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Guides/Procedures

This court prepared a number of guides to assist you while your case is pending in this court. The court will provide printed copies of these guides when they are appropriate. The copies provided here are provided for your convenience.

 

These guides will not cover all issues relating to cases in this court. If you are looking for information about issues that are not covered in these guides then you might try our Local Rules or the Federal Rules of Civil Procedure.

 

[Guide for Filing Federal Civil Suits] [Motions for Injunctive Relief]

 

 

Guide for Filing Federal Civil Suits

 

References to forms on this page are links to a copy of the form that you can download and print.

 

Some of the following documents are in Portable Document Format (pdf) and require that you have Adobe Acrobat Reader installed on your computer. To download Adobe Acrobat Reader click on the icon below.

 

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Item Requirements
JS 44 - Civil Cover Sheet

This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket. Must also be included as a separate attachment when filing case initiating documents on CM/ECF.

 

Complaint

After receiving a case number from the Clerk's Office, the complaint is filed electronically on CM/ECF and the $350 filing fee paid through pay.gov.

 

Signature

All documents must be signed. See Rule 11 of the Federal Rules of Civil Procedure and this court's Administrative Procedures. Counsel's name, complete address, telephone number and party represented must be typed on all pleadings. For pro se plaintiffs, the name and address of the plaintiff must be typed on the last page of the Complaint. An electronic signature "s/ Attorney Name" is acceptable for purposes of Rule 11.

 

Summons in a Civil Action - AO440

 

If a summons is needed (waiver of service is not obtained), then the plaintiff must prepare the summons form so that the clerk may sign and seal (issue) the summons. The summons form should be filed through CM/ECF as a separate attachment to the complaint. The Clerk's Office will issue the summons electronically. See Rules 4 (a) and (b) of the Federal Rules of Civil Procedure.

 

Third Party Summons in a Civil Action - AO441

 

Notice of Lawsuit and Request for Waiver of Service of Summons - AO398

 

See Rule 4 of the Federal Rules of Civil Procedure and this court's Administrative Procedures.

Waiver of Service of Summons - AO399

 

Service of Summons by a State Agency

Service through the Commissioner of Insurance: Two copies for each insurance company and a self-addressed, stamped return envelope. A check in the amount of $5.00 for each service through the Commissioner of Insurance, made payable to the Commissioner.

 

Service Through the Secretary of State: Two copies for each defendant to be served by the Secretary and a self-addressed, stamped return envelope. A check in the amount of $10.00 for each service through the Secretary of State, made payable to the Secretary.

 

Court Fees

A $400.00 filing fee is required for each new civil case, including petitions for removal.  A $5.00 filing fee is required for habeas corpus actions brought under 28 U.S.C. Sec. 2241 or 2254. These fees may be paid by check, cash or credit card.

 

Notice of Removal

Removals are initiated in the same way as an original action in this court, however, all circuit court pleadings served up to the point of removal must be included as a separate attachment when filing on CM/ECF. See the Administrative Procedures for further guidance.

 

Corporate Disclosure Statement

All corporate parties should complete this form and file it through CM/ECF. This form is distributed with all new civil actions filed with the U.S. District Court, Western District of Wisconsin, involving corporate parties.

 

 

 

 

Motion for Injunctive Relief

 

When filing motions for injunctive relief the court requires that you follow the procedure outlined in the following document:

 

Procedure to be followed on Motions for Injunctive Relief