Carlo Esqueda, the Dane County Clerk of Circuit Court, has requested that DCBA pass along the following information regarding e-Filing cases in Dane County Circuit Court. Click to continue.
When filing civil cases electronically, keep all the associated papers (such as the deed or anything else that might be considered an attachment) together as one packet of documents that should all be scanned in together with the Summons and Complaint. We’ll file that all as one court record event.
Bear in mind that if you complete the e-filing but don’t complete the payment page, the papers will still show up in our incoming queue as “filed, awaiting payment.” You won't be able to go in at a later time and make the payment. The system will force you to enter the complete filing over again. So if you were to get interrupted in this efiling process, assembling the filing but not immediately completing the payment portion, and two weeks later you wonder why the case you filed hasn’t shown up on WCCA or your e-filing account, this may be why!
I know it’s been long customary to send cover letters with filings. Can these now be dispensed with? If you’re efiling a document, there would be no reason to attach the old “Enclosed please find…” letter on top of it. The same is true for traditional filings. Unless a letter is asking the court for action beyond the mere filing of the attached document, we’d appreciate not having the additional paper cluttering the file.
Some firms, particularly those that are acting in the capacity of a collection agency on behalf of a plaintiff, will send in reams of letters on the small claims return date asking for an adjournment as the parties are working out a stipulated dismissal or some other outcome. Again, in keeping with the prior theme of economy in the files, I urge you to not send these in, particularly not by traditional means, as this adds a large scanning burden for no real purpose. Once the return date comes, all cases are put on a 90-day dismissal calendar. The court doesn’t actually need to know that the parties are working on a stip-- we’ll just want to see that stip filed within that 90-day period.
Don’t submit Lis Pendens via e-filing (or even by traditional means). This is not a document that needs to be filed with us UNLESS it has first been filed with the Register of Deeds and you’re submitting a certified copy from the RoD to our file.
Family case efilers should be submit the Summons and Petition as one document (even though the efiling instructions currently say to break them up). Please also remember to use the case class codes that signify "with children" or "without children" rather than just a generic Summons & Petition.
If you are filing cases by traditional means, we ask that you present a filing fee check for each individual case, rather than one check for all cases being filed. This permits us to split the work of initiating the cases among several staff people as opposed to having to have just one person initiate everything that pertains to that one check. I understand that this might be more onerous for you, which I’d address by suggesting you use e-filing! We are considering pursuing a new local court rule that would make this a requirement, but it would be far better if it would just become a standard practice on its own, until such time as efiling is mandated.
Additonal E-Filing informaion
In March 2015, the Wisconsin Supreme Court declined to adopt a proposed rule making e-filing mandatory. A committee working on the proposal filed an amended rule petition last month with a new alternative plan. The Supreme Court will be holding a public hearing on the amended rule petition on Thursday, February 23, 2016.
Below is some background information.
(1) Cover letter from chair of committee (which has a good timeline of what's happened so far and an outline of the new plan)
(2) Amended petition
(3) Communication from the Supreme Court inviting comments on the amended petition.
Here are the links to those documents, in the order listed above: