for each page received. Payments may be made in person by cash, check, credit card, or debit card; on-line by credit card or debit card at www.manitowoccounty.org by clicking on the icon for "Court Fines/Fees"; or by toll-free, operator-assisted call to 1-866-480-8552. Payment in full must be made within 15 days from the date a bill is issued by the Clerk of Circuit Court.

(d) When Facsimile Documents Considered Filed. A facsimile document must be transmitted directly to the Clerk of Circuit Court fax machine at (920) 683-2733 to be considered officially filed. No exceptions.

(e) Documents Permitted to be Filed. Facsimile documents transmitted for filing directly to the Clerk of Circuit Court shall be accepted for filing only if:

(1) No filing fee is required to file the document.

(2) The document does not exceed 15 pages in length or the facsimile transmission has been approved by the assigned judge or court commissioner.

(3) Neither the party nor the attorney sending the facsimile transmission has any outstanding bill due to the Clerk of Circuit Court.

(f) Conditions of Acceptance of Facsimile Documents:

(1) No Additional Copies. Pursuant to Wis. Stat. § 801.16(2)(e), facsimile documents filed with the Clerk of Circuit Court are the official record and may
not be substituted. Do not follow up a fax transmittal with the original document. NO ADDITIONAL COPIES SHOULD BE SENT. ANY DUPLICATE PAPERS SUBSEQUENTLY RECEIVED WILL BE DISCARDED.

(2) Responsibility for Errors. The party transmitting a facsimile document is solely responsible for ensuring its timely and complete receipt. The Clerk of
Circuit Court is not responsible for errors or failures in transmission that result in missing or illegible documents or failures in transmission due to periods when the facsimile machine is not operational for any reason.

(3) Facsimile Transmissions Received During Regular Business Hours. Documents filed by facsimile transmission must be completely received during
regular business hours to be considered filed upon receipt. Documents filed by facsimile transmission completed after regular business hours will be
considered filed the next business day. Regular bUSiness hours are Monday 8:30 am. to 5:00 p.m. and Tuesday through Friday 8:30 a.m. to 4:30 p.m.

(4) Authentications. Parties shall provide sufficient facsimile copies if authentications are requested. If mailing of authenticated copies is requested, the requester will be billed for actual costs of mailing.

(5) Exercise Discretion in Filing Documents by Facsimile. There is no comparison between the quality of an original document and a facsimile
transmission. Facsimile transmissions can be fuzzy, illegible, crooked, or contain lines created by faulty equipment on either end of the transmission. To
help maintain quality documents in our court record, we would encourage individuals to limit use of facsimile transmissions for filing documents to
situations where there is a time deadline at issue or for situations requiring immediate attention by the court. Facsimile transmissions should not become
a substitute for mailing.

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3. CRIMINAL/TRAFFIC RULES

3.01 PROCEDURE FOR SERVICE OF PROCESS FOR STATE PUBLIC DEFENDER CLIENTS

(1) In Manitowoc County Circuit Court proceedings where counsel has been provided to a person through the office of the State Public Defender, service of process of witnesses and payment for service of process and witness fees shall be accomplished, pursuant to Wis. Stats. §885.10, in the following manner:

(a) That subpoenas directed to the Manitowoc County Sheriff's department for service shall be accompanied by a photocopy of the State Public Defender's "Order Appointing Counsel";

(b) That the presentation of the aforesaid copy of the "Order Appointing Counsel" shall have the effect of a court order requiring the Sheriff's department to serve process on the witness named therein in the same manner as service of process for witnesses for the State;

(c) That service of process fees and witness fees in a Manitowoc County Circuit Court proceeding where counsel has been provided to a person through the office of the State Public Defender shall be paid in the same manner as witness fees for the State are paid.

(2) That this rule does not purport to regulate or otherwise limit in any Manitowoc County Circuit Court proceeding the use of other agents for service of process, the manner of service, or payment of service and witness fees, except as set forth above.

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4. CIVIL PRACTICE RULES

4.01 PROCEDURE FOR EXHIBITS

(1) Pleadings and other papers already in the court files (time stamped), including the stipulations and financial disclosure statements, shall not be marked as exhibits.

(2) Exhibits that have been marked for identification shall be retained by the clerk unless the exhibit is withdrawn on the record or the court authorizes other disposition either on the record or by written order.

(3) At the close of all non-criminal trials, the presiding judge or court commissioner shall request the parties to stipulate to the disposition of all exhibits being held following determination of any appeal or expiration of the time for appeal if no appeal is filed.

(4) If parties stipulate as requested, they shall sign a form provided by the clerk and make arrangements for appropriate disposition of the exhibits.

4.02 PAYMENT OF NON-CONTRACT GUARDIAN AD LITEM FEES.

The Manitowoc Circuit Court Advisory Committee having conducted a written survey of all attorneys with offices in Manitowoc County to ascertain the availability of qualified counsel to serve as guardian ad litems at the current statutory rate under Wis. Stats. §977.08(4)(m); and

The results of the survey showing the Circuit Court of Manitowoc County cannot meet even 10% of its appointed guardian ad litem needs on an annual basis at the statutory rate of compensation;

In accordance with ex rel Friedrich v. Dane County Circuit Court, 192 Wi 2d (1995) that court appointed guardian ad litems be reimbursed at the rate specified by SCR 81.02.

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5. SMALL CLAIMS COURT RULES

5.01 SERVICE BY MAIL AUTHORIZED.

Service of summons by regular mail is authorized as provided in Wis. Stats. §799.12(3), except personal service shall be required for eviction actions, replevin actions where a deficiency is requested, all consumer credit replevin actions brought under Chapter 425, and non-earning garnishment actions.

5.02 PLEADINGS IN WRITING.

All pleadings under Chapter 799 shall be in writing unless specifically ordered otherwise by the court in a specific action.

5.03 STATEMENT OF DEFENSES REQUIRED.

In order to give the plaintiff adequate notice of the nature of the defense, the defendant in all contested small claims cases shall file a written Statement of Defenses within 10 business days from the return date and send a copy to the plaintiff or plaintiff's attorney. Failure to serve and file a timely Statement of Defenses may result in a default judgment against the defendant.

5.04 APPEARANCES IN SMALL CLAIMS COURT.

(1) Except as provided in sub (3) below, the plaintiff must appear in court on the return date stated in the summons, in person or by counsel, except that counsel may appear my mail.

(2) Except as provided in sub (3) below, the defendant must appear in court on the return date stated in the summons, in person or by counsel, except that counsel may file a written answer which will constitute an appearance.

(3) Out of State defendant as authorized by Wis. Stats. §799.22(4)(am), any defendant who is not a resident of the State of Wisconsin may join issue without appearing on the return date by answering by mail prior to the return date. Under Wis. Stats. §799.22(4)(b)(1), the plaintiff need not appear at the return date when this rule applies.

5.05 HEARING PROCEDURES.

(1) If the action is not disposed of at the return date, the court shall set a commissioner hearing approximately 30 days after the return date. Commissioner hearings shall be set for 30 minutes and shall be conducted informally pursuant to Wis. Stats. §799.209. Each party shall have 15 minutes to present their case and the commissioner shall make a record of the proceeding noting the time and location of the hearing, the parties, witnesses and attorneys present and the decision. Any party that is not satisfied with the decision of the commissioner may file a Demand for Trial pursuant to Wis. Stats. §799.207.

(2) In the event any party to a small claims case fails to appear at the commissioner hearing, the following disposition shall be made:

(a) Failure to appear of the plaintiff: Dismissal with prejudice.

(b) Failure to appear of the defendant: Default judgment.

(c) Failure to appear of both parties: Dismissal without prejudice.

(4) Any defaulting party may bring a petition to reopen the default judgment. If the petition is granted, the court may award costs up to $50.00 to the other party.

5.06 THIRD PARTY ACTIONS.

(1) Any defendant wishing to add another party to a small claims action must file a third party summons and complaint no later than 20 days after the Return Date. Such third party summons and complaint shall be returnable at the commissioner hearing and serve pursuant to Wis. Stats. §799.05 not less than 8 days prior to the commissioner hearing.

(2) If a Demand for Trial is filed by any party after the commissioner hearing, the third party defendant shall file a written Statement of Defenses within 10 business days after receipt of notice of the trial date and send a copy to all parties in the action or their attorney.

5.07 APPLICATION FOR BENCH WARRANT.

A plaintiff seeking the issuance of a bench warrant against a judgment debtor who fails to appear in court on an order to show cause for failing to appear for a supplemental examination or failing to complete a financial disclosure statement shall complete an affidavit verifying the following information:

(1) Debtor's full name.
(2) Debtor's current address.
(3) Debtor's date of birth
(4) Sex of debtor.

The applicant shall also provide, if available, the debtor's telephone number, driver's license number, height, weight, race, eye color, hair color, or other identifying characteristics. The affidavit shall recite that the judgment debtor has failed to appear in court on an order to show cause, specify the reason for the appearance, and verity that there is a proof of service on the judgment debtor for the failed court appearance in the court's file. The affidavit shall be prepared on a form to be supplied by the clerk.

• Affidavit in support of Request for Civil Bench Warrant 42 KB
• GTF-165 Bench Warrant Civil 35 KB

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6. FAMILY COURT RULES

6.01 PROCEDURE FOR DISMISSING INACTIVE FAMILY ACTIONS.

(1) Dismissal Orders shall be prepared as follows:

(2) Any orders in the case for support or maintenance shall be computed by the Child Support Agency up the date the Dismissal Order becomes effective.

(3) Copies of all orders entered pursuant to this court rule shall be sent to each party or attorney of record, to the Family Court Commissioner and to the Child Support Agency.

6.02 POST JUDGMENT PROCEDURES

(1) All motions for revision of judgments under Wis. Stats. §767.32 shall be heard by the Family Court Commissioner, unless the Commissioner recommends, and/or the Court determines that the matter is more appropriate for hearing before a judge

(2) Hearings shall be by sworn testimony and documentary evidence on the record. A "Findings of Fact and Order" of the Family Court Commissioner shall be prepared by the prevailing party, or in the case of pro se participants, by the Family Court Commissioner, and submitted for signature within thirty (30) days of the date of the post-judgment hearing.

(3) Review by Circuit Court

(A) Either party may, at any time after the hearing , but not later than thirty (30) days after the date of the order, move for review of said Findings and Order of the Family Court Commissioner by the Judge of the branch of the court to which the case has been assigned.

(B) The motion for review shall include:

1. The decision, order or ruling for which a review is sought, and

2. Whether the hearing requested is a new evidentiary (de novo) hearing or a hearing on the record. If the review is requested on the record, the moving party shall take the necessary steps to have a transcript of the commissioner hearing filed with the circuit court prior to the review hearing.

6.03 DIVORCE STIPULATED FINAL HEARING REQUIREMENTS

(1) Prior to the scheduling of a final stipulated hearing in a divorce case, the following items from the requesting party must be in the court file:

(a) The requesting party's signed Financial Disclosure Statement, which must have been furnished to the opposing party.

(b) A signed Marital Settlement Agreement resolving all issues of property division, custody, placement, child support and maintenance.

6.04 DIVORCE PRETRIAL REQUIREMENTS

(1) Prior to the scheduling of a pretrial in a divorce case, the following items from the requesting party must be in the court file:

(a) Financial Disclosure Statement The requesting party's signed Financial Disclosure Statement, which must have been furnished to the opposing party, complete with supporting information. "Supporting information" includes the following:

Assets:

1. Income Tax Returns. Copy of federal income tax returns for the last two years.

2. Current Income Information. Copies of the party's pay stubs for four most recent pay periods, or, if the stub shows year to date totals, the most recent period only.

3. Real Estate. In the case of real estate, copy of appraisal, tax bill, or other written information supporting the claimed value of the real estate. Also, a copy of the most recent mortgage balance statement from any mortgage holder.

4. Retirement Plans. In the case of any retirement plan, a written earnings statement or letter from the employer or plan administrator showing the current value of the plan or the current benefits which have been earned.

5. Life Insurance. A statement from the carrier showing the policy's current cash value, or statement from the carrier or employer indicating the plan has no cash value.

Liabilities:

A statement of all liabilities including for each the name of the creditor, amount of the debt, purpose for which incurred, and the monthly payment, if any, being made on the debt.

Asset and Liability Summary:

An Asset and Liability Summary, showing the party's claimed value of assets and amount of liabilities, and the proposed allocation of assets and liabilities, on the form provided with these requirements.

Monthly Budget:

A monthly budget showing current gross monthly income from all sources, deductions from gross income, net monthly income, and expenses.

(b) Statement of Issues. The requesting party shall file a statement of issues indicating items which are in dispute and those which are not in dispute. With respect to any disputed items, the party shall set forth his or her position and, to the best of the requesting party's knowledge, the position of the opposing party. If child custody or placement is in dispute, the requesting party must have filed a Parenting Plan.

(c) Discovery. The requesting party must state in writing that the party has completed discovery which he or she intends to conduct (or that he or she has filed a motion to compel discovery of information which has not been timely furnished in response to a discovery request) and that he or she has complied with any discovery requests of the other party.

(2) No later than ten (10) days before the Pretrial Conference the opposing party shall provide the following:.

(a) Financial Disclosure Statement. The opposing party must file a Financial Disclosure Statement in the form described above. FAILURE TO FILE A FINANCIAL DISCLOSURE STATEMENT SHALL BE DEEMED TO BE AN AGREEMENT BY THE OPPOSING PARTY TO THE INFORMATION CONTAINED IN THE REQUESTING PARTY'S FINANCIAL DISCLOSURE STATEMENT.

(b) Statement of Issues. The opposing shall file a statement of issues indicating items which are in dispute and those which are not in dispute. With respect to any disputed items, the party shall set forth his or her position and, to the best of the requesting party's knowledge, the position of the requesting party. If child custody or placement is in dispute, the opposing party must file a Parenting Plan.

(c) Discovery. The opposing party must state in writing that the party has completed discovery which he or she intends to conduct (or that he or she has filed a motion to compel discovery of information which has not been timely furnished in response in response to a discovery request) and that he or she has complied with any discovery requests of the requesting party.

DIVORCE ASSET AND LIABILITY SUMMARY

ASSET	NET VALUE	HUSBAND	WIFE
1.
2.
3.
4.
etc.
ASSET SUBTOTALS:
CREDITOR	DEBT AMOUNT	HUSBAND	WIFE
1.
2.
3.
4.
etc.
LIABILITY SUBTOTALS:
NET MARITAL ESTATE:
EQUALIZATION PAYMENT, IF ANY:
NET TO EACH PARTY:

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7. JUVENILE COURT RULES

7.01 TERMINATION OF PARENTAL RIGHTS OF PARENTS SUBJECT TO PRIOR SUPPORT ORDER

(1) Whenever an action requiring the termination of parental rights of a party is commenced, the petition commencing the action shall be accompanied by an attachment which shall state whether or not there is an existing support order involving the parties. If a prior support order exists, the attachment shall indicate the jurisdiction in which the order was entered, the names of the parties as they appear on the support order, and the court case number assigned to the order.

(2) If a petition as described above is submitted to either the Register in Probate or Clerk of Juvenile Court for filing without the attachment required in (1), the petition shall be refused and shall be returned to the person who submitted it, along with a copy of this court rule.

(3) On receiving an order terminating the parental rights of a parent subject to a support order entered in a Manitowoc County action affecting the family, the Register in Probate or Clerk of the Juvenile Court shall give copies of the order, along with the information required in (1), to the Clerk of Circuit Court, and the Child Support Agency.

(4) On receipt of an order terminating the parental rights, the Clerk of Circuit Court shall consider the order to be one terminating the obligation for future support payments in the action affecting the family, effective the date of the termination order. No other court ordered obligations or existing arrearage for support will be affected by a termination order. Any party requesting relief from obligations other than future support must petition the court that entered the original obligation in the action affecting the family.

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