Ozaukee County
Circuit Court Rules
(Third Judicial District)
GENERAL COURT PROCEDURE RULES
- RULE 101: PUBLICATION AND REVISION OF CIRCUIT COURT RULES
- RULE 102: RULES OF DECORUM
- RULE 103: COURT DOCUMENTS
- RULE 104: CLOSED PROCEEDINGS
- RULE 105: CONFIDENTIAL RECORDS
- RULE 106: OUT OF STATE LAWYERS
- RULE 107: TELEVISION/VCR AND OTHER EQUIPMENT POLICY
- RULE 108: GUIDELINES FOR POTENTIAL JURORS:
RULE 101: PUBLICATION AND REVISION OF CIRCUIT COURT RULES
101.1 EFFECTIVE DATE
The effective date of these rules:Date May 7, 2003
101.2 AVAILABILITY OF RULES
These rules shall be available for public review in the office of the clerk of circuit court in the Ozaukee County Courthouse.
101.3 RULE ADOPTION
Rules shall be adopted or revised by written order of a majority of the Ozaukee County circuit court judges, subject to the approval of the chief judge of the district.
101.4 PUBLICATION
Once adopted, court rules shall be filed with the clerk of circuit court, and the clerk of circuit court shall provide copies to the president and the secretary of the Ozaukee County Bar Association and the chief judge.
RULE 102: RULES OF DECORUM
102.1 CODE OF PROFESSIONAL RESPONSIBILITY, COURTESY AND DECORUM
In order to enhance the administration of justice, this rule establishes uniform standards of courtroom decorum, applicable to judges, attorneys, court personnel and the public in Ozaukee County Circuit Courts.
(a) Judges, lawyers, litigants, clerks and staff shall at all times maintain a cordial and respectful demeanor and shall be guided by a fundamental sense of integrity and fair play in all their professional activities.
(b) Judges, lawyers, litigants, clerks and staff shall at all times be civil in their dealings with one another. All court and court related proceedings, including discovery proceedings, whether written or oral, shall be conducted with civility and respect for each of the participants.
(c) Judges, lawyers, litigants, clerks and staff shall abstain from making disparaging, demeaning or sarcastic remarks or comments about one another, and shall not engage in any conduct that may be characterized as uncivil, abrasive, abusive, hostile or obstructive.
(d) Judges, lawyers and litigants shall be punctual in convening and appearing for all hearings, meetings and conferences and, if delayed, shall notify other participants, if possible.
(e) Judges, lawyers, litigants, clerks and staff shall at all times, while in the courthouse or while participating in legal proceedings, dress in a manner showing proper respect for the court, the proceedings and the law.
(f) Judges, lawyers, litigants, clerks and staff shall advise clients, witnesses, jurors and others appearing in court that proper conduct and attire is expected within the courthouse and shall, where possible, prevent clients, witnesses or others from creating disorder or disruption.
(g) In scheduling all hearings, meetings and conferences, judges, lawyers, litigants, clerks and staff shall be considerate of the time schedules of the participants and shall grant reasonable extensions of time when such extensions will not adversely affect the court calendar or clients' interests.
(h) Lawyers shall make all reasonable efforts to reach informal agreement on preliminary and procedural matters and shall attempt to expeditiously reconcile differences through negotiation, without needless expense and waste of time.
(i) Lawyers shall not abuse the judicial process by pursuing or opposing discovery arbitrarily or for the purpose of harassment or undue delay.
(j) Lawyers shall never knowingly deceive or mislead another lawyer or the court. Lawyers shall clearly identify for the court and other counsel changes he or she has made in documents submitted by him or her to counsel or the court.
(k) Lawyers practicing before the courts in Ozaukee County shall at all times act in good faith and shall honor promises or commitments to other lawyers and to the court.
(l) All participants in the judicial process, whether judges, lawyers, clerks or staff, shall conduct themselves in a manner which demonstrates sensitivity to the necessity of preserving decorum and the integrity of the judicial process.
(m) Professionalism, as defined in this code and in accordance with other relevant standards of courtesy, good manners and dignity, is the responsibility of the individual judge, lawyer, clerk, staff member and all other personnel of the court who assist the public.
102.2 DEFINITIONS.
“Counsel”, “attorney”, “attorneys”, “lawyer”, or “lawyers”, for the purposes of these rules, shall include any party representing himself or herself without the assistance of an attorney licensed to practice in the State of Wisconsin.
102.3 COURT
Court shall be formally opened each day in which court business is transacted either by the clerk of circuit court, the deputy clerk or the bailiff.
102.4 DEFERENCE TO THE BENCH
Lawyers shall never appear to engage the court in a manner, which would lessen the dignity of the proceedings in the eyes of the jury and public.
102.5 EXAMINATION OF WITNESSES
(a) Witnesses shall be examined from a position at the counsel table except when handling exhibits unless a lectern is provided by the court, in which case the examination shall be either from the position at the counsel table or the lectern. Persons examining witnesses may either stand while examining a witness from the counsel table or remain seated. In no case shall a witness be crowded during examination.
(b) Witnesses shall be examined with courtesy and respect, and their good faith presumed until the contrary appears.
102.6 ADDRESSING THE JURY
When a lawyer is addressing the jury, he or she shall not crowd the jury box.
102.7 VOIR DIRE
During examination of jurors on voir dire, the lawyer conducting the examination shall, insofar as practical, use collective questions, avoid repetition and seek only material information.
102.8 USE OF FIRST NAMES
During trial, no lawyer shall exhibit familiarity with witnesses, jurors or opposing counsel and, unless the court orders otherwise, the use of first names shall be avoided. In jury arguments, no juror shall be addressed individually or by name.
102.9 LIMITING USE OF ELECTRONIC EQUIPMENT AND DEVICES IN THE COURTROOM AND JURY DELIBERATION ROOM
Electronic communication equipment, including, but not limited to cellular telephones, pagers, lap top computers, scanners and recording devices, may not be used by people in the courtroom or jurors in the deliberation room without the specific permission of the judge.
RULE 103: COURT DOCUMENTS
103.1 DOCUMENT PREPARATION
(a) All papers submitted shall be typed or legibly handwritten.
(b) All papers shall be filed on 8 1/2" by 11" paper, and shall have printing only on one side, with the exception of wills, deeds, certified death certificates, exhibits, proofs of service, two-sided model court forms, or other original documents.
(c) All papers filed in an action must include the name, address, and telephone number of the person drafting the papers. If an attorney drafts the papers the attorney's state bar number must also be included.
(d) All papers filed shall be hole-punched at the head of the document with a standard two-hole punch. The holes shall be 2.75” center to center and have a diameter of no less than 9/32”. (effective January 2, 2008)
103.2 FILING OF DOCUMENTS
(a) All pleadings are to be filed with the clerk of circuit court’s office at least forty-eight (48) hours prior to the hearing for consideration at that hearing unless otherwise permitted by the court.
(b) All orders are to be submitted to the court for signature within fifteen (15) days following the conclusion of the hearing unless otherwise ordered by the court or provided by statute.
(c) All statutory filing fees and local forms fees must be paid in full prior to the acceptance of any paper by the court.
(d) The party submitting any paper to the court for filing is responsible for serving a copy of the paper upon all interested parties to the matter or, if there is an attorney of record for any party, to that attorney.
(e) All papers relating to probate court subject matter are to be filed with the Register in Probate or court personnel, not with any specific judge or court commissioner, unless filed with the court at the time of the hearing.
103.3 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT
(a) Facsimile documents transmitted directly to the court shall be accepted for filing if:
(1) The document does not exceed fifteen (15) pages in length, excluding cover sheet.
(2) No filing fee is required.
(3) No additional fee or charge must be payable to the court for accepting or receiving the facsimile document.
(b) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
(c) The court is not responsible for:
(1) Errors or failures in transmission that result in missing or illegible documents.
(2) Periods when a facsimile machine is not operational for any reason.
(d) A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case which do not conform to these rules if good cause is shown and they are in conformance with section 801.16, Wis. Stats.
(e) A judge may authorize that documents which are provided to the court for reference or other purpose, but not for filing, may be transmitted by facsimile transmission. Advance authorization is required before making the transmission.
(f) Copies of documents from court files shall not be transmitted by facsimile machine without the appropriate costs being received in advance. The facsimile machine shall not be utilized in an effort to avoid payment of statutory photocopy costs.
(g) If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the court for filing. Original documents shall be maintained by the signing party or his/her attorney. Originals so filed will be returned.
(h) Any requests for confidential transmission shall be submitted to the clerk of circuit court for review and approval.
(i) The clerk of circuit court’s facsimile machine will be operational during regular county business hours.
RULE 104: CLOSED PROCEEDINGS
Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the court media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show cause why the proceedings should not be public as required by statute.
RULE 105: CONFIDENTIAL RECORDS
105.1 EXPUNGED CRIMINAL RECORDS
Any case in which a criminal record has been expunged shall be
closed to access to
anyone without a court order authorizing access to the file. The
clerk of circuit courts shall take appropriate steps to ensure
confidentiality of all expunged criminal records.
105.2 FINANCIAL RECORDS IN DIVORCE CASES
Only parties to the action and attorneys of record will be allowed to view and copy financial declarations and other confidential financial information in divorce actions.
105.3 MEDICAL AND HOSPITAL RECORDS
Medical and hospital records remain confidential when filed with the court until such time, if any, as they are introduced into evidence at a trial. Until then, only parties to the action and attorneys of record may view medical and hospital records. No copies may be made.
105.4 PATERNITY RECORDS
The confidentiality of all appropriate paternity records shall be maintained pursuant to law.
105.5 PRE-SENTENCE INVESTIGATIONS
Pursuant to section 972.15 Wis. Stats., pre-sentence investigations are confidential and may be viewed only by the attorneys of record. In most cases, the court will issue an order permitting the attorneys to receive copies of the pre-sentence investigation until completion of the sentencing hearing.
105.6 RECORDS AND REPORTS RELATED TO CUSTODY AND VISITATION STUDIES AND PSYCHOLOGICAL EVALUATIONS
All records and reports related to custody and visitation studies and psychological evaluations (herein after called “reports”) and the information they contain are confidential. Attorneys of record, any guardian ad litem, and all parties, whether represented or unrepresented, shall maintain the confidentiality of said report(s) and the information they contain. Said report(s) and information shall not be disclosed to anyone not associated with the pending litigation.
In all cases where report(s) have been ordered by the court a notice that a report has been filed shall be given by the court to the attorneys of record, any guardian ad litem, and any unrepresented parties. Attorneys of record and any guardian ad litem may obtain a copy of the report(s) by submitting a written request for a copy of such report(s) to the court. They shall not provide a copy to any of the parties. A party may review a copy of the report with his or her attorney, but may not take notes. An unrepresented party may review, but not receive or make a copy or notes of the report(s), in the office of the clerk of circuit court.
Attorneys of record and any guardian ad litem may disclose information contained in the report(s) and provide copies of the report(s) to professionals they consult or retain only to further the subject litigation. Said professionals shall maintain the confidentiality of the report(s) and the information they contain. If any unrepresented party desires to disclose the information contained in the report(s) or to provide a copy of a report to any other person, including professionals they wish to consult or retain, they must obtain court permission to do so. Attorneys of record, any guardian ad litem, and represented and unrepresented parties who obtain a copy of the report shall not disclose the report(s) or the information contained in them to any person other than a party to the case or the above mentioned professionals.
In cases where an attorney, a guardian ad litem or an unrepresented party consults with and/or retains any professional(s) not ordered by the court, the report(s) of such professionals shall also be subject to this confidentiality rule.
105.7 OTHER SITUATIONS
In situations not covered by written policy or clear statutory policy, the clerk of circuit courts shall exercise discretion in deciding who has access to confidential records. The circuit court retains the authority to authorize disclosure of otherwise confidential information as well as the authority, where permitted by law, to classify files or parts of files as confidential.
RULE 106: OUT OF STATE LAWYERS
106.1 NON-RESIDENTIAL LAWYER PETITION
A non-resident lawyer who wishes to appear in an action must petition the court in writing. The petition shall state the name of the active member of the State Bar who will participate with the non-resident lawyer.
106.2 GRANTING OF PETITION
If the court grants the petition:
(a)The active member of the State Bar shall appear in person at all proceedings held on the record, including those held out of court, such as depositions.
(b) The active member of the State Bar shall review all pleadings, motions and other papers to be filed with the court. Both the non-resident lawyer and the active member of the State Bar shall sign all pleadings and motions.
106.3 DISCIPLINARY AUTHORITY
The non-resident lawyer is subject to the disciplinary authority of this state for conduct that occurs in connection with the action. SCR 20:8.5(2).
RULE 107: TELEVISION/VCR AND OTHER EQUIPMENT POLICY: RESERVATION SCHEDULE
The clerk of circuit court’s office shall be responsible for maintaining the reservation schedule for the use of any available equipment. Reservations shall be on a first-come, first-served basis. Litigants shall make reservation requests through the deputy clerk. The deputy clerk shall then finalize the reservations. The deputy clerk will deliver the equipment to the courtroom and return the equipment to the designated storage area.
RULE 108: GUIDELINES FOR POTENTIAL JURORS:
Guideline, as established by the Ozaukee County Circuit Court Judges, for potential jurors requesting to be excused from jury duty.
1. All requests must be in writing.
2. A juror may request to be moved to another, more convenient month for jury service tern. All such requests are granted at least once.
3. A juror may request to be excused for specific dates during their month of service. Said request is limited to five dates and must be submitted timely.
4. High school and college students are excused on a year-to-year basis.
5. Pregnant or nursing women are excused on a year-to-year basis.
6. Requests to be excused due to age, based on special circumstance, will be given special consideration.
7. Requests to be excused due to medical condition(s) must be accompanied by a physician’s letter.
8. Conflicts because of business or home obligations are not sufficient grounds to excuse a citizen from service.
9. If a request is denied and the potential juror is still not satisfied, they can request that their application be forwarded to the jury judge.
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