State Bar of Wisconsin

Adams County Circuit Court Rules
(Sixth Judicial District)

Effective March 1, 2005

• Rule 1 - Adoption, Amendment and Publication of Adams County Court Rules
• Rule 2 - Rules of Decorum
• Rule 3 - General and Procedural Rules
• Rule 4 - Closure of Proceedings
• Rule 5 - Media Coverage of Court Proceedings and Cameras in the Courtroom
• Rule 6 - Lawyers Not Members of the State Bar of Wisconsin (Pro Hac Vice)
• Rule 7 - Facsimile Transmission and Filing of Documents with the Court
• Rule 8 - Family Law Practice
• Rule 9 - Guardian Ad Litem Appointments and Fees
• Rule 10 - Small Claims Practice

Rule 1 - Adoption, Amendment and Publication of Adams County Court Rules.

1.01 Effective March 1, 2005, these rules have been adopted by the Adams County Circuit Judge and supercede all previously adopted Adams County Circuit Court Rules.

1.02 Court rules and amendments thereto shall be adopted by written order of the Adams County Circuit Judge, subject to the approval of the Chief Judge of the Sixth Judicial District.

1.03 All rules and amendments thereto shall specify an effective date.

1.04 Except for a rule adopted or amended as an emergency rule pursuant to §753.35, Wisconsin Statutes, proposed rules shall be posted for public view in the Adams County Courthouse by the Clerk of Circuit Court and copies shall be forwarded to the president and secretary of the Adams County Bar Association at least 30 days prior to formal adoption. Any person wishing to comment upon any proposed rule or amendment shall submit those comments to the Adams County Circuit Judge in writing before the expiration of the 30 days.

1.05 Once adopted, all rules or amendments shall be filed with the Adams County Clerk of Circuit Court. The Clerk of Circuit Court shall then post them in a conspicuous place in the Adams County Courthouse for no less than 30 days, provide copies of the adopted rules to those persons, offices or organizations listed in §753.35, Wisconsin Statutes, and print and make available, at cost, all rules adopted or amended.

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Rule 2 - Rules of Decorum

2.01 Whenever a jury is present court shall be formally opened each day either by the bailiff, court security officer or clerk of court.

2.02 Lawyers shall never engage the court in a manner that would lessen the dignity of the proceedings in the eyes of the jury or public.

2.03 Witnesses shall be examined with courtesy and respect.

2.04 Witnesses shall be examined either from a position at or behind counsel table or from a lectern when one is provided except when displaying an exhibit to a witness. In no case shall the witness be crowded during examination. This rule shall not preclude the court from setting additional or different requirements as necessitated by a particular case.

2.05 The administration of an oath or affirmation of witnesses shall be an impressive ceremony and not a mere formality.

2.06 When addressing the jury, a lawyer or party shall not crowd the jury box.

2.07 During court proceedings no lawyer or party shall exhibit familiarity with witnesses, jurors or opposing counsel and the use of first names shall generally be avoided.

2.08 All lawyers and court officers shall, while in attendance upon the court, be attired in such a manner as not to lessen the dignity of the proceedings in the eyes of the jury or public, except that where circumstances require it, the presiding judge, in his or her discretion, may approve exceptions to this rule.

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Rule 3 - General and Procedural Rules

3.01 Court Commissioner Proceedings. All proceedings before an Adams County court commissioner shall be considered proceedings before the circuit court and subject to these rules.

3.02 Telephone Testimony. In matters where telephone testimony is being presented, the party calling the witness is responsible to place the call or to have the witness call in to the court at the scheduled time. The party calling the witness shall be responsible for all costs of the call unless otherwise ordered by the court.

3.03 Motion Practice.

a. Any party filing a motion shall be responsible for securing a hearing date from the office of the judge or court commissioner assigned to hear the case.

b. No party shall schedule a motion at the time of a previously scheduled motion in a matter without first contacting and obtaining leave of the court.

3.04 Voir Dire Examination. Unless otherwise authorized by the court, the lawyer or party conducting the voir dire examination shall: (a) insofar as practical, use collective questions addressed to the panel as a whole; (b) use individual inquiry only where necessary; (c) avoid repetition; and (d) seek only information material and necessary to jury selection.

3.05 Exhibits. Each party using an exhibit shall have sufficient copies available for the witness, court and opposing counsel, party or parties.

3.06 Continuances. Continuances may be granted only in the discretion of the court. Consent or stipulation of counsel or the parties will not be recognized as binding upon the court.

3.07 Consolidation of Civil and Small Claims Cases

All cases arising out of the same transaction or the same act or acts of negligence may, upon motion of any party, or upon order of the Court on its own motion, be consolidated for purposes of trial.

To effect consolidation, any motion or stipulation to consolidate and all supporting documents shall be captioned with the case names and numbers of all cases sought to be consolidated. Service and filing shall be affected in all of the cases sought to be consolidated. The motion shall be directed to the judge assigned to preside over the lowest numbered case. If consolidation is granted, the case or cases shall be assigned to the judge to whom the lowest numbered case is assigned.

3.08 Remedial Contempt Proceedings.

a. Personal service of process shall be required on all parties being brought before the court for remedial contempt proceedings.

b. Written orders shall be submitted to the court for signature and filing after any contempt hearing in which a finding of contempt is made. The order shall set forth the contempt findings made, the sanctions imposed and the purge conditions set by the court.

c. Any request for the imposition of sanctions due to noncompliance with purge conditions subsequent to a contempt finding shall be made in the form of a petition or motion to the court setting forth the basis upon which the request for the imposition of sanctions is made.

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Rule 4 - Closure of Proceedings.

4.01 All Adams County Circuit Court judicial proceedings shall be open to the public unless prohibited by statute or otherwise ordered by the court.

4.02 Any party or attorney moving to close any judicial proceeding that would otherwise be an open proceeding must notify the court and the Adams County media coordinator in writing at least 72 hours before the time of the scheduled hearing. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be on the moving party to show why the proceedings should not be public. The court may waive the 72-hour notice provision upon a finding of good cause.

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Rule 5 - Media Coverage of Court Proceedings and Cameras in the Courtroom

5.01 All Adams County Circuit Court proceedings shall be open to the public and media coverage unless prohibited by statute or court order.

5.02 All media coverage of proceedings in the Adams County circuit courts shall be in accordance with Supreme Court Rule (SCR) Chapter 61.

5.03 Cameras and recording equipment will be allowed in courtrooms or hearing chambers provided a written or oral request is made to the presiding hearing officer and Adams County media coordinator at least 72 hours before each scheduled hearing or trial. No notice is required for initial appearances in criminal cases. The notice requirement may be waived by the presiding court officer upon good cause being shown. Each media organization wishing to have cameras or recording equipment must comply with this requirement.

5.04 The name of the Media Coordinator shall be maintained on file with and available from the District Court Administrator of the Sixth Judicial District, 2957 Church Street, Suite B, Stevens Point, WI 54481, telephone 715-345-5295, fax 715-345-5297.

5.05 The court officer presiding at the time of hearing shall designate the location within the courtroom of any and all camera or audio equipment so that media coverage will not obstruct the view of persons located in the public areas of the courtroom.

5.06 The size and configuration of the courtrooms in Adams County may require limitations on the number of cameras, audio recording devices and other media equipment. In cases where more media organizations wish to have equipment present than space permits, those media representatives who are allowed in the courtroom shall share footage or audio recording with those not permitted inside the courtroom with their equipment.

5.07 Media equipment shall be set up prior to the commencement of any hearing and may not be removed until the next recess.

5.08 There shall be no visual photography or videotaping of any juveniles, victims of sex crimes, undercover law enforcement agents or confidential informants unless authorized by the court upon advance request.

5.09 There shall be no video or still photography of jurors or prospective jurors under any circumstances.

5.10 The use of motorized cameras while court is in session is prohibited unless the motor is silent. No flashes or strobe lights may be used.

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Rule 6 - Lawyers Not Members of the State Bar of Wisconsin (Pro Hac Vice)

6.01 A nonresident lawyer who is not a member in the State Bar of Wisconsin who wishes to appear pro hac vice in an action in Adams County, Wisconsin must petition the court in writing to do so. The petition shall set forth the state or states in which the lawyer is licensed to practice law and his or her standing in that state. The petition is to be under oath. The petition shall also state the name of an active member in good standing of the State Bar of Wisconsin who will sponsor the petitioner and participate with the non-member lawyer.

6.02 If the petition to appear pro hac vice is granted:

a. The active member of the State Bar of Wisconsin shall appear in person or, in the case of telephone proceedings, by telephone in all proceedings held on the record, including those held out of court, such as depositions unless otherwise permitted by the court.

b. The active member of the State Bar of Wisconsin shall review all pleadings, motions and other documents to be filed with the court. Any document filed with the court by the non-member lawyer appearing pro hac vice shall contain the signature of the active State Bar of Wisconsin member.

6.03 Any lawyer allowed to appear pro hac vice shall be subject to the disciplinary authority of the Supreme Court of Wisconsin pursuant to Supreme Court Rule (SCR) 20:8.5.

6.04 Permission of the nonresident lawyer to appear in the Adams County Circuit Court may be withdrawn by the judge for any reason stated in SCR 10.03(4).

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Rule 7 - Facsimile Transmission and Filing of Documents with the Court

7.01 Facsimile documents transmitted directly to the Adams County Circuit Court shall be accepted for filing only at 608-339-4503 and shall be subject to the following provisions:

a. The document does not exceed fifteen (15) pages in length.

b. No filing fee is required.

c. No additional fee or charge is required to be paid to the Clerk of Circuit Court for accepting or receiving the facsimile document.

d. Papers filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court's office are considered filed the next business day. Regular business hours for the Adams County Clerk of Court are 8:00 a.m. to 4:30 p.m.

e. Facsimile documents are considered filed upon receipt by the Clerk of Circuit Court and are the official record of the court and may not be substituted. The transmitting party shall send no additional copies of the facsimile document to the Clerk of Circuit Court. The Clerk of Circuit Court shall discard any duplicate documents subsequently received by the Clerk of Circuit Court, assigned judge or court commissioner. Parties who have transmitted documents by facsimile to the court shall retain in their own files any "original" document that was used for the facsimile transmission. In the event the authenticity of the faxed document is challenged, the party who faxed the document to the court shall have the burden to show authenticity.

7.02 The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court, judge, court commissioner or clerk of circuit court is not responsible for:

a. Errors or failures in transmission that result in missing or illegible documents.

b. Periods when a circuit court facsimile machine is not operational for any reason.

7.03 Facsimile documents transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal and delivery to the clerk of circuit court shall be accepted for filing only if the transmission complies with this local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.

7.04 A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with §801.16, Wisconsin Statutes. Facsimiles exceeding 15 pages in length must certify that the assigned judge or court commissioner has approved the facsimile transmission.

7.05 Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge or clerk.

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Rule 8 - Family Law Practice

8.01 Divorce Education Program

In all divorce, legal separation or annulment actions filed in which there are minor children of the parties, the parents shall be required to attend a parent education program approved by the Adams County Circuit Court prior to the scheduling of any final hearing or trial. Upon a showing of good cause this requirement may be waived by the court. The Adams County Family Court Commissioner shall provide information and procedural guidelines concerning this program.

8.02 Mediation

Unless undue hardship or danger to the health of one of the parties is shown, or unless otherwise excused by the court, the parties shall attend mediation pursuant to sec. 767.11, Wis. Stats., prior to the appointment of a guardian ad litem.

8.03 Guardian ad Litem

Upon the appointment of a guardian ad litem in any action affecting the family, the parties shall be required to make a deposit to the Adams County Clerk of Court to defray guardian ad litem fees and expenses. The amount of the deposit shall be determined by the court. Unless both parties are found to be indigent, either or both parties shall be required to reimburse Adams County for the full cost of the guardian ad litem fees and expenses.

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Rule 9 - Guardian ad Litem Appointments and Fees

9.01 Attorney List. The court shall maintain a list of attorneys who are willing to accept Guardian ad Litem (GAL) appointments from the court in contested divorce, legal separation matters, guardianships, civil commitments, child in need of protection or services (CHIPS), and any other matter requiring an appointment of a GAL. An attorney who wishes to be included on the list shall submit written verification of attendance at an approved GAL training seminar. The court shall make his/her own GAL appointments and shall individually review all requests for compensation sought by a GAL.

9.02 Compensation. A GAL shall be compensated at the hourly rates established by the Supreme Court Rule governing such rates. Any exceptions to this rate must be presented to and approved by the judge who made the GAL appointment.

9.03 Termination of Duties. The duties and appointment of a GAL shall terminate upon completion of the proceedings or upon the minor child reaching the age of majority unless the court orders otherwise. A written provision discharging the GAL shall be included in the final order or judgment in each case.

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Rule 10 - Small Claims Practice

10.01 Forms, Filing Summons/Complaint. Forms may be obtained from the Clerk of Court without charge. The Summons/Complaint is to be filed in the Clerk of Court's Office with the proper filing fees.

10.02 Mail Service; When Allowed. A Small Claims Summons/Complaint for a money demand may be served by regular mail at a rate to be determined by the Clerk of Court, if the defendant resides in Adams County. Mail service is not allowed in cases of replevin or eviction actions.

10.03 Eviction Actions. Summons/Complaint shall identify the parties, the real property that is the subject of the action, and state the facts that authorize the removal of the defendant(s). A copy of the Notice to Vacate should be presented at the time the Summons/Complaint is filed.

10.04 First Appearance (return date)

Plaintiff is required to appear in person before the Court Commissioner (Courtroom "B") on the return date.

A defendant who resides within Adams County or in a county contiguous to Adams County and who disputes the claim is required to appear in person before the Court Commissioner on the return date.

A defendant who does not reside in Adams County or in a county contiguous to Adams County must either appear on the scheduled return date or file and serve a written answer at least 72 hours prior to the court date and time. If an answer is properly filed and a request to adjourn said hearing is made by the defendant, the first appearance will be scheduled for a future date. A written answer, however, is not in lieu of an appearance on the future date.

On the return date, a pretrial will be held on all contested matters. At the pretrial conference, each party must have the authority to settle the case. Matters that cannot be resolved will be set for trial, and the Court Commissioner will issue a Pretrial Order. If time permits and all parties consent, trials will be conducted by the Court Commissioner on the return date.

10.05 Continuances.

A party who appears on the return date may be granted a continuance to the next session of Small Claims Court except in eviction actions, which may be continued upon agreement of the parties. NO other continuances shall be allowed except by the Court and upon good cause.

Defendants who neither appears in person nor file a written answer per Court Rule 10.04, as stated above, risk entry of a default judgment. Failure to comply with these rules by either party may result in a dismissal or default judgment. Telephone appearances are not acceptable.

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IT IS ORDERED that the preceding Adams County Circuit Court Rules are hereby adopted and approved and these rules do supersede all prior Adams County Circuit Court Rules.

Adopted this day February, 2005.

BY THE COURT:

Charles A. Pollex
Circuit Court Judge

Approved:

James Evenson, Chief Judge
Sixth Judicial District of Wisconsin