State Bar of Wisconsin

Ozaukee County
Circuit Court Rules
(Third Judicial District)

CRIMINAL/TRAFFIC COURT DIVISION RULES

• RULE 501: FELONY/MISDEMEANOR/CRIMINAL TRAFFIC CASE SCHEDULING
• RULE 502: TRAFFIC AND NON-TRAFFIC FORFEITURE CASE SCHEDULING
• RULE 503: CONTINUANCE POLICY
• RULE 504: CONSOLIDATION OR JOINDER OF CASES
• RULE 505: REQUIRED ATTENDANCE BY DEFENDANT AND AUTHORIZATIONS TO APPEAR
• RULE 506: CORRESPONDENCE
• RULE 507: VICTIM IMPACT PANEL MEETINGS
• RULE 508: TRUTH IN SENTENCING FORMS

RULE 501: FELONY/MISDEMEANOR/CRIMINAL TRAFFIC CASE SCHEDULING

501.1 MOTIONS BEFORE TRIAL

Each branch of the court may set its own policies as to whether a motion hearing may be scheduled prior to it being filed in writing with the court. Written motions shall be filed in the form required by statute and shall include, to the extent known at the time of filing, the relief sought, the legal basis or reasoning for the trial court to grant the relief, and an allegation of the facts which support the relief sought. Written motions shall include an estimate as to the length of time required for the matter to be heard.

501.2 STATUS CONFERENCE

All necessary parties, including victims as may be required by section 950.04, Wis. Stats., to an action shall appear at status conferences so the trial court may take any such action that may be necessary to process the underlying case, unless a party's appearance has been previously excused by the court or waived by the filing of a waiver of appearance in a misdemeanor or a criminal traffic matter.

501.3 ADJOURNMENT REQUESTS

A party requesting an adjournment of any scheduled hearing must notify the court clerk and opposing party (if present) of the request, inquire as to available dates for such adjourned hearing, and determine availability of each party on such dates, before the judge or commissioner takes the bench.

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RULE 502:

TRAFFIC AND NON-TRAFFIC FORFEITURE CASE SCHEDULING

502.1 DEFENDANT TO APPEAR AT ALL SCHEDULED PROCEEDINGS

A defendant failing to appear at any scheduled proceeding but having deposited money shall have the deposit forfeited. Where no deposit of money was made, a default judgment shall be entered against a defendant who fails to appear at any scheduled proceeding.

502.2 INITIAL APPEARANCE / PLEA

A defendant in a traffic and/or non-traffic forfeiture action shall enter a plea at the initial appearance. A defendant pleading not guilty shall be notified of the name of the assigned judge and shall receive a pretrial conference with the prosecuting attorney within forty-five (45) days of the initial appearance. The matter shall immediately proceed to disposition if the defendant pleads guilty or no contest.

502.3 NOTICE OF ENHANCED PENALTY

In every case involving a plea of guilty or no contest to a charge of operating a motor vehicle under the influence of an intoxicant or operating a motor vehicle with a prohibited alcohol concentration, the defendant shall personally execute a form notifying the defendant of enhanced penalties for subsequent convictions.

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RULE 503:

CONTINUANCE POLICY

Continuances from scheduled court dates shall not be granted except upon motion and good cause shown and then only after opposing counsel/party has had an opportunity to be heard.

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RULE 504:

CONSOLIDATION OR JOINDER OF CASES

504.1 INTRA-COUNTY CONSOLIDATION OF PENDING CASES

A defendant may request consolidation of pending cases amongst the various branches into the single branch assigned to one of the defendant's cases. Consolidation requires the consent of all parties and judges assigned to the cases being consolidated. Consolidation can be made only for purposes of plea/disposition and not for trial.

504.2 CONSOLIDATION IN ADVANCE OF DISPOSITION

Consolidation of cases shall not occur until the consolidated cases are scheduled for final disposition. If a consolidation is filed and a disposition does not occur, the files will be separated and rescheduled into the previously assigned courts. Once a finding of guilt has been made, that case may not be consolidated into another court.

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RULE 505:

REQUIRED ATTENDANCE BY DEFENDANT AND AUTHORIZATIONS TO APPEAR

In addition to the requirements of section 971.04, Wis. Stats., defendants are required to appear as follows:

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RULE 506:

CORRESPONDENCE

All parties sending correspondence to the court shall send a copy to the opposing party or parties or, if a party is represented by an attorney, to that party's attorney.

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RULE 507:

VICTIM IMPACT PANEL MEETINGS

All defendants convicted of third or greater offenses of OWI/PAC or of causing injury or death to another while OWI/PAC shall attend a victim impact panel meeting on a date ordered by the court.

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RULE 508:

TRUTH IN SENTENCING FORMS

At the time of sentencing, the District Attorney and the defense counsel is required to provide the court with the forms necessary to comply with the Truth In Sentencing requirements.

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