Dec. 21, 2016 – Do your forms meet current circuit court e-filing format requirements?

Wisconsin’s circuit courts are phasing in mandatory e-filing – in response to a Wisconsin Supreme Court Order effective July 1, 2016 – and form requirements are changing. Are yours up to date?

Get your files in order with recently updated books from State Bar of Wisconsin PINNACLE.

 Although full implementation of e-filing – statewide and for all case types – isn’t likely until the end of 2019, PINNACLE is phasing in updates to author-drafted circuit court forms in its books and downloadable forms libraries.

Here are examples of recent changes:

Proposed Court Orders: Take Out That Block for the Judge’s Signature

According to the Wisconsin Court System, proposed court orders should no longer include “any signature or date entry lines for the judge.”¹

This means no more signature blocks or date-entry lines on the sample forms for proposed court orders – in any documents that a judge might modify before signing – in recently updated PINNACLE books (for example, the 2016-17 supplements to the Guardian ad Litem Handbook and the Wisconsin Criminal Defense Manual).

Parties filing proposed orders in counties or cases that don’t require e-filing can also use these updated PINNACLE forms (without the signature blocks) for paper filing. Also note that, if you’re e-filing a proposed court order, you must do so in Microsoft Word – the same format as your PINNACLE downloadable forms.

All E-filed Documents: Leave a Blank Space for the Court’s File Stamp

If you’ve been using any standard circuit court forms, created and modified by the Records Management Committee (RMC), you’ve probably already seen a two-inch by two-inch blank square in the upper right corner of the first pages of forms, which gives courts space to file-stamp incoming documents. You must now do this in all cases requiring e-filing. And you’ll see corresponding blank spaces on forms in PINNACLE books as they are updated.

Combined Motions and Proposed Court Orders: Divide These into Separate Forms

If you regularly use standard circuit court forms, you’ve likely noticed that the RMC has split some forms that previously combined an attorney-signed document (such as a Consent to Act as a Guardian ad Litem or Attorney) with a proposed court order (such as an Order Appointing a Guardian ad Litem or Attorney). Using the re-created forms, attorney-signed documents can be electronically signed and filed as Portable Document Format (PDF) files, and proposed court orders can be electronically filed as Microsoft Word documents that judges can edit.

In recently updated PINNACLE books, you’ll find similar “splits” (for example, in the 2016–17 supplement to the Criminal Defense Manual, the Authorization for Attorney to Appear and Act is a separate form from the Order Approving Defendant’s Authorization for Attorney to Appear and Act).

Signed Documents: Electronically Sign Non-notarized Documents with Only an Attorney’s Signature

If you’re e-filing a non-notarized document requiring only an attorney’s signature, you should add the words “Electronically signed by” on the signature line.

But if you’re filing a document that must be notarized – even in a county that requires e-filing – you’ll have to notarize by traditional methods (hand-signing and sealing), then scan the document as a PDF and, finally, file the PDF through the e-filing system.² So you’ll continue to see notary blocks in PINNACLE’s sample forms.

More Upcoming Updates to PINNACLE Forms

Watch for updates to the sample forms in State Bar of Wisconsin PINNACLE books, bringing them into compliance with the new e-filing rules.

You can continue to download forms by logging into WisBar.org and navigating to your myStateBar profile page. From the myMedia tab, select “Forms Libraries.”

Under the heading “My Book Forms,” you’ll find a link to forms for each book title you own, along with instructions and related documentation.

For more information, or to place an order, visit the WisBar Marketplace or call the State Bar at (800) 728-7788 or (608) 257-3838.

Endnotes

¹ Wis. Ct. Sys., eFile/eCourts, Circuit Court eFiling, Technical Requirements (last updated Nov. 22, 2016).

² Wis. Ct. Sys., eFile/eCourts, Circuit Court eFiling, Frequently Asked Questions (last updated Nov. 4, 2016).