Buffalo County
Circuit Court Rules
(Seventh Judicial District)
Order Authorizing Service by Mail in Small Claims
Actions
Service by ordinary mail through the Office of the Clerk of Court is
hereby authorized in all small claims court actions filed in Buffalo
County pursuant to 799.12 (3) of the Wisconsin Statutes.
Dated: June 13, 1988.
Standard Provisions for Support Orders
Local Court Rule 2007-01
WHEREAS, a local court rule being needed for
prescribed standard provisions for child support and maintenance orders
entered in the Buffalo County Courts to provide uniformity, to provide
the parties with notice of certain statutory provisions, and to provide
an effective and efficient means of periodic review of support orders
and exchange of information between the parties, the following local
court rule is adopted:
IT IS ORDERED pursuant to Sec. 753.35(1), any order
for child support under Sec. 767.25 or Sec. 48.355, for maintenance
under Sec. 767.26, for family support under Sec. 767.261 or any
modification thereof entered in Buffalo County on or after January 1,
2007 shall contain the provisions set forth in Exhibit
A, Additional Provisions on Child Support per Local Court
Rule
appended to this
Order.
IT IS FURTHER ORDERED that a copy of this rule shall be sent to the
Secretary of the Tri-County Bar Association, the Court Administrator for
the Seventh Judicial Administrative District, the State Bar of
Wisconsin, the State Law Library, and the Office of the Director of the
State Courts. Any person may submit to the Court written comments on
this rule for the Court's consideration and determining whether revision
of the rule is needed. The Clerk of Court shall print and make available
to the public, at cost, this rule.
Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County
Local Court Rule is approved.
Effective March 1, 2007.
Facsimile Transmission of Documents to the
Court
Local Court Rule 2007-02
WHEREAS §801.16(2), Wis. Stats, authorizes a
court by local court rule to permit filing of papers with the clerk of
circuit court by facsimile transmission to a plain paper facsimile
machine;
IT IS ORDERED the following governs filings of
papers by facsimile transmission with the Buffalo County Court:
- Papers may be filed with the Clerk of Circuit Court in accordance
with the procedures established in §801.16(2)(a), Wis. Stats. The
phone number designated by the court shall be the facsimile phone number
of the Clerk of Buffalo County Circuit Court.
- No filings shall exceed 15 pages in length. A "filing"
means the fax cover sheet and all subsequent pages thereafter. If the
facsimile transmission exceeds 15 pages, the party or attorney shall
certify that the assigned judge or court commissioner has approved the
facsimile transmission.
- Filing of papers by facsimile with the Clerk of Circuit Court is
further governed by the requirements and limitations of
§801.16(2)(d), (e) and (f), Wis. Stats.
- The fax papers are the official record of the court and may not be
substituted. No additional copies may be sent. The Clerk of Circuit
Court shall discard any duplicate papers subsequently received. Parties
who have transmitted documents by facsimile to the court shall retain in
their own files any "original" document that was used for the
facsimile transmission. In the event the authenticity of the faxed
document is challenged, the party who faxed the document to the Court
shall have the burden to show authenticity.
- Papers filed by facsimile transmission completed after regular
business hours of the Clerk of Circuit Court's office or on holidays or
week-ends are considered filed the next business day.
- The party transmitting the facsimile document is solely responsible
for ensuring its timely and complete receipt. The circuit court judge,
court commissioner, or clerk is not responsible for errors or failure in
transmission that result in missing or illegible documents or untimely
filings, and is not required to notify a party or attorney of errors or
failure of transmission.
IT IS FURTHER ORDERED that a copy of this rule shall
be sent to the Secretary of the Tri-County Bar Association, the Court
Administrator for the Seventh Judicial Administrative District, the
State Bar of Wisconsin, the State Law Library, and the Office of the
Director of the State Courts. Any person may submit to the Court written
comments on this rule for the Court's consideration and determining
whether revision of the rule is needed. The Clerk of Court shall print
and make available to the public, at cost, this rule.
Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County
Local Court Rule is approved.
Effective March 1, 2007.
Authorizing Court to be Held in Mondovi,
WI
Local Court Rule 2007-03
WHEREAS §753.24(2), Wis. Stats, authorizes a
court by local court rule to permit holding court in a city of the
county other than the county seat, and for convenience of litigants and
to encourage public participation in the court process it is desirable
to hold small claims hearings, hearings before the Family Court
Commissioner, and other types of hearing in the City of Mondovi, WI,
and;
WHEREAS the Court finds that the Mondovi City Hall
has adequate facilities for holding such hearings;
IT IS ORDERED that when sufficient business warrants
holding court at that location, court may be held in the City of
Mondovi, WI.
IT IS FURTHER ORDERED that a copy of this rule shall
be sent to the Secretary of the Tri-County Bar Association, the Court
Administrator for the Seventh Judicial Administrative District, the
State Bar of Wisconsin, the State Law Library, and the Office of the
Director of the State Courts. Any person may submit to the Court written
comments on this rule for the Court's consideration and determining
whether revision of the rule is needed. The Clerk of Court shall print
and make available to the public, at cost, this rule.
Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County
Local Court Rule is approved.
Effective March 1, 2007.
Order re: Family Counseling in Divorce Action
§767.115
It is hereby ordered that in all Actions Affecting the Family
involving minor children as follows:
- The parents shall enroll themselves and their child/children in an
approved educational program concerning the effects ona child of a
dissolution of the marriage. The following programs are approved for
Buffalo and Pepin Counties:
A Better Beginning
UW-Extension
Buffalo County Courthouse
407 S. 2nd Street
Alma, WI 54610
(608) 685-6256
A Better Beginning
UW-Extension
Pepin County Courthouse
740 7th Ave. West
Durand, WI 54736
(715) 672-5214
The Sandcastles Program
Positive Alternatives, Inc.
603 Terrill Road
Menomonie, WI 54751
(715) 235-9552
- The program must be completed with a certificate of completion on
file before a final hearing may be scheduled.
- Each parent shall be responsible for one-half of the fee for the
program. If one parent advances the entire fee, the other parent is
required to reimburse the advancing parent.
- Any parent who has physical placement of a child shall be
responsible for ensuring that such child attends the program ifrequired
by the program.
This Order amends the prior Order of the Court dated 2-1-06.
Dated: 6-5-07
Standard Provisions for
Support Orders
Local Court Rule 2008-01
WHEREAS, a local court rule being needed for
prescribed standard provisions for child support and maintenance
orders
entered in the Buffalo County Courts to provide uniformity, to provide
the parties with notice of certain statutory provisions, and to
provide
an effective and efficient means of periodic review of support orders
and exchange of information between the parties, the following local
court rule is adopted:
IT IS ORDERED pursuant to Sec. 753.35(1), any order
for child support under Sec. 767.25 or Sec. 48.355, for maintenance
under Sec. 767.26, for family support under Sec. 767.261 or any
modification thereof entered in Buffalo County on or after March 1,
2008 shall contain the provisions set forth in Exhibit
A, Additional Provisions on Child Support per Local Court
Rule appended to this
Order.
IT IS FURTHER ORDERED that a copy of this rule shall be sent to the
Secretary of the Tri-County Bar Association, the Court Administrator
for
the Seventh Judicial Administrative District, the State Bar of
Wisconsin, the State Law Library, and the Office of the Director of
the
State Courts. Any person may submit to the Court written comments on
this rule for the Court's consideration and determining whether
revision
of the rule is needed. The Clerk of Court shall print and make
available
to the public, at cost, this rule.
This Local Court Rule 2008-1 amends and restates Local Court Rule
2007-1 effective March 1, 2008.
Pursuant to Sec. 753.35(1), Wis. Stats., the above Buffalo County
Local Court Rule is approved.
Dated: 2-27-08
Local Rules Governing Small
Claims Procedure
Local Court Rule 2008-02
WHEREAS §§799.12(3) and 799.22(4) permit a
court to adopt local rules of procedure for small claims actions under
Ch 799;
NOW THEREFORE IT IS ORDERED:
- Service of County Residents by Mail. Service of Buffalo County
residents by ordinary mail through the office of the Clerk of Court is
hereby authorized in all small claims court actions in Buffalo County
pursuant to §799.12(3), except in eviction actions and as otherwise
prohibited by law.
- Pleading in Lieu of Appearance.
a. Both the plaintiff and defendant must appear in person or by an
attorney on the return date of the summons unless a written or telephone
appearance is authorized under this rule.
b. A defendant may join issue by written answer without appearing on
the return date only by complying with all of the following:
(1) The defendant must provide an exact copy of the written answer to
the Plaintiff. If the copy is delivered to the Plaintiff personally or
by fax, such delivery to the Plaintiff must occur at least 24 hours
before the return date and time. If such delivery to the plaintiff is by
mail, such mailing to the Plaintiff must occur at least 3 business days
before the return date and time.
(2) By the return date the defendant must file with the Court proof of
timely service of the written answer on the Plaintiff.
(3) If the defendant does not provide timely service of the written
answer on the Plaintiff, or fails to timely file proof of such delivery
with the Court, and if the Defendant fails to appear at the return date
and time, any written answer may be struck and Judgment may be entered
against the Defendant.
c. Written answers and proof of service may be filed by fax if they
otherwise comply with the fax filing policy.
d. Telephone appearances may be granted for out-of-state parties, for
attorneys representing a party, or for other parties in extenuating
circumstances in the discretion of the court if requested in writing
before the date of the initial appearance. Parties and attorneys
permitted to appear by phone shall call to the Court at the return date
and time. If an attorney or a party
fails to call into the court by telephone on the return date and time,
it will be considered a nonappearance and may result in dismissal or a
judgment.
IT IS FURTHER ORDERED that a copy of this rule shall
be sent to the Secretary of the Tri-County Bar Association, the court
Administrator for the Seventh Judicial Administrative District, the
State Bar of Wisconsin, the State Law Library, and the Office of the
Director of the State Courts. Any person may submit to the Court
written comments on this rule for the Court's consideration any
determining whether revision of the rule is needed. The Clerk of Court
shall print and make public, at cost, this rule.
Pursuant to §753.35(1), Wis. Stats., the above Buffalo County
Local Court Rule is approved.
Dated: 3-14-08
Wisconsin circuit court rules
