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Fill and Sign the Modification Free Legal Forms Court Forms

Fill and Sign the Modification Free Legal Forms Court Forms

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FA -5002V, 05/17 New (DeNovo) Hearing Page 1 of 2 New (DeNovo) Hearing NOTICE: Family and divorce laws change often. These forms may not be appropriate for all situations. They are intended to be useful in many cases and may have to be changed in some way to fit your case. Talk to a lawyer if you are unsure that these forms are t he most appropriate for your situation. Court staff cannot give legal advice. Motion for and Notice of New (DeNovo) Hearing (FA -4130 V) is th e form to file when you want a J udge to review a decision that was made by a Circuit Court Commissioner because you disagree with what the Circuit Court Commissioner decided . Either party may request a New ( DeNovo ) Hearing, but the request must made within time limits set by the court in your county. There is no fee to file a Motion for and Notice of New ( DeNovo ) Hearing. Motion for DeNovo Hearing on a Temporary Restraining Order or Injunction (CV -503) is the form for review of a harassment or domestic abuse temporary restraining order or injunction decision by a Circuit Court Commissioner. Procedural Checklist 1. Complete the Motion for and Notice of New ( DeNovo ) Hearing (FA -4130 V) form . 2. If you have a copy of the signed Order, attach it to the form . 3. Make three (3) additional copies of the completed original Motion for and Notice of New ( DeNovo) Hearing form, four (4) if the State of Wisconsin (Child Support Agency) is a party. 4. The court will set a court date, keep the original for the court file, and return the remaining copies to you. 5. Notifying the Other Party :  Contempt Hearing: The other party( s) must be personally served. For information on the ways to have the other party served, see the Service Packet (FA -5000 V).  All other Hearings : You may mail a copy of the completed form to the other party and if necessary the State of Wisconsin (Child Support Agency). 6. After you have properly served th e other party, you MUST, on or before the date of your hearing, complete and file Proof of Service ( Admission of Service (FA - 4119 V), Affidavit of Service (FA -4120 V), or Affidavit of Mailing (FA -4121 V) forms ). If you do not provide Proof of Service and the other party does not appear, the court may reschedule the hearing or dismiss the request . FA -5002 V, 05/17 New (DeNovo) Hearing Page 2 of 2 7. Take the following with you to the New (DeNovo) Hearing:  A copy of the proof of s ervice.  The original and two copies of your completed, dated, and signed Financial Disclosure Statement (FA -4139 V) form , if required.  Any other documents you think may help you make your case to the court. If you wish to offer written evidence or documents to the court, be sure you have the original for the court , a copy for yourself, and a copy for the other party(s) . If you wish to have other people testify for you, make s ure they come to court . A n affidavit, letter , email, or text from them is not acceptable .  This is a new hearing . You should not rely on documents or testimony presented before the Circuit Court Commissioner at the last hearing. 8. Go to the assigned court room at least 20 minutes before your court time and let the bailiff or court clerk know on which case you are appearing. 9. When your case is called, go to the front of the r oom and sit where directed by the court clerk or bailiff. Take all your papers and documents with you. 10. Present your case to the J udge as directed. Be prepared to state your side of each issue clearly and completely. Be prepared to answer questions that may be asked of you by the Judge or by the other party . Use the copy of the decision that is to be reviewed as an outline to foll ow while you are in court to be sure you remember each issue you want to raise. 11. Th e J udge will state their decisions /rulings to you. Take notes because you may be required to write the ruling in a specific format on a form called Decision and Order (FA -4175 V or FA -4176 V) form . The Judge may also set a review hearing for you to return to court.

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