Civil Unit

CIVIL UNIT CONTACT INFORMATION

              April Higgins  (920) 683-4031


MANDATORY EFILING FOR CV CASES TO BE
IMPLEMENTED MARCH 1, 2017 FOR MANITOWOC COUNTY

-"mandatory e-filing" applies to all attorneys or high volume filers filing 10 or
  more cases per year


- pro se litigants can become voluntary e-filers

- refer to "E-FILING RESOURCES" for more information on becoming an
  e-filer and for
 information and guidelines relevant to efiling

 

APPEALS FOR THE WISCONSIN CIRCUIT COURTS

The Supreme Court Clerk has prepared a handbook which outlines the basic rules and procedures for the Wisconsin Circuit Court of Appeals. This handbook pertains to civil, small claims and criminal appeals.

Citizens Guide to Filing an Appeal
A manual for filing an appeal to the Wisconsin Court of Appeals (Rev. 8/2015)
(Note: page 35 of the manual has direct links to each form).

Appellate Forms
Link for the required forms for filing an Appeal in the Wisconsin Court of Appeals.

Wisconsin Supreme Court and Court of Appeals
Website for contact information and FAQ.

Did you know that you can monitor the status of a Court of Appeals case online?  Simply go to Court of Appeals, click "I Agree", enter the Court of Appeals case number, then click "Search."

Municipal Court Appeals & Administrative Review Appeals
-check and request would be filed in paper
-attorneys can opt in
-municipal clerk could upload file as a non-party filer

CIVIL BENCH WARRANT

Instructions
Instructions for application for a Civil Bench Warrant.
Affidavit
Affidavit in Support of request for Civil Bench Warrant.

CONSTRUCTION LIEN FORMS

The Manitowoc County Clerk of Court has the following construction lien forms available for purchase ($1.25 per page).  Copies of the forms can be viewed in a "Construction Lien Forms" binder in the Clerk of Court Lobby. 

  • Form 769 -  Prime Contractor Notice of Lien Rights
  • Form 770 -  Prime Contractor Notice of Intention to File Claim for Lien (30-Day Notice)
  • Form 771 -  Prime Contractor Claim for Lien (2 pages)
  • Form 772 -  Subcontractor Identification Notice (60-Day Notice)
  • Form 773 -  Subcontractor Notice of Intention to File Claim for Lien
  • Form 774 -  Subcontractor Claim for Lien (2 pages)
  • Form 781 -  Full Satisfaction of Claim for Lien
  • Form 782 -  Partial Satisfaction of Claim for Lien
  • Form 1362 - Waiver of Lien

NOTICE:  These forms are made available as a convenience to you.  We cannot provide any guidance or legal advice regarding which notice you should use….you need to make that determination based on your specific situation.

"Construction Liens Made Easy" (a manual for Wisconsin contractors) by Attorney Richard W. Westring available for viewing in Clerk of Court office

DISCOVERY DOCUMENTS

Pursuant to s.804.01(6)(a), Wis. Stats., as to Custody of Discovery Documents, "Unless the court in any action orders otherwise the original copies of all depositions, interrogatories, requests for admission and responses thereto, and other discovery documentation shall be retained by the party who initiated the discovery or that party's attorney."

FORECLOSURE MEDIATION

Procedure
Local Court Rule 4.03- Mortgage Foreclosure Procedure.
Application
Application to Request Foreclosure Mediation (to be completed within 30 days of service of foreclosure summons and complaint).
Notice of Availability
Description of the Manitowoc County Foreclosure Mediation Program.

INTERPRETERS

If you need an interpreter, you need to advise the Clerk of Court office prior to your scheduled hearing, so arrangements can be made to have an interpreter available for your hearing, or you can complete an Interpreter Request and submit it to the Clerk of Court prior to your scheduled hearing.  

The Clerk of Court also has a bilingual Counter Clerk who speaks limited Spanish, who is available to assist our Spanish speaking community either in person or by telephone. 

One of our contracted Spanish interpreters has simultaneous interpreting equipment available upon request to provide simultaneous Spanish interpreting for multiple parties at once (i.e. defendant and other family members).  The equipment involves the interpreter wearing a headset microphone while the Spanish speaker would wear ear buds or an external ear piece connected to a receiver, which has volume controls.
 

PRO HAC VICE ADMISSION

Pro hac vice refers to a lawyer who has not been admitted to practice in a particular jurisdiction but who is admitted there temporarily for the purpose of conducting a particular case.  See wicourts.gov for questions and answers pertaining primarily to the filing of the required pro hac vice application and the application fee payable to the Wisconsin Office of Lawyer Regulation (OLR).

PUBLICATION (HERALD TIMES REPORTER)

Gannett Newspapers publishes the Herald Times Reporter, a daily newspaper distributed in Manitowoc County.  The Manitowoc office for the Herald Times Reporter has now closed.  To publish legal notices, you need to scan and email the document to:  legals@htrnews.com or you can fax it to 877-943-0443.  Your email must include complete contact information, including your name, address, phone number, email address and/or fax number.  All payment arrangements need to be made directly with Gannett.  You can contact the Herald Times Reporter at (920)684-4433 for further assistance.
 

REDOCKET JUDGMENT (EXTEND A LIEN)

An action on a judgment of a court of record must be commenced within 20 years after the judgment is entered, or be barred.  For 10 years from the date of entry into the judgment and lien docket, every judgment properly entered in the judgment and lien docket is a lien on all real property of the person(s) against whom the judgment is entered, in the county where the judgment is rendered [Wis. Stat. 806.15(1)].  When a lien has exceeded, or is about to exceed the 10-year period, the creditor can bring an action to extend or "redocket" the lien for a second 10-year period.

A judgment cannot be redocketed without:  (1) The Court's leave; (2) Good cause shown; (3) Notice to the adverse party [Wis. Stat. 806.23].

Redocketing does not change the original judgment date or give the creditor a second judgment, it only gives them a second 10-year docketing period.  A judgment can be redocketed for a second 10-year lien period, but the redocketed judgment period cannot exceed the 20-year period from the initial entry of judgment.  For example, if a creditor filed a motion to redocket 15 years after the original entry of judgment, then the creditor's redocketed lien would only be good for 5 years, since action on the judgment would expire at 20 years.

SATISFACTION OF JUDGMENT RESOURCES

Satisfaction of Judgment (GF-129)

Satisfaction of Judgment by Court Order  pursuant to Wis. Stats 806.19(3); (Manitowoc County forms)
-Certificate of Receipt (receipt of funds by Clerk of Court to satisfy judgment)
-Order for Satisfaction of Judgmen(court order satisfying judgment)  

Court May Direct Satisfaction; Refusal to Satisfy (Wis. Stats. 806.20)
(1) When a judgment has been fully paid but not satisfied or the satisfaction has been lost,
the trial court may authorize the attorney of the judgment creditor to satisfy the judgment or
may by order declare the judgment satisfied and direct satisfaction to be entered upon the
judgment and lien docket.  (no forms available...party must prepare a petition to the court
stating the basis for requesting the court to satisfy the judgment pursuant to Wis. Stats. 806.20)


Satisfaction Due to Discharge in Bankruptcy (Manitowoc County instructions and forms); used to satisfy judgments listed in bankruptcy petition upon discharge

TEMPORARY RESTRAINING ORDERS

Stop in at the Clerk of Court Office for assistance with filing a temporary restraining order.  You will need to determine which kind of restraining order you want to file........domestic abuse, child abuse, individual at risk or harassment.  If you're not sure, you can refer to Restraining Orders in Wisconsin  to help you decide.  The Clerk of Court Office will provide you with the petition for the type of restraining order you are requesting, however they cannot tell you which one you should file...you will need to make that determination on your own.  Clerk of Court staff is prohibited from giving legal advice.  

You will need to include the name, address, date of birth and personal identifying information (approximate weight, height, hair color, eye color, tattoos, etc.) of the person you want to file a restraining order against.  You will also need to complete a Statement of Factual Basis, which summarizes and describes the actions which have taken place, in support of your petition for a restraining order.  This is the most time consuming part of filing a restraining order.  Having your Statement of Factual Basis ready at the time of filing will make the process go much faster.  Tips/guidelines for preparing your statement of facts.

Your petition will be presented to a court commissioner or judge for review.  If your petition is approved, a court date will be scheduled for the injunction hearing within 14 days of issuance of the restraining order.  You need to appear in person at the injunction hearing or the case will be dismissed.  The respondent will be served with the temporary restraining order and will be ordered to appear at the injunction hearing.  

If an injunction is issued, the Court may order the respondent to surrender firearms.  All firearms surrenders will occur through the Manitowoc County Sheriff's Office.

What is the difference between a restraining order and an injunction?  Both are court orders requiring someone to stop engaging in some activity.  A temporary restraining order is issued on an emergency basis for a short period of time until a hearing can be held on issuance of an injunction, which is held within 14 days after the temporary restraining order is issued.  A injunction is a more permanent court order, issued for up to 4 years after a court hearing.

There is no filing fee for a domestic abuse, child abuse or individual at risk restraining orders.  There may be a filing fee of $164.50 for harassment restraining orders unless the alleged conduct meet the definition of stalking or domestic abuse behavior, affecting personal safety.   If you feel you are indigent and unable to pay the filing fee, you may complete a Petition for Waiver of Fees and Costs, requesting the Court to waive the filing fee.  You should also present and Order on Petition Waiving Fees and Costs for the Court's signature.

It takes at least 30 minutes to process a completed restraining order, which depends upon availability of the court commissioner or judge who will be reviewing and then either approving or denying your petition for temporary restraining order, and the ability to obtain a court date for the injunction hearing from the court official's calendar.  We will make every effort to accommodate you during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on Monday and 8:30 a.m. to 4:30 p.m. Tuesday through Friday, holidays excepted.  If there is not sufficient time to complete your filing by the end of the normal business day, then your filing will have to be completed on the next business day.

The Court may appoint a guardian ad litem (GAL) in certain temporary restraining orders and injunctions:
Harassment TRO:  (1)  if petitioner is a minor or (2) if respondent is a child 
Child Abuse TRO:  (1)  if petitioner is not the child (if another person files on behalf of child victim),
     (2) if petitioner is the child (a child can petition on behalf of  themselves as a child victim) or
     (3) if respondent is a parent of the child victim
Individual at Risk TRO:  (1) if petitioner is not the individual at risk (if another person files on behalf
     of an individual at risk; or (2) generally for any individual at risk, if the court believes it is appropriate
     to do so, but it is not required unless the person petitioning is not the individual at risk.

Petition for Temporary Restraining Order - Domestic Abuse (CV-402)
Petition for Temporary Restraining Order - Child Abuse (CV-412)
Petition for Temporary Restraining Order - Individual at Risk (CV-428)
Petition for Temporary Restraining Order - Harassment (CV-405)
Petition in Juvenile Court for Temporary Restraining Order -  Child Abuse (JC-1690) for use when
respondent is a child or if there is a pending CHIPS action involving the child victim.  

Petition in Juvenile Court for Temporary Restraining Order - Harassment (JC-1693) for use when
respondent is a child or if there is a pending CHIPS action involving the child victim. 

Statement of Factual Basis (1 page) Manitowoc County form
Statement of Factual Basis (2 pages) Manitowoc County form

Petition and Waiver of Fees and Costs/Affidavit of Indigency (CV-410A); submit Petition and Order 
Order on Petition for Waiver of Fees and Costs (CV-410B)

Motion for DeNovo Hearing on a Temporary Restraining Order or Injunction (CV-503) to request
a new hearing before a judge on a decision made by a court commissioner

SAFE AT HOME

Effective April 1, 2017, 2015 WI Act 356 creates Safe at Home, a new address confidentiality program
administered by the Wisconsin Department of Justice, Office of Crime Victim Services.  The program
provides victims of abuse with a legal substitute address to be used for both public and private purposes,
including filing with the court.  The intent of Safe at Home is to allow those who fear for their safety to
maintain a private, confidential home, work or school address. 

Individuals wishing to participate in the program need to apply directly to Safe at Home.  There is no
fee to apply. [Wis. Stats. 165.68(3)(a)]  Information regarding the application process can be found at
Safe at Home.

Safe at Home Contact Information:
Phone:  (608) 266-6613
Email:  safeathome@doj.state.wi.us
Website:  https://www.doj.state.wi.us/ocvs/safe-home

TEXT MESSAGE REMINDERS

You can now sign up to receive text message reminders for upcoming court hearings. 
Drop off or mail completed form to Clerk of Court office.
           ·Messages will be sent at 6:00 p.m. two days prior to any scheduled court activity
           ·Messages will not be sent on holidays or weekends
           ·Ad Hoc messaging can be done by court staff to advise parties of cancellations
           ·Text messages are supplemental notifications, provided as a convenience for customers
             who elect the service

VITAL RECORDS RESOURCES

Amending a Wisconsin Birth Certificate
Instructions, petition and order to amend a Wisconsin birth certificate.
Instructions
Petition
Order

Amending a Wisconsin Death Certificate
Instructions, petition and order to amend a Wisconsin death certificate.
Instructions
Petition
Order

Wisconsin Vital Records Services
Frequently Asked Questions About Birth/Death/Marriage/Divorce/Annulment/Domestic Partnership Records

FORMS / DOCUMENTS / PROCEDURES

Recommended Guidelines for Court Exhibits (Manitowoc County policy)
Informational resource to provide direction for effectively managing court exhibits at trial

Petition and Waiver of Fees and Costs/Affidavit of Indigency (CV-410A); submit Petition and Order 
Order on Petition for Waiver of Fees and Costs (CV-410B)

Motion for DeNovo Hearing on a Temporary Restraining Order or Injunction (CV-503) to request a new hearing before a judge on a decision made by a court commissioner

Construction Lien Information (Manitowoc County procedural information and order form)

Interest Rates on Civil Judgments (chart)

Municipal Utility Liens  (Manitowoc County sample lien form)

Name Change  (forms and procedural information)

Mistaken Identity (GF-182) 

Certification by Prosecuting Agency Verifying Mistaken Identity  (GF-185) 

Correct Error in Court Records  (GF-184) 

Remove Address from On-line Records (GF-183)

Poverty Guidelines for Earnings  (CV-427)

Directory of Wisconsin Sheriffs (2015-2018)

Process Service Information  (Manitowoc County Sheriff and local private process service agency information)

Petition and Order to Redocket Judgment (Manitowoc County forms) pursuant to Wis. Stats. 806.23, to request leave to bring action on judgment, to renew judgment and preserve rights to execution on judgment

Subpoena (GF-126A)
Certificate of Appearance (Subpoena) (GF-126B)

Foreign Subpoena (GF-127A)
Certificate of Appearance (Foreign Subpoena) (GF-127B)

More Civil Forms (wicourts.gov) forms are available in both PDF and Word format; also view Form Summaries for brief description of purpose and use of the form.

LINKS

Manitowoc County Local Court Rules for county specific civil procedure information

Manitowoc County Sheriff's Sales
Listing of Manitowoc County foreclosure properties scheduled for Sheriff's Sale.  Sheriff's Sales are conducted on Tuesdays as scheduled, commencing at 9:30 a.m., on the first floor near the center staircase of the Manitowoc County Courthouse, at 1010 S.8th Street, Manitowoc, Wisconsin.  Historical sales information also available.

Restraining Orders in Wisconsin (publication)

VINE - Victim Information and Notification for TROs
Instructions:  (1) Click on state; (2) Click on the "Search" tab (you can search for offender or court case information by entering the offender name or identification number); (3) Register for notification (select the method of notification, create a PIN, then click "continue"); (4) Click "Register" to complete. You will now be registered to receive notification when an offender's custody status or court event changes.

Wisconsin Municipal Guide (contact information for municipalities by county, select state and regional contacts, and contact information for Wisconsin State Assembly, State Senate and Congress)

TRO Brochures are available at N/C in the Clerk of Court office (Harassment, Child Abuse, Domestic Abuse)