State Bar of Wisconsin

Jefferson County
Circuit Court Rules
(Third Judicial District)

Family Practice Rules Revised March 1, 2005

1.00 DEFINITIONS

2.00 FILING, WAIVER OF FEES, SERVICE AND NOTICE REQUIREMENTS

3.00 DOMESTIC ABUSE AND HARASSMENT INJUNCTION PROCEEDINGS

4.00 EX PARTE PRACTICE

5.00 TEMPORARY ORDERS HEARINGS

6.00 PRE-TRIAL PRACTICE

7.00 FINAL HEARNIGS AND PREPARATION OF FINAL DOCUMENTS

8.00 CHILD SUPPORT AGENCY PROCEEDINGS

9.00 POST-JUDGMENT PRACTICE

10.00 GUARDIANS AD LITEM

11.00 LEGAL CUSTODY, PHYSICAL PLACEMENT, AND VISITATION

12.00 HEARING DE NOVO

13.00 REQUIRED FORM AND CONTENT OF CERTAIN DOCUMENTS

14.00 MISCELLANEOUS MATTERS

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FAMILY COURT LOCAL RULES

1.00 DEFINITIONS

1.01 "Court" means the Jefferson County Circuit Court, acting by the circuit judge having assignment of an action, the family court commissioner or another circuit judge acting at the direction of the assigned circuit judge, exercising subject matter jurisdiction under Chapters 767, 769, 785, 813, and 822.

1.02 "Court Personnel" means all court support staff, judicial assistants, Clerk of Court staff, Family Court Commissioner staff, Family Court Counseling Services staff, court reporters, law clerks, bailiffs, and others subject to the direction and control of the judge or family court commissioner.

1.03 "Ex Parte communication" means communication with a circuit judge or the family court commissioner regarding a pending or impending action or proceeding, directly or indirectly through any other person, including support staff or other court personnel, or by mail or email, to the exclusion of other parties.

1.04 "Ex Parte proceeding " means any presentation to and consideration by the judge or family court commissioner of a request for an order, without prior notice to or participation of the other party or attorney for the other party.

1.05 "Filing" means submission of pleadings and papers, in proper form with the required fee or order waiving fees, to the Clerk of Court for entry in the official court file.

1.06 "New Action" means a newly commenced "action affecting the family" as defined in sec. 767.02(1), Stats., except as to certain actions under sec. 767.02(1)(i), defined below.

1.07 "Post-Judgment Action" means any petition, motion or order to show cause, under sec. 767.02(1)(i), Stats., for enforcement or revision of an order or judgment granted in this state.

1.08 "Pending action" refers to all proceedings in any new action and any post- judgment action, prior to judgment or final orders on all issues therein.

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2.00 FILING, WAIVER OF FEES, SERVICE AND NOTICE REQUIREMENTS

2.01 Filing: All pleadings and papers required or permitted to be filed to commence a new action, to make any request in a pending action, or to commence a post-judgment action, shall be filed with the Clerk of Court. Submitting any original pleadings or other papers to the Family Court Commissioner or the Child Support Agency does not constitute and will not be treated as a filing.

2.02 Waiver of Costs and Fees: Petitions for waiver of costs and fees shall be submitted for review by the family court commissioner, or in the commissioner's absence, to the Clerk of Court for referral to a judge. The family court commissioner or judge may question the petitioner regarding the income, employment and related information alleged, and shall either grant the waiver, or deny the waiver but defer payment to a date certain after filing, or deny the waiver and require payment at the time of filing. In the event of a waiver, at any time before or upon the conclusion of the case, the family court commissioner or the judge may order either or both of the parties to pay the costs and fees in part or in full by a date certain.

2.03 Service Upon and Notice to Other Parties: The attorney or pro se party filing any pleading or other paper shall provide timely service on and notice to the other party or parties. Pursuant to sec. 801.14(4), Stats., the filing of any paper required to be served constitutes certification by the party so filing that prior to filing he or she has provided all other parties with copies in a manner required or permitted by statute, rule or court order.

2.04 Notice of Retainer and Withdrawal: An attorney first appearing for a party who has been served with a summons and petition or other pleading shall file and serve all counsel of record or pro se parties (and the CSA when the agency has either filed the initial action or has filed a Notice of Appearance) with a notice of retainer by or before his or her first appearance or filing of a pleading. After a notice of withdrawal has been filed or when the action is concluded by final orders and the expiration of the time for appeal, the attorney's representation of a party is deemed concluded. No further notices or pleadings will be sent to the attorney until a new notice of appearance or notice of retainer is filed. An attorney of record withdrawing from the representation, unless by stipulation and order for substitution of counsel, shall file a formal notice of motion to withdraw, returnable before the circuit judge, and remains counsel of record unless and until an order permitting withdrawal is filed and conformed copies are provided to all counsel of record (including the CSA), guardians ad litem, pro se parties, and in pending actions for divorce or legal separation, the family court commissioner.

2.05 Notice of Appearance by the Child Support Agency: The Child Support Agency, upon receiving formal notice of an action or otherwise becoming aware of a pending action in which, under sec. 767.075, Stats., the State of Wisconsin is a real party in interest, shall file a Notice of Appearance and provide a copy to all counsel of record, pro se parties, guardians ad litem and, in pending actions for divorce or legal separation, the family court commissioner.

2.06 Child Support Agency Notice of File Closure: In cases defined by DWD rules as "Non-IV-D cases" the Child Support Agency may close its file upon any of the following : a) expiration of the statute of limitations for enforcement of the child support order, b) termination of the obligation for current support and payment or entry of a stipulation and order for waiver and cancellation of all arrears, interest and fees, c) termination of the obligation for current support and a de minimis balance on arrears, interest, costs and fees, d) termination of the obligation for current support and entry of an order expunging fees and costs of record.

2.07 Notice to the Family Court Commissioner in Certain Actions: Pursuant to sec. 767.14, Stats., the attorney or pro se party filing any pleading or paper in an action for divorce or legal separation shall provide copies to the family court commissioner, in Room 218 of the Jefferson County Courthouse. If a hearing is set or requested at the time of filing, the copies shall be provided before or at the time of filing, and otherwise shall be provided within 20 days of filing.

SUSPENDED EFFECTIVE: January 16, 2009.

2.08 Notice to the Jefferson County Child Support Agency: Pursuant to sec. 767.15, Stats., notice to the Child Support Agency (CSA) of the filing of any pleading and of any hearing scheduled on the pleading is required if the party filing has applied for or is receiving or knows that the other party has applied for or is receiving CSA services or any form of public aid for the parties' children (Child Care Assistance, Medical Assistance, Badger Care, Food Stamps, Foster Care, Kinship Care, W-2, or Healthy Start) or the party or attorney filing has received a Notice of Appearance from the CSA. Notice shall be provided to the CSA in room 219 of Jefferson County Courthouse five days (eight days if by regular mail) prior to the hearing of which the pleading gives notice, and if no hearing is set, within 20 days of filing. Failure to provide timely notice to the CSA is grounds for adjournment of the hearing or reconsideration of the resulting orders.

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3.00 DOMESTIC ABUSE AND HARASSMENT INJUNCTION PRODCEEDINGS

3.01 Temporary Restraining Orders: Petitions for domestic abuse and harassment injunctions and temporary restraining orders under secs. 813.12 and 813.13, Stats., shall be submitted to the family court commissioner for review, or in the commissioner's absence, to the Clerk of Court for referral to the intake judge or another judge for review. The family court commissioner or judge may question the applicant regarding the facts stated in the petition, and may require amendment of the affidavit. The court shall grant or deny the temporary restraining order upon determination of the legal sufficiency of the affidavit, and unless there is good cause shown for shorter time, shall require service no less than 48 hours before the hearing.

3.02 Scheduling and Assignment of Injunction Hearings: All petitions for domestic abuse and harassment injunctions shall be filed as civil actions. After the family court commissioner or judge has acted on the request for a temporary restraining order, the petitioner shall present the papers to the Clerk of Court, who shall set a date for hearing on the petition for an injunction. If a family court action between the parties is pending or is filed at the same time, the clerk shall assign the injunction matter to the judge assigned to the family court case, if practical, and otherwise to the intake judge.

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4.00 EX PARTE PRACTICE

4.01 Affidavit of Party, Fact Witness or Expert Witness Required: Motions for ex parte orders must be accompanied by:

4.02 Order Shortening Time for Notice of Hearing: The proposed ex parte order shall include an order shortening time for notice, and if the order is granted, the court shall set the matter for hearing within three (3) days.

4.03 Notice of Issuance of Ex Parte Order and Emergency Hearing: The party obtaining an ex parte order shall provide copies of the pleadings and ex parte order to all counsel of record (including any guardian ad litem) and pro se parties within the time specified in the order.

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5.00 TEMPORARY ORDERS HEARINGS

5.01 Calendar and Scheduling Practice: Hearings for temporary orders under sec. 767.23, Stats., shall be scheduled before the family court commissioner, for not more than one hour, within ten (10) business days of the request for such hearing or as soon thereafter as the calendar permits. Upon a request accompanied by a statement of reasons, the hearing may be set for more than one hour, or for additional time after the initial hearing.

5.02 Preliminary Financial Disclosure and Other Required Preparation: Each party shall file a preliminary financial disclosure statement with attached documentation of income on or before the date of the hearing, on the court's standard form or a substantially equivalent form. The offices of the Family Court Commissioner and Clerk of Courts will keep the financial statements sealed. Counsel and pro se parties shall also be prepared to present proposed temporary orders (which may be in written form) and supporting information, evidence and analysis. Upon failure of either party to file a preliminary financial disclosure statement and the required documentation of income, the family court commissioner may accept the prepared party's financial statement and information concerning the other party's income as a basis for temporary orders, may adjourn the matter for further hearing, and may assess costs.

5.03 Preparation of Orders: Responsibility for preparation of the findings and orders resulting from the hearing shall be assigned to counsel by the family court commissioner. The findings and order shall be submitted within ten (10) business days after the hearing. If both parties are pro se, the family court commissioner will prepare the findings and orders.

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6.00 PRE-TRIAL PRACTICE

6.01 Case Status Reports: Unless the parties have filed a full Marital Settlement Agreement, by or before the expiration of 90 days after service of the action upon Respondent (or, if the parties are joint petitioners, 90 days after filing), each party or attorney shall file a Case Status Report on a form provided by the family court commissioner or a substantially equivalent form.

SUSPENDED EFFECTIVE: January 16, 2009.

6.02 Pre-Trial Orders Upon Case Status Reports: Upon receipt of Case Status Reports from both parties, the family court commissioner shall enter such pre-trial orders as may be appropriate and necessary to efficient case administration and readiness for trial of contested issues. A party having complied with Rule 6.01 may, upon the other party's non-compliance, file a motion for pre-trial orders and a proposed order. The family court commissioner may enter the proposed order or some other pre-trial order, without hearing. The party having complied with Rule 6.01 may request a pre-trial hearing only upon specific reasons requiring a hearing. If the family court commissioner determines that an in-court pre-trial proceeding is required, the commissioner may waive such proceeding to the trial judge.

SUSPENDED EFFECTIVE: January 16, 2009.

6.03 Telephone Status Conferences and Supplemental Case Status Reports: The family court commissioner may, from time to time, schedule telephone status conferences or require updated Case Status Reports.

6.04 Appraisals: If there is a dispute as to the value of real estate or personal property (including retirement accounts), the court may appoint an appraiser. The parties may select the appraiser by joint request. Each party shall initially pay one-half of the cost of the court-ordered appraisal, subject to trial claims for reimbursement. Each party shall fully cooperate with the appraiser. The written appraisal shall be admitted into evidence without testimony by the appraiser. Any party may call the appraiser as a witness at his or her own expense, upon compliance with the judge's scheduling order for naming expert witnesses. Within the deadline set in the judge's scheduling order, a party may obtain additional appraisals at the party's own expense (subject to trial claims for costs). Unless otherwise addressed in a scheduling order, use of such additional appraisal reports at trial is conditioned on having provided copies to counsel of record and pro se parties within 30 days after receipt or 30 days before trial, whichever is earlier.

6.05 Discovery Proceedings: Motions to compel discovery and for sanctions for failure to make discovery shall be returnable before the assigned circuit judge.

6.06 Suspension of Proceedings to Effect Reconciliation: A pending action for divorce or legal separation shall be suspended for 90 days, or such lesser period as requested by the parties to permit reconciliation efforts, upon filing a stipulation on the court's form for that purpose. Upon the parties' determination at the end of the suspension period that the reconciliation is successful, they shall file a notice of dismissal of the action. Otherwise, they shall each file a Case Status Report at that time. Upon their failure to do so or otherwise file pleadings to pursue the action, the family court commissioner shall file a motion for dismissal under sec. 803.11, Stats.

6.07 Marital Settlement Agreements: Marital Settlement Agreements shall be submitted to the family court commissioner for approval as to form, after signature of all parties, including any guardian ad litem and the Child Support Agency if the state is a real party in interest.

6.08 Petitioner's Request: Upon Respondent's failure or refusal to file one or more Case Status Reports and to communicate with the pro se petitioner or counsel for petitioner about the case, counsel or a pro se petitioner may submit the case upon a "Petitioner's Request" (on the court's form or a substantially equivalent form) to the family court commissioner for approval as to form.

6.09 Certificate of Readiness: Upon issuing a legal custody and physical placement study, the family court commissioner shall issue a Certificate of Readiness stating the date of expiration of the 120-day waiting period under sec. 767.083, Stats., and the date the custody study report is due, as well as the other known or likely trial issues, and the trial time required. Otherwise, the family court commissioner shall so certify the case upon identification of trial issues or approval of a Petitioner's Request. The Clerk of Court shall promptly forward the file to the trial court's judicial assistant upon entry of the Certificate of Readiness.

SUSPENDED EFFECTIVE: January 16, 2009.

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7.00 FINAL HEARINGS AND PREPARATION OF FINAL DOCUMENTS

7.01 Stipulated Divorces: As provided in sec. 757.69(1)(p) Stats., upon approval of a full Marital Settlement Agreement, the final hearing will be scheduled before the family court commissioner, subject to its waiver to the circuit judge, by Certificate of Readiness. The parties may amend the MSA on the record at the final hearing and any such amendment shall be noted in the Findings of Fact, Conclusions of Law and Judgment of Divorce. However, the family court commissioner may not modify the MSA on material issues and shall, upon disapproval of any such agreement, certify the case to the assigned circuit judge.

SUSPENDED EFFECTIVE: January 16, 2009.

7.02 Default Divorces: The family court commissioner will routinely certify cases submitted on a Petitioner's Request to the circuit judge for final hearing. The commissioner will preside as authorized in 757.69(1)(p) Stats., only upon direction of the assigned circuit judge upon a finding that reasons of health, safety or undue financial harm require final hearing earlier than can be scheduled before the assigned judge or any other circuit judge.

SUSPENDED EFFECTIVE: January 16, 2009.

7.03 Trial Scheduling and Notice: Upon receipt of a Certificate of Readiness, the assigned judge's judicial assistant shall issue a Notice of Trial and such scheduling and pre-trial orders as directed by the judge. Trial shall be scheduled no sooner than six (6) weeks after the date a custody and placement study report is due. Any scheduling and pre-trial order issued by the trial judge after receipt of the Certificate of Readiness shall supercede the terms of any prior pre-trial order with which it is inconsistent.

SUSPENDED EFFECTIVE: January 16, 2009.

7.04 Preparation of Findings of Fact, Conclusions of Law and Judgment: If the judgment is based on a Marital Settlement Agreement or Petitioner's Request, counsel for petitioner or the petitioner pro se shall submit the Findings of Fact, Conclusions of Law and Judgment at the final hearing. The responsibility for preparation of Findings of Fact, Conclusions of Law and Judgment granted after trial shall be assigned upon the court's oral decision or memorandum decision, and shall be due within thirty (30) days of the date of such oral or written order. The drafter shall send the original to opposing counsel as to form. Opposing counsel shall within ten (10) days of receipt, sign and submit the original to the court, or inform the drafter and the court, in writing, of any objections as to form.

7.05 Qualified Domestic Relations Orders: All Qualified Domestic Relations Orders shall be prepared for the signature of the circuit judge assigned to the case.

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8.00 CHILD SUPPORT AGENCY PROCEEDINGS

8.01 Calendar Practice: Pursuant to a "Cooperative Agreement" (under Department of Workforce Development requirements) among the Child Support Agency (CSA), the County Administrator, and the court, the family court commissioner shall reserve portions of the hearing calendar for CSA proceedings. The total time to be reserved is subject to modification as stated in the agreement and in any event with each contract renewal. The particular days and times for such scheduling shall be determined by consultation between the Director of the CSA and the family court commissioner department head. All CSA actions to establish paternity, to compel support, to enforce support (including proceedings under the Uniform Interstate Family Support Act), and to revise support shall be set within the reserved time. Any such scheduled reserved time cancelled due to unavailability of the family court commissioner shall be rescheduled, and may be placed on the family court commissioner's general calendar if prompt rescheduling is not feasible within CSA reserved time.

8.02 New Actions, in General:

8.03 Actions to Compel Support: Actions to compel support pursuant to secs. 767.02(1)(f), 767.077 and 767,62, Stats., shall be returnable before the family court commissioner. If there are no motions pending or orders entered in other actions in this county or elsewhere concerning legal custody and physical placement, the court shall address those matters.

8.04 Paternity Proceedings:

8.05 Consolidation of Cases: Whenever the parties to a new paternity action or action to compel support are parties to one or more prior such judgments in this county, the judgment entered in the new action shall fully consolidate the prior actions into the new action, in which the caption shall thereafter be modified accordingly. If one or more prior such judgments involving the parties have been entered elsewhere in this state and the children's residence is in this county, the CSA or attorney of record shall make a reasonable effort to transfer venue of such other cases to this county and upon such change of venue, shall apply for an order consolidating such cases into the parties' most recent action resulting in a judgment in this county.

8.06 Other CSA Proceedings: Pursuant to secs. 767.075 and 757.69(1)(p), Stats., the family court commissioner shall conduct hearings and enter orders in actions under the Uniform Interstate Family Support Act (UIFSA) (Ch. 769, Stats.), and actions for enforcement or revision of judgment for maintenance, child support or family support, subject to review by the assigned circuit judge as provided by Rule 12.

8.07 CSA Appearances in Other Actions: In any privately filed action in which the State of Wisconsin is a real party in interest the CSA may file pleadings and schedule hearings returnable within the time reserved for CSA proceedings, or on the family court commissioner's general calendar (without scheduling priority). Any such post-judgment matters scheduled on the general calendar are subject to Rule 9 and Rule 13.04.

8.08 Income Withholding to Collect Arrearages:

8.09 Contempt Proceedings: CSA child support contempt actions shall proceed in two stages:

8.10 Failure to Appear: Upon failure of payer or payee to appear after personal service of an order to appear, the family court commissioner may impose costs and may also issue a bench warrant for the arrest of the non-appearing party. Failure to appear at the contempt hearing before the family court commissioner (unless excused by the court) waives the right to a hearing de novo.

8.11 Hearings on Objection to Tax Refund Intercept: As provided in sec. 49.855(3), Stats., a party may object to a notice of intent to intercept a tax refund by submitting a Notice of Objection to the family court commissioner on a form provided by the Child Support Agency. (The objecting party may also provide verbal notice to the CSA as soon as possible.) Within ten (10) days of receipt of the Notice of Objection, the family court commissioner shall issue a notice of hearing and provide it to the CSA for filing with the court and distribution to the parties. The hearing shall be limited to the issues of whether the party owes the amount certified by the CSA to initiate the intercept, and if not, whether the refund should be held for future child support or maintenance.

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9.00 POST-JUDGMENT PRACTICE

9.01 Case Assignment: Each post-judgment action is assigned to the circuit court branch assigned the case at the time of judgment.

SUSPENDED EFFECTIVE: January 16, 2009.

9.02 Enforcement and Revision of Judgment: All post-judgment pleadings for enforcement and revision of judgments and orders shall be submitted, before filing, to the family court commissioner for review and scheduling assignment. The family court commissioner shall examine such papers for compliance with local rules and statutory requirements, order amendment of pleadings, if needed, and determine proper case assignment and scheduling of hearings before either the family court commissioner or the assigned circuit judge.

9.03 Matters Generally Heard by the Family Court Commissioner: Matters that will ordinarily be scheduled before the family court commissioner upon the review required under Rule 9.02 are: emergency hearings for revision of legal custody and physical placement orders, enforcement of physical placement orders, preliminary matters in actions for revision of legal custody and physical placement orders, revisions of custody and placement that are not "substantial modifications" within the meaning of sec. 767.325, Stats., preliminary matters and temporary orders in disputes concerning proposed changes in the child's residence under sec. 767.327, Stats., hearings of two hours or less in revision or enforcement of support (including uninsured medical expenses) and maintenance orders, and preliminary matters and conciliation conferences in enforcement of orders concerning property and debts. The family court commissioner may, however, waive such proceedings to the assigned circuit judge.

9.04 Matters Generally to be Heard by the Assigned Circuit Judge: Matters that will ordinarily be scheduled before the assigned circuit judge upon the review required under Rule 9.02 are: Final hearings under sec. 767.325, Stats., for "substantial modification" of custody and physical placement, final hearings in matters under sec. 767.327, hearings of more than two hours in revision or enforcement proceedings pertaining to support and maintenance orders, and proceedings for enforcement of orders concerning division of property and debts.

9.05 Relief from Judgment: All motions or other pleadings for relief from judgment under sec. 806.07, Stats., shall be directly returnable before the assigned circuit judge. If such a pleading is filed without a return date already obtained from the circuit judge's judicial assistant, the Clerk of Court shall promptly forward the pleading and the file to the judicial assistant for scheduling.

9.06 Disputes Concerning Proposed Changes in the Child's Residence (sec. 767.327, Stats):

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10.00 GUARDIANS AD LITEM

10.01 Guardian ad litem List: Attorneys qualifying under applicable Supreme Court Rules and willing to accept appointments under the following provisions shall notify the presiding judge or the family court commissioner. The court shall maintain and from time to time update a list of such attorneys.

10.02 Timing, Scope, and Termination of Guardian ad litem Appointment: The commencement, scope, duties, limitations and termination of a guardian ad litem appointment shall be in accordance with sec. 767.045, Stats. Continuation of an appointment after final orders or appeals in the proceeding in which the appointment was made requires an order specifying the purpose and term of the continuing appointment and payment responsibilities.

10.03 Direct Payment by Parties: The orders shall require payment by the parties (or one party only, if the other is indigent) directly to the GAL. The standard deposit shall be $1,000. Unused deposits are subject to refund. The GAL. shall provide the parties with regular periodic billing statements, at the appointed attorney's usual and ordinary private billing rate.

The parties and counsel of record may jointly propose the attorney to be appointed as GAL., by filing an agreement between the parties and the proposed GAL. The agreement shall specify the deposit amount, the hourly rate, and payment responsibilities.

Upon failure of a party to comply with a payment order, the GAL. may file enforcement proceedings.

Objections to a GAL. bill must be filed with the court within five (5) days of receipt. The objection must be itemized, corresponding to the itemization in the billing statement, and must give specific reasons for each objection. Upon such an objection, the court may set the matter for hearing or may defer such hearing to trial or the next scheduled hearing before either the family court commissioner or the trial judge.

Effective: September 10, 2008

10.04 County Payment when all Parties are Indigent: Indigence is presumed if a party is receiving any form of means-tested public assistance, or has income not exceeding 185% of the federal poverty standard. However, total economic circumstances shall be considered in determining ability to pay, including but not limited to, earning capacity if the person is unemployed or underemployed, payment or receipt of child support and/or maintenance, savings or other liquid assets, equity in real estate, other substantial assets, and debts.

If all parties are indigent, the GAL fees and costs are payable by Jefferson County at the hourly rate of $70.00.  GAL petitions shall be submitted to the court in accordance with the provisions set forth herein at rule 10.05 and copies shall be provided to all parties.   In the event that an order under 10.03 for payment at the private rate, is later converted to an order for county payment, the county rates shall apply to all services (including past due charges for fees and costs) ordered paid by the county. 

Orders issued by the court for county payment of GAL fees and costs shall inform the parties that reimbursement may be ordered at any time during the case if the party is no longer indigent, that upon conclusion of the case the court will enter a judgment for fees and costs paid by the county along with an order for reimbursement based on ability to pay, and that real estate owned, jointly or severally by the parties now or in the future is subject to a lien in favor of the county.  Reimbursement may also be enforced by tax intercept, civil judgment or other collection methods.

Effective: October 26, 2009

10.05 G.A.L Billing Practice: (1) The GAL, whether paid by the county or by the parties, shall submit billing statements at least once per quarter.  When billing the parties privately, the GAL shall comply with the provisions of Supreme Court Rule 20:1.15 regarding any disbursement of funds held in the GAL’s client trust account.  When billing one or more parties, the GAL shall file copies with the court.  When filing a petition and proposed order for payment by the county, the GAL shall provide copies of the petition, order and billing statement to all parties.

(2) GAL petitions for fees and costs shall be submitted in accordance with the following restrictions:

1. Petitions shall be accompanied by a proposed order for payment and a billing statement detailing only the charges for which the GAL is petitioning for payment,
2. Petitions shall only be made more than quarterly if the sum of the fees and costs exceeds $200.00,
3. A final billing statement shall indicate that it is a final statement and is not subject to the restrictions contained herein above.

Any petition not in compliance with the above-stated restrictions shall be returned to the GAL by the Clerk of Courts for correction prior to being submitted to the Circuit Court Judge for review.

(3) The GAL shall obtain court approval prior to incurring substantial or uncommon costs or expenses.  Overhead expenses, capital expenditures and depreciable assets shall not be reimbursed.  Mileage may be reimbursed, in the discretion of the court, at the rate established by the Internal Revenue Code. 

(4) Each billing statement shall include the following notice and instructions concerning objections to the bill:  “Objections to a GAL bill must be in writing and filed with the court within five (5) days of receipt.  The objections must be itemized, corresponding to the itemization in the billing statement and must give specific reasons for each objection.  Upon such an objection, the court shall set the matter for hearing forthwith either before the family court commissioner or the trial judge.” 

Effective: October 26, 2009

10.06 Clerk of Courts Bookkeeping Reviews and Reports: The Clerk of Courts shall maintain an annual record of family court G.A.L. fees and costs ordered paid by the county. In cases where parties have been ordered to pay or reimburse the county, the clerk shall periodically review the record of payments and report the results of such reviews to the Corporation Counsel. In any case in which no orders requiring or waiving payment have been made, the clerk shall so report to the family court commissioner, who shall then enter such payment orders as may appear appropriate from the record or initiate proceedings for entry of payment orders.

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11.00 LEGAL CUSTODY, PHYSICAL PLACEMENT, AND VISITATION

11.01 Parent Education Program: Pursuant to sec. 767.115, Stats., in all new actions the family court commissioner may issue an order directing parties with minor children to attend a parent education class. The family court commissioner shall give the program provider a copy of each such order, and the provider shall maintain and provide the family court commissioner with a record of parties attending and failing to attend.

11.02 Mediation Requirements, Limitations and Waivers: Pursuant to sec. 767.405, Wis. Stats., upon a dispute concerning legal custody or physical placement, or upon the request of a third party with legal custody, physical placement or visitation rights (or having established standing in the action to seek such orders) the parties shall attend at an initial (informational) meeting with the Family Court Services (FCS) at no charge (or shall attend mediation with a private mediator at their own expense). The initial session (which may be a group presentation) shall include an explanation concerning mediation. No trial or other final hearing on legal custody, physical placement or visitation may be held until this requirement is met. This requirement does not prohibit emergency or other temporary orders hearings, and may be waived for other hearings pursuant to sec. 767.405(8)(b), Stats. Upon agreement of both parties and the FCS to proceed with mediation, after the informational session, a fee of $150 per person (pursuant to sec. 814.615, Stats.) shall be due prior to the next appointment, subject to waiver, upon written application on the court's prescribed form, due to indigence.

11.03 Mediation: Following the initial session, the FCCS shall submit a Mediation Status Report of the parties' attendance and whether mediation is ongoing or has been terminated. If mediation proceeds beyond the initial session, upon its successful conclusion or termination as unsuccessful, the FCCS shall submit a Mediation Status Report so informing the family court commissioner.

Effective: September 10, 2008

11.04 Mediated Parenting Agreements: If mediation is successful, the FCCS shall prepare a Mediated Parenting Agreement (MPA). In new actions, the FCCS shall submit the original MPA to counsel for either party or to either party if both are pro se. In post-judgment actions, the FCCS shall submit the MPA to counsel of record for the moving party or the pro se moving party. Upon failure of the parties to return the MPA, fully executed, within 20 days of the date of mailing or personal delivery of the MPA to an attorney or party, the FCCS shall submit a Mediation Status Report so informing the family court commissioner. Such failure shall be presumed to be a withdrawal from the agreement by one or both parties. The family court commissioner shall then initiate such status conferences or other proceedings or enter such orders as may appear appropriate from review of the FCCS reports and the overall case file.

11.05 Legal Custody and Physical Placement Studies:Upon a waiver of mediation or a Mediation Status Report terminating mediation, the family court commissioner may order a legal custody and physical placement study through the Family Court Services (FCS). The responsibilities of the FCS and the purpose and scope of the study are as set forth in sec. 767.405(14), Stats. The fee for an FCS study shall be $600, pursuant to sec. 814.615(2), Stats., ordinarily to be allocated between the parties equally, subject to other allocation if supported by stated findings. The $600 study fee is subject to waiver only if both parties are indigent. If the case is resolved prior to substantial time expenditure by the FCS, the parties may request a partial refund, which shall be adjusted based on time actually spent.

Effective: September 10, 2008

11.06 Payment or Waiver of Statutory Study Fee: The study order shall specify responsibility for the $300 study fee required under sec. 814.615, Stats., or its waiver if both parties are indigent.

11.07 FCCS Study Referral Packet: Either before or with the order for the study, the family court commissioner shall provide each party with a referral packet containing the materials required from the parties for the FCCS study. The referral packet shall include a form for parenting plans required under sec. 767.24(1m), Stats. The parties shall complete the packet and submit it to the FCCS in Room 218 of the Jefferson County Courthouse by the date specified in the study order.

11.08 Commencement, Suspension, Termination and Completion of Study: Upon receipt of the required referral materials, the FCCS shall schedule an initial appointment to commence the study, and shall determine and notify the FCC of the due date for the FCCS report (90 days after the commencement date). The FCC shall then certify the case for trial not sooner than eight (8) weeks after the due date. The FCCS shall proceed with the study and file its report as due under the order or any subsequent order extending time, unless the study order has been suspended or vacated by a subsequent order or the custody and placement issues have been fully resolved in a Mediated Parenting Agreement or Martial Settlement Agreement signed by all parties (including the G.A.L..) and filed with the court.

11.09 Coordination with Guardian ad litem: The FCCS and G.A.L. may coordinate efforts and share tasks and information in investigating and assessing the best interests of the children. Such coordination may include joint interviews of parties and children and other sources and witnesses.

11.10 Custody Study Status Reports: The FCCS shall submit a Custody Study Status Report to the family court commissioner describing any refusal or failure of either or both parties to participate or otherwise comply with the study order impairing timely completion of the study. The family court commissioner shall schedule such hearings or status conferences, or take such other action as may be appropriate and necessary to assure timely administration of the case.

11.11 Extensions of Time for Completion of Study: Requests for extension of time to complete the custody and placement study shall be presented to the circuit judge with a statement of reasons showing good cause and proposing a specific date consistent with the trial court's scheduling order, or requesting rescheduling of trial. If the reason for the proposed continuance is non-cooperation with the study order by either or both parties, the trial court may hold a hearing to determine whether to impose sanctions under secs. 805.03 and 804.12(2)(a), Stats., in lieu of granting the continuance. Such sanctions may include orders barring or limiting one or both parties' expert evidence and rebuttal evidence at trial.

11.12 Mental Health Evaluations or Assessments as Component of FCCS Study:

11.13 Other Mental and Emotional Health Evaluations and Assessments: Orders for other mental and emotional health evaluations and assessments or orders pertaining to discovery of mental and emotional health evidence may be obtained by stipulation or motions for discovery under Chapter 804 of the Rules of Civil Procedure, subject to the trial scheduling order or its amendment, if necessary, for completion of such evaluations, assessments or other discovery.

11.14 Testimony of Family Court Counselor Prior to Trial: Testimony of the family court counselor at any temporary orders hearing shall not include expert opinions, and shall be limited to factual matters based on the personal observations of the family court counselor. Therefore, the FCCS file is not subject to review by parties or counsel until after the report has been filed.

11.15 Deposition of Family Court Counselor and Court Appointed Experts: The family court counselor or court appointed mental heath expert shall not be subject to deposition before the FCCS has filed its report. A Notice of Deposition of the family court counselor shall include certification that the issuing attorney or pro se party has reviewed FCCS file to obtain as much information as possible in order to limit the deposition to information not apparent from review of the file. Failure to include the certification shall invalidate the notice of deposition. Non-compliance with the requirement to review the FCCS file prior to issuing the notice of deposition shall be grounds for protective orders under sec. 804.01(3), Stats., which the FCCS may seek by letter motion to the trial judge. The party deposing the family court counselor or a court appointed mental health expert shall pay the full cost of such deposition including the fees, if any, of the mental health expert being deposed, in advance if required by the witness. Such depositions shall be limited to three hours, subject to additional time upon stipulation or a motion with supporting affidavit stating specific reasons for additional time.

11.16 Third Party Custody Practice under Section 767.24 (3), Stats:

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12.00 HEARING DE NOVO

12.01 Motions for de novo Review or New Hearing: Pursuant to sec. 757.69(8), Stats.:

12.02 Procedure upon Filing of Motion for de novo Review or New Hearing: The family court commissioner shall review the motion and underlying decision and order, and may reconsider the decision prior to referring the matter to the assigned circuit judge for scheduling. Upon referral of the matter to the trial court, the family court commissioner shall estimate the time needed for hearing. Notwithstanding the filing of such a motion, the order at issue remains in effect unless stayed or modified by the commissioner or the judge prior to the new hearing or review.

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13.00 REQUIRED FORM AND CONTENT OF CERTAIN DOCUMENTS

13.01 Affidavit Concerning Military Service: All petitions or other pleadings for judgment based upon the respondent's failure to appear in an action (including a post-judgment action) shall contain an affidavit complying with the Soldiers' and Sailors' Civil Relief Act (50 USC 520 et seq.).

13.02 Child Support Orders: Each stipulation, Marital Settlement Agreement, Petitioner's Request or other order for child support shall contain:

13.03 Marital Settlement Agreement and Petitioner's Request: In addition to the above requirements concerning support for children, each MSA and Petitioner's Request shall include the following provisions applicable to the case:

13.04 Post-Judgment Pleadings:

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14.00 MISCELLAENOUS MATTERS

14.01 Five Day Rule and Objections as to Form: In lieu of obtaining opposing counsel's signature approving as to form any order other than a judgment, the drafter may submit the original to the court or family court commissioner with a copy to opposing counsel, with a letter stating that opposing counsel shall have five (5) business days within which to notify the drafter and the court of any objections. Counsel shall discuss and attempt to resolve such objections before submitting the matter to the court. If unsuccessful, counsel objecting to the proposed form of order shall submit an alternative proposed form of order, unless the proposed changes are minor, in which case the court may enter changes on the face of the document at issue.

14.02 Photocopies: The party submitting a proposed form of order for signature of the judge or family court commissioner shall enclose sufficient copies for all counsel of record, pro se parties, and in a pending new action for divorce or legal separation, for the family court commissioner. Upon receipt of the conformed copies, the party shall promptly forward one to each attorney of record or pro se party. Upon failure to enclose the copies, the court may decline to enter the order, or alternatively direct support staff to make and distribute copies and assess costs of $1.00 per page, and actual postage. (In CSA proceedings under Rule 8, the agency shall be responsible for making photocopies and distribution of all orders it submits.) Copies of any other documents filed with or delivered to the court shall simultaneously be provided to all other parties by the submitting party.

14.03 Telephone Appearances:

14.04 Telephone Testimony: Telephone testimony of lay witnesses in contested matters shall not be allowed except upon a stipulation and court approval prior to the date of the hearing. Pursuant to sec. 807.13, Stats., testimony of expert witnesses may be permitted, upon reasonable notice of the request to other counsel and pro se parties and to the court, provided complete and legible copies of any documents or records upon which the expert is relying or to which the expert will have access during the testimony are provided to all other counsel or pro se parties at least five (5) business days prior to the hearing. The proponent of such testimony shall make a timely motion in the event of a dispute. An unfavorable decision on an untimely motion shall not be grounds for adjournment of the hearing or trial. The hearing concerning allowance of telephone testimony may itself be conducted by telephone.

14.05 Child support Payment Records: If requested by any party or the court, the Jefferson County Child Support Agency, Bookkeeping Division, shall provide for the court file on the day of a trial or hearing a record and explanation of the support and/or maintenance account.

14.06 Prohibited Ex Parte Communications: All attorneys shall comply with SCR 20:3.5. Attorneys, pro se parties, relatives, potential witnesses or other private individuals, and county agency personnel, shall not initiate or participate in ex parte communications with circuit judges or the family court commissioner regarding a pending or impending action or proceeding, directly, through support staff or other court personnel, or by mail or email, except as to scheduling and administrative matters or for purposes of emergency ex parte proceedings as authorized in Rule 4 above or elsewhere by rule or statute.

14.07 Compliance with SCR 60.04 (Impartiality): All court personnel as defined in SCR 60.01, including clerks of court, judicial assistants, Family Court Commissioner support staff, and Family Court Counseling Services staff are prohibited from encouraging, initiating, facilitating, permitting, transmitting or in any way participating in ex parte communications except as authorized in Rule 4 or elsewhere by rule or statute. All such court personnel are also prohibited from actually providing or creating the appearance of providing legal advice (entertaining a presentation of or independently investigating the facts of a pending or impending case, and applying or attempting to apply rules of law to such factual problems and issues to render legal opinions or legal suggestions to the party or attorney). All such court personnel are also prohibited from referring parties to individual attorneys or law firms and from soliciting legal representation for parties whether for fees, reduced fees or pro bono.

14.08 Compliance with Sec. 767.081, Stats.: Within Rule 14.07, the family court commissioner and support staff shall fulfill the obligation under sec. 767.081, Stats., to provide pertinent information, directions and publicly available general referral information about services, including legal services agencies or programs, and any pro bono service or project offered by any bar association, and a list of all family law attorneys asking to be included on such a list.

14.09 Standards of Courtesy and Decorum for Parties: All parties appearing in family court, whether represented by counsel or pro se, shall comport themselves in a manner consistent with the rules of common courtesy, respect for counsel, the other parties, witnesses and the court and its personnel. Parties shall avoid offensive or profane remarks, and words and actions expressing hostility, disrespect or contempt for any other participant or the court and its personnel. It is the responsibility of the judge or family court commissioner presiding at the hearing to take such measures as may be needed to maintain decorum and safety, including ordering the bailiff to remove parties in violation from the courtroom, adjourning proceedings, and granting reasonable relief and or costs and attorney's fees to the other party.

14.10 Security: Rules of courthouse security shall be strictly enforced at all times. Any court personnel observing a violation of security rules shall follow courthouse security protocol.

14.11 Disclaimer: These rules are not regularly updated and nothing herein is intended to conflict with present statutes or future amendment of statutes applying in family court actions. Scheduling orders shall take priority over the time lines in these local rules whenever the two are in conflict.

Effective: March 1, 2005

14.12 When the clerk of court, a party or attorney becomes aware of multiple filings regarding the same child/ren in cases denominated FA, PA, JC, GN, IN and TP, this fact shall immediately be brought to the attention of the judge assigned to the earliest filed case. In turn, that judge will consult with the other assigned judge/s to determine whether the matters should be unified into a single court. If unification is ordered, notice will issue.

Effective: December 1, 2005.

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