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Crawford County
Circuit Court Rules
(Seventh Judicial District)

In the Matter of:
RULES FOR CIRCUIT COURT

WHEREAS, the Court finds that the just, efficient and orderly administration of the business of the Circuit Court requires the adoption of Rules supplementing the Rules of Civil Procedure and other statutory directives,

NOW THEREFORE, the following Rules of Circuit Court are hereby promulgated and adopted for the Circuit Court of Crawford County, effective March lst, 1986.

All previous Rules of Court are repealed.

Dated this 18 day of February, 1986.

Rules of Decorum in Circuit Court

1. Court shall be formally opened each day upon which court business is transacted, either by the bailiff or the clerk of court.

2. As the judge enters the courtroom the bailiff or clerk of court shall require all present to arise and stand. When the judge has reached the bench the bailiff or clerk of court shall say, "Hear ye! Hear ye! Hear ye! The Circuit Court for the County of Crawford is now in session. Silence is commanded." All shall then be seated and the business of the court shall proceed.

3. In recessing, the judge shall announce: "The court is now in recess."

4. When trial is to a jury the jurors shall take their place in the jury box before the judge enters the courtroom.

5. The flag of the United States shall, at all times while court is in session, be displayed at, on, or in close proximity to the bench, on a standard to the right of the judge.

6. Lawyers may 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.

7. Lawyers shall stand when addressing the court.

8. Lawyers shall examine witnesses 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 said position at the counsel table or from the lectern. Lawyers may either stand while examining a witness from the counsel table or remain seated there. In no case shall a lawyer crowd the witness stand in examining the witness.

9. Lawyers shall not, in addressing the jury, crowd the jury box.

10. Lawyers, in examination of Jurors on voir dire, shall, insofar as practical, use collective questions, avoid repetition and seek only material information.

11. Lawyers, during trial, shall not exhibit familiarity with witnesses, Jurors, or opposing counsel, and generally the use of first names shall be avoided. In jury arguments no Jurors shall be addressed individually or by name.

12. All lawyers and court officers shall wear appropriate dress while in attendance upon the court. Pantsuits or dresses shall be appropriate for women. Men shall wear suit or sport coats and ties. Judicial discretion may be exercised otherwise in extreme situations.

13. Lawyers shall advise their clients and witnesses of the formalities.of the court, and seek their full cooperation therewith.

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

15. The swearing of witnesses should be an impressive ceremony and not a mere formality.

16. In jury cases which are disposed of upon motion for non-suit or directed verdict, the judge, in dismissing the jury, should briefly explain the procedure and why a verdict was unnecessary.

17. In criminal cases the defendant shall stand with his attorney before the bench at the time of arraignment, and at the time of passing sentence.

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

19. No beverage, other than water, shall be consumed or possessed in the courtroom while court is in session. Tobacco in any form shall not be used.

20. There shall be no unnecessary conversation, loud whispering, newspaper or magazine reading or other distracting activity in the courtroom while court is in session.

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Re: Court Commissioners

Court Commissioners, having been appointed by separate order, have the fullest extent of authority which statute authorizes for them. Commissioners shall wear suitable dress, excluding a robe. They may preside on the bench. Dignity and decorum, consistent with a courtroom, shall attend proceedings before a commissioner.

Initial appearances in criminal matters shall be on the record. Clerk's minutes shall constitute sufficient record in bail hearings when a court reporter is not available. All request for hearings by a Court Commissioner shall be made to the Clerk of Court or Judge.

Compensation to a Court Commissioner shall be paid by the county when authorized by the Judge at the rate established by SCR 81.02.

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Re: Filing of Pleadings and Papers

The venue of the action or proceeding shall be stated in the caption of the summons, pleadings or papers to be served or filed substantially as follows: "State of Wisconsin Circuit Court Crawford County."

All pleadings and papers which must be filed in any action shall bear in the caption the case number assigned by the Clerk of Court when the action is commenced. The use of backing paper or bluebacks is prohibited.

Copies of original summons, pleadings or papers shall not be attached or filed with certificates or affidavits of service.

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Re: Borrowing Court Files Regulated

The Clerk of Court and Register in Probate shall take a receipt for all files or papers withdrawn from their respective offices. No court file or paper may be withdrawn for use outside of the courthouse except upon the order of the Judge of the Court who shall limit the period during which it may be withdrawn.

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Re: Substitution and Withdrawal of Counsel

A substitution or withdrawal of an attorney of record shall be valid only upon court approval by:

a) Submitting a stipulation and order for substitution, or;
b) Upon motion to withdraw with proper advance notice to the parties in interest.

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Re: Furnishing Trial Briefs

Trial briefs furnished to the Court need not be served on opposing counsel. Such briefs shall not contain any general statement of the purported facts. When submitted they shall be filed with the Court at least two business days prior to trial.

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Re: Motion Practice

No motion shall be filed without a date and time shown for hearing obtained from the court.

A motion calendar shall be called on the first four Mondays of each month at 1:30 p.m. Motions not requiring lengthy testimony may be placed on the motion calendar by arrangement with the calendar clerk. Other motion dates may be set by the calendar clerk or presiding judge. Motions, affidavits, briefs and supporting papers shall be filed with the Clerk of Court prior to the day of hearing.

Should counsel for any party fail timely to give a notice, deliver supporting papers or serve a brief, the motion may be decided against his/her client for such cause, or the motion hearing may be adjourned with costs and attorney's fees being awarded to the inconvenienced party.

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Re: Service on Opposing Counsel

Except as otherwise ordered by the Court, before submission of any proposed findings, conclusions of law, judgment, briefs, memorandum, affidavit, requested instructions or verdict, a copy shall be served upon or mailed to opposing counsel with a letter or notation informing counsel that the original has been forwarded to the Court.

Objections, if any, shall be filed with the Court and a copy mailed to opposing counsel within five (5) business days after such service or mailing. In the event counsel does not file particularized objections to the form of said documents, the Court may deem objections to form to be waived.

This rule does not apply to:

1. Motions or supporting affidavits.

2. Trial briefs.

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Re: Continuances

If counsel or a party has good cause to request a continuance of any pretrial, trial, motion or other proceeding which has been scheduled by the Court, he shall immediately notify the Court and opposing counsel in the manner provided.

Unilateral phone calls or letters to the Clerk or Judge directly to avoid a time fixed for a pretrial, trial, motion or other proceedings are attempts to secure the consideration of the Court without reference to the rights of other parties in interest and their attorneys. Although phone messages and letters may be used from time to time when there exists just cause for a continuation without sufficient time for communication thereof by proper motion and notice, such emergency messages are provisional only and do not supercede a motion under Sec. 802.10.

Motions for Continuance Shall be Made in Accordance with Sec. 802.10
For adequate reason, the time limitations for hearing may be waived by the Court.

As an alternative to a motion under Sec. 802.10, counsel for a party may, having and representing that he or she has the consent of all other parties, request a continuance by letter to the presiding judge. This is not deemed a unilateral approach to the Court. However, consent of opposing counsel to a continuance will not be recognized as per se warranting the continuance. The Court will respond as to whether the continuance will be granted. To avoid scheduling conflict as a reason for continuance attorneys shall be prepared to immediately advise the Court of such conflicts when the Court sets dates from the bench or in conference.

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Re: Jury Trial Procedure

Where jury trials are scheduled to be tried within a stated period of time rather than a date certain, the parties and attorneys shall be prepared and available to try the case at any time during that period.

In cases where the Court orders a jury status conference prior to jury trial, both the attorneys and parties (unless excused) shall appear personally before the Court. In "CV" numbered cases only the attorneys need appear. The Court will inquire whether the parties are ready for jury trial. Motions in limine, waiver of jury trial, evidentiary problems, motions to amend or dismiss, approval of case settlement and acceptance of guilty pleas may be considered by the Court if appropriate. At the jury status conference the order of trials may be set.

All jury instructions in "CF" and "CV" numbered cases, and special verdict questions in "CV" cases, which an attorney may reasonably anticipate requesting at trial, shall be filed with the Court at the status conference, unless the Trial Judge otherwise directs. An original and one copy shall be furnished for use by the Court. Requests for Wisconsin Jury Instructions - Criminal or Civil may be cited by number. Other instructions shall each be on a separate sheet of letter size paper and each shall have noted thereon the citation of authority relied on to sustain such instruction.

If a case is settled prior to commencement of trial but after the status conference, the Court may assess jury costs to one or both parties. This sanction is in addition to that authorized by Sec. 814.51 Wis. Stats.

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Re: Filing Orders and Judgments

The moving party in any action shall prepare the necessary order, warrant, commitment or certificate and submit it to the judge for signature within five (5) days of the conclusion of the hearing. Findings of facts, conclusions of law and judgments shall be filed within thirty (30) days of the granting of judgment.

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Re: Sanctions

Sections 805.03 and 802.10(2) sanctions shall be considered by the Court in every case.

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Re: Courtroom Security

The following rules are adopted regarding courtroom security for the protection of court personnel, law enforcement, jurors, witnesses and bystanders:

    1. The Sheriff shall be responsible for courtroom security and may, when appropriate, with the consent of the presiding judge, adopt safeguards in addition to these rules.

    2. The Court will appoint and the Sheriff may deputize one or more bailiffs to attend upon the Court as requested.

    3. All prisoners shall be searched before being brought to court.

    4. All prisoners brought to court shall be accompanied by a law enforcement officer or bailiff.

    5. The use of handcuffs for prisoners is discretionary with the Sheriff or bailiff.

    6. No officer accompanying and within the reach of a prisoner shall wear a sidearm.

    7. Officer appearing in court as witnesses shall remove their weapons.

    8. At jury trials restraints shall be removed from the prisoner before entering the courtroom unless the presiding judge orders otherwise.

    9. Searches of courtroom spectators and witnesses shall be taken whenever the Sheriff or bailiff deems it necessary and advisable.

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Re: Confidential Records

Access to confidential records and reports shall be limited to the following persons:

    1. Court staff.

    2. Attorneys of record in the case.

    3. Parties to the action,(not including juveniles).

    4. Persons with a written order of the Court.

    5. Other persons specified in the statutes.

If there is any question as to whether a person should be allowed access to a confidential record, he or she should be referred to the Judge.

The following records are designated as confidential:

Childrens Code Cases - Chapter 48
Record of the juvenile court (including juvenile forfeiture cases under Sec. 48.17(2) Wis. Stats.) shall be entered in books and deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the Court, by Court rule or by statute. Authority - Sec. 48.396 Wis. Stats.

Paternity Cases
Any record of the proceedings shall be placed in a closed file, except that access to the records shall be allowed to the parties and their attorneys or their authorized representatives. Authority Sec. 767.53 Wis. Stats.

Guardianship for Incompetency and Protective Placement Proceedings
Court records pertaining to a person who is under guardianship for incompetency or under protective placement or for whom application has ever been made for same are not open to public inspection. Information contained in these records may not be disclosed publicly in such a manner as to identify individuals, but such records shall be available upon application for cause to persons approved by the Court or at the request of the guardian, ward or attorney of a ward. Authority - Sec. 55.06(17) and Sec. 880.33(6) Wis. Stats.

Mental and Alcoholic Commitments
The files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter. And individual's attorney or a guardian ad litem shall have access to such records without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission or commitment under this chapter or Chapter 971 or 975. In other situations, such records may be released to other persons only pursuant to the informed written consent of the individual or pursuant to order of the court which maintains the records. Authority Sec. 51.30(3) Wis. Stats.

Disclosure of Assets in any Action Affecting the Family
Information disclosed under this section shall be confidential and may not be made available to any persons for any purpose other than the adjudication, appeal, modification or enforcement of judgment of an action affecting the family of the disclosing parties. Authority Sec. 767.27(3) Wis. Stats.

John Doe Proceedings
Subject to Sec. 971.23, the record of such proceedings and the testimony taken shall not be open to inspection by anyone except the District Attorney, unless it is used by the prosecution at the preliminary hearing or the trial of the accused, and then only to the extent that it is so used. Authority - Sec. 968.26 Wis. Stats.

Search Warrants
A search warrant shall be issued with all practicable secrecy and the complaint, affidavit or testimony upon which it is based shall not be filed with the Clerk or made public in any way until the search warrant is executed. Authority - Sec. 968.21 Wis. Stats.

Presentence Investigation Reports
Unless otherwise ordered by the Court, presentence investigation reports shall be confidential and shall not be made available to any persons except upon specific authorization of the Court. Authority - 972.15(4) Wis. Stats. Access to records of monies received or dispersed under 767.29 which provides for maintenance payments for support of children to be made through the Court shall be limited to the parties to the action, their attorneys and the Family Court Commissioner. Authority - Sec. 767.29(l) Wis. Stats.

Preparation and Use of Court Ordered Reports
1. Presentence reports, juvenile court reports, custody studies, adoption studies, psychiatric evaluations and psychological studies shall be ordered or requested in writing to the appropriate agency. However, if the order or request is made from the bench the Clerk of Court will telephone the appropriate agency to advise them of the need for a study so that the agency may immediately begin it's investigation. The call will then be followed by a written order or request from the Judge or Clerk.

2. The report, study or evaluation shall be filed with the Clerk of Court not later than two (2) full business days prior to the day set for hearing (or earlier if required by statute or court order). All reports shall be filed with the Clerk. If the report is to be placed in a file open to public inspection it shall be enclosed in an envelope approximately nine inches by twelve inches and secured flat into the file. The envelope need not be sealed when filed, but shall, on the outside have typed the caption of the case, case number and identity of the report (e.g. "Presentence Report" or "Psychiatric Evaluation") and the word "Confidential".

3. The Clerk of Court shall file stamp the report and make copies for all current attorneys of record. If the report is to be placed in a public file the Clerk shall seal the original report in an envelope provided, seal the copies in other envelopes and place them in the file.

4. At any time during the two business days prior to the hearing (or earlier if required by statute or court order) counsel may pick up and take the report from the Clerk's Office. Counsel are prohibited from copying these court ordered reports. An adult person who is a party to the action but who is not represented by counsel may view the original court report in the Clerk's Office but will not be given a copy.

5. At the close of the hearing for which the court report was prepared the Clerk shall collect from all counsel copies of the report and shall destroy them.

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Re: Juvenile Intake Policy

Pursuant to Sec. 48.06(2) Wis. Stats the following intake policy is established and promulgated for the above named court:

    1. All services to the Juvenile Court, other than those performed by the Juvenile Court Worker, shall be rendered by the Crawford County Department of Human Services pursuant to County Board Resolution.

    2. The Court Intake Worker(s) shall be designated by the Director of the Crawford County Department of Human Services. The Juvenile Court Worker shall assist in the performance of intake services when requested by the Department or by the Court.

    3. The Crawford County Department of Human Services will provide twenty-four (24) hour per day, seven (7) day per week intake services through the use of on-call social worker staff. The intake process shall be as described in the Childrens Code.

Criteria for Referrals to Court
a) Ordinance violations charged by citation shall be reviewed by the intake worker for appropriateness.

b) All alleged delinquent acts which would be felonies if the child were an adult shall be referred to the District Attorney for petition. Informal supervision shall not be used.

c) An alleged delinquent act by a child already on supervision, whether formal or informal, shall be referred to the District Attorney for petition.

d) A child referred for the third time within a one year period, regardless of the handling of the previous cases, will be referred for petition.

e) A child who is alleged to have committed a delinquent act and whose sibling has previously been placed in the legal custody of the County or State will be referred for petition.

f) In CHIPS referrals discretion of the intake worker shall be used.

g) Where the District Attorney fails or refuses to file a petition within the time provided by statute, the intake worker shall immediately refer the matter to the Juvenile Court Judge.

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Re: Facsimile Transmission

Facsimile documents transmitted directly to the courts shall be accepted for filing only if:

    a. The Circuit Court has a facsimile machine capable of reproducing documents that meet the Supreme Court Rule 72.01 concerning retention of filed documents. Only plain-paper facsimile machines currently comply with this requirement.

    b. The Circuit Court has a facsimile machine physically located within the officers of the Clerk of Circuit Court or the Register in Probate.

    c. The document does not exceed six (6) pages in length, excluding cover sheet.

    d. No filing fee is required.

    e. No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.

Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the Court shall be accepted for filing only if:

    a. No filing fee is required.

    b. No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.

The party transmitting the facsimile document is solely responsible for ensuring it's timely and complete receipt.

The Circuit Court, Judge or Clerk 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.

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 S. 801.16, Stats.

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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Receiving and Disbursing Fee

Effective date: January 1, 1992.

Each party ordered to make payments for maintenance, child support, or family support under interim or final orders in an action affecting the family shall pay to the Clerk of Circuit Court an annual receiving and disbursing fee of $0.00.

Future modifications of Sec. 814.61(12)(b), Wis. Statutes, are incorporated into these rules as they become effective.

Dated this 4th day of December, 1991.

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Jury Duty

Pursuant to Section 756.02, the Court finds that the following persons shall be excluded from the jury panel and excused from service as jurors:

    1. Persons 70 years of age or older who request to be excluded or excused on account of age. The Court finds that a person of such age who makes such a request would endure undue hardship caused by the aging process if required to serve.

    2. Persons who have been summoned to serve as petit jurors within the last four year period who request to be excluded or excused from service as jurors for this reason. The Court finds that service by these persons would entail undue hardship and extreme inconvenience.

Furthermore, the Court orders in accordance with Section 756.28 that the length of jury service in Crawford County may not exceed a period of ten days unless more days are necessary to complete service in a particular case.

Dated this 23rd day of March, 1994.

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