Milwaukee County Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Limits & Logistics
Document Limits
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Page & Word Limits12 rules
Summarize in detail in no more than 2 pages the facts of the case, issues and theories of liability or defense and evidentiary issues.
- Page limit
- Up to 2 pages
Motions and briefs exceeding these page limits may be disregarded.
Upon a showing of good cause made at or before filing a motion or brief, the court may permit the filing of a motion or brief exceeding these page limits, except that in no event may a motion brought pursuant to Wis. Stat. § 974.06 exceed 20 pages in length.
- Motion
- Up to 20 pages
- Wis. Stat. § 974.06 motions
Responsive briefs shall not exceed 20 pages in length.
- Page limit
- Up to 20 pages
- Opposition
The motion, including any accompanying brief, shall not exceed 20 double-spaced pages in length and shall comply with Rule 1.10 regarding format.
- Motion
- Up to 20 pages
- Brief
- Up to 20 pages
- Format
- Double-spaced
Reply briefs shall not exceed 10 pages.
- Reply
- Up to 10 pages
Unless the court grants permission in writing and in advance, the clerk shall not accept for filing any affidavit, including exhibits, which exceeds 250 pages in length, except affidavits in actions contesting insurance coverage to which the attached exhibits consist only of insurance policy documents.
- Affidavit
- Up to 250 pages
Exception
More pages with leave of court
E. Briefs in support or in opposition to such motions shall not exceed 10 pages in length, except that briefs filed in support or opposition to a motion for class certification shall not exceed 25 pages. Briefs in excess of the permitted length may be disregarded by the court. The court may modify these limitations upon a showing of good cause.
- Brief
- Up to 10 pages
D. Briefs in support or in opposition to motions for temporary injunctions or restraining orders shall not exceed 10 pages in length. Briefs in excess of the permitted length may be disregarded by the court. The court may modify these limitations upon a showing of good cause.
- Brief
- Up to 10 pages
Briefs in support of or in opposition to such motions shall not exceed 25 pages in length and reply briefs shall not exceed 10 pages in length, exclusive of affidavits and exhibits.
- Support or opposition brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Exhibits
Briefs in support or opposition to petitions for habeas corpus or certiorari in cases arising from or related to criminal convictions shall not exceed 20 double-spaced pages in length and shall comply with Rule 1.10 (format). Reply briefs shall not exceed 10 pages.
- Support or opposition brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
- Format
- Double-spaced
- Habeas brief
- Certiorari brief
Postconviction motions, responsive briefs, and reply briefs are limited to 20, 20, and 10 pages respectively; the court may permit excess pages for good cause, except that a Wis. Stat. § 974.06 motion may never exceed 20 pages.
- Responsive brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
- Format
- Double-spaced
Court's wording
The motion, including any accompanying brief, shall not exceed 20 double spaced pages in length and shall comply with Rule 1.10 regarding format. Responsive briefs shall not exceed 20 pages in length. Reply briefs shall not exceed 10 pages. Motions and briefs exceeding these page limits may be disregarded. Upon a showing of good cause made at or before filing a motion or brief, the court may permit the filing of a motion or brief exceeding these page limits, except that in no event may a motion brought pursuant to Wis. Stat. §§ 974.06 exceed 20 pages in length.
Document Format Requirements30 rules
State Report of Adoption Form. Use black ink only. No whiteouts, cross outs or erasures. Fill out page 1 (Sections I, II, III and IV) completely.
Formatting
- •Use black ink only
- •No whiteouts, cross outs or erasures
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on yellow paper:
- Summons
- Complaint
Formatting
- •Form printed on yellow paper
4. Number of copies required for filing: a. The signed original and one copy of the Petition to Amortize Debts. b. The signed original and one copy of the Affidavit of Debts. c. Three copies of the Order Appointing Trustee and Enjoining Creditors. d. Two stamped envelopes, one addressed to the proposed trustee and one addressed to the debtor or the debtor’s attorney.
The required Eviction Diversion Initiative Information Sheet must be printed on yellow paper.
Court's wording
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on yellow paper:
the plaintiff shall attach to the summons and complaint served upon the mortgagor(s) the following forms printed on pink paper
The required residential-eviction-diversion form must be printed on white paper; yellow paper is no longer accepted.
- Eviction diversion form
Formatting
- •Printed on white paper
Court's wording
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on white paper; the yellow colored paper is no longer required.
The motion, including any accompanying brief, shall not exceed 20 double-spaced pages in length and shall comply with Rule 1.10 regarding format.
All submissions (motion and briefs) must use at least a 12-point font size in the body and at least a 10-point font size for block quotations and footnotes and must have at least a one inch margin on all sides.
- Margins
- At least 1 inch
- Motion
- Brief
Documents exceeding one page must be stapled or bound at the top-left corner, without a binding that prevents opening after court-file binding.
- Binding
- Securely bound
Court's wording
9. if consisting of more than one page, be stapled or otherwise bound at the top left- hand corner of the document; documents shall not be bound in such a way as to prevent them from being opened when they are bound to the court file through the holes punched at the head of the document;
1. be printed on 8 1/2 by 11 inch paper; exhibits exceeding those dimensions may be filed, but only if the paper is folded so as to reduce the size of the document to 8 1/2 by 11 inches or smaller;
- Paper size
- Letter
4. be paginated at the bottom center of each page except for the first page of the document;
Formatting
- •Pages after the first page must be paginated at the bottom center
A. Letters, pleadings, motions, briefs, affidavits and other documents shall conform to the provisions of this rule; if not, the document shall not be filed.
- Letter
- Pleading
- Motion
- Brief
- Affidavit
Formatting
- •Documents that do not conform to the rule shall not be filed
7. if signed by an attorney, state the attorney’s State Bar Identification Number.
- Attorneys
Formatting
- •The signing attorney's State Bar Identification Number must be stated
Documents must receive a standard two-hole punch at the head, with holes 2¾ inches apart center to center and at least 9/32 inch in diameter.
Formatting
- •Each hole must have a diameter of at least 9/32 inch
Court's wording
8. be hole-punched at the head of the document with a standard two-hole punch, for efficient maintenance and preparation of the court record; the holes shall be set apart 2 3/4 inches center to center and have a diameter of no less than 9/32 inch;
3. be double-spaced;
- Line spacing
- Double
B. All motions shall comply with the format requirements of Rule 1.10.
Unless the rules or the court specify otherwise, a party filing a document must supply the signed original and three copies.
Court's wording
Whenever these rules call for the filing of a document with the court, the party making the filing shall supply the signed original and 3 copies, unless otherwise specified in these rules or ordered or directed by the court.
A reconciliation-suspension stipulation must be presented with five copies and postage-prepaid return envelopes.
Formatting
- •Five copies must accompany the stipulation
- •Return envelopes with postage affixed must accompany the stipulation
Court's wording
Stipulations for suspension of proceedings to effect reconciliation, together with five copies and return envelopes with postage affixed, shall be presented for approval to the judge to whom the case is assigned.
The original state-issued Certificate of Divorce or Annulment must be completed in black ink, and no information may be erased, crossed out, or covered with correcting fluid or tape.
- Certificate of divorce or annulment
Formatting
- •Information must not be erased or crossed out.
- •Information must not be covered with correcting fluid or tape
Court's wording
4. The original, state-issued Certificate of Divorce or Annulment form prescribed by the State of Wisconsin Vital Records Section (the state-issued form is available in Courthouse Room 411) completed in black ink. No information on the form shall be erased or crossed out or covered with correcting fluid or tape.
2. A motion for discovery shall be made in writing and filed in person by the defendant or by an attorney with the court within thirty (30) days of initial appearance.
After you have been sworn by a Notary Public, sign and print your name and date the document in front of the Notary Public.
This form shall not be modified. It may be supplemented with additional materials.
Formatting
- •The form shall not be modified
- •Additional materials may supplement the form
Have the Notary Public sign, date, and seal the document.
Formatting
- •The Notary Public must sign, date, and seal the document
After you have mailed the summons and complaint, or other document, you must complete the information to the right.
STOP! Take this document to a Notary Public BEFORE you sign it.
The required Eviction Diversion Initiative Information Sheet attached to the summons and complaint must be printed on yellow paper.
Court's wording
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on yellow paper: 1. Eviction Diversion Initiative Information Sheet
An original document for filing must not be stapled or otherwise bound except by an easily removable method, while copies may be bound as the filer decides.
Court's wording
The original document for filing shall not be stapled or otherwise bound, except by an easily removable method, such as a paper clip or a binder clip, in order to facilitate scanning into the CCAP Case Management application. Copies may be stapled or otherwise bound as the filer decides.
5. when referring to published decisions of Wisconsin appellate courts, include the Callaghan reporter citation (Wis. 2d);
6. prominently state the electronic mail address of the person signing the document, unless the person does not have an electronic mail address;
Document Filing Requirements118 rules
Appear for your hearing. The person seeking to adopt, their spouse, if any, and the person seeking to be adopted must appear in person for the hearing.
GF-303 Order on Petition for Adult Adoption. Fill out the caption (top portion with name, date of birth, case number) and #9 only. Original and one copy.
Bring the original and one copy of the forms to file in Room 207.
The GF-300 petition and GF-302 consent must be completed and signed by the specified people, and both forms must be notarized.
Court's wording
Complete the following forms: GF-300 Petition for Adult Adoption – filled out and signed by the adult seeking to adopt another adult (“petitioner”). Must be notarized. GF-302 - Consent to Adult Adoption – filled out and signed by petitioner, that person’s spouse, if any (even if the spouse is not also seeking to adopt or is the biological parent), and the person seeking to be adopted. Must be notarized.
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on yellow paper:
The Affidavit of Mailing needs to be notarized.
e. Certified mail receipt or Affidavit of Mailing form SC-5130V (the Affidavit of Mailing needs to be notarized – this can be done in Room 104)
Have the Notary Public sign, date, and seal the document.
This form shall not be modified. It may be supplemented with additional materials.
After you have been sworn by a Notary Public, sign and print your name and date the document in front of the Notary Public.
STOP! Take this document to a Notary Public BEFORE you sign it.
A Chapter 128 petition must be filed with the court in the prescribed form and include the debtor verification, debtor and employer names and addresses, proposed trustee information, and a statement of the proposed trustee's agreement to act.
Court's wording
A. The court will not hear or act on a petition filed under Wis. Stat. § 128.21 unless, in addition to the requirements stated in Wis. Stat. § 128.21, all of the following are filed with the court: 1. A Petition to Amortize Debts in the form prescribed by the court (see Form CV 5 in the Appendix of Forms), which shall include: a. a statement signed by the debtor verifying that the statements made in the petition are true; b. the name and full address of the debtor; c. the name and full address of each employer of the debtor; d. the name and full address of a proposed trustee; and e. a statement signed by an attorney or by the proposed trustee that the proposed trustee agrees to act as trustee.
2. An Affidavit of Debts, in the form prescribed by the court (see Form CV 6 in the Appendix of Forms) which shall list: a. each creditor by name and full address; b. the amount owed to or claimed by each creditor; and c. the total amount of all debts and/or claims to be included in the amortization plan.
3. An Order Appointing Trustee and Enjoining Creditors (see Form CV 7 in the Appendix of Forms) which shall state: a. the name and full address of the proposed trustee; b. the name and full address of debtor’s employer; and c. the amount of money the debtor proposes either (1) to have deducted from each paycheck or (2) to pay directly to the trustee, until otherwise directed by the trustee
The Chapter 128 trustee must file the prescribed Report of Trustee, Plan, and Proposed Order Approving Plan with the court.
Court's wording
D. To comply with the requirements stated in Wis. Stat. § 128.21, the trustee shall file with the court a Report of Trustee, Plan and Proposed Order Approving Plan in the form prescribed by the court (see Forms CV 8, CV 9 and CV 10 in the Appendix of Forms).
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on yellow paper: 1. Eviction Diversion Initiative Information Sheet
- Document
- Summons and complaint
Must include
- •Eviction Diversion Initiative Information Sheet
IT IS HEREBY DIRECTED that, until further notice, in all residential mortgage foreclosure actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the mortgagor(s) the following forms printed on pink paper:
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on white paper; the yellow colored paper is no longer required.
The parties and their attorneys shall participate in person.
Any corporate party or other organization shall appear, in addition to counsel of record, by an individual who shall have full authority to negotiate, unless the mediator permits otherwise.
If a jury trial is requested, on or before _________________________ the parties shall file a list of all proposed jury instructions (numbers and titles only, unless requesting modified or special instructions), a proposed verdict form and all motions in limine.
Identify each trial witness and summarize in detail his or her testimony.
Designate all portions of any deposition that will be read or displayed to the jury.
If a court trial is requested, on or before _________________________ the parties shall file proposed findings of fact and conclusions of law.
On or before _________________________ each party shall file a pretrial report.
State whether mediation is complete and, if not, whether settlement negotiations are ongoing.
List all exhibits to be offered at trial. The exhibits shall be made available for inspection upon the request of any other party as of the filing of the Exhibit List.
Must include
- •Exhibit list
IT IS HEREBY DIRECTED that, until further notice, in all residential eviction actions filed after the effective date of this directive, the plaintiff shall attach to the summons and complaint served upon the defendant(s) the following form printed on white paper; the yellow colored paper is no longer required.
If an order is not reduced to writing at the time the court makes an oral ruling, then within five (5) days of the hearing, or within such time as the court orders, the attorney for the prevailing party shall eFile with the court and serve all parties a proposed written order.
Filing & Service rules
Electronic Filing Rules
Postconviction motions other than petitions for writs of certiorari must be filed with the appellate section of the criminal division of the Clerk of Court in Room 117 of the Safety Building.
All motions, except petitions for writs of certiorari, shall be filed with the appellate section of the criminal division of the Clerk of Court (Room 117, Safety Building).
Page 3 | 4.17 POSTCONVICTION MOTIONS
Attorneys must electronically file covered Children's Division petitions, while self-represented parties may file them electronically or in paper at the Clerk's Office.
Petitions filed by, on behalf of, against, or in the interest of a child, and authorized in Wis. Stat. Chapter 48, 938, or authorized in Wis. Stat. Chapter 54, 767, as indicated by Wis. Stat. §801.18(3)(a), shall be eFiled by attorneys or eFiled or paper filed by non-legal party/pro se litigant filers in the office of the Clerk of Circuit Court Children's Division ("Clerk's Office").
Page 7 | 6.4 ASSIGNMENT OF CASES
Statutorily noticed petitions, motions, and requests may be filed electronically or on paper, with the filer providing names and addresses for notice.
All petitions, motions, or requests which by statute require the Clerk's Office to give notice to an interested party shall be eFiled or paper filed with the Clerk's Office (if a non-legal party/pro se litigant filer opts to not eFile), which will designate a hearing date. The party or entity filing the petition, motion, or request shall provide the Clerk's Office with the names and addresses of all persons to whom notice must be given. The Clerk's Office shall provide notice to such persons at the addresses provided by the party, as well as to any possible alternative addresses.
Page 9 | 6.6 FILING OF PAPERS
All attorneys must file papers through electronic filing.
All attorneys shall file papers via e-Filing pursuant to Wis. Stat. §801.18.
Page 9 | 6.6 FILING OF PAPERS
A pro se litigant may file certain papers in court during or immediately before a hearing when all parties are present and served, but attorneys must e-file before the hearing.
Any petition, motion or request may be filed by a non-legal party/pro se litigant filer in court during or immediately before a hearing, provided that all parties are present and are served in court. All attorneys must eFile prior to the hearing.
Page 9 | 6.6 FILING OF PAPERS
Other petitions, motions, and requests may be filed electronically or on paper in the assigned branch, with an alternative Clerk's Office filing option for pro se litigants when the branch is unavailable.
All other petitions, motions, or requests shall be eFiled or filed (if a non-legal party/pro se litigant filer opts to not eFile), in the branch to which the case is assigned, which will designate a hearing date. If the assigned branch is unavailable to accept the filing, the non-legal party/pro se litigant filer may file in the Clerk's Office, which will designate a hearing date.
Page 9 | 6.6 FILING OF PAPERS
The court does not accept documents for filing by fax or email, except qualifying correspondence with the court under Rule 1.15.
The court does not accept for filing any document submitted by facsimile transmission or by electronic mail, except for correspondence with the court permitted under Rule 1.15 (correspondence with the court).
Page 16 | 1.14 Filing of Documents by Facsimile and Electronic Mail Prohibited
Discovery materials may not be filed unless a statute permits filing, they are offered in evidence or in support of a motion, or the court otherwise permits filing.
Discovery documents shall not be filed unless permitted by statute, offered in evidence, offered in support of a motion, or otherwise permitted by the court.
Page 16 | 1.11 Discovery Documents Shall Not be Filed
Electronically stored information cannot be filed instead of a hard copy unless the court specifically permits it.
Electronically stored information may not be filed in lieu of hard copy unless specifically permitted by the court.
Page 16 | 1.14 Filing of Documents by Facsimile and Electronic Mail Prohibited
Attorneys must eFile covered child-related petitions in the Clerk’s Office; non-legal party or pro se litigants may eFile or paper file them.
Petitions filed by, on behalf of, against, or in the interest of a child, and authorized in Wis. Stat. Chapter 48, 938, or authorized in Wis. Stat. Chapter 54, 767, as indicated by Wis. Stat. §801.18(3)(a), shall be eFiled by attorneys or eFiled or paper filed by non-legal party/pro se litigant filers in the office of the Clerk of Circuit Court Children’s Division (“Clerk’s Office”).
Page 72 | 6.4 Assignment of Cases
Other petitions, motions, and requests may be filed electronically or, for a non-legal party or pro se litigant that opts out of electronic filing, filed in the assigned branch.
All other petitions, motions, or requests shall be eFiled or filed (if a non-legal party/pro se litigant filer opts to not eFile), in the branch to which the case is assigned, which will designate a hearing date.
Page 74 | 6.6 FILING OF PAPERS
Petitions, motions, and requests requiring statutory notice may be filed electronically or, for a non-legal party or pro se litigant that opts out of electronic filing, filed in paper form with the Clerk’s Office.
All petitions, motions, or requests which by statute require the Clerk’s Office to give notice to an interested party shall be eFiled or paper filed with the Clerk’s Office (if a non-legal party/pro se litigant filer opts to not eFile), which will designate a hearing date.
Page 74 | 6.6 FILING OF PAPERS
Attorneys must file papers electronically.
All attorneys shall file papers via e-Filing pursuant to Wis. Stat. §801.18.
Page 74 | 6.6 FILING OF PAPERS
Attorneys must electronically file petitions, motions, and requests before the hearing, while pro se filers may file in court during or immediately before the hearing if all parties are present and served in court.
Any petition, motion or request may be filed by a non-legal party/pro se litigant filer in court during or immediately before a hearing, provided that all parties are present and are served in court. All attorneys must eFile prior to the hearing.
Page 75 | Part 6
2. A motion for discovery shall be made in writing and filed in person by the defendant or by an attorney with the court within thirty (30) days of initial appearance.
2. A motion for discovery shall be made in writing and filed in person by the defendant or by an attorney with the court within thirty (30) days of initial appearance.
Page 79 | 828. MOTION PRACTICE
The filing of pleadings and other papers with the court shall be made by filing them at the office of the court at 951 North James Lovell Street, Milwaukee, Wisconsin 53233.
The filing of pleadings and other papers with the court shall be made by filing them at the office of the court at 951 North James Lovell Street, Milwaukee, Wisconsin 53233.
Page 81 | 843. FILING PAPERS
The pro se tenant must file the completed eviction sealing forms in Room 409 of the courthouse.
File eviction sealing forms in Room 409 of the courthouse
Page 3 | Steps to complete this packet
The pro se filer must bring all completed sealing forms and the applicable mailing evidence to Room 409.
Bring all completed forms and the Affidavit of Mailing or certified mail receipt if you served by certified mail to Room 409 of the courthouse.
Page 5 | Step 4: File the eviction sealing forms
If the assigned branch cannot accept a filing, a non-legal party or pro se litigant may file in the Clerk’s Office.
If the assigned branch is unavailable to accept the filing, the non-legal party/pro se litigant filer may file in the Clerk’s Office, which will designate a hearing date.
Page 74 | 6.6 FILING OF PAPERS
Pleadings and other court papers may be filed by facsimile transmission to the court office.
The filings of pleadings and other court papers may be performed by facsimile transmission to the office of the court.
Page 81 | 843. FILING PAPERS
Filing Timing and Cure Windows
A plaintiff objecting to a motion to seal or redact an eviction record must file the attached response within 15 days after receiving the motion.
For Plaintiff: If you object to this motion to seal or redact, you must file the attached Plaintiff Response to Motion to Seal or Redact Eviction Record with the court no later than 15 days after receiving the motion.
Page 5 | Motion to Seal or Redact Eviction Record
The Scheduling Conference Data Sheet must be filed one week before the scheduling conference.
# Scheduling Conference Data Sheet- to be Filed One Week Prior to Scheduling Conference
Civil cases
Page 1 | Scheduling Conference Data Sheet
The Scheduling Conference Data Sheet must be filed one week before the scheduling conference.
Scheduling Conference Data Sheet- to be Filed One Week Prior to Scheduling Conference
Civil cases
Page 1 | Scheduling Conference Data Sheet- to be Filed One Week Prior to Scheduling Conference
The court will not act on an incomplete Chapter 128 petition, and the case will be dismissed without further notice and without prejudice if the requirements remain unmet for more than 30 days after filing.
6. If the requirements of this rule are not met, the court will not act on the petition. If more than 30 days passes after filing without these requirements being met, the case shall be dismissed without further notice and without prejudice.
Page 2 | 3.30 Chapter 128 Proceedings for Amortization of Debts
The parties must complete mediation by the stated scheduling deadline.
On or before _________________________, the parties shall complete mediation.
Civil cases
Page 1 | CIVIL DIVISION SCHEDULING ORDER
All dispositive motions governed by Local Rules 3.14 and 3.15 must be filed by the stated scheduling deadline.
On or before _________________________, all dispositive motions governed by Local Rules 3.14 and 3.15 shall be filed.
Civil cases
Page 1 | CIVIL DIVISION SCHEDULING ORDER
The deadlines in the scheduling order may not be extended without court consent.
The deadlines set forth in this order may not be extended without the consent of the court.
Civil cases
Page 2 | CIVIL DIVISION SCHEDULING ORDER
A proposed written order for an unwritten oral ruling must be e-filed and served within five days of the hearing unless the court orders a different time.
If an order is not reduced to writing at the time the court makes an oral ruling, then within five (5) days of the hearing, or within such time as the court orders, the attorney for the prevailing party shall eFile with the court and serve all parties a proposed written order.
Page 9 | 6.8 PROPOSED ORDERS
A party objecting to the form or substance of a proposed order must file a written objection and a consistent counter-order on or before the fifth business day after the court receives the order; the same filing, service, and holding procedures apply to objections to the counter-order.
B. On or before the fifth business day after the order is received by the court, any party that objects to the form of the proposed order or any failure of the proposed order to express the court’s intended or suggested order shall file a written objection accompanied by a proposed order consistent with the objection. The objection and counter-order shall be filed, served and held following the procedures in paragraph A. The provisions of this paragraph apply to objections to the counter-order.
Page 20 | 1.21 Proposed Orders; the Five-Day Rule
Papers opposing the covered motions must be filed no later than 7 calendar days before the hearing, including weekends and holidays.
B. All papers filed in opposition to such motions shall be filed no later than 7 calendar days (including Saturdays, Sundays and holidays) before the hearing date.
Page 25 | 3.11 Non-dispositive Motions
An earnings garnishment notice must be filed with the Clerk’s office no later than 5 business days after the garnishee is served.
B. The Clerk’s office may issue earnings Garnishment forms upon payment of the appropriate fee and prior to the filing of the earnings garnishment notice provided that the earnings garnishment notice is filed with the Clerk’s office no later than 5 business days after the date the garnishee is served.
Page 25 | 3.7 Garnishment
Non-dispositive motions and supporting papers, subject to the listed exceptions, must be filed at least 15 days before the hearing.
A. Except for motions to dismiss, for judgment on the pleadings and for summary judgment or partial summary judgment (see Rules 3.14 and 3.15) and motions for temporary restraining orders (see Rule 3.13), all motions and supporting papers shall be filed not less than 15 days before the hearing date.
Page 25 | 3.11 Non-dispositive Motions
Briefs or other response papers must be filed at least 25 days before the hearing.
B. Briefs or other papers in response to such motions shall be filed not less than 25 days before the hearing date.
Page 26 | 3.14 Motions to Dismiss or for Judgment on the Pleadings
Reply briefs or other supporting papers must be filed at least 15 days before the hearing.
C. Reply briefs or other papers in support of such motions shall be filed not less than 15 days before the hearing date.
Page 26 | 3.14 Motions to Dismiss or for Judgment on the Pleadings
A motion to dismiss or for judgment on the pleadings must generally be filed at least 45 days before the hearing, subject to the stated debt-default exception in paragraph D.
A. Motions to dismiss or for judgment on the pleadings shall be filed not less than 45 days before the hearing date, except as provided in paragraph D.
Page 26 | 3.14 Motions to Dismiss or for Judgment on the Pleadings
A summary judgment motion must be filed at least 45 days before the hearing date.
Motions for summary judgment shall be filed not less than 45 days before the hearing date.
Page 27 | 3.15 Summary Judgment Motions
Reply briefs or papers supporting summary judgment must be filed at least 15 days before the hearing date.
Reply briefs or other papers in support of such motions shall be filed not less than 15 days before the hearing date.
Page 27 | 3.15 Summary Judgment Motions
Response briefs or papers opposing summary judgment must be filed at least 25 days before the hearing date.
Briefs or other papers in response to such motions shall be filed not less than 25 days before the hearing date.
Page 27 | 3.15 Summary Judgment Motions
Nonfinal orders, certificates, and judgments must be submitted for signature no later than 30 days after the date the subject was heard or was to be heard.
All orders, certificates, and judgments, other than final judgments, shall be submitted to the judge or circuit court commissioner for signature not later than 30 days after the date on which the subject of the order is heard or was to be heard by the court.
Page 34 | 3.57 Proposed Orders (Thirty Day Rule)
Attorneys must promptly report a settlement or dismissal and file the stipulation and order no later than 30 days after the scheduled hearing date.
Attorneys shall promptly notify the deputy clerk of the assigned court or the acting circuit court commissioner of a settlement or dismissal of a contest and shall file a stipulation and order not later than 30 days after the scheduled hearing date.
Page 34 | 3.57 Proposed Orders (Thirty Day Rule)
Bail motions must be filed in writing at least 48 hours before the scheduled hearing unless the parties agree to shorten the notice period.
Bail motions shall be served and filed in writing at least 48 hours in advance of the scheduled hearing, unless the parties agree to shorten this notice period.
Page 48 | 4.23 Preliminary Hearing Court Rules
If items C.8 through C.10 are not submitted before or at the final hearing, they must be submitted for court approval and served on all parties, including the Department of Child Support Enforcement, no later than 30 days after the hearing.
If the court conducts the final hearing without a party submitting the items identified in paragraphs C.8 through C.10 in advance or at the time of the final hearing, they shall be submitted for the court’s approval, and served on all parties to the action, including the Department of Child Support Enforcement, no later than 30 days after the hearing.
Page 60 | 5.20
The required trial-commencement documents must be filed no later than the commencement of trial.
To insure an efficient closure of the proceedings upon the conclusion of a trial, all parties at trial shall file the following at or before the commencement of the trial
Page 63 | 5.25 Documents to be Filed at the Commencement of Trial
When the disputed issue involves spousal maintenance, property division, or child support, the opposing party must file a compliant current financial disclosure statement at or before the motion hearing.
E. To the extent the issue in dispute involves spousal maintenance, property division or child support, the party opposing the motion shall file, at or before the hearing on the motion, a current financial disclosure statement that complies with the requirements of Rule 5.12.D.1.
Page 67 | 5.31
A request to extend child support beyond age 18 for a child still attending high school must be submitted in writing to the Department of Child Support Enforcement before the child’s 18th birthday and include specified school-letterhead documentation.
A request to extend child support beyond the child’s 18th birthday because the child is still attending high school shall be submitted in writing to the Department of Child Support Enforcement before the child’s 18th birthday. The request shall be accompanied by a document on school letterhead stating (1) that the child is enrolled in high school and (2) the date on which the child is expected to graduate.
Page 68 | 5.34
A request for review of a Family Court Commissioner’s denial of a Chapter 813 temporary restraining order or injunction hearing must be made as soon as possible and no later than 10 days after the decision, in writing or in person, to the deputy court clerk assigned to the daytime duty judge.
The request for review may be made in writing or in person and shall be filed with or made to the deputy court clerk assigned to the daytime duty judge. The request shall be made as soon as possible but no later than 10 days after the date of the decision of which review is sought.
Page 70 | 5.38 Review of Decisions of the Family Court Commissioner in Chapter 813 Actions Concerning Harassment or Domestic Abuse
A discovery motion must be filed within 30 days after the defendant's initial appearance.
2. A motion for discovery shall be made in writing and filed in person by the defendant or by an attorney with the court within thirty (30) days of initial appearance.
Page 79 | 828. MOTION PRACTICE
Facsimile filings are deemed filed upon transmission, but one completed after 4:30 p.m. Monday through Friday or during a weekend or holiday is deemed filed the next business day.
Papers filed by facsimile transmission will be considered filed when transmitted except papers filed by facsimile transmission completed after 4:30 p.m., Monday through Friday or during weekends and holidays shall be considered filed the next business day.
Page 81 | 843. FILING PAPERS
A plaintiff objecting to a motion to seal or redact an eviction record must file the attached response with the court no later than 15 days after receiving the motion.
For Plaintiff: If you object to this motion to seal or redact, you must file the attached Plaintiff Response to Motion to Seal or Redact Eviction Record with the court no later than 15 days after receiving the motion.
Page 7 | Declaration in Support to Seal or Redact Eviction Record
An objecting plaintiff must file the attached response with the court no later than 15 days after receiving the motion; otherwise, the court may proceed without the plaintiff and grant the request.
For Plaintiff: If you object to this motion to seal or redact, you must file the attached Plaintiff Response to Motion to Seal or Redact Eviction Record with the court no later than 15 days after receiving the motion. If you do not, the court may proceed without you and grant the request,
Page 12 | How to Ask to Seal Your Eviction Record without a Hearing
The five-day rule for proposed orders does not apply to temporary guardianship, pick-up, temporary physical custody, fully written agreed, or specified Supreme Court-form guardianship or termination orders.
Local Rule 1.21 (the "five-day rule") applies to all such proposed orders, except temporary guardianship orders, pick-up orders, temporary physical custody orders, orders agreed to in writing by all parties, and orders for guardianship or termination of parental rights submitted on Supreme Court forms without any addenda.
Page 9 | 6.8 PROPOSED ORDERS
Motion hearings generally must be scheduled on Monday mornings, subject to Rule 1.19, contrary law, or the court’s discretion.
Subject to the provisions of Rule 1.19 (obtaining hearing dates), motion hearings shall be scheduled on Monday mornings, except as otherwise provided by law or scheduled at the discretion of the court.
Page 25 | 3.10 Hearing Dates
The Civil Division Scheduling Order must specify whether the parties agree to use the rule's briefing deadlines instead of those in Wis. Stat. § 802.08(2).
The Civil Division Scheduling Order shall designate whether the parties agree to comply with the briefing deadlines set forth in this rule in place of the briefing deadlines set forth in Wis. Stat. § 802.08(2).
Page 27 | 3.15 Summary Judgment Motions
A request for review of a Family Court Commissioner decision must be made by motion and filed in the assigned case branch no later than 15 business days after the event identified in the source text.
A. Except as provided in Rule 5.38 (review of decisions of the Family Court Commissioner in Chapter 813 Actions), any order, ruling or decision of the Family Court Commissioner is subject to de novo review pursuant to Wis. Stat. § 757.69(8) by the judge to whom the case is assigned, at the request of any party to the action, including the guardian ad litem. B. A request for review shall by made by motion. The motion shall be filed in the branch to which the case is assigned no later than 15 business days after the
Page 66 | 5.31
The five-day rule for proposed orders does not apply to temporary guardianship orders, pick-up orders, temporary physical custody orders, orders agreed to in writing by all parties, or specified guardianship or termination-of-parental-rights orders submitted on Supreme Court forms without addenda.
Local Rule 1.21 (the “five-day rule”) applies to all such proposed orders, except temporary guardianship orders, pick-up orders, temporary physical custody orders, orders agreed to in writing by all parties, and orders for guardianship or termination of parental rights submitted on Supreme Court forms without any addenda.
Page 75 | 6.8 PROPOSED ORDERS
Service and Proof of Service Rules
If the landlord does not e-file, mail the forms to the landlord.
Step 3: Check if the landlord e-files. If they do not e-file, mail the forms to the landlord
Page 2 | Step 3: Check if the landlord e-files. If they do not e-file, mail the forms to the landlord
If the landlord e-files, the landlord is served as soon as the documents are filed and does not need to be mailed a copy.
Check if the landlord e-files – if they e-file, they are served as soon as you file the documents. You do not need to mail them a copy.
Page 2 | Step 3: Check if the landlord e-files. If they do not e-file, mail the forms to the landlord
You must send them the paperwork by regular mail, complete and notarize an Affidavit of Mailing, and file it in Room 409 of the courthouse.
Send them a copy of the paperwork by regular mail. Complete an Affidavit of Mailing and file it in Room 409 of the courthouse. The Affidavit of Mailing needs to be notarized.
Page 3 | Step 3: Check if the landlord e-files. If they do not e-file, mail the forms to the landlord
If you do not see “Case initiated by electronic filing,” you must mail the landlord a copy of the motion.
If you do not see "Case initiated by electronic filing," you must mail a copy of the motion to the landlord so they know you filed the motion
Page 3 | Step 3: Check if the landlord e-files. If they do not e-file, mail the forms to the landlord
The affidavit of mailing must be completed after the summons, complaint, or other document has been mailed.
After you have mailed the summons and complaint, or other document, you must complete the information to the right.
Page 8 | Affidavit of Mailing (Small Claims)
A notice to vacate may be delivered to the tenant, a family member or occupant at least 14 years old, with a copy also mailed by regular mail to the tenant.
Delivery to someone at the premises - giving the notice to the tenants; giving a copy to a family member who is at least 14 years of age, and telling them it is an eviction, leaving a copy with an occupant over 14 years of age, and also mailing a copy by regular mail to the tenant.
Page 1 | SERVING THE NOTICE
A notice to vacate may be securely posted on the entrance door if a copy is mailed by regular mail the same day.
Securely posting the notice on the entrance door and mailing the notice by regular mail the same day.
Page 1 | SERVING THE NOTICE
When serving a notice to vacate by certified mail, add two days to the applicable notice period.
Service by Certified Mail - If you choose to mail by certified mail, add two (2) days to the time period.
Page 1 | SERVING THE NOTICE
The summons and complaint must be served by a nonparty who is at least 18 years old and a Wisconsin resident.
The Summons and Complaint must be served by a third person, who is not a party to the action, who is at least 18 years of age and a resident of the State of Wisconsin.
Page 2 | SERVING THE SUMMONS AND COMPLAINT
The person serving the summons and complaint must complete an affidavit of service and bring the original to court.
Once the Summons and Complaint has been served, the person who served it must fill out an Affidavit of Service form. Bring the original copy of the Affidavit of Service to court with you.
Page 2 | SERVING THE SUMMONS AND COMPLAINT
The summons and complaint must be served at least five days before the court date, with weekends and holidays excluded from the count.
The Summons and Complaint must be served no less than 5 days before the court date; weekends and holidays do not count.
Page 2 | SERVING THE SUMMONS AND COMPLAINT
The Sheriff's Office must mail notice to the tenant.
The Sheriff’s Office will then mail the tenant a notice.
Page 3 | AFTER COURT
The papers may not be served by mail.
You may not mail the papers.
Page 1 | About Civil Lawsuits
After filing, the defendant must be personally served.
Once you file, you must have the defendant personally served.
Page 1 | About Civil Lawsuits
A plaintiff may not personally serve the defendant themselves.
You may not serve the defendant yourself.
Page 1 | About Civil Lawsuits
Each party must serve lay-witness information, expert-witness information, and an itemized damages statement by the dates set forth in the order.
On or before the dates set forth below, the parties shall serve, pursuant to Local Rule 1.13, (a) the names and addresses of lay witnesses and a brief summary of their anticipated testimony; (b) the name, address, resume and written report of each expert witness; and (c) an itemized statement of damages, including any claim of permanency:
Civil cases
Page 1 | CIVIL DIVISION SCHEDULING ORDER
A copy of the scheduling order must be served with the summons and complaint when an additional party is named.
If any additional party is named, a copy of this Order shall be served with the summons and complaint.
Civil cases
Page 1 | CIVIL DIVISION SCHEDULING ORDER
A copy of the postconviction motion must be served on the State before the motion is filed.
Before filing, a copy of the motion shall be served upon the State.
Page 3 | 4.17 POSTCONVICTION MOTIONS
When a pro se litigant files a petition, motion, or request in court during or immediately before a hearing, all parties must be present and served in court.
Any petition, motion or request may be filed by a non-legal party/pro se litigant filer in court during or immediately before a hearing, provided that all parties are present and are served in court.
Page 9 | 6.6 FILING OF PAPERS
Unless another governing source provides otherwise, every document filed with the court must be served on all parties to the action.
Unless required otherwise by statute, these rules or court order, a copy of any document filed with the court shall be served upon all parties to the action.
Page 16 | 1.13 Methods of Service of Motions, Briefs, Affidavits, Notices and Other Such Documents
Summonses, complaints, and landlord-tenant notices must be served using the method specified by the applicable state statute.
Service of summonses, complaints and landlord-tenant notices shall be accomplished by the method stated in the applicable state statute.
Page 16 | 1.13 Methods of Service of Motions, Briefs, Affidavits, Notices and Other Such Documents
A document may not be filed until a copy has been served on every party that has appeared or is otherwise required to receive service, unless another governing source provides otherwise.
Unless otherwise required by statute, these rules or court order, no document shall be filed until a copy of the document is served upon all parties who have appeared or otherwise must be served.
Page 16 | 1.12 Service of Papers Before Filing
For an attorney represented party whose attorney appears in the court record, service must be made on that attorney.
For parties represented by an attorney whose name appears in the court record, the copy shall be served on the attorney.
Page 16 | 1.13 Methods of Service of Motions, Briefs, Affidavits, Notices and Other Such Documents
A document served by facsimile or email must also be mailed on the same day.
provided that a copy of the document also is mailed on the same day as the facsimile or electronic mail transmission.
Page 16 | 1.13 Methods of Service of Motions, Briefs, Affidavits, Notices and Other Such Documents
A default judgment motion based on publication must include a Form CV 4 affidavit or substantial equivalent on yellow paper, proof of publication, and proof of mailing the publication summons.
If the party against whom judgment is sought is served by publication, within or outside Wisconsin, the motion shall be supported by a Form CV 4 Affidavit of Reasonable Diligence, or its substantial equivalent, printed on yellow paper, and proof of publication and mailing of the publication summons.
Page 28 | 3.16 Default Judgments
A default judgment motion involving substitute service on a natural person in Wisconsin must include a Form CV 2 affidavit or substantial equivalent on blue paper.
If the party against whom judgment is sought is a natural person and is served by substitute service within the State of Wisconsin, the motion shall be supported by a Form CV 2 Affidavit of Substitute Service, or its substantial equivalent, printed on blue paper.
Page 28 | 3.16 Default Judgments
A default judgment motion involving personal service on a corporation or LLC in Wisconsin must include a Form CV 3 affidavit or substantial equivalent on green paper.
If the party against whom judgment is sought is a corporation or limited liability company and is served personally within the State of Wisconsin, the motion shall be supported by a Form CV 3 Affidavit of Personal Service on Corporation or Limited Liability Company, or its substantial equivalent, printed on green paper.
Page 28 | 3.16 Default Judgments
A default judgment motion involving personal service on a natural person in Wisconsin must include a Form CV 1 affidavit or substantial equivalent on green paper.
If the party against whom judgment is sought is a natural person and is served personally within the State of Wisconsin, the motion shall be supported by a Form CV 1 Affidavit of Personal Service, or its substantial equivalent, printed on green paper.
Page 28 | 3.16 Default Judgments
An objection or cross-petition must include proof of service on each appearing represented party through counsel, or directly on an unrepresented party.
Objections and cross-petitions shall be accompanied by proof that the objection has been served upon the attorney of record for each party who has appeared in the proceeding (for example, the petitioner, guardian, trustee, claimant or personal representative) or upon the party if not represented by an attorney.
Page 33 | 3.55 Contested Proceedings
After obtaining a hearing date, the filing party must serve written notice on all interested parties by a Rule 1.13-authorized method and file the original notice and proof of service before the hearing.
Upon securing a date and time for a hearing in a contested proceeding, the party who filed the objection or cross-petition shall serve written notice of the scheduled proceeding upon all interested parties. Service may be accomplished by any method authorized under Rule 1.13 (methods of service). The original notice and proof of ===== PAGE 34 ===== service of the notice shall be filed before the scheduled hearing in the civil/probate branch to which the case is assigned.
Page 33 | 3.55 Contested Proceedings
A defendant outside Milwaukee County may appear in person or by an attorney on the return date, or serve a written answer on the plaintiff's attorney or unrepresented plaintiff and file a copy by the return date.
B. A defendant who does not reside in Milwaukee County may 1.. appear in person or by an attorney on the return date specified in the summons, or 2.. on or before the return date, serve a written answer on the attorney who represents the plaintiff, or on the plaintiff if the plaintiff is not represented by an attorney. A copy of the answer shall be filed on or before the return date.
Page 37 | 3.77 Answering the Small Claims Complaint
A Milwaukee County defendant must appear in person or through an attorney on the summons return date; mail, facsimile, and telephone responses or appearances are prohibited.
A. A defendant who resides in Milwaukee County shall appear in person or by an attorney on the return date specified in the summons. Answering or appearing by mail, by facsimile or by telephone is not permitted.
Page 37 | 3.77 Answering the Small Claims Complaint
Service must comply with Wisconsin Statutes section 799.12, but service by mail is not authorized.
D. Service shall be made pursuant to Sec. 799.12, Wis. Stats., except that service by mail is not authorized.
Page 37 | 3.76 Small Claims Summons
An affidavit of service of the summons must be filed on the return date.
E. An affidavit of service of the summons shall be filed on the return date.
Page 37 | 3.76 Small Claims Summons
A copy of a postconviction motion must be served on the State before filing.
Before filing, a copy of the motion shall be served upon the State.
Page 46 | 4.17 Postconviction Motions
Bail motions must be served and filed in writing at least 48 hours before the scheduled hearing unless the parties agree to shorten the notice period.
Bail motions shall be served and filed in writing at least 48 hours in advance of the scheduled hearing, unless the parties agree to shorten this notice period.
Page 48 | 4.23 Preliminary Hearing Court Rules
The Family Division exception to Rule 1.12 permits petitions under Wis. Stat. §§ 813.12, 813.122, and 813.125 to be filed without first serving the documents covered by Rule 1.12.
Rules 1.1 through 1.29 apply to proceedings in the Family Division except that Rule1.12 requiring service of certain documents before filing does not apply to petitions under Wis. Stat. §§ 813.12 (domestic abuse restraining orders and injunctions), 813.122 (child abuse restraining orders and injunctions)and 813.125 (harassment restraining orders and injunctions).
Page 51 | 5.1 Exceptions to General Rules
The moving party must serve the responding party with the financial-disclosure form or substantial equivalent and instructions for completion and filing at the hearing.
2. The moving party shall serve on the responding party a copy of Supreme Court Form FA-4139 or its substantial equivalent, together with instructions to the responding party to complete the form, provide proof of income as in the preceding subparagraph, and file both at the hearing on the request for a temporary order.
Page 55 | 5.12 Temporary Orders
Parties must serve all documents filed under this rule on the adverse party by a method allowed by Rule 1.13; a nonappearing party served by publication may receive them by mail at the summons mailing address.
F. All documents filed in compliance with this rule shall be served upon the adverse party by any of the means specified in Rule 1.13 (methods of service). A party who has been served by publication and has not appeared or participated in any proceeding may be served with such documents by mail at the address to which the publication summons was mailed.
Page 60 | 5.20
The Order for Pretrial/Order to Appear, Request for Pretrial, and all attachments must be served on every party using a method specified in Rule 1.13.
The Order for Pretrial/Order to Appear shall be served upon all parties by one of the means specified in Rule 1.13 (methods of service), together with a Request for Pretrial (form 11 in the Appendix of Forms) and all attachments to it.
Page 61 | 5.22 Contested Divorce Proceedings
Unless the executed Pretrial Order is served at the conference, the presenting party must serve it on all parties using a method specified in Rule 1.13.
Once the Pretrial Order is executed, and unless it is served on the parties at the pretrial conference, the party who presented the Pretrial Order shall serve it on all parties, by one of the means specified in Rule 1.13 (methods of service).
Page 62 | 5.22 Contested Divorce Proceedings
Before submission for court approval, the judgment document must be served on all parties, the guardian ad litem, and the Department of Child Support Enforcement; represented parties’ attorneys must sign and return the document or file a particularized objection within 10 days, while unrepresented parties are served under Rule 1.9 and the five-day rule.
The judgment document shall be served on all parties, including the guardian ad litem and the Department of Child Support Enforcement, before being submitted for the court’s approval as follows: 1. upon any party represented by an attorney by any of the means specified in Rule 1.9 (methods of service), after which that party’s attorney shall sign the proposed judgment document and return it to the party assigned to submit the judgment document to the court, or, no later than 10 days after service of the judgment document, file a written objection stating with particularity why the proposed judgment document does not conform to the findings made at trial; or 2. upon any party not represented by an attorney by any of the means specified in Rule 1.9 (methods of service) and pursuant to Rule 1.21 (the five-day rule).
Page 64 | 5.26 Preparation of Judgment Document in Contested Divorces
Before serving a motion for review, the requesting party must obtain a hearing date, give notice of that date and time in the motion, and serve all applicable parties by a method authorized under Rule 1.13.
C. Before serving the motion, the party requesting review shall obtain a hearing date from the deputy clerk in the branch to which the case is assigned. The motion shall give notice of the date and time of the hearing on the motion and shall be served by any of the means specified in Rule 1.13 (methods of service). The motion shall be served on all parties, including, if applicable, the guardian ad litem and the Department of Child Support Enforcement.
Page 67 | 5.31
Discovery and motions to reopen must be served on the City at least five days before the hearing unless the court orders otherwise.
3. Motions for discovery and motions to reopen shall be served on the City at least five (5) days prior to the hearing date, unless the court orders otherwise.
Page 79 | 828. MOTION PRACTICE
Filing Fees and Waivers
If the original birth certificate is from Wisconsin, bring a $20 check or money order payable to State of Wis. Vital Records; cash is not accepted.
A check or money order for $20 made payable to “State of Wis. Vital Records” (if original birth certificate is from Wisconsin). No cash.
Page 1 | Steps
Eviction forms must be filed in Room 104 of the Milwaukee County Courthouse, and a court fee must be paid.
File the forms in Room 104 of the Milwaukee County Courthouse, 901 N. 9th Street to pay the court fee.
Page 2 | PREPARING FOR COURT
The Milwaukee County Sheriff's Office fee may be paid by cash, credit card, money order, or cashier's check payable to the Sheriff's Office.
The fee is payable with cash, credit card, money order or cashier’s check made payable to the Milwaukee County Sheriff's Office.
Page 3 | AFTER COURT
A filing fee that varies by case type must be paid, and the documents are filed in Room 104 of the courthouse.
There is also a filing fee that must be paid, which varies by type of case. The fee is paid and the documents are filed in Room 104 of the courthouse.
Page 1 | About Civil Lawsuits
To apply for a fee waiver, complete and notarize the form and bring it with proof of eligibility to Room 609; an approved waiver is valid for 30 days.
Here is the form you need to apply for a waiver of fees. Fill out the form, sign it in front of a Notary Public, and take it and proof of your eligibility (including proof of benefits currently being received, or the most recent month's worth of pay stubs/proof of income) to Room 609 of the Milwaukee County Courthouse for consideration. Once approved, this waiver of fees is good for 30 days.
Page 1 | Other Civil Court Services
The jury fee must be paid by the scheduling deadline or the parties will be deemed to have waived their right to a jury.
On or before _________________________, the jury fee shall be paid or, pursuant to Local Rule 3.9, all parties shall be deemed to have waived their right to a jury.
Civil cases
Page 1 | CIVIL DIVISION SCHEDULING ORDER
Applications for waiver of costs and fees generally must be made in the Chief Judge’s office, except for harassment or domestic abuse restraining-order or injunction cases.
Except in cases in which a person seeks a harassment or domestic abuse restraining order or injunction (which cases are governed by paragraph C.), all applications for waiver of costs and fees under Wis. Stat. § 814.29 shall be made in the office of the Chief Judge.
Page 17 | 1.16 Waiver of Certain Costs and Fees
Fee-waiver applications in harassment or domestic abuse injunction or restraining-order cases must be submitted to the Family Court Commissioner through the Task Force on Family Violence office.
All applications for waiver of costs and fees in cases in which the petitioner seeks a harassment or domestic abuse injunction or restraining order shall be submitted to the Family Court Commissioner through the office of the Task Force on Family Violence.
Page 17 | 1.16 Waiver of Certain Costs and Fees
Required fees for an objection or cross-petition must be paid before or when the filing is made.
All required fees shall be paid before or at the time of filing.
Page 33 | 3.55 Contested Proceedings
Commencement of a small-claims action requires payment of the filing fee before the Clerk issues the approved summons form or payment seal.
An action shall be commenced by the issuance by the Clerk of Circuit Court, upon payment of the filing fee, of a summons form or payment seal for use on a summons form approved by the court.
Page 36 | 3.76 Issuance, Filing and Service of Small Claims Summons and Complaint
A $5.00 judgment filing fee must be paid by cashier’s or certified check or money order payable to the Clerk of Circuit Court, unless the Family Court Commissioner permits payment in cash at the final hearing.
11. A cashier’s or certified check or money order payable to the Clerk of Circuit Court for the judgment filing fee ($5.00), unless the office of the Family Court Commissioner grants permission to the parties to bring the funds in cash to the final hearing.
Page 60 | 5.20
The $5.00 judgment filing fee must be paid by cashier’s check, certified check, or money order payable to the Clerk of Circuit Court.
A cashier’s or certified check or money order payable to the Clerk of Circuit Court for the judgment filing fee ($5.00).
Page 64 | 5.26 Preparation of Judgment Document in Contested Divorces
The Milwaukee County Department of Child Support Enforcement is exempt from the filing fee for judgment-modification motions filed for parties receiving W-2, medical assistance, SSI, or food stamps.
No filing fee shall be charged to the Milwaukee County Department of Child Support Enforcement for filing judgment modification motions on behalf of a party receiving W-2, medical assistance, SSI or food stamps.
Page 66 | 5.28
A request to waive jury or appeal fees must be submitted in writing to the Chief Judge on a municipal-court form when the jury or appeal demand is filed.
All requests for waiver of jury fees or of appeal fees shall be made in writing to the Chief Judge, on a form available at the municipal court, at the time of filing the jury or appeal demand.
Page 80 | 831. WAIVER OF JURY FEES OR APPEAL FEES
A mailed records-search request requires a prepaid $4 fee and a self-addressed, stamped envelope; conducting a search yourself is free.
There is no cost to conduct a search on your own. However, if you mail us a request for a search, a $4 search fee must be pre-paid, and the request must include a self-addressed, stamped envelope.
Page 1 | Genealogy Research
The Register in Probate charges $10 to hold a copy of a will for safekeeping.
The Milwaukee County Register in Probate will hold a copy of your will for safekeeping. There is a $10 fee for this service.
Page 1 | Safekeeping of Wills
To obtain a certified copy of the order, go to Room 207 after the hearing and pay $4.
If you want a certified copy of the order, go to Room 207 following the hearing and pay $4 after the hearing.
Page 1 | Steps
A $20 State of Wisconsin Vital Records filing fee applies if the original birth certificate is from Wisconsin.
$20 State of Wisconsin Vital Records Filing Fee (if original birth certificate is from Wisconsin)
Page 1 | Fees
A fee applies when the Milwaukee County Sheriff's Office is requested to attempt service of eviction papers.
There is a fee for this service.
Page 1 | SERVING THE NOTICE
An attorney seeking a courthouse security pass must apply in person for Chief Judge approval, bring personal identification and a $25.00 check payable to the Milwaukee County Sheriff's Office, and be photographed during designated hours.
To obtain a courthouse security pass, the attorney shall file an application in person for approval by the Chief Judge accompanied by personal identification and a check in the amount of $25.00 made payable to the Milwaukee County Sheriff's Office and be photographed by the Sheriff's Office during designated hours.
Page 2 | 1.28 Courthouse Security Passes
The Chief Judge cannot waive transcript charges or Clerk of Circuit Court photocopy charges.
The Chief Judge is not authorized to waive transcript charges or charges for photocopies made by the Clerk of Circuit Court.
Page 18 | 1.16 Waiver of Certain Costs and Fees
If no party pays the jury fee, all parties waive the right to a jury.
If no party pays the jury fee, the right to a jury is waived by all parties.
Page 25 | 3.9 Payment of Jury Fee
The Clerk may issue earnings garnishment forms upon payment of the appropriate fee, provided the notice is filed no later than 5 business days after service on the garnishee.
B. The Clerk’s office may issue earnings Garnishment forms upon payment of the appropriate fee and prior to the filing of the earnings garnishment notice provided that the earnings garnishment notice is filed with the Clerk’s office no later than 5 business days after the date the garnishee is served.
Page 25 | 3.7 Garnishment
Unless the court orders otherwise, the jury fee must be paid within 30 days after the scheduling order is issued.
Unless the court orders otherwise, the jury fee shall be paid within 30 days after the court issues the scheduling order pursuant to Rule 3.8.
Page 25 | 3.9 Payment of Jury Fee
A jury-trial demand must be timely and proper and the fee must be paid before transfer by tab to a large-claims civil division branch, except eviction actions are transferred to the duty judge for expedited scheduling.
Upon a timely, proper demand for a jury trial under Wis. Stat. § 799.21 and upon payment of the fee, the case shall be transferred by tab to a civil division branch to which large claims civil actions are assigned, except that evictions actions shall be transferred to the duty judge for expedited scheduling.
Page 38 | 3.83 Jury Trial of Small Claims Cases
A certified copy of the adoption order is optional and costs $4.
$4 for certified copy of order for adoption (optional)
Page 1 | Fees
Copies of records cost $1 per page.
The cost to make copies of records is $1 per page.
Page 1 | Genealogy Research
No filing fee is charged for a domestic abuse petition.
There is no filing fee for a domestic abuse petition.
Page 17 | 1.16 Waiver of Certain Costs and Fees
A petitioner whose harassment or domestic abuse fee-waiver application is denied may request review by the Chief Judge.
If the application is denied, petitioner may request review by the Chief Judge.
Page 17 | 1.16 Waiver of Certain Costs and Fees
Sealing & Redaction Procedures
The filing requests judicial redaction of the person's name from the eviction case record.
I am asking the court to redact my name from the eviction case record.
Page 5 | Motion to Seal or Redact Eviction Record
Fifteen days after filing for an e-filing landlord, or fifteen days after the mailing affidavit date for a non-e-filing landlord, a circuit court judge reviews the redaction request and any response and may grant it, deny it, or schedule a hearing.
Fifteen (15) days after the date of filing if the landlord is an e-filer, or fifteen (15) days after the date on the affidavit of mailing evidencing notice to the landlord if the landlord is not an e-filer, a circuit court judge will review the request, as well as any response, and determine whether it is appropriate to grant the request, deny the request, or schedule a hearing on the request.
Page 1 | ADMINISTRATIVE SEAL/REDACTION PROCESS
A tenant may request redaction of the tenant's name by filing a written motion with a supporting declaration explaining the circumstances and reasons for the request, together with notice to the former landlord.
That a tenant may request that their name be redacted by written motion, accompanied by a declaration in support of their request to redact wherein they explain the circumstances relevant to, and the reason for, their request, with notice of such motion to their former landlord;
Page 1 | ADMINISTRATIVE SEAL/REDACTION PROCESS
A motion to seal seeks removal of a tenant's name from Wisconsin public court records.
A motion to seal asks the court to remove a tenant's name from Wisconsin's public court records.
Page 3 | How to Ask to Seal Your Eviction Record without a Hearing
The sealing filing includes a notice and motion to seal or redact the eviction record, a supporting declaration, a response form, an order form, and either a certified-mail receipt or notarized Affidavit of Mailing.
Forms include: a. Notice of Motion and Motion to Seal or Redact Eviction Record b. Declaration in Support of Motion to Seal or Redact Eviction Record c. Plaintiff's Response to Motion to Seal or Redact Eviction Record d. Order on Motion to Seal or Redact Eviction Record e. Certified mail receipt or Affidavit of Mailing form SC-5130V (the Affidavit of Mailing needs to be notarized – this can be done in Room 104)
Page 5 | Step 4: File the eviction sealing forms
A defendant seeking removal of their name from an eviction record must submit a sealing or redaction motion supported by an enclosed declaration identifying the declarant as the defendant.
1. I am asking the court to seal or redact my name from the court record. 2. I am making this request based on the following law and facts: - Please see enclosed Declaration in Support of Motion to Seal or Redact Eviction Record. - I am the defendant in this action.
Page 11 | How to Ask to Seal Your Eviction Record without a Hearing
A pro se tenant may request that the court redact the tenant's name from an eviction case record.
I am asking the court to redact my name from the eviction case record.
Page 7 | Declaration in Support to Seal or Redact Eviction Record
Pre-Motion Conference Requirements
Before filing a motion to compel discovery or a motion seeking permission to serve excess interrogatories, the party must confer in person or by telephone and make a sincere attempt to resolve the issue; the motion must state the conference date and place and identify all participants.
3.22 Meeting and Conferring before Filing Discovery Motions A. Before a party may move to compel discovery, or for permission to serve interrogatories in excess of the limitation stated in Rule 3.20 (limitations on interrogatories), the party shall confer in person or by telephone with the party against whom relief is sought and make a sincere attempt to resolve the issue. B. No motion to compel or for permission to serve interrogatories in excess of the limitation stated in Rule 3.20 will be heard unless the motion demonstrates compliance with this rule, including a statement of the date and place of the conference and the names of all parties participating therein.
Page 29 | 3.22 Meeting and Conferring before Filing Discovery Motions
Adjournment & Extension Requirements
Litigants may not select their own adjourned dates before appearing in court.
2. Litigants can no longer pick their own adjourned dates before coming to court.
Civil cases
Page 1 | SMALL CLAIMS – Scheduling Future Adjourned Court Dates
Courtroom 400 personnel must schedule all future adjourned court dates.
1. All future adjourned court dates will be scheduled by courtroom 400 personnel.
Civil cases
Page 1 | SMALL CLAIMS – Scheduling Future Adjourned Court Dates
Courtroom personnel must adhere to the case-number caps for scheduled time slots.
4. Courtroom personnel will adhere to the case number caps for scheduled time slots.
Civil cases
Page 1 | SMALL CLAIMS – Scheduling Future Adjourned Court Dates
Only the court may reschedule or cancel a scheduled proceeding, and the requesting person or party must give advance notice as soon as reasonably possible to all interested parties.
Scheduled proceedings may not be re-scheduled or canceled except by the court. The person or party requesting the rescheduling or cancellation shall provide notice in advance as soon as reasonably possible to all interested parties, including, without limitation, attorneys, Division of Milwaukee Child Protective Services (DMCPS) representatives, Division of Youth and Family Services (DYFS) human service workers and witnesses.
Page 9 | 6.9 RESCHEDULING
A Track I continuance request must be filed with the assigned deputy register in probate/acting circuit court commissioner, while a Track II request must be filed in the assigned civil/probate branch.
A request for a continuance in a contest assigned to Track I shall be filed with the assigned deputy register in probate/acting circuit court commissioner. B. A request for a continuance in a contest assigned to Track II shall be filed in the civil/probate branch to which the case is assigned.
Page 34 | 3.56 Continuances
Continuance requests are due within 10 days after service of the hearing notice; a later request requires a personal appearance and a showing of good cause, and counsel's agreement alone is insufficient.
Requests for continuance shall be filed within 10 days after service of notice of a scheduled proceeding. If a request for continuance is filed more than 10 days after service of notice of a scheduled proceeding, the request may be granted only upon a personal appearance before the judge or circuit court commissioner and a showing of good cause. Agreement of counsel shall not, of itself, be considered good cause for a continuance.
Page 34 | 3.56 Continuances
When all disputed issues in a contested proceeding are resolved by agreement, the parties may request an earlier court date after notifying all interested parties.
If all issues in dispute in a contested proceeding are resolved in advance by agreement, the parties may request, after notice to all interested parties, that the agreement be scheduled for the court's consideration at an earlier date.
Page 9 | 6.9 RESCHEDULING
Only a judge may grant an adjournment or postponement, and each must set a definite day and time.
Adjournment or postponement of cases may be granted only by the authority of the judge. Each adjournment or postponement of a case shall be to a day and time certain.
Page 78 | 822. ADJOURNMENTS
Courtroom personnel will attempt to accommodate requested adjourned dates when time slots are available.
3. Courtroom personnel will try to accommodate date requests based on time slot availability.
Civil cases
Page 1 | SMALL CLAIMS – Scheduling Future Adjourned Court Dates
Chambers Communication Rules
Fax communication with the court is prohibited unless the court specifically invites it, imposes conditions, and all parties simultaneously receive a copy.
Parties may not communicate with the court by facsimile transmission unless specifically invited by the court, on such terms as the court prescribes, and then only if all parties receive a copy of the transmission simultaneously with delivery of the transmission to the court.
Page 16 | 1.15 Correspondence with the Court by Facsimile and Electronic Mail
Email communication with the court is prohibited unless the court specifically invites it and prescribes conditions; the visible text is incomplete.
Parties may not communicate with the court by electronic mail unless specifically invited by the court, on such terms as the court prescribes, and then only
Page 16 | 1.15 Correspondence with the Court by Facsimile and Electronic Mail
Viewing closed or microfilmed records requires an appointment, which can be scheduled by calling the listed number.
You must make an appointment to view closed or microfilmed records. Call us at (414) 278-4452 to schedule your appointment.
Page 1 | Genealogy Research
For emergency requests, parties must contact the duty judge first, then the Presiding Judge of the Children's Division, and then the other Children's Division judges in reverse Duty Judge schedule order beginning with the most recently assigned judge.
A party making an emergency request to the duty judge shall contact the duty judge first. If the duty judge is not available, the party shall contact the Presiding Judge of the Children’s Division. If the Presiding Judge is not available, the party shall contact the other judges assigned to the Children’s Division in reverse order on the Duty Judge schedule starting with the most recently assigned judge.
Page 76 | 6.10 DUTY JUDGE
Call us (414) 278-4444.
Call us (414) 278-4444.
Page 1 | Safekeeping of Wills