Waukesha County

Civil Court Division
Local Court Rules

Last Revised: April 9, 2019
Effective: May 10, 2019

Rule 1: Case Administration

1.1 Case Filings
1.2 Ex Parte Request for Temporary Restraining Order and/or Temporary Injunction
1.3 Communication with the Court
1.4 Consolidation of Cases
1.5 Submission of proposed order or other document
1.6 Facsimile Transmission of Document to the Court

Rule 2: Discovery

2.1 Form of Response
2.2 Limitation on Interrogatories, Production of Documents and Requests for Admissions 
2.3 Discovery Motion

Rule 3: Motions

3.1 Venue Motion
3.2 Summary Judgment and Other Pretrial Motions
3.3 Limitation on Length of Brief; Citation of Non-Wisconsin Authorities
3.4 Continuance or Adjournment of a Motion Date

Rule 4: Trial Administration

4.1 Payment of Jury Fee
4.2 Adjournment
4.3 Conduct During Trial
4.4 Exhibits

Rule 5: Minor Settlements

5.1 Hearing

Rule 6: Small Claim Case Administration

6.1 Service by Mail
6.2 Written Answer
6.3 Mandatory Mediation
6.4 Jury Demand

Rule 1: Case Administration

1.1 Case Filings

​All documents submitted to the Clerk of Circuit Court shall be hole-punched at the head of the document with a standard two-hole punch. The holes shall be set apart 2 3/4 inches center to center and have a diameter of no less than 9/32 inch.

All documents filed with the Clerk of Circuit Court shall be served on all other parties in the same or equivalent manner as the method of filing to ensure that there is no period of delay between the filing of documents and service of those documents on the parties.

In all residential foreclosure cases, plaintiff shall attach to the summons and complaint a notice of availability of mediation form and a mediation request form. The forms shall be served on all defendants named in the case. The forms shall be made available through the Clerk of Circuit Court.

1.2 Ex Parte Request for Temporary Restraining Order and/or Temporary Injunction

Except for petitions filed under 813.12, 813.122, 813.123, or 813.125, Wis. Stats., any party requesting an ex parte temporary restraining order or temporary injunction shall include a written statement documenting a good faith effort to contact the party sought to be restrained or the party's attorney, if known, prior to the request and inform the party or the party's attorney, if known, of the time such request will be made. The notification requirement may be waived by the court for cause submitted in writing.

In an ex parte proceeding, a lawyer shall inform the court of all material facts known to the lawyer that will enable the court to make an informed decision, whether or not the facts are adverse. Supreme Court Rule 20:3.3(d)​

1.3 Parte Communication with the Court

​Any communication with the court shall be in writing. A copy of such communication shall be provided to all parties and such communication shall indicate the names of those parties.

1.4 Consolidation of Cases

​A consolidation motion shall be filed with the assigned judges affected by the motion.  If the motion is granted and the judge with the higher-numbered case consents in writing, the judge with the lower-numbered case shall retain, hear, and determine the consolidated case.  The consolidated case remains assigned to the judge with the lower-numbered case even if the lower-numbered case is dispoed prior to trial.

When pleadings or communications are filed in a consolidated case, use dual captions and the lower case number.​

​1.5 Submission of proposed order or other document

A party submitting an order or document requested by the court shall copy all parties, and advise if the other parties approve as to form.  The Court in its discretion will hold a proposed order for 10 calendar days unless it is approved as to form.  Party objecting to an order or document shall submit a proposed version with objection.

​​1.6 Facsimile Transmission of Document to the Court

A facsimile document transmitted directly to the court shall be accepted for filing if all the following criteria are met:

(1) The circuit court has a facsimile machine capable or reproducing documents that comply with Supreme Court Rule 72.01 concerning retention of filed documents. Only plain paper facsimile machines currently comply with this requirement;

(2) The circuit court has a facsimile machine physically located within the offices of the Clerk of Circuit Court;

(3) The document does not exceed 15 pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the assigned judge or court commissioner on a case-by-case basis. The party or attorney shall certify that the assigned judge or court commissioner has approved the exception to the 15-page limit;

(4) No filing fee is required;

(5) No additional fee or charge would be required to be paid by the circuit court for accepting or receiving the facsimile document.

Facsimile documents transmitted to a noncourt agency, party, or company for the receipt, transmittal, and delivery to the Clerk of Circuit Court shall be accepted for filing only if the transmission complies with this local rule or has been approved by the assigned judge or court commissioner and certified by the transmitting party or attorney.​

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The Clerk of Circuit Court is not responsible for errors or failures in transmission that result in missing or illegible documents, or times when a Clerk of Circuit Court facsimile machine is not operational for any reason.

Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge or Clerk of Circuit Court.

A copy of a document from the court file shall not be transmitted by facsimile machine without appropriate costs being received in advance.

If a communication or a document is transmitted by facsimile machine, no additional copies may be filed with the Clerk of Circuit Court. The Clerk of Circuit Court shall discard all duplicate papers subsequently received by the Clerk of Circuit Court, assigned judge, or court commissioner. Original documents are to be maintained by the transmitting party or his/her attorney.

A request for a confidential transmission shall be submitted to the Clerk of Circuit Court for approval.

Papers filed by facsimile transmission that are not completely received during regular business hours of the Clerk of Circuit Court's office will be considered filed the next business day.

Rule 2: Discovery

2.1 Form of Response

An objection or answer to an interrogatory, requests to produce a document, and/or requests for admission shall reproduce the request to which it refers.

2.2 Limitation on Interrogatories, Production of Documents and Requests for Admissions

A party shall not serve more than 25 Interrogatories, including sub-parts without prior approval of the court.  Excluded from the limitation are interrogatories inquiring about the names and locations of:  parties, expert witnesses, persons having knowledge of discoverable information, and custodians of discoverable material.

Multiple parties represented by the same attorney shall be deemed one party.  Prior to seeking court approval the party shall make reasonable attempts to consult with the opposing party to reach an agreement, and such effort shall be stated in the motion seeking approval.

2.3 Discovery Motion

A discovery motion must be accompanied by an affidavit by the moving party that, after reasonable attempts to consult with the opposing party to resolve differences, an agreement cannot be reached.

Rule 3: Motions

3.1 Venue Motion

A motion for change of venue shall be accompanied by an affidavit and/or brief setting forth all grounds for transfer. A proposed order transferring venue shall be filed with the motion. The order shall specify which party is responsible for paying the statutory fees.

Any objection to a change of venue shall be filed within ten days after service of the motion upon the objecting party. The objection shall set forth the grounds for opposing transfer. A proposed order denying the motion shall be filed with the objection.

Any party requesting a hearing on a motion for change of venue shall file the request with the motion or objection.

3.2 Summary Judgment and Other Pretrial Motions

Summary judgment and/or other pretrial motions shall be filed in the office of the Clerk of Circuit Court together with any brief, affidavit(s), or other supporting documents. If the moving party does not desire to file a brief, affidavit(s), or other supporting documents, the moving party shall file a statement giving up the right to file a brief, affidavit(s), or other supporting documents.

The responding party shall serve and file a brief, affidavit(s), or other supporting documents, or a written statement giving up the right to do so. If the responding party fails to file within the time limits set for response, a brief, affidavit(s), or other supporting documents, or a written statement giving up the right to do so, it shall be presumed that the responding party has given up the right to do so.

The moving party may serve and file a reply brief, affidavit(s), or other supporting documents.​

The moving party shall obtain a hearing date prior to the service of the motion. The moving party shall send notice of the hearing date to every other party.

Filing deadlines for a brief, affidavit(s), or other supporting documents shall be as set forth in the scheduling order or as otherwise established by the judge or court commissioner. A court order may prescribe a procedure different from this rule.​

A motion, brief, affidavit(s), or other supporting documents not timely filed or served may be disregarded by the judge or court commissioner.​

3.3 Limitation on Length of Brief; Citation of Non-Wisconsin Authorities

Unless prior court approval is obtained, a brief may not exceed the following page limitations, exclusive of pages containing a statement of facts, exhibits, and affidavits:

Moving party principal brief - 25 pages;
Responding party brief - 25 pages;
Moving party reply brief - 10 pages.
A brief in excess of the permitted length may be disregarded by the court.

Copies of non-Wisconsin authorities cited in a brief shall be filed with the Clerk of Circuit Court at the same time as the brief is filed and shall not be included in the page limitations set forth above.

The moving party and the responding party shall include a statement describing the nature of the case, relevant facts, procedural status, and a short conclusion stating the specific relief requested.​

3.4 Continuance or Adjournment of a Motion Date​

Before requesting a continuance or adjournment of a motion date, the party/attorney who has a conflict with the date shall contact every other party/attorney, and thereafter contact the Clerk of Circuit Court's office to schedule a different motion date.​

Rule 4: Trial Administration

4.1 Payment of Jury Fee

Jury demand must be made prior to or at the scheduling conference. Jury fees are due upon making the demand or by the date ordered by the court in the scheduling order. Untimely payment shall constitute a waiver of jury trial.​

4.2 Adjournment

​A request for adjournment of a trial shall be in writing and shall set forth specific reasons.

4.3 Conduct During Trial

Unless otherwise permitted by the court, not more than one attorney for a party shall conduct voir dire, and not more than one attorney for a party shall examine a particular witness and/or argue individual motions or objections related to that witness.​

4.4 Exhibits​

Any large exhibit(s) (charts, models, maps, etc.), deposition transcripts, and physical evidence received at trial may be retained, stored, and kept intact by the party offering the exhibit(s) unless otherwise provided.

Rule 5: Minor Settlements

5.1 Hearing

​Upon hearing a petition for approval of a minor settlement, the minor, his/her attorney and at least one parent shall be in attendance. The judge may dispense with such personal appearances for cause shown, but the judge may require production of other evidence relating to the claim and/or injury.

Rule 6: Small Claims Case Administration

6.1 Service by Mail

Service in any small claims case, other than an eviction case, may be made by mail by leaving the original and necessary copies of the summons and complaint with the Clerk of Circuit Court together with the statutory fee, provided personal service has been attempted and failed, and an affidavit of no personal service is filed with the Clerk of Circuit Court. This procedure only applies to defendants who reside in Waukesha County.

6.2 Written Answer

A defendant shall file a written answer with the Clerk of Circuit Court in a contested small claims case and send a copy of the answer to the plaintiff or plaintiff's attorney. Failure to comply with either requirement may result in judgment against the defendant.​

6.3 Mandatory Mediation

​All Waukesha County contested small claims cases shall proceed through mediation except as set forth below.

The party filing the case shall initiate scheduling of mediation within ten business days of receipt of a Notice of Hearing from the Clerk of Circuit Court. Failure to timely initiate scheduling of mediation may be grounds for dismissal. Cost of mediation will be divided equally between the parties. The parties may use any mutually agreed upon mediator. If the parties cannot mutually agree upon a mediator, the Mediation and Restorative Justice Center shall be used.

Each party shall personally appear at the mediation with or without an attorney. A corporate party may appear by an attorney. The mediation process shall be completed at least ten business days prior to any scheduled contested hearing. Failure to attend mediation may be grounds to grant judgment or dismissal against the offending party. The judge or court commissioner may grant judgment or dismissal upon the court's own motion or upon the motion of a party.

Mediation shall not apply to the first claim for return of rental property in an eviction case. Mediation shall apply to any money claims (e.g. past due rent and/or damage to property, etc.)​

6.4 Jury Demand

All contested small claims cases will proceed to a court hearing before a court commissioner prior to any jury trial.