Shawano County
Circuit Court Rules
(Ninth Judicial District)
- Rule 1: Small Claims Matters December 1995
- Rule 2: Pro Se Divorce Packet Fee January 1996
- Rule 3: Satisfaction of Judgment Form January 1996
- Rule 4: Crime Prevention Fund Contribution April 1996
- Rule 5: FACES/Crime Prevention Fee April 1996
- Rule 6: Relating to Family Court Proceedings and Orders March 2001
- Rule 7: Filing Medical History Questionnaire in Divorce Actions March 1997
- Rule 8: Appearance for Traffic/Forfeiture Trials September 2000
- Rule 9: Filing of Facsimile Transmission July 2001
- Rule 10 February 2001
- Rule 11: Medical and Genetic Biological Information November 2002
- Rule 12: Appearance Requirements March 2003
- Rule 13: Posting of appearance bonds October 2004
- Rule 14 April 2005
- Rule 15 April 2005
- Rule 16 February 2007
Rule 1: Small Claims Matters
Service in Small Claims Actions; Policy:
Whenever attempted service by mail is returned by the U.S. Postal Service, whether or not service has been accomplished shall be determined as follows:
(1) "Refused"; Shall constitute a presumption of service upon the defendant since it indicates that he/she was presented with the envelope but refused to accept it under circumstances indicating that he/she had reason to know that it involved legal proceedings against him.
(2) "Unclaimed"; shall not constitute service since there is no presumption that the defendant has reason to know that legal proceedings involving him/her have been commenced. In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service or service by publication within 30 days of the date of the notice or have the action dismissed for failure of service.
Dated this 17th day of December 1995.
Rule 2: Pro Se Divorce Packet Fee
Fee Amount: $10.00
Case Types: Family 40101
Purpose: To ensure that all appropriate documents have been completed, prior to judgment
Paid to: Clerk of Court - 100% county fee
Approved: January 10, 1996
Rule 3: Satisfaction of Judgment Form
Fee Amount: $1.00
Case Types: Civil, Small Claims or Family
Purpose: Convenience of parties requesting to satisfy a judgment. No legal forms company located in immediate area.
Paid to: Clerk of Court - 100% county fee
Approved: January 10, 1996
Rule 4: Crime Prevention Fund Contribution
Fee Amount: $10.00
Case Types: Criminal Felony or Misdemeanor
Purpose: To assist local law enforcement in programs and public awareness. Ex. DARE Program.
Paid to: Clerk of Court - 100% county fee
Approved: April 18, 1996
Rule 5: FACES/Crime Prevention Fee
Fee Amount: $20.00
Case Types: Criminal - Domestic Abuse Related
Purpose: Fund promotion and education for victims and perpetrators of domestic violence.
Paid to: Clerk of Court - 100% county fee
Approved: April 18, 1996
Rule 6: Relating to Family Court Proceedings and Orders
Because of the implementation of the KIDS System for the collection and, distribution of funds as it relates to family matters, the limitations it presents, and to insure the consistent handling of court papers in family matters the following policies have been established:
1. KIDS will only allow for the following types of orders:
a) child support/family support
b) maintenance/alimony orders
c) health insurance orders, if a dollar amount is ordered on a monthly basis
d) property division, only if it is a lump sum
e) check with Child Support Agency if there are questions about the possibility of other obligations.
2. All orders must be expressed as monthly even if payments are received by the WI Support Collections Trust Fund (WI SCTF) from the employer or individual on a weekly, bi-weekly or semi-monthly basis.
3. All orders should be in even dollars, no cents.
4. All orders must have an effective date.
5. If you are ordering two different rates, such as when an individual is unemployed during specific times, you must state the specific time frames. Example: November through March $125.00 per month and April through October $300.00 per month, do not state as when unemployed $125.00 per month and when employed $300.00 per month.
6. Pursuant to the federal guidelines and in anticipation of changes to the Wis. Stat., percentage orders will no longer be ordered in IV-D cases.
A. In the case of previous percentage expressed orders, the responsibility of verifying any overpayment or arrearages will be the responsibility of the parties. Neither the Clerk of Court office nor the Child Support Agency will be involved in determining or collecting arrearages on percentage expressed order. At the point a "social services agency" becomes involved in the case or an application for assistance is filed with the Child Support Agency, the Child Support Agency would then re-evaluate the support obligation and set a straight monthly dollar amount to satisfy its monitoring needs from that point on.
B. The WI SCTF will receive and disburse any sums forwarded by the individual or employer on percentage orders; but, the parties to the action will remain wholly responsible for exchanging tax information annually for determining the status of payments and collection of arrears, if any exist, and must so state that requirement in any judgments or orders.
7. The KIDS system assesses interest on child support arrearages that are over 60 days past due at a rate of 1.0% per month (12% per annum).
8. Pursuant to Section 767.303 of the Wisconsin Statutes, effective November 1, 1996; any arrearages which accumulate beyond a 90 day time period could trigger a suspension of the payor's operating privileges upon petition, until the arrearages are paid in full, or up to a 2 year period. (See Statute for full details).
9. The KIDS computer needs specific criteria to set up a case within its system, and will not allow receipting or disbursing of any money until such data is complete. The "Family Information" sheet (copy attached) is to be completed in full, and submitted at the time of the filing of a new action, if said information is not already contained in the "petition".
10. The Child Support Agency has the responsibility to enter new/modified court orders Involving child support Into the KIDS system. Attorneys and pro se parties are required to provide a copy of the signed/filed court order to that Agency so it can be entered into the system.
A. Once the order has been provided to the Child Support Agency, pursuant to Wis. Stat. 767.265(2r) they will provide notice of the withholding assignment (see Statute for full details).
B. Neither the Clerk of Court office nor the Child Support Agency will be responsible for enforcing or determine arrears for any orders where payments were ordered by the court to be made directly between the parties and not by wage assignment. This also applies if the parties elect to bypass the KIDS system and make direct payments on their own.
11. If the "Findings of Fact, Conclusions of Law and Judgment" are not completed or ready for the Court's signature on the date of the final hearing, the "Interim Disbursement Order" must be completed by the parties, their attorneys or the Agency bringing the action as soon as possible. The sooner a copy of the order is provided to the Child Support Agency, the sooner it will be entered into the KIDS system and a Notice for Income Withholding (if needed) mailed to the payor's employer. This also applies for any motions for an order to modify a previous judgment/order.
12. Attorneys and Pro Se parties must provide copies of all new pleadings as well as Findings of Fact, Conclusions of Law and Judgments in divorce actions with children (or order for maintenance), to the Shawano County Child Support Agency. A copy of all new divorce filings (with or without children) and a copy of the Judgment of Divorce must also be provided to the Family Court Commissioner.
13. Judgments in divorce actions with children must be approved by the Child Support Agency prior to signature of the Court. If the Child Support Agency was not given proper notice (at least 24 hours) of any hearings that specifically relate to child support issues and they disagree with the order as set forth in the judgment, they would have the right to request the Court to set aside those issues in the judgment as it may relate to their Agency.
Approved this 1st day of March, 2001.
Rule 7: Filing Medical History Questionnaire in Divorce Actions
Whereas, section 767.24 (7m) and 767.51 (3r) requires a non-custodial parent or both parents in a joint custody situation to complete a medical history questionnaire for confidential retention by the Court in case of future medical needs concerning the children:
It is hereby ordered that the non-custodial parent or both parents in a joint custody situation must complete and file a Family History Questionnaire on a form approved by the Clerk of Court's office by the time of the final hearing or the Court will not hold the final hearing.
Dated this 10th day of March, 1997
Rule 8: Appearance for Traffic/Forfeiture Trial
The Court requires, that in all traffic/forfeiture matters, the defendant must be present in person on the date of trial.
Failure of the defendant's personal appearance will result in a default judgment being rendered, even if represented by counsel.
Dated this 13th day of September 2000
Rule 9: Filing of Facsimile Transmission
Effective July 1, 2001, parties are permitted to file papers for the Shawano Court Circuit Court with the Shawano County Clerk of Court by facsimile transmission. The transmission must be plain-paper facsimile in the clerk of court's office [FAX no. (715) 526-4915)].
The procedures shall be consistent with the Supreme Court's Amendment of the Rules of Civil Procedure: Wis. Stats. §801.16(2) reported in Volume 241 Wisconsin 2d.
Effective July 1, 2001
Rule 10:
It shall not be necessary for agents of the Division of Community Corrections who prepare pre-sentence reports to attend sentencing hearings unless they are subpoenaed by the parties or the Court requests their appearance.
Filed February 2, 2001
Rule 11: Medical and Genetic Biological Information
It is the decision of the Circuit Court of Menominee and Shawano Counties, Branches 1 and 2, that the petitioning agency or attorney file with the Court medical and genetic data as required per Section 48.425 of the Wisconsin Statutes.
In the alternative, counsel will have to explain in writing why such data is unobtainable.
No final disposition will be made until this information is in the file.
Filed November 1, 2002
Rule 12: Appearance Requirements
In all traffic and criminal cases, defendants and their attorneys shall attend all pretrials and trials in person unless excused by the Court.
Filed March 11, 2003
Rule 13: Posting of appearance bonds
Effective immediately, no personal checks will be accepted for the purpose of posting bail bonds.
Cash, money orders, certified checks or credit cards – (through GPS, Inc) will be the only accepted method of payment by either the Shawano County Sheriff’s Dept or Clerk of Court’s office.
DATED THIS 7 DAY OF OCTOBER 2004.
Rule 14:
Effective date: Immediately upon approval by Chief Judge 9th Judicial District
In order to expedite transfers of Huber inmates to other jurisdictions, the court will allow the Huber/Work Release Center to modify any jail report date of a defendant, from the original Judgment of Conviction, without first contacting the sentencing judge for approval, or requiring an amended Judgment of Conviction be prepared. The only exception is that said report date cannot exceed 60 days from the date of sentencing.
The Huber/Work Release Center will also notify the Clerk of Court office via e-mail or fax of any modifications to the original Judgment of Conviction. In all other respects their present practices will continue pursuant to Section 356.85 Wisconsin Statutes.
Dated this 5th day of April 2005
Rule 15:
Effective Date: Immediately upon approval by Chief Judge 9th Judicial District
In order to insure consistent procedures are followed, and that defendants are not making unnecessary appearances to court because criminal complaints are not filed in a timely manner, the following procedures are to be initiated:
The court is requiring that all original citations written for the circuit court must be filed with the Clerk of Court by the issuing agency within the required 72 hour time frame.
Initial appearance dates noted on all citations should not be less than 4 weeks out from the date of issuance for routine traffic matters. In the case of OWI citations, the initial appearance date should not be less than 6 weeks, or more than 8 weeks from the date of issuance. The longer period of time on the OWI cases is to enable processing of the blood test results.
If paperwork is needed for the District Attorney's office to process criminal charges based on the original citation filed with the Clerk of Court, it is the issuing agency's responsibility to supply a "copy" of the citation with any supporting documentation to the D.A. as soon as possible, but in no case later than 3 weeks prior to the return date.
If a defendant appears in court with no citation and/or criminal complaint being on file, the case will not be adjourned. It will be dismissed without prejudice.
Dated this 5th day of April 2005
Rule 16:
Effective Date: Immediately upon approval by acting Chief Judge for Ninth Judicial District.
Each party filing an annulment, legal separation from spouse or divorce action will provide a copy of the petition, Order to Show Cause and Affidavit to the Family Court Commissioner, within one week of filing the action.
A copy of any post-judgment motion or order to show cause that is intended for review or activity by the Family Court Commissioner must also be provided to within one week.
Any pleading which requires mediation between parents concerning time spent with their children must be provided within one week of filing to the Family Court Commissioner.
Date this 9th day of February, 2007, at Shawano, Wisconsin.
Legal research
- Fastcase
- Site Search
- WI Case Law
- Wisconsin Lawyer search
- Wisconsin links
- Federal links
- Other state links
