State Bar of Wisconsin

Bayfield County Circuit Court Rules (Tenth Judicial District)

Effective Date: June 1, 2007

• Part 1: Publication and Revision of Court Rules
• Part 2: Court Practice
• Part 3: Civil Practice
• Part 4: Criminal Practice
• Part 5: Family Law Practice
• Part 6: Foreclosure Practice
• Part 7: Juvenile Practice
• Part 8: Probate Practice
• Part 9: Small Claims Practice
• Part 10: Traffic/Forfeiture Practice
• Part 11: Late Settlement Assessments
• Part 12: Out-of-state lawyers
• Part 13: Policy and procedures regarding threats against the judiciary and security incidents in the court
  
  
• Tenth Judicial District Court Rules

Part 1: Publication and Revision of Court Rules

Effective date: June 5, 1989

101 District Rule adoption and promulgation

101.01 Pursuant to §753.35 (2), the Tenth Judicial District Court Rules are incorporated herein by reference.

102 Proposed rules shall be posted for public review in the County
Courthouse by the Clerk of Circuit Court and copies shall be forwarded to the Secretary of the local Bar Association at least thirty days prior to formal adoption.

103 Notice of proposed rules as described in Sec. 101 shall constitute sufficient public notice.

104 Rules shall be adopted by written order of the Circuit Judge, subject to approval of the Chief Judge

105 Orders adopting rules shall specify an effective date.

106 Once adopted, court rules shall be field with the Clerk of Circuit Court, and the Clerk of Circuit Court shall provide copies to the Secretary of the local Bar Association and the Chief Judge.

Part 2: Court Practice

Effective date: June 1, 2007

201 Calendars for attorneys

Attorneys are required to have their calendars with them in court so that dates can be set in the courtroom when possible. In the event that an attorney does not have his or her calendar in court, a date will be set in accordance with the judge's calendar.

202 Closure of Proceedings

202.01 Media Coverage

Unless good cause has been shown to the Judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show cause why the proceedings should not be public as required by statute.

203 Confidential Records

All court ordered or statutorily required reports are confidential in all actions and proceedings. The original copy of the report shall be provided to the court. Copies of the report shall be provided to the district attorney or corporation counsel, the county department, counsel for the parties and guardian ad litem as applicable.

Counsel for any party shall not provide his or her client or any other party with a copy of a report unless approved to do so by the court. A client or other party denied a copy of a report may read the counsel's copy of the report or the preparer’s copy at the preparer's office.

A copy of the Dispositional Court Report in CHIPS, JIPS and delinquency matters, and the custody study or stepparent adoption study in family court matters will be provided to the parent(s) or guardian of the juvenile by the Department of Human Services. The parent or guardian shall not release the copy to any third party. See Bayfield County Juvenile Court Records Policies concerning other Juvenile records.

204 Continuances

All stipulated requests for continuance of trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown. All requests for continuance are subject to the approval of the court.

205 Court Commissioner – no rules promulgated

206 Entry of order/judgments (Five-day Rule) – no rules promulgated

207 Facsimile/E-mail Transmission of Documents to the Court

All original pleadings, motions, affidavits and other papers shall be on substantial paper to be received and filed. Thermal FAX paper is not acceptable for originals.

All original pleadings, motions, affidavits and other papers required to be signed shall be subscribed with an original handwritten signature to be received and filed. FAX photocopy signatures are not acceptable for originals.

Facsimile (FAX) transmissions shall not constitute an original document for filing. Copies of correspondence, memoranda of law, briefs and motions may be transmitted to the Judge as his/her copy. No facsimile transmission shall constitute an original for purposes of filing with the Clerk of Courts.

208 Filing Fees – no rules promulgated

209 Filing a name change – no rules promulgated

210 Holding of court in location other than the county seat

Criminal intake court, juvenile intake court and any associated function thereto, may convene approximately every 60 days at the tribal court facility in Red Cliff, Wisconsin.

211 Issuing of Writs – no rules promulgated

212 Judicial Assignments – no rules promulgated

212.01 Intake – no rules promulgated

212.02 Civil Matters – no rules promulgated

212.03 Criminal Matters – no rules promulgated

212.04 Juvenile Matters – no rules promulgated

212.05 Other Matters – no rules promulgated

213 Jury Fees

214 Rules of decorum

214.01 Court shall be formally opened each day in which court business is transacted either by the Bailiff or the Clerk of Court.

214.02 As the Judge enters the courtroom, the Bailiff or Clerk of Court shall require all present to rise and stand in jury trials. When the Judge has reached the bench the Bailiff or the Clerk of Court shall say "All rise,” The Judge shall instruct all to be seated and the business of the court shall proceed.

214.03 Supreme Court Rule 62.02 shall be strictly enforced. Any party and any attorney appearing in court shall refrain from making comments regarding the personal or professional competence of another party or attorney.

214.04 When trial is to a jury, the jurors shall take their place in the jury box when the Judge so directs.

214.05 All parties and lawyers must respect the difficulty of the court reporter when
more than one person is talking at a time. Except for objections of counsel,
only one person may speak at a time while court is in session.

214.06 The flag of the United States and the State of Wisconsin shall be displayed in
close proximity to the bench at all times while court is in session.

214.07 Lawyers or parties shall never lean upon the bench or appear to engage the
court in a manner which would lessen the dignity of the proceedings in the eyes of the jury and public.

214.08 Witnesses shall be examined from a position at the counsel table except
when handling exhibits unless a lectern is provided by the court, in which case the examination shall be either from the position at the counsel table or the lectern. Persons examining witnesses may either stand while examining a witness from the counsel table or remain seated. Upon approval of the court, counsel may approach the witness during examination.

214.09 When a lawyer or party is addressing the jury, he or she shall not crowd the
jury box.

214.10 During examination of jurors on voir dire, the lawyer or party conducting
the examination shall, insofar as practical, use collective questions, avoid repetition and seek only material information on juror qualification. The court reserves the right to suspend voir dire in the interest of justice and efficiency.

214.11 During trial, no lawyer or party shall exhibit familiarity with witnesses,
jurors or opposing counsel and generally the use of first names shall be
avoided. In jury arguments no juror shall be addressed individually or by name.

214.12 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 court or of proceedings in the eyes of the jury and public.

214.13 Lawyers shall advise their clients and witnesses of the formalities of the
court, and seek their full cooperation therewith. It is expected that lawyers will guide clients and witnesses as to appropriate attire.

214.14 Witnesses shall be examined with courtesy and respect, and their good faith
presumed until the contrary appears.

214.15 The swearing of witnesses shall be an impressive ceremony and not a mere
formality.

214.16 In jury cases which are disposed of without a jury verdict, the judge in
dismissing the jury should briefly explain the procedure and why a verdict was unnecessary.

214.17 The judge shall wear a robe while presiding on the bench, provided that
judicial discretion may be exercised otherwise in appropriate situations.

214.18 A bailiff or court security officer shall provide courtroom security when
ever court is in session and such bailiff or officer shall be in the courtroom in full uniform, unless directed otherwise by the presiding judge. Special security rules may be adopted by the court in individual cases. Everyone in attendance at court shall obey the lawful commands of the bailiff or court security officer.

214.19 All attorneys must become familiar with the Digital Audio Recording System, and understand that all proceedings are being digitally recorded and appropriate use of microphones will be required.

215 Substitutions and Recusals – no rules promulgated

216 Telephonic hearings/motions – no rules promulgated

217 Use of videoconferencing

Video conference is encouraged to be utilized whenever practically reasonable. Parties seeking to appear or have witnesses appear by video conference shall obtain prior court approval.

218 Case processing time guidelines

218.01 The benchmarks enumerated below are goals for processing trial court caseload. These goals are meant to apply to all cases, except for individual cases in which the court determines exceptional circumstances exist.

(a) Civil actions, not including family actions or small claims actions, should be disposed of within twelve (12) months from the filing of the summons and complaint, except that actions involving personal injury, property damage, or other intentional tort should be disposed of within eighteen (18) months from the filing of the summons and complaint.

(b) Family actions under chapter 767 should be disposed of within nine (9) months from the filing of the petition.

(c) Contested small claims actions should be disposed of within two (2) months from the filing of the summons and complaint.

(d) Felony actions should be adjudicated within six (6) months of the date of first appearance of the defendant and in no event longer than 90 days after demand for a speedy trial. (See Sec. 979.10(2), stats.).

(e) Misdemeanor and criminal traffic actions should be adjudicated within six (6) months of the date of first appearance of the defendant unless the defendant is in custody, in which case trial should commence within 60 days from the date of the defendant’s initial appearance in court. (See sec. 971.10, stats.).

(f) Ordinance and forfeiture actions should be adjudicated within three (3) months of the date of the first appearance of the defendant or entry of initial plea, whichever occurs first.

(g) Estate actions should be disposed of within twelve (12) months from the date of the filing of the petition for Administration.

218.02 It will be the practice of the court to schedule every case for a next action or review date at every stage in the life of the case.

218.03 Security

218.04 Threats are defined as written or oral declarations of an intention to inflict injury or pain upon individuals employed by or involved in the court system. Any threat shall be treated as serious.

218.05 Security incidents are episodes of conduct in the courts in which the physical health or safety of participants or the physical property of the courts are put at risk.

218.06 All threats and security incidents are to be immediately reported personally or by telephone to the sheriff's office.

218.07 Court Security Officer

The sheriff is directed to designate an officer to serve as a court security officer. The court security officer shall be responsible for:

* referral and investigation of all threats and security incidents.
* assistance in training of court personnel in handling threats and security incidents.
* making recommendations to maximizing court security in the future.

218.08 Training

Upon hiring, every employee (including elected officials) shall be trained in the policies and procedures of handling threats and security incidents, including the use and completion of the report form. Refresher training shall be scheduled for all court employees on a yearly basis. All training shall be coordinated by the circuit judge, clerk of court, and court security officer. To the extent possible, such initial and refresher training should include the following:

* the court's policies and procedures concerning threats and security incidents.
* the physical layout of the courts and escape routes from courtroom and court offices.
* recognizing when a threat is being made.
* responding to a bomb threat.
* responding to a hostage situation.
* techniques in remaining calm and avoiding panic during a stressful or potentially dangerous incident.
* techniques in responding to threats and security incidents in such a manner as to defuse the danger of the situation without placing the individual at physical risk.
* techniques in enhancing a person's personal safety either in the courts or elsewhere.
* telephone protocol when a threat is being made over the phone.
* handling irate or abusive individuals in person or over the telephone.
* knowing when to contact law enforcement because of immediate concerns with a "panic button" rather than by telephone.
* handling threats that are made away from the courthouse.
* gathering evidence for potential prosecutions.
* using the threat/security incident report form.
* role playing activities in order to familiarize the employee with the process or recording and reporting threats.

218.09 Threat/Security Incident Report Form (GF-147)

A record shall be made of all threats and security incidents on the Threat/Security Incident Report form. Such record shall be made contemporaneously with the event being recorded as soon after as possible. The original of such report shall be transmitted to the Court Security officer. If deemed appropriate, a copy may be maintained in the court offices affected.

"Panic buttons"

The panic button shall be used only in those cases where there is immediate dangerous or life-threatening activity that needs the presence of law enforcement officers. The Sheriff shall instruct officers acting under the sheriff to treat a panic button call as dangerous or life-threatening activity in process.

218.10 Telephone threats

a. All court employees shall keep a copy of the Threat/Security Incident Report
form immediately at hand beside all telephones on which calls from outside the courts can be received.

b. To the extent possible, while the person making the threat is still on the
telephone, the report form should be completed. In not possible, the form
should be completed as soon as practical while all information is still fresh in
the mind.

c. The telephone on which a telephone threat was received should not be disconnected or hung up until such time as law enforcement personnel indicate that disconnecting is appropriate.

219 Supreme Court Rule 10.03(4) shall be strictly enforced.

219.01 A non-resident lawyer who wishes to appear in an action must petition the court in writing. The petition shall state the name of the active member of the State Bar who will participate with the non-resident lawyer.

219.02 If the court grants the petition:

(a) The active member of the State Bar shall appear in person at all proceedings held on the record, including those held out of court, such as depositions.

(b) The active member of the State Bar shall review all pleadings, motions and other papers to be filed with the court. Both the non-resident lawyer and the active member of the State Bar shall sign all pleadings and motions.

219.03 The non-resident lawyer is subject to the disciplinary authority of this state for conduct that occurs in connection with the action. SCR 20:8.5(2)

Part 3: Civil Practice

Effective date: December 15, 2003. Amended January 15, 2006

301 Service and Answer

All civil cases will be reviewed 90 days after filing. If no service has been obtained or there has been no joinder of issues, the court may enter an order of dismissal or initiate default proceedings.

302 Scheduling

The circuit judges request trial counsel to pursue settlement at the earliest possible time. Recognizing the great inconvenience and expense that can be caused to the parties, jurors, witnesses, and the county. Early settlements will be promoted by attorneys who have had timely consultations with their clients and who are prepared to discuss all aspects of their case.

302.01 Orders such as orders to show cause and temporary restraining orders shall not be issued on unsigned pleadings, motions or affidavits.

302.02 A motion for summary judgment and a motion for dismissal shall be filed together with any brief or other supporting documents. If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed. The respondent shall have 20 days from the filing of the movant's brief within which to file a responsive brief and supporting documents, or waive in writing the right to do so. If the respondent fails to file a brief and supporting documents or waiver of the same within the 20 day period, it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. A decision shall be based upon the record as timely filed.

302.03 If the movant desires to file a brief in support of a motion other than one for summary judgment of dismissal, the brief shall be served and filed with the notice of motion at least 10 days prior to any scheduled hearing date. Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than 2 business days prior to the hearing of the motion. Briefs in opposition to such motions must be either personally served upon opposing counsel no later than 2 business days prior to the hearing or if service is made by mail, no later than 3 business days prior to the hearing. Briefs filed in an untimely fashion may be disregarded by the court.

303 Pretrial

In all pretrial matters, attorneys must have the authority to negotiate in the absence of their clients or, if authority is not granted, immediate telephonic access to the clients shall be required.

304 Discovery – no rules promulgated

305 Other Motions

In civil proceedings, all post judgment motions to reopen or vacate default judgments shall require a filing fee of $50.00 to be paid to the Bayfield County Clerk of Circuit Court. If the court finds error on the court which in part caused the default, or if the request is denied, the filing fee shall be refunded.

306 Judgments

306.01 Default Judgment

No notice to defendant is required prior to entry of a default judgment in large claim civil actions where personal service was originally obtained upon the defendant. The court does require formal motions for default judgment. A hearing is not required unless otherwise stated.

In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to the defendant by regular mail at defendant's last known address. The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.

Hearing requests shall be heard by the court as soon as practicable. Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, accompanied by an affidavit of the aforesaid notice to defendant. In actions where damages are not liquidated, a hearing shall be conducted to determine the amount of the judgment. The court may order a hearing to determine the amount of judgment in any case.

Any judge may in an individual case require further notice of proof regarding service, damages or costs if appropriate.

306.02 Summary Judgment – see 302.02, otherwise, no rules promulgated

307 Jury and Bench Trials

When any civil, criminal, juvenile (14 or older), or other jury trial demand is withdrawn after 3:30 p.m. on the proceeding business day before trial, a jury fee of not less than $500.00, but not more than the actual jury cost to the county for a twelve person jury ($250.00, but not more than the actual jury cost to the county for a six person jury), will be assessed pursuant to §815.51 Wis. Stats.

Part 4: Criminal Practice

Effective date: December 15, 2003. Amended January 15, 2006, and June 1, 2007

401 Defendant’s Presence Required – no rules promulgated

402 Warrants and Warrantless Arrests – no rules promulgated

403 Bonds – no rules promulgated

403.01 Cash Bonds – no rules promulgated

403.02 No Contact Domestic Violence Bonds – no rules promulgated

404 Initial Appearances

When a not guilty plea is entered by a defendant in a criminal proceeding, status conferences will be scheduled before the matter will be set for trial. At a status conference, the court will set the matter for jury trial, unless the defendant enters a guilty or no contest plea to the charge, a reduced charge or pursuant to a plea agreement, or unless a new status conference is required. The defendant shall appear in person unless counsel has filed a written authorization to appear and sought permission of the court to appear by telephone or by authorization. Prior to entry of a plea of guilty or no contest, the defendant shall complete and sign a written Plea Questionnaire/Waiver of Rights form and file it with the court. The form must be completed in full.

405 Preliminary Hearings – no rules promulgated

406 Commitment Orders – no rules promulgated

407 Discovery – no rules promulgated

408 Jury and Bench Trials

When any civil, criminal, juvenile (14 or older), or other jury trial demand is withdrawn after 3:30 p.m. on the proceeding business day before trial, a jury fee of not less than $500.00, but not more than the actual jury cost to the county for a twelve person jury ($250.00, but not more than the actual jury cost to the county for a six person jury), will be assessed pursuant to §815.51 Wis. Stats.

408.01 Pretrial order and order setting case for trial

The circuit judge requests trial counsel to pursue settlement at the earliest possible time. Recognizing the great inconvenience and expense that can be caused to the parties, jurors, witnesses, and the county, early settlements will be promoted by attorneys who have had timely consultations with their clients and who are prepared to discuss all aspects of their case. The court shall set timelines and other requirements in a pre trial scheduling order.

409 Motion Practice

All stipulated requests for continuance of a trial date shall require the consent of all parties in writing or on the record and must be for good cause shown. All non-stipulated requests for continuance must be by written motion and hearing and for good cause shown. Any continuance is subject to approval of the court.

410 Pre-Sentence Investigation – no rules promulgated

411 Probation – no rules promulgated

Part 5: Family Law Practice

Effective date: December 15, 2003

501 Advanced payments on custody and psychological evaluations

The court may direct one or both parties to prepay the fees for mediation sessions
provided by family court counseling services beyond the first session. The court may also direct one or both parties to prepay the $300.00 fee for a legal custody and physical placement study.

The fees for mediation and custody studies are payable directly to Bayfield County's Clerk of Circuit Court. The family court counseling services shall adopt a sliding fee schedule to be approved by the Circuit Judge.

The court shall reduce the fees in accordance with the party's ability to pay or provide the services without payment of the fees if both parties are unable to pay. If parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.

502 Child Support Warrants – no rules promulgated

503 Guardian ad litem

Upon appointment of a guardian ad litem in any action affecting the family, each party shall, if ordered by the court, deposit an advance on fee of $200.00 with the guardian ad litem. The court may waive this requirement based upon the inability of a party to pay. The court may direct that the fees of the guardian ad litem be paid by Bayfield County, and may direct that the fees be reimbursed to Bayfield County by either or both parties. The court shall grant a judgment for the amount of the reimbursement, in favor of Bayfield County and against any party responsible for reimbursement.

504 Pre-trial – no rules promulgated

504.01 Order procedure for contested divorces
The court will set every action for divorce or legal separation for a stipulated final hearing/status conference upon the expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.

504.02 In any action affecting the family in which a minor child is involved, the following shall apply:

(a) Both parties shall attend and complete an educational program addressing the effects of divorce on children. A brochure containing a schedule of the dates, times, places and providers of the program shall be provided to each party by the Clerk of Court. The Educational Program shall be completed prior to the date of the final hearing herein, unless for good cause shown, a party is relieved of this obligation by the court.

(b) Each party shall be responsible for a payment of any fee payable at the time of the session. Each parent shall be responsible for providing proof of completion of the program to both the Bayfield County Clerk of Court and the Family Court Commissioner.

(c) A party may attend an alternative educational program not listed in the brochure with the approval of the Family Court Commissioner. Any party wishing to attend an alternative program must first contact the Family Court Commissioner. Any party attending an approved, alternative Educational Program shall be responsible for all costs thereof, and shall provide proof of attendance to the Bayfield County Clerk of Court and the Family Court Commissioner.

(d) No mediation shall take place until both parties attend and complete the Educational Program addressing the effects of divorce on children, unless the court, for good cause shown, orders otherwise.

(e) Failure by either party to comply with this Order shall be cause for imposing sanctions which may include dismissal, default judgment, contempt, monetary penalties, orders limiting or barring the presentation of testimony or introduction of evidence at trial, or any combination thereof, or such other or further sanctions as the Court may deem appropriate under the circumstances. The court may refuse to enter final judgment until such time as the provisions herewith have been completed.

504.03 The provisions of every judgment of divorce, annulment or legal
separation regarding child support and provision of health insurance for the parties minor children shall be submitted to the Bayfield County Child Support Agency for review prior to submission to the Court for signature.

Part 6: Foreclosure Practice

601 Service – no rules promulgated

Part 7: Juvenile Practice

701 Confidentiality – no rules promulgated

702 Definitions – no rules promulgated

703 Requests for Access – no rules promulgated

703.01 Form of Requests for Access – no rules promulgated

703.02 Deficient Requests for Access – no rules promulgated

703.03 Requests for Access by Victims of Juvenile’s Act or Acts – no rules promulgated

703.04 Procedure Upon Receiving Request – no rules promulgated

703.05 Request to Attend Court Proceedings – no rules promulgated

704 Delinquency Proceedings – no rules promulgated

705 Hearings – no rules promulgated

706 Notice to victims of Children’s acts – no rules promulgated

707 Plea negotiations

The circuit judges request trial counsel to pursue settlement at the earliest possible time. Recognizing the great inconvenience and expense that can be caused to the parties, jurors, witnesses, and the county, early settlements will be promoted by attorneys who have had timely consultations with their clients and who are prepared to discuss all aspects of their case.

Part 8: Probate Practice - No specific rules promulgated. All statutory authority shall govern.

801 Jurisdiction of the Probate Court

802 Responsibility within the Probate Court

802.01 General duties

802.02 Responsibility of the Probate Judge

802.03 Responsibility of Register in Probate/Probate Registrar

802.04 Responsibility of Court Commissioners

803 Filing of Documents

803.01 Fascimile Transmission of Documents to the Court: See Rule 207.

804 Scheduling

805 Estates – No specific rules promulgated. All applicable status shall apply.

805.01 Wills

805.02 Summary Settlement and Summary Assignment

805.03 Selection of Personal Representative

805.04 Hearing or Waiver of Hearing

805.05 Objection to Will

805.06 Objection to Claims filed

805.07 Tax clearances

805.08 Closing Estates

805.09 Extensions of Time to Closing Estates

805.10 Timeline to close estates

806 Trusts

806.01 Inventory

806.02 Closing

807 Guardianship, Conservatorship and Protective Placements

807.01 Temporary Guardianships

807.02 Guardianships

807.03 Conservatorships

807.04 Protective Placements

807.05 Watts

807.06 Termination of Guardianships

808 Civil Commitments

808.01 Commencement

808.02 Scheduling and appointment of examiners/counsel

808.03 Access to File

809 District probate timelines

Effective date: June 1, 2007

Estates	360 days
Informal Probate	360 days
Juvenile Delinquency	90 days*
Juvenile CHIPS	90 days*
Juvenile Ordinance	30 days
Termination of Parental Rights	120 days*

* Certain juvenile cases have shorter statutory time limits due to custodial or other situations. In these circumstances the statutory time period must be followed.

810 District forms

Part 9: Small Claims Practice

Effective date: December 15, 2003. Amended January 15, 2006

901 Service

Service of summons in small claims actions, except eviction actions, may be by mail
in lieu of personal or substituted service. Service by mail to obtain a personal
judgment shall be limited to Bayfield County.

Service may be made by mail leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed in Wis. Stats. §814.62(4).

The clerk shall mail a copy to each defendant at the last known address specified in the summons. Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date. All mailing of summons shall be done in envelopes which the clerks return address appears, with a request to return to that address.

901.01 Alternatives for service of summons and complaint

902 Appearance

a. A defendant may join issue in any of the actions specified in Wis. Stats. §799.01
without appearing at the return date by answering by mail and the court
receiving the answer prior to the return date.
b. The court shall promulgate a separate written guide for all Small Claims litigants.

c. A proper answer by the defendant under this rule shall be deemed an appearance by the defendant on the return date.

d. Any summons under Wis Stat. §799.05 (6) or (7) or §799.12(6)(c) and any notice under Wis. Stat. §799.16 (4) shall notify the defendant of the option to answer without appearing in court on the return date and the methods of answering permitted by this rule.

e. Plaintiff, shall appear or have an authorized representative appear on their behalf at the Initial Appearance.

f. The court has established a separate policy for small claims, a copy of which is attached hereto and incorporated by reference.

g. All post judgment motions to reopen or vacate default judgments shall require a filing fee of $50.00 to be paid to the Bayfield County Clerk of Circuit Court. If the court finds error on the court which, in part, caused the default, or if the request is denied, the filing fee shall be refunded.

903 Mediation Requirement – no rules promulgated

904 Party Identification – no rules promulgated

904.01 Parties not Properly Identified – no rules promulgated

904.02 Change of Address – no rules promulgated

904.03 Use of Work Address – no rules promulgated

905 Return Date – no rules promulgated

906 Settlements – no rules promulgated

907 Garnishment – no rules promulgated

Part 10: Traffic/Forfeiture Practice

Effective date: June 1, 2006

1001 When a not guilty plea is entered by a defendant, in a civil forfeiture proceeding, the court will set the matter for trial to the court. If the defendant demands a jury trial, jury fees must be received by the Clerk of Court within 10 days of the return date.

1002 All stipulated requests for continuance of a trial date shall require the consent of all parties in writing or on the record and must be for good cause shown. All non-stipulated requests for continuance must be by written motion and hearing and for good cause shown. Any continuance is subject to approval of the court.

1003 In civil forfeiture actions, all post judgment motions to reopen or vacate default judgments shall require a filing fee of $50.00 to be paid to the Bayfield County Clerk of Circuit Court. If the court finds error on the court which in part caused the default, or if the request is denied, the filing fee shall be refunded.

1004 Obtaining Bonds on Traffic Citations – no rules promulgated

Part 11: Late Settlement Assessments

Effective date: December 15, 2003

1101 The circuit judges request trial counsel to pursue settlement at the earliest possible time. Recognizing the great inconvenience and expense that can be caused to the parties, jurors, witnesses, and the county, early settlements will be promoted by attorneys who have had timely consultations with their clients and who are prepared to discuss all aspects of their case.

1102 When any civil, criminal, juvenile (14 or older), or other jury trial demand is withdrawn after 3:30 p.m. on the proceeding business day before trial, a jury fee of not less than $500.00, but not more than the actual jury cost to the county for a twelve person jury ($250.00, but not more than the actual jury cost to the county for a six person jury), will be assessed pursuant to §815.51 Wis. Stats.

Part 12: Out-of-state lawyers

Effective date: July 1, 1994

1201 Supreme Court Rule 10.03(4) shall be strictly enforced.

1202 A non-resident lawyer who wishes to appear in an action must petition the court in writing. The petition shall state the name of the active member of the State Bar who will participate with the non-resident lawyer.

1203 If the court grants the petition:

a. The active member of the State Bar shall appear in person at all proceedings held on the record, including those held out of court, such as depositions.

b. The active member of the State Bar shall review all pleadings, motions and other papers to be filed with the court. Both the non-resident lawyer and the active member of the State Bar shall sign all pleadings and motions.

1204 The non-resident lawyer is subject to the disciplinary authority of this state for conduct that occurs in connection with the action. SCR 20:8.5(2)

Part 13: Policy and procedures regarding threats against the judiciary and security incidents in the court

Effective date: July 1, 1994

1301 Threats are defined as written or oral declarations of an intention to inflict injury or pain upon individuals employed by or involved in the court system. Any threat shall be treated as serious.

1302 Security incidents are episodes of conduct in the courts in which the physical health or safety of participants or the physical property of the courts are put at risk.

1303 All threats and security incidents are to be immediately reported personally or by telephone to the sheriff's office.

1304 Court Security Officer

The sheriff is directed to designate an officer to serve as a court security officer. The court security officer shall be responsible for:

* referral and investigation of all threats and security incidents.
* assistance in training of court personnel in handling threats and security incidents.
* making recommendations to maximizing court security in the future.

1305 Training

Upon hiring, every employee (including elected officials) shall be trained in the policies and procedures of handling threats and security incidents, including the use and completion of the report form. Refresher training shall be scheduled for all court employees on a yearly basis. All training shall be coordinated by the circuit judge, clerk of court, and court security officer. To the extent possible, such initial and refresher training should include the following:

* the court's policies and procedures concerning threats and security incidents.
* the physical layout of the courts and escape routes from courtroom and court offices.
* recognizing when a threat is being made.
* responding to a bomb threat.
* responding to a hostage situation.
* techniques in remaining calm and avoiding panic during a stressful or potentially dangerous incident.
* techniques in responding to threats and security incidents in such a manner as to defuse the danger of the situation without placing the individual at physical risk.
* techniques in enhancing a person's personal safety either in the courts or elsewhere.
* telephone protocol when a threat is being made over the phone.
* handling irate or abusive individuals in person or over the telephone.
* knowing when to contact law enforcement because of immediate concerns with a "panic button" rather than by telephone.
* handling threats that are made away from the courthouse.
* gathering evidence for potential prosecutions.
* using the threat/security incident report form.
* role playing activities in order to familiarize the employee with the process or recording and reporting threats.

1306 Threat/Security Incident Report Form (GF-147)

A record shall be made of all threats and security incidents on the Threat/Security Incident Report form. Such record shall be made contemporaneously with the event being recorded as soon after as possible. The original of such report shall be transmitted to the Court Security officer. If deemed appropriate, a copy may be maintained in the court offices affected.

1307 "Panic buttons"

The panic button shall be used only in those cases where there is immediate dangerous or life-threatening activity that needs the presence of law enforcement officers. The Sheriff shall instruct officers acting under the sheriff to treat a panic button call as dangerous or life-threatening activity in process.

1308 Telephone threats

a. All court employees shall keep a copy of the Threat/Security Incident Report form immediately at hand beside all telephones on which calls from outside the courts can be received.

b. To the extent possible, while the person making the threat is still on the telephone, the report form should be completed. In not possible, the form should be completed as soon as practical while all information is still fresh in the mind.

c. The telephone on which a telephone threat was received should not be disconnected or hung up until such time as law enforcement personnel indicate that disconnecting is appropriate.

Wisconsin Circuit Court Rules