State Bar of Wisconsin

Waushara County
Circuit Court Rules
(Sixth Judicial District)

• Small Claims Rules
• Facsimile Transmission of Documents to the Court

Small Claims Rules

I. These rules are made pursuant to Section 799.22(4) Wis. Stats.

II. Effective Date.

Effective June 15, 1993 and until further order of the Court, the following rules shall govern small claims proceedings in Waushara County, Wisconsin.

(a) Pleadings.

All pleadings shall be in writing with complete itemizations and/or invoices or billings regarding the claim. If the defendant or the defendant's attorney appears in person on the return date the court will permit an oral denial of the complaint. Such oral denial shall be followed by a written answer setting forth the basis for the denial within a time set by the court. No oral counterclaims, affirmative defenses or motions will be permitted. Answers by telephone will not be permitted.

(b) Service of Summons.

Service of summons may be made by personal or substituted service as provided in 801.11, Wis. Stats. 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. Any summons for actions other than eviction or contempt proceedings 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.

Service of a summons in the following matters shall be by personal or substituted service as provided in Section 801.1 l, Stats.,

1. Eviction actions under Section 799.40 Stats.
2. Contempt proceedings under Sec. 799.26, Stats.

In eviction actions and contempt proceedings, parties and their attorneys, if any, must appear in person and be prepared to proceed with trial of the matter on the return date and time.

(c) Filing Required Before Service.

Service of a summons and complaint before filing and authentication thereof is not authorized.

(d) Personal Appearance.

Except for eviction actions or contempt proceedings, plaintiff or plaintiff's attorney need not be present on the return date. Any Defendant may answer without appearing on the return date by filing an answer in writing by mail or by delivery to the Clerk of Court. Such answer must be received and filed with the Clerk of Court no less than two (2) hours prior to the return date and time.

III. Contested cases will be set for a pre-trial conference and/or trial at the convenience of the court. The court may require pre-trial statements, identification of witnesses, and submission of exhibits as may aid in the disposition of the matter.

IV. Default judgment will be granted if a defendant does not appear or file a written answer and the complaint contains adequate documentation for the relief sought. Otherwise, the default will be noted but judgment deferred until the factual basis for the judgment is supplied. Judgments on claims subject to the Wisconsin Consumer Act require complaints which comply with the requirements of 425.109(1)(d) and Household Finance v. Kohl, 179 Wis 2nd 798 (Ct. App. 1993). The complaint must set forth the figures for computing the amount owing.

V. Copies of this Order shall be made available to litigants and their attorneys.

Dated and signed at Wautoma, Wisconsin this 25th day of October, 1994.

Facsimile Transmission of Documents to the Court

1. Effective November 1, 2005 and pursuant to Sec. 801.l6(2)(a) Wis. Stats., the court establishes the following rules concerning the filing of documents and papers by facsimile:
   2. Facsimile documents transmitted directly to the court shall be accepted for filing only at 920-787-0481 and pursuant to the following provisons:
      1. The document, inclusive of cover letter, does not exceed twenty (20) pages in length.
      2. The transmission shall include a cover letter that clearly identifies the document(s) being filed and that reveals all parties and/or counsel are receiving the same communication.
      3. No filing fee is required.
      4. The circuit court must not incur any fee or charge for accepting or receiving the facsimile document.
      5. The regular business hours of the Waushara County Circuit Court are 8:00 a.m. to 4:30 p.m. Documents and papers will considered filed on the date that they are received by facsimile at 920-787-0481, provided that the facsimile transmission is completed within these business hours. Facsimile transmissions are completed after regular business hours shall be considered filed on the next business day.
      6. Facsimile papers are considered filed upon receipt by the clerk of the circuit court and are the official record of the court and may not be substituted or withdrawn. The party transmitting the papers or documents shall not send additional or "hard copies" of the facsimile transmission. Any duplicate papers subsequently received by the Clerk of Circuit Court, judge or court commissioner shall be disregarded and discarded by the Clerk of Circuit Court.
      7. Parties who have transmitted documents by facsimile to the court shall retain the "original" document used for the facsimile transmission within their own file.
      8. Any issue regarding the authenticity of the document submitted by facsimile shall place the burden of establishing authenticity upon the party who transmitted it.
   3. The responsibility for timely and complete receipt of a document or paper submitted by facsimile shall rest with the party who submitted it. The circuit court, judge, commissioner, or clerk shall not be responsible for:
      1. Errors or failures in transmission that result in missing or illegible documents.
      2. Periods when the circuit court facsimile machine is. not operational; regardless of the reason.
   4. The judge assigned to a specific matter may authorize the filing of documents in a manner that does not conform to these rules provided good cause is shown and there is compliance with Sec. 801.16 Wis. Stats. Facsimiles exceeding twenty (20) pages in length must include a representation from the submitting party that the judge or court commissioner has approved a facsimile that exceeds the limitations of these Waushara County Rules.
   5. Documents that are received by plain-paper facsimile other than the through the facsimile machine at 920-787-0481 shall be accepted for filing only if the transmission complies with all elements of the Waushara County Rules or in the event that the filing includes a written representation that the procedure was approved by the judge or court commissioner.
   6. Documents that are not to be filed but are used by the court for reference or other purposes may be transmitted by facsimile within the discretion of the judge, court commissioner or clerk.

Dated this 14th day of October, 2005.

Wisconsin Circuit Court Rules