
A. FILING PAPERS
All documents submitted for filing should be hole-punched at the head of the document with a standard two-hole punch. The holes should be 2-3/4” center to center and have a diameter of no less than 1/4”. An action is commenced upon the filing of the Summons and Complaint with the Clerk of Courts office, and payment of the statutory filing fee. The clerk assigns a case number and a random assignment to a specific Branch is made. Copies are authenticated for service.
All documents pertaining to a specific case shall be filed with the Clerk of Courts office directly and not with the judge who has been assigned the case. Judges and clerks will not accept documents for filing unless presented during the course of a hearing related thereto. The case number shall be on all documents filed with the Clerk of Court after the Summons and Complaint.
B. SERVICE ON OPPOSING COUNSEL
Unless the Court shall otherwise direct, before submitting to the Court any proposed order, findings, conclusions of law, or judgment, a copy shall be submitted to opposing counsel. A place for notation of the approval of opposing counsel as to form may be provided at the foot thereof. Alternatively, counsel may mail a copy of the proposed form to opposing counsel with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the Court, approval is presumed and the Court may execute the original after the five days.
C. SCHEDULING CONFERENCES & PHONE SCHEDULING CONFERENCES
D. PRETRIAL/SCHEDULING CONFERENCE
E. JURY TENDER
Pursuant to §805.01(2) and 814.61(4), jury demand must be made prior to or at the scheduling conference or at such time as ordered by the Court. Failure to pay the fee at the time ordered by the Court shall constitute a waiver of jury trial unless excused by the Judge. No demand for a jury trial may be withdrawn after the payment of the jury fee without the written consent of all other parties to the action. Unless authorized by the Court, no jury fee may be split between the parties and duplicate tenders for juries will not be returned to any party.
A. SCHEDULING
Each judge has certain specific dates and times when motions are calendared to be heard. Motions should be scheduled consistent with any scheduling order. All motions are to be scheduled through the Judicial Assistant for the specific branch in question after informing the Judicial Assistant of the case number, the nature of the motion, and the estimated amount of time for argument on the motion. Due to potential time constraints, motions may not be scheduled on a date previously provided by the Judicial Assistant for a motion in the same case without prior approval of the judge. If the parties agree that a motion may be decided on briefs only, without oral argument, the Judicial Assistant should be advised and a request made for a briefing schedule. The judge will then set the briefing schedule.
B. BRIEFS
The Court should receive briefs in support of motions at least 20 days prior to argument although each Court may establish a briefing schedule in individual cases upon its own motion or upon request. Briefs shall contain a short, concise statement of the party's arguments in support of its position, together with the citations of the authorities upon which it relies.
If no briefing schedule has been set, the opposing party shall, within ten days after the filing of the supporting brief, file a response brief in opposition containing a short, concise statement of the position upon which it relies together with citation of authorities. The moving party shall have five days thereafter for filing its reply. No brief beyond the reply shall be filed except upon leave granted. The Court may, by order, excuse the filing of supporting, response and reply briefs, and may shorten or extend the time fixed by this rule for the filing of briefs. Each party shall serve a copy of their brief upon opposing party and file proof of such service at the time of filing its brief.
Failure to file any of the briefs provided for by this rule shall not be deemed to be a waiver of the motion or matter on the part of the supporting party or a withdrawal of the opposition by the opposing party, but the Court may upon its own motion or on the motion of a party, take such action, including a striking of the motion, or a granting of the motion without further briefs or hearing, or the entry of an order to file supporting or opposing briefs, as it may in its discretion determine.
C. SUMMARY JUDGMENT
D. DEFAULT JUDGMENT
E. MINOR SETTLEMENTS (Sec. 807.10, Wis. Stats)
A. APPEARANCES BY ATTORNEYS & CLIENTS REQUIRED
Unless excused by the Court, attorneys for all parties shall appear:
B. APPEARANCES NOT REQUIRED
A. SETTLEMENT
In Washington County, a jury panel is called specifically for the case scheduled for trial. The court may impose costs if a case is settled within two business days of the trial date (§814.51).
B. VOIR DIRE
As part of its voir dire, the Court will inform the jury panel as to the cause, parties, and counsel and the nature of the action, so that they may be sufficiently informed to answer questions touching upon their qualifications to act as jurors. The court shall next ask questions pertaining to the qualifications of the jurors; the parties or their counsel shall then continue such voir dire examination. Attorneys will not be allowed to ask about information on the voir dire examination that was available on the jurors' questionnaires. Individual voir dire of jurors will not be permitted. Questionnaires are available from the jury clerk approximately two weeks before trial.
C. INSTRUCTIONS
Proposed instructions are to be submitted to the Court at the Pretrial/Scheduling Conference. After the trial has commenced, requests for instructions shall be submitted in writing to the Court before opening arguments to the jury begin, unless the trial judge otherwise permits. Any special instruction shall be on a separate page, with a duplicate copy thereof, and each shall have noted thereon the citation of authorities relied upon to sustain such instruction. When a standard instruction is requested from Wisconsin Civil Instructions, it may be requested by number only, except if there is any change of the language thereof. Any requested modifications shall be submitted in writing.
D. TRIAL BRIEFS
E. OPENING STATEMENT AND CLOSING ARGUMENTS
Within reasonable discretion, taking into consideration the nature of the case and the evidence produced at the trial, the Court may limit the length of opening statements and closing arguments of counsel. Counsel shall be advised of such limitation prior to the commencement of opening statements or closing arguments.
F. DUTY OF ATTORNEYS WITH RESPECT TO OMISSIONS OR ERRORS IN INSTRUCTIONS
Immediately after the jury retires, counsel shall bring to the Court's attention obvious omissions or inadvertent errors contained in the instructions, so that the Court may make appropriate and timely correction.
G. APPEARANCE OF ATTORNEYS DURING JURY DELIBERATIONS AND AT TIME JURY RETURNS VERDICT
After the jury has retired to deliberate, if any attorney or party is not in the courthouse, they shall have been deemed to waive any appearance. Unless otherwise directed by the Court, counsel shall furnish the clerk with a phone number at which they can be reached should a question arise or the verdict is reached, but the Court will not be obligated to wait for the attorney before taking appropriate action if counsel is not present or cannot be contacted immediately.
H. CONTINUANCES - ADJOURNMENTS
An attorney who has a conflict with a motion date scheduled by another party’s attorney must contact the attorney who initially scheduled the motion before requesting any adjournment from the Court. The attorney who scheduled the motion may then contact the clerk's office to set up a new motion date. No adjournment will be granted without consent of the other party on motion.
I. TAXATION OF COSTS
Procedures for taxation of costs will follow Sec. 814.10, Wis. Stats. The clerk will tax costs and insert in the judgment and in the judgment and lien docket, if the judgment shall have been entered, on the application of the prevailing party, upon 3 days' notice to the other party(ies).
Objections to the bill of costs must be in writing and filed with the Clerk of Courts office prior to taxation. The clerk may adjourn the taxation, upon cause shown, to a reasonable time to enable either party to produce proof. The court on motion may review the action within 10 days after taxation.
A. NECESSARY DOCUMENTS
Any person seeking to satisfy a judgment which was the subject of a debt discharged in a bankruptcy action, or any person having an interest in real property to which such judgment attaches, may make an application to the Clerk of Courts by filing the following documents:
B. SATISFACTION
Upon receipt of the documents required, and the statutory fee of $5.00 for each judgment to be satisfied, the clerk shall submit the proposed Order to the Court for signature after which the clerk shall satisfy each judgment described in the Application.
All documents submitted for filing should be hole-punched at the head of the document with a standard two-hole punch. The holes shall be 2-3/4” center to center and have a diameter of no less than 1/4". An action is commenced upon the filing of the Summons and Petition or Joint Petition, and any Confidential Petition Addendum with the Clerk of Courts office, and payment of the statutory filing fee. The clerk assigns a case number and a random assignment to a specific Branch is made. Copies are authenticated for service.
All documents and correspondence pertaining to a specific case shall be filed with the Clerk of Courts office directly and not with the judge who has been assigned the case nor with the Family Court Commissioner (FCC). Judges, the FCC and their clerks will not accept documents for filing unless presented during the course of a hearing related thereto.
The case number shall be on all documents filed with the Clerk of Court after the Summons and Petition and any Confidential Petition Addendum. Filing pleadings with the Clerk of Courts shall be deemed as service on the FCC. A blank financial statement must be attached to the initial pleadings to be served on the opposing party.
Unless the Court shall otherwise direct, before submitting to the Court any proposed order, findings, conclusions of law, or judgment, a copy shall be submitted to opposing counsel or the opposing party if unrepresented. A place for notation of the approval of opposing counsel or the opposing party as to form may be provided at the foot thereof. Alternatively, counsel may mail a copy of the proposed form to opposing counsel or the opposing party with the condition that if no objection is brought to the attention of the court within five days from the date of receipt by the court, approval is presumed and the original may be executed by the court after the five days. For cause shown, the Court may extend the time for objection.
At the time of the filing of the Summons and Petition, or at a reasonable time prior thereto, or any time thereafter, either party may schedule a Temporary Hearing. All Temporary Hearings shall be heard by the FCC and scheduled through the Family Court Division of the Clerk of Courts office. Temporary Hearings are not held on the record unless one of the parties arranges for and pays for the attendance of a registered court reporter. All parties appearing at a Temporary Hearing shall complete a Financial Disclosure Statement on a form acceptable to the FCC and bring the original and three copies to the Temporary Hearing. The original Financial Disclosure Statement will be filed in the court file. A single Temporary Order worksheet must be completed by or on behalf of all of the parties prior to the hearing, shall contain current information regarding all parties, and shall set forth all temporary stipulations.
1. NOTICE
a. If all parties are represented by attorneys, three months from the date of filing has elapsed, and issue has been joined:
i. The clerk shall set the matter for a telephone scheduling conference on a date approximately 120 days after service of the petition or the date of filing if the parties are joint petitioners.
ii. Notice shall be sent to the attorneys/parties in advance of the date and time and each attorney/party shall be sent a copy of the “Family Scheduling Conference Order,” local form FA-2027 and a “Family Scheduling Conference Data Sheet,” local form FA-2002.
iii. Each party shall complete the “Family Scheduling Conference Data Sheet” and return it to the Court one week in advance of the scheduling conference.
b. If either party is unrepresented, unrepresented parties and opposing counsel shall be required to appear at the courthouse, in the room specified in the order, to hold the scheduling conference.
2. PROCEDURE FOR CONFERENCE
a. All telephone scheduling conferences shall be initiated by petitioner’s attorney who shall place the call to the judge’s clerk after opposing counsel is on the line, and the call will then be transferred to the judge.
b. The judge may complete a family scheduling order and the clerk will mail a copy to all attorneys and unrepresented parties.. The order may establish:
i. dates for completion of discovery, naming experts, filing of reports, motions, and petitioning for mediation or for a Guardian ad Litem (G.A.L.) and Human Services Department (HSD) involvement.
ii. date of a pretrial/scheduling conference.
iii. a requirement for alternative dispute resolution.
c. The court may continue the scheduling conference to a future date in the interest of case management.
d. The order is final unless objected to within 10 days of mailing.
1. Parties and counsel are required to be present in person for any Pretrial/Scheduling Conference on the date as set in the Family Scheduling Order, or other notice, unless otherwise ordered by the court.
2. Upon completion of the Pretrial/Scheduling Conference, the judge may complete a Family Pretrial/Scheduling Order, local form FA-2029, and the clerk will mail a copy to all parties. The order may establish:
a. the trial date and length;
b. dates for filing of trial briefs;
c. Mac Davis’ calculation due dates
d. the date of any final pretrial;
e. any stipulations or other issues.
3. The order is final unless objected to within 10 days of mailing.
4. Parenting Plans, in those cases where required, shall be filed prior to the Pretrial/Scheduling Conference, 60 days after the Mediation Response to Court, if filed, unless otherwise ordered.
The assigned judge hears certain matters while the FCC hears others. Each judge has certain specific dates and times when motions are calendared to be heard. All motions are to be scheduled through the Judicial Assistant for the specific branch in question after informing the Judicial Assistant of the case number, the nature of the motion, and the estimated amount of time for argument on the motion. Due to potential time constraints, motions may not be scheduled on a date previously provided by the Judicial Assistant for a motion in the same case without prior approval of the judge.\
Matters heard by the FCC are scheduled by contacting the Family Court Assistant. The same information required in scheduling a motion before a judge will be required in scheduling a motion before the FCC, and the same rules apply. After consultation with the assigned Judge or the FCC, the Clerk of Courts may determine whether a matter is properly before the judge or FCC regardless of how it may be denominated or titled.
The following matters will be heard by the Judge assigned to the case:
The following matters will be heard by the FCC:
A request for a de novo hearing of a FCC decision shall be made within 15 calendar days from the date the decision was rendered. Evidence at a de novo hearing shall be limited to that existing at the time of the FCC hearing. If a transcript of the FCC hearing exists, the parties may stipulate to a review of the transcript by the Circuit Court, but only with permission of the Court. Any order based on the decision of the FCC must be on file prior to the de novo hearing.
Briefs in support of motions should be received by the Court at least 20 days prior to argument. Each Court may establish a briefing schedule in individual cases upon request.
Briefs shall contain a short, concise statement of the party’s argument in support of its position, together with the citations of the authorities upon which it relies. The adversary party shall, within ten days after filing the supporting brief, file an answering brief containing a short, concise statement of the position upon which it relies together with citation of the authorities. The opposite party shall have five days thereafter for filing their reply No brief beyond the reply shall be filed except upon leave granted. The Court may, by order, excuse the filing of supporting, answering and reply briefs, and may shorten or extend the time fixed by this rule for the filing of briefs. Each party shall serve a copy of his brief upon his adversary party and file proof of such service at the time of filing its brief.
Failure to file any of the briefs provided for by this rule shall not be deemed to be a waiver of the motion or matter on the part of the supporting party or a withdrawal of the opposition by the opposing party, but the Court may upon its own motion or on the motion of a party, take such action, including a striking of the motion or a granting of the motion without further briefs or hearing, or the entry of a rule to file supporting or opposing briefs, as it may in its discretion determine.
Unless excused by the Court, all parties and their attorney’s shall appear:
An attorney who has a conflict with a motion date scheduled by another party must contact the attorney who initially scheduled the motion before requesting any adjournment from the Court. The attorney who scheduled the motion may then contact the Clerk’s office to set up a different motion date. No adjournments will be granted without consent of the moving party or on motion.
Any request for the waiver of fees or deposits on the basis of indigency must be made on approved forms and accompanied by any required financial information.
Guardians ad litem (GAL) shall serve until entry of the Court’s final order as provided in Sec. 767.407(5), Wis. Stats, which final order shall include the entry of Judgment in a divorce action, unless an order discharging the GAL is entered earlier or the GAL is ordered by the Court to serve beyond the entry of the final order in the action.
The Circuit Court Judges of Washington County are committed to avoiding the need to transfer criminal defendants and respondents in Chapters 48, 51, 55, 938 and 980 cases to Washington County for non-critical court appearances and appearances at critical stages of the proceeding where a defendant or respondent wishes not to attend. Any attorney appearing in such a case in Washington County shall be required to notify the judicial assistant (JA) for the branch in which a case is pending of the attorney’s belief that a hearing in which a defendant or respondent might otherwise be produced will involve other than a critical stage of the proceedings or a critical stage of the proceedings where the defendant or respondent wishes not to attend. Critical stages of the proceedings include evidentiary hearings, trials or fact-finding hearings, plea hearings at which a plea of guilty or no contest, or an admission, will be offered, and sentencing or dispositional hearings. Attorneys shall advise the JA of the appropriate branch of the possibility of a video conference appearance by a defendant or respondent as soon as practicable.
Effective March 1, 2009.