State Bar of Wisconsin

Marquette County
Circuit Court Rules
(Sixth Judicial District)

Effective Date: November 1, 1995

• I. General
• III. Family Court
• IV. Pleas and Sentencings
• V. Guidelines
• VI. Fax Filing November 1997
• VII. Small Claims Rules September 2001

I. GENERAL

A. Trial and Pre-trial Scheduling
1. Civil non-forfeiture cases will not automatically be set for pretrial The same may be set upon request or in a scheduling order.

2. Forfeiture cases will be set for pre-trials by telephone or office conference with the prosecuting attorney.

3. Criminal case pre-trials and forfeiture actions prosecuted by the district attorney will be scheduled directly with the district attorney's office on the date of the initial appearance or arraignment as appropriate.

4. Criminal and forfeiture trials will be set by the Court at the initial appearance or arraignment as appropriate.

5. On forfeiture matters, failure of a defendant to appear at any scheduled hearing or pretrial shall result in a default judgment.

B. Continuances
1. ALL requests for adjournment of any matter scheduled before the Court, shall be made directly to the Court.

2. All requests for adjournments of matters other than initial appearances on criminal and forfeiture cases shall be in writing, and filed with the Court at least 10 days before the scheduled time, and may be granted only for good cause shown.

3. Stipulated requests for continuance will not necessarily be granted. All continuances shall be at the discretion of the Judge and for good cause shown.

C. Contested Civil Cases
1. In the absence of any request by counsel, all contested civil matters will be set for a scheduling conference within 90 days of filing.

a. Telephone appearance by counsel shall be generally permitted at scheduling conferences.

b. Counsel shall provide issue memorandums for scheduling conferences, originals to be filed with the Court, and copies for opposing counsel.

c. Counsel shall, at the conference, be prepared to set trial dates and deadlines for discovery trial motions, and shall be able to define length and type of trial.

D. Summary Judgment
1. Subject to scheduling orders otherwise, any motion for summary judgment shall be filed with the Clerk of Circuit Court, together with any brief or other supporting documents. The respondent shall have 30 days from the filing of the movant's brief within which to file a response.

A decision shall be based on the record as timely filed. Briefs filed in an untimely manner my be disregarded by the Court.

2. If oral argument is indicated, the same will be scheduled by the Court.

E. Default Judgments
1. Except as to mortgage and/or land contract foreclosures, no notice is required prior to entry of default judgment where service was served on the defendant.

2. Except as to mortgage and/or land contract foreclosures, default judgments may be obtained by motion and affidavit mailed to the Clerk of Circuit Court, with no personal appearance required.

3. All mortgage and/or land contract foreclosure default hearings shall have mail or personal notice to the defendant at defendant's last known address, and plaintiff's appearance, with testimony, shall be required, unless judgment is stipulated by all parties.

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III. FAMILY COURT

A. Divorce
1. Divorce matters, where child support is indicated, shall be set for a temporary hearing before the Family Court Commissioner.

2. Where appropriate, the Family Court Commissioner shall have a wage assignment signed at the temporary hearing, and file it with the Clerk of Circuit Court within five days of the temporary hearing. Any deviation from the statutory guidelines should be supported in writing. The temporary order shall also include an order for medical coverage of the minor children, or, state why it is not provided for.

3. Counsel responsible for preparing the temporary order shall have this order filed with the Clerk of Circuit Court within 15 days of the temporary hearing.

4. In cases involving custody placement issues the Court will, upon request or on its own motion, first enter an order requiring a deposit for referral to mediation, except where the Court determines indigence. Mediation is preferred to contests in all such matters, and the Court will earnestly enforce the spirit of the law requiring mediation.

5. The director of mediation and court counseling services shall, when appropriate, be responsible for custody study referral, while the Court will appoint guardian ad litems, again requiring deposits where appropriate. No such appointment will be made on the request of a party until mediation has been attempted in good faith by that party.

6. Counsel responsible for filing Findings of Fact, Conclusions of Law and Judgment, shall have these papers filed with the Clerk of Circuit Court in 30 days following the final hearing. If this is not done, the Clerk will set an Order to Show Cause with no further notice. (767.37(1) Wis. Stats.) Failure of client to pay attorney for legal services rendered is not a proper basis for failure to prepare Findings of Fact, Conclusions of Law, and Judgment.

7. Modifications and Post-Judgment matters will require fees as set forth in 814.61(7) Wis. Stats.

8. Personal service is required in all Order to Show Cause matters in Family Court.

FCC Approval: In addition to the other approvals required by Wis. Stat. §767.251(3), an original and two copies of the Findings of Fact, Conclusions of Law and Judgment of Divorce shall be filed with the Marquette County Family Court Commissioner's Office, and be approved and signed by the Family Court Commissioner, before they are submitted to the Court for approval and filing.

B. Paternity
1. Procedures for paternity adjudications may be initiated by the Marquette County Child Support Agency, and prosecuted by the Marquette County Corporation Counsel.

2. The custody/placement issues shall be handled as in divorce matters.

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IV. PLEAS AND SENTENCINGS

A. Where rights will be waived and pleas entered, defendant's shall prepare and file at the plea hearing, a plea questionnaire.

B. A post-judgment conviction questionnaire shall be prepared and filed with the Clerk of Circuit Court immediately following the sentencing.

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V. GUIDELINES

A. Guidelines, while not mandatory, are designed as an aid to the judiciary and bar, for a more expediant justice and prudent use of available court time. Marquette County Circuit Court will abide by the guidelines unless good cause is shown for not doing so.

1. 18 months - Personal Injury/Property Damage

2. 12 months - Contract/Money Judgment Contested Divorce/Paternity

3. 6 months - Felonies Uncontested Divorce/Paternity

4. 4 months - Traffic, Conservation, Forfeitures

5. 3 months - Misdemeanors

B. The Court will set matters for status/scheduling conferences if it appears guidelines will not be met.

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VI. FAX FILING

Effective November 1, 1997, since neither the Marquette County Clerk of Court nor the Judges Chambers has a facsimile machine which meets the requirements of Supreme Court Rules 72.01:

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SMALL CLAIMS RULES

Effective November 1, 1995, and until further order of the Court, the following rules shall govern small claims proceedings in Marquette County, Wisconsin.

Pleadings
All pleadings shall be in writing unless upon the personal appearance of the defendant at the joinder of issue, the judge 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(l), Wis. Stats.

Service of Summons
Service of summons may be made by personal or substituted service as provided in 80l.ll, 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 8l4.62(4) Wis. Stats. is left with the Clerk of Court. Section 799.12(2) & (3) Wis. Stats.

Service by mail to obtain a personal judgment shall be limited to Marquette County. Section 799.12(3) Wis. Stats.

Service of summons in the following matters shall be by personal or substituted service as provided in Section 80l.ll Wis. Stats.:

l. Eviction actions under Section 799 Wis. Stats.

2. Contempt proceedings under Section 799.26 Wis. Stats.

Filing Required Before Service
Service of a summons and complaint before filing and authentication thereof is not authorized. Section 799.12(7) Wis. Stats.

Personal Appearance
Plaintiff or plaintiff's Attorney must appear on the return date. Any defendant may join issue without appearing on the return date by answering a complaint in writing by mail or by delivery to the plaintiff or plaintiff's attorney and Clerk of Court. If such answer is received and filed with the Clerk of Court no less than two hours prior to the return date and time. Section 799.22(4) Wis. Stats. If the defendant has filed a written answer, the plaintiff will not need to appear.

Any summons or notice under Section 799.05(6) or (7) Wis. Stats., Or Section 799.12(6)(c) Wis. Stats., Or, Section 799.16(4) Wis. 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.

Contested Cases
Trial will be conducted informally, with testimony, under oath, and The Court will accept as evidence, reasonably reliable hearsay and unauthenticated documents. A copy of this Order shall be mailed to each member of the Marquette County Bar Association. Copies shall be made available to litigants and their attorneys.

Instructions for Filing Small Claims
1. Small Claims Court are held on alternate Tuesdays at 10:30 A.M., unless the courthouse is closed or the judge is on vacation. Please call 608-297-3005 for a date.

2. All forms must be properly signed and notarized, and filled out completely, or it will be necessary to return them.

3. A bill or document substantiating the claim must accompany all small claims cases, and there must be sufficient copies of this documentation to attach to the original as well as all copies being served on defendants.

4. If you wish to have an authenticated copy returned to you, please enclose a self-addressed stamped envelope.

5. FEES - Basic filing fee for Small Claims is $85.00. The cost of mail service is $2.00 per defendant. The cost of Certified Mail is $6.00 per defendant. Mail service is only available for defendants residing in Marquette County. Defendants who do not reside within Marquette County and all Eviction matters require Sheriff's service.

Sheriff's service in Marquette County is $12.00 plus round trip mileage at the established County rate. The plaintiff will have to make arrangements for Sheriff's service, whether it is in Marquette County or another county.

6. The maximum limit for Small Claims is $5,000.

7. GARNISHMENTS - Basic filing fee for Garnishment actions of $5000.00 or less is $83.00. Basic filing fee for Garnishment actions over $5000.00 is $201.00. There is an additional fee of $15.00 for the garnishee defendant in earnings garnishments, which are for 13 weeks.

8. Forms for all small claims and garnishment actions are available from Clerk of Circuit Court, P. O. Box 187, Montello, WI 53949.

Wisconsin Circuit Court Rules