Ozaukee County
Circuit Court Rules
(Third Judicial District)
CIVIL COURT DIVISION
- RULE 201: APPLICATION OF CHAPTER; FILINGS & PLEADINGS
- RULE 202: DISCOVERY
- RULE 203: PROCEEDINGS CONDUCTED BY TELEPHONE OR OTHER MEDIA
- RULE 204: MOTIONS
- RULE 205: TRIAL RULES
- RULE 206: GUARDIANS AD LITEM IN ADOPTION CASES
- RULE 207: SMALL CLAIM MATTERS
- RULE 208: MINOR SETTLEMENTS
- RULE 209: LATE SETTLEMENT ASSESSMENTS
RULE 201: APPLICATION OF CHAPTER; FILINGS & PLEADINGS
201.1 APPLICATION OF CHAPTER
The rules in this chapter shall apply to all civil proceedings, including large and small claims civil, probate, and family matters, unless otherwise provided in these local rules.
201.2 CASE CAPTIONS
All papers, pleadings, motions, etc. filed in any case must contain the case name, case number, the branch of court in which the matter is to be heard, the WCIS case classification code when required, and a brief description of the type of motion or pleading being filed, as well as a description of the relief sought where appropriate.
201.3 FIVE (5) DAY RULE; RULE ON SUBMISSION OF PROPOSED ORDERS OR JUDGMENTS
When a court has made an oral ruling, the prevailing party shall be responsible for preparing a written order or judgment based on that oral ruling, unless the court directs another party to do so. The party preparing that order or judgment shall do so under the “Five Day Rule” unless otherwise ordered by the court.
The “Five Day Rule” requires the following procedure to be followed: The submitting party shall send the proposed order or judgment to the court with a letter indicating that copies of the proposed order or judgment are being simultaneously mailed to each of the other parties (or to the attorney for any party represented by an attorney) along with a copy of the letter. The letter shall list all such persons to whom copies are being mailed, and those copies of the letter and the proposed order or judgment shall be mailed to each such person on the date indicated on the letter. The letter shall state that the order is being proposed under the “five day rule” and shall set forth the requirements for making an objection. Any party who believes that the proposed order or judgment does not accurately state the court’s ruling must send a written objection to the court, indicating the specific objection(s) and proposals for change, within five (5) business days of receipt of the proposed order or judgment. Copies of the written objection must be sent to each other party (or attorney for a party represented by an attorney), and the objection shall list all such persons. Copies of the objection must be mailed to all such persons on the date indicated on the objection.
201.4 DISMISSAL OF ACTIONS
Parties to a case are hereby notified that the assigned judge periodically shall set a dismissal calendar for all actions where no issue has been joined and which are six months old or older. If the action is not dismissed at the call of the calendar, counsel of record and/or parties not represented by counsel of record shall be directed to take certain action within a specified time.
201.5 EFFECT OF BANKRUPTCY
Any party who has knowledge or notice of a bankruptcy proceeding in which the bankruptcy debtor is a party to a pending action or matter shall inform the court of that fact. Except as otherwise provided in the United States Bankruptcy Code, such action or matter shall be dismissed or stayed upon notice to the court that a bankruptcy proceeding has been filed in the United States Bankruptcy Court with the understanding that the case may be reopened or stay lifted upon notification from plaintiff's counsel at any time in the future that the bankruptcy proceeding has been terminated or the stay lifted.
RULE 202: DISCOVERY
202.1 FORM OF DISCOVERY RESPONSES
An objection or an answer to an interrogatory shall reproduce the interrogatory to which it refers. A response or an objection to a request for admission shall reproduce the request to which it refers. A response or an objection to a request for production of documents shall reproduce the request to which it refers.
202.2 LIMITATION ON INTERROGATORIES
(a) No party may serve more than a total of fifty (50) interrogatories in any case upon any other party without the prior order of the court. For the purpose of computing the number of interrogatories served:
(1) each subpart of an interrogatory shall be construed as one interrogatory;
(2) parties represented by the same attorney or law firm shall be regarded as one party;
(b) If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the court pursuant to Rule 202.3 for permission to serve additional interrogatories. The motion shall state the necessity for the relief requested.
(c) The court will not compel a party to answer any interrogatories served in violation of this rule.
202.3 DISCOVERY MOTIONS
All motions relating to discovery or production of documents pursuant to Chapter 804, Wis. Stats., or any motion to serve additional interrogatories pursuant to Rule 202.2 must be accompanied by an affidavit by the moving party that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.
RULE 203: PROCEEDINGS CONDUCTED BY TELEPHONE OR OTHER MEDIA
203.1 NON-EVIDENTIARY PROCEEDINGS
(a) Any conference or hearing may be conducted by telephone or other electronic method with the prior approval of the court
(b) At the time of the request for telephone or other electronic media conference or hearing, the party making such request shall notify all attorneys of record and parties not represented by an attorney of the request that the proceeding will be conducted by telephone or other electronic media. The requesting party shall notify all others as to whether or not the request is granted.
(c) If a party intends to be personally present at a hearing scheduled as a telephonic proceeding, such party shall notify the court and all counsel of record and/or parties not represented by counsel of record of such intent at least twenty-four (24) hours prior to the hearing. Such election to appear personally shall not mandate the presence of other counsel of record or parties not represented by counsel of record, who may elect to appear telephonically.
203.2 EVIDENTIARY PROCEEDINGS
If a party wishes to provide for oral testimony to be communicated to the court by telephone or other electronic method:
(a) Such party shall contact the deputy court clerk or calendar clerk to determine if the court has the telephone or other equipment necessary to accommodate such request.
(b) If the court is equipped to receive oral testimony by telephone or other media, the requesting party shall contact all counsel of record and/or parties not represented by counsel of record to determine if all parties will stipulate to the taking of telephone or other electronic media testimony.
(c) If all parties stipulate to the admission of telephone or other electronic media testimony, the requesting party shall notify the deputy court clerk or calendar clerk of such stipulation at least twenty-four (24) hours prior to the scheduled testimony. The court may approve or reject such stipulation. The requesting party shall notify all other parties of the court’s determination.
(d) If all parties do not stipulate to the taking of telephone or other electronic media testimony, any party seeking to admit such testimony shall raise the issue by motion.
(e) Witnesses who are to appear by telephone or other electronic media shall be provided with copies of any documents from or about which they will testify in advance of the hearing. Copies of those documents shall be provided to counsel or unrepresented parties at the time of the testimony regarding such document.
203.3 CONDUCT OF TELEPHONE PROCEEDINGS
Initiation of Calls. Unless the court otherwise directs, all
telephone conferences and telephone testimony shall be initiated by the
party requesting the telephone conference or telephone testimony and any
long-distance call must be charged to their personal or business
office telephone numbers.
RULE 204: MOTIONS
204.1 EX PARTE REQUESTS FOR TEMPORARY RESTRAINING ORDERS
Except for petitions filed under sections 813.12, 813.122, 813.123, and 813.125, Wis. Stats., any party seeking to obtain an ex-parte temporary restraining order or temporary injunction shall include a written statement documenting a good faith effort to contact the party sought to be restrained or counsel for the party, if known, prior to the request and inform the party or counsel, if known, of the time such request will be made and the judge or court commissioner which will be hearing such request. The requirement of notification pursuant to this rule may be waived by the court for cause submitted in writing.
204.2 SUMMARY JUDGMENT AND DISMISSAL MOTIONS
(a) A motion for summary judgment under section 802.08, Wis. Stats., or a motion for dismissal under section 802.06, Wis. Stats., shall be filed with the clerk of circuit court, together with any brief, affidavits, or other supporting documents. If the moving party does not desire to file a brief, affidavits, or other supporting documents, the moving party shall file a statement waiving the right to file such brief, affidavits, or other supporting documents. In Branches I and II only, prior to the service and filing, the moving party shall obtain from the clerk a hearing date set not less than thirty (30) days from the service and filing of the motion, brief, affidavits, other support documents, or waivers thereof upon all counsel of record and/or parties not appearing by counsel of record with notice of the hearing date. If a moving party files a motion without a brief, affidavits, other supporting documents, or waiver thereof, or without obtaining in advance an appropriate hearing date, the clerk shall return such written papers with a copy of this rule.
(b) A respondent shall have fifteen (15) days from the service of the moving party’s motion within which to serve and file a brief, affidavits, or other supporting documents, or waive in writing the right to do so. If the respondent fails to file any brief, affidavits, or other supporting documents, or a waiver of the same within the fifteen (15) day period, it shall be presumed that respondent has waived the right to do so.
(c) A moving party shall have seven (7) days from the service of the respondent's answering brief, affidavits, or other supporting documents to serve and file a brief limited to matters in reply. The failure to timely file a reply brief shall be a waiver of the right to do so.
(d) Upon receipt of all briefs, affidavits, or other supporting documents, the moving party shall be responsible for contacting the Judicial Secretary to schedule a date and time for the hearing.
(e) A court order may prescribe a procedure different from this rule.
204.3 BRIEFING OF OTHER MOTIONS
(a) If a moving party desires to file a brief, affidavit, or other documents in support of a motion other than one for summary judgment or dismissal, such motion and supporting materials shall be served upon all counsel of record and/or parties not represented by counsel of record and filed with the clerk of circuit court no later than five (5) days before the time specified for the hearing.
(b) Response briefs, affidavits, or other supporting documents in opposition to such motions must be received by the moving party and filed with the clerk of circuit court no later than 4:00 p.m. of the second business day prior to the hearing of the motion.
204.4 LIMITATION ON LENGTH OF BRIEFS; CITATION OF NON-WISCONSIN JURISDICTIONS
(a) Without obtaining prior leave of the court, briefs may not exceed the following page limitations, exclusive of pages containing a statement of facts, exhibits, and affidavits;
(1) Moving party’s principal brief – twenty five (25) pages;
(2) Briefs in opposition – twenty five (25) pages;
(3) Moving party’s reply brief – ten (10) pages.
(b) Briefs in excess of the permitted length may be disregarded by the court.
(c) Copies of non-Wisconsin authorities shall be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).
204.5 UNTIMELY SERVICE AND/OR FILING
Any motion, brief, affidavit, or other supporting documents served and/or filed in an untimely fashion may be disregarded by the court.
204.6 ADJOURNMENTS FOR HEARINGS OTHER THAN TRIAL
The moving party for any hearing is the only party who can adjourn that hearing without a motion or stipulation. Exceptions to this rule may be made for guardians ad litem who have calendar conflicts and who were not consulted on date selection; or who legitimately need more time to investigate and make recommendations to the party and the court.
If a responding party refuses to grant an adjournment request, the party requesting an adjournment may request a court ruling on the adjournment request. It is the obligation of the requesting party to schedule a mutually convenient date for the adjournment request hearing by conference call with the appropriate court clerk and all other attorneys and unrepresented parties. Otherwise, the adjournment request will be heard on the date of the originally scheduled hearing, and the court will immediately rule as to whether the adjournment should be granted or whether the hearing will proceed as scheduled. Costs may be assessed against parties or attorneys who unreasonably refuse adjournment requests.
RULE 205: TRIAL RULES
205.1 PAYMENT OF JURY FEE
Pursuant to sections 805.01(2) and 814.61(4), Wis. Stats., jury demand must be made prior to or at the scheduling conference. Jury fees are due on the date of the scheduling conference or as otherwise provided by the court. Untimely payment shall constitute a waiver of jury trial.
205.2 ADJOURNMENTS
Written requests for adjournment of trial are required if time
permits. All requests
shall set forth specific reasons for the request. All
non-emergency requests should be by simultaneous notice to all other
parties. Once a matter is scheduled for trial that matter may be
adjourned only with the permission of the court.
205.3 EXAMINATION OF WITNESS
Only one attorney for a party, unless otherwise permitted by the court, may examine a witness, or object to questions to that witness.
205.4 EXHIBITS
Large exhibits (charts, models, maps, etc.), deposition transcripts
and physical evidence received at trial shall be retained, stored and
kept intact by the party offering same unless otherwise provided.
Upon the expiration of the time for appeal, if no appeal is taken, the
exhibit, transcript or evidence may be destroyed.
RULE 206: GUARDIANS AD LITEM IN ADOPTION CASES
Guardians ad litem and advocate counsel will be appointed by the court. In adoption cases, a deposit of $200 shall be made into the trust account of the attorney appointed prior to the commencement of work. Indigent parties who seek payment by Ozaukee County of guardian ad litem fees shall file the paperwork required by Rule 304.4.
RULE 207: SMALL CLAIM MATTERS
207.1 INFORMATION FROM THE CLERK OF COURT.
An informational packet relating to small claims procedures is available from the clerk of court for a nominal fee.
207.2 FORMS; FILING SUMMONS/COMPLAINT
Forms may be obtained from the clerk of court. The plaintiff must select an initial return date and enter that date on the summons and complaint before filing. The information packet contains instructions on how to select that date. The plaintiff must provide the original and at least three (3) copies of the summons and complaint at the time of filing the action.
207.3 SERVICE OF SUMMONS
The summons and complaint must be served on all named defendants by personal service or substituted service; service by mail is not allowed.
207.4 APPEARANCE ON INITIAL RETURN DATE
Except for eviction actions, a plaintiff need not appear on the initial return date if the plaintiff has filed a letter of appearance and affidavit of non-military service (forms and instructions available from the clerk of court) in a timely fashion such that it is received by the clerk of court no later than 12:00 noon on the last business day prior to the initial return date.
Except for eviction actions, a defendant need not appear on the initial return date if the defendant has filed a written answer with the court, with a copy to plaintiff(s), in a timely fashion such that the answer is received by the clerk of court and the plaintiff(s) no later than 12:00 noon on the last business day prior to the initial hearing.
207.5 EVICTION ACTIONS APPEARANCE ON INITIAL RETURN DATE
Plaintiff(s) and defendant(s) must appear on the initial return date if the action includes a request for eviction.
207.6 PRETRIAL CONFERENCE
A pretrial conference will be scheduled in every small claims action. The parties will be encouraged to engage in mediation to resolve the dispute. Attorneys or legal representatives appearing for parties to the action must have full settlement authority.
Parties must bring the following items to the pretrial conference:
(a) The original and two (2) copies of each item of physical evidence which they intend to present at trial;
(b) The original and two (2) copies of a list of witnesses whom they intend to call at trial. The list must include each witness’ full name, address, telephone number, and a very brief summary of that person’s expected testimony.
(c) Telephone appearances are not allowed.
207.7 REQUEST FOR ADJOURNMENT OF PRETRIAL
Requests for an adjournment must be made in writing to the clerk of court, with a copy sent to the opposing party. The request must be received by the clerk of court not less than ten (10) days prior to the scheduled date. Cases will not be adjourned unless good cause is determined by the court. The small claims clerk will notify the parties in writing of the new pre-trial date if an adjournment request is granted.
RULE 208: MINOR SETTLEMENTS
208.1 FILING
All petitions for minor settlements under section 807.10, Wis. Stats., shall be filed with the clerk of circuit court and assigned to a judge of the civil division.
208.2 CONTENTS OF PETITION
A petition for approval of minor settlement shall include a concise statement of the following to wit:
(a) age of the minor;
(b) nature and extent of the injury giving rise to the claim;
(c) permanent or temporary character of injuries;
(d) facts, events and circumstances out of which the claim arises, including time, place and persons involved;
(e) amount of and manner of determination of attorney fees and guardian ad litem fees; and
(f) proposed distribution of funds.
208.3 HEARING
Upon hearing the petition for approval of this settlement, the minor, his/her attorney and at least one of his/her parents, shall be in attendance. The court may, for cause, dispense with such personal appearances. It may require production of other evidence relating to the claim and injury.
RULE 209: LATE SETTLEMENT ASSESSMENTS
209.1 PURSUIT OF SETTLEMENT
The circuit court judges request trial counsel to pursue settlement at the earliest possible time. When any attorneys feel the court can be helpful, a request for a pretrial settlement conference can be made. Recognizing the great inconvenience and expense that can be caused to parties, jurors and witnesses, early settlements will be promoted by attorneys who are prepared to discuss all aspects of the case.
209.2 JURY FEES
When a civil jury trial is settled within two (2) business days of the trial date, jury costs for a twelve (12) person jury or for a six (6) person jury may be assessed by the court.
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