Milwaukee County Circuit Court Service and Proof of Service Rules

CRITICAL

Deadline

48 hours

Applies to

Bail motion

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.

CRITICAL

Applies to

Default judgment motion

Service

Publication

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.

CRITICAL

Service

Mail

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

CRITICAL

Applies to

Written answer

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.

CRITICALCivil cases

Applies to

Witness and damages disclosure

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:

CRITICAL

Applies to

Pretrial order

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.

CRITICAL

Applies to

Eviction sealing documents

Service

Electronic service

When the landlord e-files, the landlord is served upon filing and no mailed copy is required.

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.

CRITICAL

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.

CRITICAL

Applies to

Notice to vacate

Service

Personal service to opposing party

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.

CRITICAL

Applies to

Notice to vacate

Service

Mail to opposing party

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.

CRITICAL

The papers may not be served by mail.

You may not mail the papers.

CRITICAL

Service

Mail

Regular-mail service requires a copy of the paperwork, a completed Affidavit of Mailing, and filing the affidavit in Room 409.

Send them a copy of the paperwork by regular mail. Complete an Affidavit of Mailing and file it in Room 409 of the courthouse.

CRITICAL

Service

Personal service to opposing party

After filing, the defendant must be personally served.

Once you file, you must have the defendant personally served.

CRITICAL

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.

CRITICAL

Applies to

Affidavit of mailing

Service

Mail

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.

CRITICAL

Applies to

Summons complaint or landlord tenant notice

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.

CRITICAL

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.

CRITICAL

Service

Mail

If the case was not initiated through electronic filing, the pro se defendant must mail the landlord a copy of the motion.

3. 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

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Financial disclosure

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.

CRITICALCivil cases

Applies to

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.

CRITICAL

Applies to

Summons and complaint

Service

Personal service to opposing party

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.

CRITICAL

Applies to

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.

CRITICAL

Applies to

Notice of scheduled proceeding

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.

CRITICAL

Applies to

Summons

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.

CRITICAL

Service

Personal service to opposing party

A plaintiff may not personally serve the defendant themselves.

You may not serve the defendant yourself.

CRITICAL

Applies to

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.

CRITICAL

Applies to

Petition

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).

CRITICAL

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.

CRITICAL

Applies to

Motion

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.

CRITICAL

Applies to

Default judgment motion

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.

CRITICAL

Applies to

Summons and complaint

Service

Personal service to opposing party

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.

CRITICAL

Applies to

Postconviction motion

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.

CRITICAL

A motion to seal may be denied if the opposing party was not served or good cause is not demonstrated.

☐ 2. Motion to seal denied for failure to: ☐ Serve opposing party ☐ Demonstrate good cause ☐ Other: ____

CRITICAL

Applies to

Default judgment motion

Service

Personal service

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of motion

When the landlord is an e-filer, notice of the redaction motion is automatically provided upon filing; when the landlord is not an e-filer, the tenant must mail the notice to the landlord.

if the landlord is an e-filer, they will automatically receive the notice of such motion once it is filed, but if the landlord is not an e-filer, the tenant must send notice of such motion to the landlord via U.S. Mail.

CRITICAL

Applies to

Pretrial order

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).

CRITICAL

Applies to

Motion

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.

CRITICAL

Applies to

Motion to seal

Service

Mail to opposing party

The declarant states under oath that they placed copies of the checked motion and other listed document in an envelope.

UNDER OATH, I STATE: I placed in an envelope a copy of the following documents: ☐ Authenticated Copy of the Summons and Complaint ☑ Motion: NOTICE OF MOTION AND MOTION TO SEAL ☑ Other: PLAINTIFF'S RESPONSE TO MOTION TO SEAL OR REDACT EVICTION RECORD

CRITICAL

Applies to

Petition motion or request

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.

CRITICAL

Applies to

Eviction sealing forms

Service

Mail to opposing party

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.

CRITICAL

Applies to

Notice

Service

Mail to opposing party

The Sheriff's Office must mail notice to the tenant.

The Sheriff’s Office will then mail the tenant a notice.

CRITICAL

Applies to

Motion

Service

Mail to opposing party

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

CRITICAL

Service

Mail

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.

CRITICAL

Applies to

Judgment document

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).

CRITICAL

Applies to

Notice to vacate

Service

Mail to opposing party

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.

CRITICAL

Service

Electronic service

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.

CRITICAL

Applies to

Default judgment motion

Service

Personal service

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.

WARNING

Applies to

Summons and complaint

Service

Publication to opposing party

If the tenant cannot be found, service by publication may be used, normally through the Daily Reporter newspaper.

If you cannot find the tenant, you can have the information published, normally in the “Daily Reporter” newspaper

WARNING

Applies to

Motion to seal

Failure to serve the opposing party is a stated basis for denying a motion to seal or redact an eviction record.

☐ Serve opposing party

WARNING

Service

Personal service

Unless another governing source provides otherwise, service may be made personally, by mail, by facsimile, or by email, but facsimile and email service must be supplemented by mailing a copy the same day.

Unless otherwise required by statute, these rules or court order, copies may be served by personal delivery, by mail, or by facsimile or electronic mail transmission, provided that a copy of the document also is mailed on the same day as the facsimile or electronic mail transmission.

WARNING

Applies to

Pretrial order

Service

Personal service to all parties

If service of the summons and petition is questionable, the court may order personal service of the pretrial documents under Wisconsin law.

If the validity of service of the summons and petition is questionable, the court may order that the Order for Pretrial/Order to Appear and Request for Pretrial be served personally pursuant to Wis. Stat. § 801.11.

WARNING

Applies to

Inmate funeral or wake attendance form

The court will not consider an inmate’s funeral or wake attendance request unless the inmate completes and files the required form and serves a copy on the Sheriff.

The court will not consider a request to attend a funeral or wake by an inmate of the Criminal Justice Facility or at the House of Correction unless the inmate completes the form required by the Clerk of Court, files the form and serves a copy upon the Sheriff.

WARNING

Applies to

Sealing order

The sealing order is distributed to the court and the parties.

DISTRIBUTION: 1. Court 2. Parties

WARNING

Applies to

Eviction papers

The Milwaukee County Sheriff's Office may be requested through the Civil Process Division to attempt service of eviction papers, and a fee applies.

Request Milwaukee County Sheriff's Office via a Civil Process Division to attempt service of the evictions papers. There is a fee for this service.

WARNING

Applies to

Motion

If the court doubts that an adverse party was probably served with the motion, it may order service on that party under Wis. Stat. § 801.11.

If the court has reason to doubt that an adverse party probably was served with motion, the court may order the party to serve the adverse party pursuant to Wis. Stat. § 801.11.

WARNING

Applies to

Motion

The moving party must promptly notify the court and all parties when a scheduled motion is resolved or withdrawn before the hearing.

E. Whenever any scheduled motion is resolved or withdrawn before it is heard, the moving party promptly shall so advise the court and all parties.

INFO

Service of objections and cross-petitions may be made by any method authorized under Rule 1.13.

Service may be accomplished by any method authorized under Rule 1.13 (methods of service).