Juvenile Court Division
Local Court Rules

Documents will be accepted for in person filing at the Juvenile Court Office (521 Riverview Avenue, Waukesha, WI 53188 - not the main courthouse) between 8:00 AM and up to 4:30 PM, Monday through Friday, excluding holidays observed by Waukesha County

1.2 Electronic Filing

A. Except as otherwise provided herein, parties must comply with Wis. Stat. §801.16 and §801.18 regarding case filing and electronic filing procedures. The Clerk of Circuit Court does NOT accept filings sent by email.

B. The filing party is responsible for serving a copy of the document upon all parties to the matter, or their attorneys of record, additionally if there is Waukesha County Department of Health and Human Services involvement they are also to be served- they do not have access to the eFiling system. EFiling a document electronically will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules. Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. §801.14. Service on parties should be accomplished in a manner that ensures to the extent possible that there is no period of delay between the filing of documents and service of those documents on the parties.

1.3 Communication with the Court

Any communication with the Court must be in writing, provided to all parties, and clearly identify the names of the parties or counsel copied on the communication.

1.4 Affidavit of Indigency

A. Shall be completed by the party seeking to waive fees due to financial inability to pay.

B. Fees can only be waived if approved by the Judge.

C. Forms are available in the Juvenile Court Clerk's office.

1.5 Forms

Only forms adopted under the authority of, Wis. Stat. §758.18 or approved by the Juvenile Court may be used.

Rule 2: Procedure

2.1 One Family/One Judge

When more than one case involving one or more of the same parties is scheduled for proceedings in the Juvenile Division, the cases may be reassigned according to the “One Family/One Judge” model of decision making so that, to the greatest degree reasonably possible, cases involving siblings may be heard together.

2.2 Appearances

A. Minor must appear with a parent, guardian, or legal custodian in a Delinquency or JIPS proceeding;

B. In a Chapter 48 CHIPS both parents, guardian or legal custodian, and the GAL are required to appear, and the appearance of minor is discretionary.

2.3 Detention Hearings

A. Detention hearings are held Monday through Friday before the Court. All parties are expected to meet and/or communicate with the assigned worker from DHHS prior to the hearing.

B. Anyone requesting a detention hearing or a further review hearing must request the hearing telephonically or in writing no later than 10:00 a.m. on the date of the hearing.

2.4 Pre-Trial Conference

An informal meeting between all parties to address the rights of the parties, possible resolution, as well as further scheduling of the matter. All parties must attend the pre trial either in person or if necessary by telephone, unless represented by an attorney.

2.5 Motions

A. All Motions must be filed in writing, unless exempted by the Juvenile Court, and scheduled with the Juvenile Court.

B. All motions must state the relief sought, and the legal and factual basis.

C. The movant is responsible for serving a copy of the document upon all parties to the matter, their attorneys of record, and anyone else required by statute. Additionally if there is Waukesha County Department of Health and Human Services involvement they are also to be served.

2.6 Discovery

A. An objection or answer to an interrogatory, request to produce a document, or request for admission must reproduce the request to which it refers. Absent good cause or written agreement by the parties, objections not timely made to any discovery request are waived.

B. All discovery documents not filed with the assigned judge pursuant to Wis. Stats §804.01(6) shall be served on all other counsel of record and/or parties not represented by counsel of record and shall contain proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service.

C. Limitation on Interrogatories

1. No party may serve more than a total of 35 interrogatories in any case upon any other party without the prior order of the Court. For the purpose of computing the number of interrogatories served:

A. Each subpart of an interrogatory shall be construed as one interrogatory;

B. Parties represented by the same attorney or law firm shall be regarded as one party;

C. Interrogatories inquiring about the names and location of parties, expert witnesses, and other persons having knowledge of discoverable information, or about the existence, location, or custodian of documents or physical evidence shall not be counted toward the 35-interrogatory limit.

2. If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the Court for permission to serve additional interrogatories. The motion shall show the necessity for the relief requested.

3. The Court may not compel a party to answer any interrogatories served in violation of this rule.

D. Discovery Motions

All motions to compel discovery or production of documents pursuant to Wis. Stats. §804, or any motion to serve additional interrogatories pursuant to Rule 3.3 must be accompanied by an affidavit by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

E. Completion of Discovery

Completion of discovery means that discovery [including the use of depositions to preserve testimony for trial] shall be scheduled to allow depositions to be taken, interrogatories and requests for admissions to be answered, and documents to be produced in accordance with the time limits contained Wis. Stats. §804, and prior to the date for completion of discovery contained in the scheduling order.

2.7 Exhibits

A. Mandatory/Voluntary eFilers: Unless otherwise ordered by the Court, all exhibits shall be eFiled prior to a hearing via the File Exhibit link in the Circuit Court eFiling system.

B. Paper Filers: Unless otherwise ordered by the Court, all exhibits shall be received by the Court no later than 48 hours before the beginning of the hearing.

C. It is the responsibility of the parties to display exhibits using the Court’s audio/visual technology. Court staff will not play any type of media or otherwise connect any technology to courtroom computers. Please refer to our Court Technology AV Guide with information as to built-in presentation technology.

D. The Clerk of Circuit Court must maintain a complete and accurate electronic or digital copy of all evidence received at trial and, unless otherwise ordered by the Court, the offering party is responsible for producing all exhibits in electronic form. The Court in its discretion may order that originals of any exhibit, including, but not limited to, large exhibit(s) (charts, models, maps, etc.), original deposition transcripts, and non-documentary physical evidence received at trial be maintained in the condition filed by the party offering the exhibit(s) or by some other person or vendor.

2.8 Jury Trials

A. Requests for cancellation must be made 48 hours prior to jury date;

B. No adjournments will be granted except for cause;

C. Costs for jurors may be assessed if jury is settled after jurors have arrived.

D. The jury fee must be paid within 10 days of the period of time permitted to demand a jury trial or as set by the Court. Untimely payment may constitute a waiver of jury trial.

2.9 Petitions for Extension

Must be filed at least 30 days prior to the date the order expires.

2.10 Facsimile Transmission of Documents to the Court

A. Based on Supreme Court Order, facsimiles exceeding fifteen (15) pages per document, excluding the cover sheet, will not be accepted for filing unless the Juvenile Court Judge or Clerk of Juvenile Court authorizes more pages. A charge will apply.

B. If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Juvenile Court office for filing. Original documents are to be maintained by the signing party or their attorney.

C. The Clerk of Juvenile Courts facsimile machine will be operational during regular county business hours: Monday through Friday, 8:00 AM to 4:30 PM. Papers filed by facsimile transmission are considered filed when transmitted, except that papers filed by facsimile transmission completed after regular county business hours of the Clerk of Juvenile Court office are considered filed the next business day.

EXCEPTION: Those time limits which are covered by statute.

2.11 Telephone/Video Appearances/Testimony

Telephone or video appearances must be requested in writing and approved by the Court.

A. The Court, in its discretion, may utilize videoconferencing or telephone conferencing in lieu of in-person appearances. The Notice of Hearing will state whether a hearing is scheduled to occur via video or telephone conferencing. The Juvenile Clerk of Circuit Court will maintain a working online calendar of remote meeting login IDs and passcodes for each Court, which may be shared with court partners, but will not otherwise be publicly circulated.

B. If the hearing is to be in person, a request to appear via zoom or telephone must be eFiled and granted by the Court, unless previously approved by a court official on the record. Placement providers only are granted the option to appear by zoom, unless they are providing testimony. Zoom information may be provided without Court approval. The social worker, or the petitioner, must notify the Court before the case is called if someone will be appearing by Zoom.

C. Remote hearings are formal court proceedings, and participants are subject to contempt of court for non-compliance with Court rules. All parties must dress and conduct themselves as if physically present in the courtroom. Parties must appear by both video and audio means unless otherwise approved by the Court. Parties, witnesses and attorneys must display their full first and last name electronically so that the Court can clearly identify each participant. Parties are responsible for ensuring appropriate lighting and audio during the hearing, and that there are no inappropriate backgrounds or distractions. Any recording of a remote hearing, other than by the court reporter or official court audio recording system is prohibited.

D. GF-308 provides further instructions for how to appear remotely.

2.12 Adjournment Requests

A. An adjournment request must be in writing to the court with a copy all parties. Any objection to the adjournment request must be in writing.

B. A written request for an adjournment does not adjourn the proceeding. Only the court has the authority to grant an adjournment request and all parties must wait for the final decision from the court before cancelling witnesses or being excused from the scheduled court date.

2.13 Interpreters

Unless noted on the petition, if a party or witness needs the assistance of an interpreter for a hearing, state form GF-149 Interpreter Request must be filed with the Court sufficiently in advance of the hearing.

Rule 3: Appointment of Guardian Ad Litem/Advocate Counsel

3.1 Eligibility

Guardians ad Litem and Advocate Counsel in Juvenile Court must complete the Waukesha County Circuit Courts Court Appointed Counsel Appointment and Compensation Agreement.

3.2 Appearances

From the date of appointment until the date of discharge, the Guardian ad Litem/Advocate counsel shall attend all juvenile court appearances.

3.3 Interim and Final Bills

The Guardian ad Litem or Advocate Counsel must submit interim bills no more frequently than quarterly. Final bills must be submitted within 30 days of discharge. All bills must be accompanied by an affidavit of payment form.

3.4 Requests for DHHS Records

In order to comply with HIPAA, requests for Department of Health and Human Services records in Juvenile matters Guardian ad Litem or Advocate Counsel are required to provide a copy of the Order Appointing GAL/Advocate Counsel to the Department before they will share any verbal or written information with you.

Rule 4: Confidentiality of Court Records

4.1 General Rule

Inspection and copying of records relating to a child developed under §48 and §938, and records of the Court exercising jurisdiction under §48 and §938 may occur only as authorized under §48 and §938, Wis. Stats. or this rule.

4.2 Attorney Exception

Counsel of record for the parties and the GAL may inspect and copy relevant records in the file(s) in which they appear. Records include Psychological/AODA Evaluations, Court Reports, Social Histories, Education Plans and Memorandums, which shall be reviewed with clients. However, such records are not to be given to the parties without Court approval.

4.3 Unrepresented Parties

Unrepresented parties or authorized party may review the contents of their court file or the file subject to an authorization under Wis. Stats. §48.396(2) and §938.396(2).

4.4 Media

Media access is governed by rules established by the Judge of Juvenile Court.

Rule 5: Health and Human Services Reports

5.1 Report Preparation

A designated representative of the Department of Health and Human Services shall prepare a Court Report in accordance with the mandates of Wis. Stats. §48 and §938.

5.2 Consent Decrees

If a Consent Decree is requested, a Court Report shall be filed by the Department.

5.3 Filing Deadline

Dispositional reports prepared by the Department will be filed with the Court 72 hours prior to the scheduled dispositional hearing, or as dictated by statute.

5.4 Availability of Reports

No Court Report shall be released to a child, parent, the media, or others, without authorization of the Juvenile Court. However, contents of the report may be shared and discussed between counsel and client(s). This also applies to reports for Court ordered evaluations and/or assessments not conducted by DHHS.

5.5 Parental Review

Unrepresented parents in JIPS/CHIPS proceedings may view the Court Report in the Juvenile Court Clerk's Office prior to the scheduled dispositional hearing.

5.6 Additional Disposition Information

Any party may submit material to the Court, with copies given to all the parties.

Rule 6: Termination of Parental Rights (TPR)

6.1 Guideline Packets

Forms and general instructions may be obtained through the Juvenile Court Clerk's office, the Wisconsin Court System, or Waukesha County.

6.2 GAL Deposit

A Petitioner other than Waukesha County, or the State of Wisconsin, shall pay a $500 deposit determined by the Court to the Clerk of the Juvenile Court as an initial deposit for GAL fees at the filing of the TPR.

6.3 Filing After Birth

Filings are only permitted after birth.

6.4 Child Support

If requested, a copy of the order terminating parental rights can be provided to Waukesha County Child Support without Court order. The parent who wishes to modify child support must provide a copy for all other jurisdictions.

Rule 7: Adoptions

7.1 Guideline Packets

Forms and general instructions may be obtained through the Juvenile Court Clerk's office, the Wisconsin Court System, or Waukesha County.

7.2 Birth Record Fees

A fee made payable to "State of Wis. Vital Records " for the child's new birth certificate will be collected for any child born in the State of Wisconsin. If child was born in another state, please call the Court prior to filing to obtain the correct fee schedule for that state.

7.3 Home Study

An agency home study must be filed prior to the hearing before the Court. See Wis. Stat. §48.88 for additional requirements. The petitioner is responsible for the coordination and payment of this study. Additionally, the author of the report shall appear at the adoption hearing, unless excused by the Court.

7.4 Filing Deadline Pre-Hearing

All documents which are necessary for the hearing must be filed in the Juvenile Court office no later than 48 hours prior to the hearing. If any documents are missing, the Court reserves the right to remove the matter from the calendar without further notice.

Rule 8: Civil Commitments

8.1 Governance of Civil Commitments

Civil commitment matters are governed by Wisconsin Statutes and these local rules.

8.2 Scheduling and Appointment of Counsel

The Court will schedule all matters, and appoint examining professionals.

8.3 Assignment of Civil Commitment Responsibilities

Civil commitment matters are assigned to Circuit Court judges that preside over Juvenile matters. A Circuit Court Commissioner or the Register in Probate may preside over civil commitment matters if allowed by Wisconsin Statutes.

8.4 Appearances

If the subject is in a treatment facility, unless otherwise granted by the Court, the subject’s attorney shall appear with their client either from the treatment facility or by video conference. For probable cause hearings, the subject’s attorney may waive the subject’s appearance through any communication to the Court. For final and extension hearings, the subject’s attorney may waive the subject’s appearance by written waiver. However, waiver of personal appearance for all civil commitment hearings is subject to Court approval.

Rule 9: Juvenile Guardianships

9.1 Guideline Packets

Forms and general instructions may be obtained through the Juvenile Court Clerk's office, the Wisconsin Court System, or Waukesha County.

9.2 Guardian of the Minor Estate

Guardianship of the minor estate petitions must be filed as a separate probate case.

9.3 Guardian ad Litem

A Guardian ad Litem will be assigned to the minor child. All other parties have the right to hire counsel of their choosing, but will not be provided a court appointed attorney. In accordance to Wis. Stat. §48.235(8)(b) the Court may order either or both parents to pay all or any part of the compensation of the Guardian ad Litem.

9.4 Emergency, Temporary, Limited and Full Guardianships

Emergency, Temporary, Limited and Full Guardianship Petitions for the same child must be filed separately as independent cases.

9.5 Post Disposition Motions

Petitions will be reviewed by the Court for legal sufficiency. If legal sufficiency is not found, a hearing may be removed, or not scheduled.

Rule 10: Juvenile Injunctions

10.1 Guideline Packets

Forms and general instructions may be obtained through the Juvenile Court Clerk's office, the Wisconsin Court System, or Waukesha County.

10.2 Guardian ad Litem

The child to be protected and/or the respondent child will be appointed a Guardian ad Litem by the Court, unless they wish to retain private counsel. The parent(s) of the child is/are obligated to pay these costs.

Rule 11: CHIPS/JIPS/Delinquency

11.1 Privately Filed Cases

For all privately filed CHIPS or JIPS actions, Waukesha County Corporation Counsel will automatically be added as a party, Waukesha County Department of Health and Human Services will be added as a notice recipient, and both will be provided a copy of the petition.

11.2 Competency

When a juvenile is found incompetent and the Court orders Waukesha County Corporation Counsel to file a JIPS or Chapter 51 case, the Juvenile Clerk of Courts will submit the documents needed to do so to Corporation Counsel without further order.

11.3 Sanctions

Commissioners will only hear stipulated hearings, or sign orders for stipulated sanctions. Sanction hearings will be scheduled within one week of filing on the Judge’s calendar (subject to the availability of the Court’s calendar).

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