State Bar of Wisconsin

Grant County
Circuit Court Rules
(Seventh Judicial District)

Dated this 29th day of December, 1994.

• Part 1: Publication and Revision of Circuit Court Rules
• Part 2: Closure of Proceedings
• Part 3: Case Processing Time Guideline
• Part 4: Closure of Proceedings
• Part 5: The Judge
• Part 6: Clerk of Courts
• Part 7: Bailiff's Duties
  
  
• All Small Claims Order to Show Cause Orders to be Served Pursuant to Sec. 801.11, Stats. February 1999
• Authorization to Serve Small Claims Actions on County Residents by Regular Mail Pursuant to Sec. 799.12(3), Stats. November 2006
• Parents of Minor Child(Ren) Involved in an Action Affecting the Family are Required to Attend Parenting Classes Pursuant to Sec. 767.401, Stats. February 2007

Part 1: Publication and Revision of Circuit Court Rules

100 Effective December 31, 1994

101 Court rules, prior to adoption or revision, shall be presented at two (2) successive meetings of the Grant County Circuit Judges. This requirement and Rule 102 may be suspended for good cause upon the order of the Grant County Circuit Judges.

102 Proposed rules shall be posted for public review in the County Courthouse by the Clerk of Circuit Court and copies shall be forwarded to the President and Secretary of the Grant County Bar Association at least thirty days prior to formal adoption.

103 Notice of proposed rules as described in Secs. 101 and 102 shall constitute sufficient public notice.

104 Rules shall be adopted by a mutually written order of the Grant County Circuit Judges, subject to approval of the Chief Judge of District 7 per Wis. Stat. 753.35.

105 Orders adopting rules shall specify an effective date.

106 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 Secretary of the Grant County Bar Association and the Chief Judge.

107 Insofar as these rules are in conflict with any existing local court rule or order, these rules supersede such rule or order.

108 Seventh District rules or Supreme Court rules are adopted by reference and if any of them conflict with these rules, then they supersede these local rules.

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Part 2: Closure of Proceedings

200 Effective December 31, 1994

201 Unless good cause for a shorter time period 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 media coordinator in writing, if possible, at least 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.

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Part 3: Case Processing Time Guidelines

300 Effective December 31, 1994

301 The following case processing time goals are for the processing of cases and ate designed to provide a guide to the judiciary and bar. Unless otherwise indicated, the guidelines represent the time period from filing to final disposition.

Misdemeanor (from initial appearance) - 2 months, if in custody
Misdemeanor (from initial appearance) - 4 months, if not in custody
Felony (from initial appearance) - 6 months
Traffic &Ordinance (from int. app.) - 4 months
Personal Injury/Property damage - 18 months
Contract/Money/Judgments - 12 months
Divorce - 12 months
Estates - 18 months
Small Claims - 3 months
Child Support - 6 months
Paternity--Contested - 12 months
Paternity--Uncontested - 6 months

302 It will be the practice of the Court to schedule every case for a next action or review date at every stage in the life of the case.

Purpose

The purpose of these rules is to establish uniform rules of courtroom decorum and to be consistent with other trial courts of Wisconsin, and to assist Judges and attorneys through prescribed courtroom procedures. They are intended to supplement but not to supersede the Code of Professional Responsibility and Canons of Judicial Ethics of the American Bar Association and of the State Bar of Wisconsin, and the Supreme Court Rules and legislative enactments of the State of Wisconsin.

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Part 4: Closure of Proceedings

400 Effective December 31, 1994

401 The flag of the United States and the flag of the State of Wisconsin shall at all times be displayed when the Court is in session on or in close proximity to the bench, with the flag of the United States to the right of the Judge.

402 Court shall be formally opened each day upon which Court business is transacted either by the bailiff or the Clerk of Court.

403 As the Judge enters the courtroom, the bailiff or Clerk of Court by three raps of the gavel shall require all present to rise and stand. When the Judge has reached the bench, the bailiff or Clerk of Court shall say, "All rise, the Circuit Court for Grant County is now open. Silence is commanded." The bailiff or Clerk of Court shall then rap the gavel once and all shall be seated. The business of the Court shall then proceed. This rule may be modified by the customs and practice of the presiding Judge.

404 Upon recessing, the Judge shall announce: "The Court is now is recess."

405 At any time, thereafter, during the day when Court is reconvened, the bailiff or Clerk of Court shall, by gavel or otherwise, as the Judge enters the courtroom, cause all to stand until the Judge is seated.

406 When trial is to a jury, the jurors shall take their places in the jury box after the Judge enters the Courtroom.

407 Dignity and solemnity of the Judge and the attorneys shall be maintained in the courtroom at all times.

407.5 Tape recording, photography, and video taping are prohibited without prior approval of the presiding Judge.

408 There shall be no unnecessary conversation, loud whispering, newspaper or magazine reading or other distracting activity by anyone in the courtroom while Court is in session. Food, tobacco, and drink in any form shall not be used in the courtroom. The bailiff or Clerk of Court shall provide water for officers of the Court and the jury during jury trials.

408.5 All hats and caps shall be removed in the courtroom.

409 All attorneys and officers of the Court shall dress professionally and appropriately while in attendance upon the Court: Suits, skirt and blouse, or dresses are suggested for women; suits and sportcoats and ties are suggested for men. Judicial discretion may be exercised otherwise in extreme conditions.

409.5 Lawyers shall advise their clients and witnesses of the formalities of the Court and seek their full cooperation therewith. It is expected that lawyers will guide clients and witnesses as to appropriate attire.

410 Lawyers shall 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. Lawyers shall act civilly towards each other and witnesses at all times.

411 Lawyers shall examine witnesses from a seated position behind the counsel table except when handling exhibits or otherwise permitted by the Judge In no case shall a witness be crowded during examination.

411.5 Counsel shall not knowingly misinterpret the contents of a document, the testimony of witnesses, the language or argument of opposing counsel or the language of a decision or other authority; nor shall the attorney offer evidence which he or she knows to be inadmissible; nor shall an attorney knowingly mistake the law to the Court.

412 When a lawyer or party is addressing the jury, the lawyer shall not crowd the jury box.

413 During the examination of jurors on voir dire, the lawyer or party conducting the examination shall, insofar as practical, use collective questions, avoid repetition and seek only material information.

414 During trial, no lawyer or party shall exhibit familiarity with witnesses, jurors or opposing counsel and generally the use of first names shall be avoided. In jury arguments no juror shall be addressed individually or by name.

415 Lawyers shall examine witnesses with courtesy and respect, and a witness' good faith should be presumed until the contrary is evident.

416 The swearing of witnesses shall be an impressive ceremony and not a mere formality.

417 In jury cases which are disposed of upon a motion for dismissal or directed verdict, the Judge, in dismissing the jury, shall briefly explain the procedure and why a verdict was unnecessary.

418 Attorneys are officers of the Court and should at all times uphold the honor and maintain the dignity of their profession and maintain a respectful attitude toward the Court.

419 Attorneys' conduct before the Court and with other counsel should be characterized by candor and fairness. All personality conflicts between attorneys and colloquies between attorneys should be avoided. 420 Attorneys shall, insofar as possible, refrain from interrupting each other, speaking at the same time, or arguing between themselves, thus assisting in making a proper record. Attorneys should instruct their witnesses to testify slowly and clearly so that the Court and the jury can hear their testimony, and should caution witnesses not to chew anything while testifying.

421 Attorneys should address the Court from a position at the Counsel table or lectern.

422 If it is necessary to discuss some question out of the hearing of the jury at the bench, the attorney may so indicate to the Court and if invited, approach the bench for that purpose.

423 Unless excused by the Judge, after the jury has retired to deliberate upon a verdict in a criminal case, the attorneys representing the defendant and the State shall remain in the immediate area of the courtroom so as to be available at all times during the deliberations of the jury and when the verdict is received.

424 The right to be present during the trial of all cases shall be deemed to be waived by a party or his or her counsel by voluntary absence from the courtroom at a time when it is known that proceedings are being conducted, or are about to be conducted. In such event the proceedings, including the filing of additional instructions to the jury after they have once retired, or receiving the verdict, may go forward without waiting for the arrival or return of counsel or a party. (Wis. Stat. 971.04(3))

425 An attorney who accepts a retainer to handle a client's case is presumed prepared and ready for all scheduled court dates including Court dates scheduled prior to the date the attorney accepts the case.

426 Each attorney shall be prepared to proceed promptly with matters at the time they are scheduled. If a continuance is requested for good cause, or if the matter is settled, each attorney shall notify the Court at the earliest possible time, which shall be within two weeks.

427 No individual other than an enrolled active member of the State Bar shall practice law in this state or in any manner hold himself or herself out as authorized or qualified to practice law. Any Court in this state may by special permission granted by it allow non-resident counsel to appear and participate in a particular action or proceeding in association with an active member of the State Bar of Wisconsin who appears and participates in such action or proceedings.

428 Attorneys and clients are expected to be in the courtroom on the date and time scheduled. Attorneys with foreseeable time conflicts in other courts will be given due consideration but are expected to plan to resolve the conflict without delay in advance whenever possible. If a continuance is granted due to a conflict in another Court's calendar, the matter will be rescheduled with this Court's calendar having preference.

429 All local Court rules shall apply to pro se litigants unless excused by the presiding Judge.

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Part 5: The Judge

500 Effective December 31, 1994

501 The Judge shall at all times safeguard the rights of the parties and the interests of the public. The Judge shall be dignified, courteous and considerate of the parties, attorneys, jurors and witnesses. The Judge shall suppress personal predilections, control temper and emotions and avoid conduct which tends to demean the proceedings or to undermine judicial authority in the courtroom.

502 The Judge shall wear a judicial robe at all times while Court is in session, provided judicial discretion may be exercised otherwise in extreme conditions.

503 The Judge shall be timely in convening Court and prompt in the performance of judicial duties, recognizing the time of litigants, jurors and attorneys is valuable and that lack of timeliness creates dissatisfaction with the administration of justice.

504 The Judge shall see to it at all times that the parties, witnesses and jurors are treated fairly, with due consideration and respect. No discourtesies toward them shall be permitted.

505 During the presentation of the case, the Judge shall maintain absolute impartiality, and shall neither by work nor sign indicate he or she favors any party to the litigation.

506 The Judge should refrain, so far as possible, from intervening during the course of the trial. However, the Judge is more than a referee. The Judge has the right to question, or even to call witnesses, to clarify questions and answers, and to make inquiries where obviously important evidentiary matters are ignored, or inadequately covered, but must do so in an impartial manner, not as a partisan or advocate.

507 In jury cases which are disposed of upon a motion for dismissal or directed verdict, the Judge, in dismissing the jury, shall briefly explain the procedure and why a verdict was unnecessary.

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Part 6: Clerk of Courts

600 Effective December 31, 1994

601 The Clerk of Court shall be in charge of all case records and files, and shall be responsible for courtroom administration, including the feeding, housing and transportation of the jury when required.

602 The Clerk of Court shall have the duty to see that each witness is sworn separately and that the oath is administered in a manner calculated to impress the witness with the importance and solemnity of the oath taken.

603 Witnesses, when sworn, should stand near the bench or the witness stand. After the witness is sworn, the clerk shall direct the witness to give the reporter his or her full name, and request the witness to spell his or her surname. The witness should then be seated.

604 When a jury has been selected and is to be sworn, the Clerk of Court shall request the jurors to rise while the jurors' oath is being administered.

605 The conduct of the Clerk of Court before the Court and with other counsel should be characterized by candor, fairness and impartiality.

Rules of decorum in Part 4 will apply to the Clerk of Court unless leave is otherwise given by the presiding Judge.

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Part 7: Bailiff's Duties

700 Effective December 31, 1994

701 It shall be the duty of the bailiff to maintain order at all times as litigants, witnesses and the public assemble in the courtroom, during the progress of the trial and during recesses of the Court. This includes the duty to admit persons to the courtroom and direct them to their seats and to refuse admittance to the courtroom in such trials where the courtroom is occupied to its full seating capacity.

702 It shall be the duty of the bailiff to take charge of and supervise the jury during the course of a trial, during Court recesses, and during time of jury deliberation, to assure that no unauthorized persons come into contact with members of the jury. If such an attempt is made, the bailiff shall notify the Judge at once. During sequestered trials, the bailiff(s) shall take the foregoing precautions on a 24-hour-a-day basis.

703 The conduct of the bailiff before the Court and with other counsel should be characterized by candor, fairness and impartiality. Rules of decorum in Part 4 will apply to the Bailiff unless leave is otherwise given by the presiding Judge.

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All Small Claims Order to Show Cause Orders to be Served Pursuant to Sec. 801.11, Stats.

WHEREAS, it has been the policy of the Grant County Circuit Court to allow service of small claims Order To Show Cause Orders by regular mail; and,

WHEREAS, this policy has resulted in commitment orders being executed for the commitment of persons who did receive notice of the Order To Show Cause hearing, or who did not receive credit for payment of the underlying judgment.

NOW, THEREFORE, EFFECTIVE IMMEDIATELY:

1. It shall be the policy of the Circuit Court for Grant County to require that all small claims Order To Show Cause Orders be served by personal service which complies with the requirements of sec. 801.11, Stats.
2. Proof of personal service shall be filed with the Clerk of Circuit Court prior to the court considering the imposition of a contempt sanction.
3. The Clerk of Circuit Court who is presented with a certificate of personal service shall add the cost of personal service to the plaintiff's claim and said amounts shall be payable as either a condition of satisfying the small claims judgment or as a condition of purging a contempt order.

Dated this 25th day of February, 1999.

Authorization to Serve Small Claims Actions on County Residents by Regular Mail Pursuant to Sec. 799.12(3), Stats.

WHEREAS, it has long been the policy of the Grant County Circuit Court to allow service of small claims Summons and Complaints on County residents by regular mail; and,

WHEREAS, it is believed that this policy had been adopted by a validly enacted local rule pursuant to sec. 753.35, Stats., but that a copy of said local rule has not been found; and,

WHEREAS, the Clerk of Circuit Court has been able to locate one local rule pertaining to the service requirements for small claims actions which refers to this long standing practice in Grant County, and said local rule being attached hereto.

NOW, THEREFORE, EFFECTIVE IMMEDIATELY, to clarify the policy previously in effect in Grant County allowing for the service by regular mail of Summons and Complaints upon County residents in small claims actions is now formally enacted, or reenacted as the case may be, as a local rule, and said policy is specifically readopted, as provided for in sec. 799.12(2} and (3), Stats., and as provided for in sec. 753.35, Stats.

Dated this 30th day of November, 2006.

Parents of Minor Child(Ren) Involved in an Action Affecting the Family are Required to Attend Parenting Classes Pursuant to Sec. 767.401, Stats.

WHEREAS, pursuant to sec. 767.401, Stats., parents of minor children involved in an action affecting the family may be required to attend a parenting class that is appropriate and in the best interest of the minor child(ren); and

WHEREAS, it has been the policy of the Grant County Courts to require completion of a parenting class by parents of minor children through an order of the Family Court Commissioner, but recent statutory revisions may require the order to be signed by a Judge.

NOW, THEREFORE, EFFECTIVE IMMEDIATELY, whenever a petition affecting the family is filed which concerns a minor child(ren), the parents of the minor child(ren) shall be ordered to attend a parenting class and the Clerk shall attach the order to the petition. In addition, the parties are required to provide the Clerk of Circuit Court with evidence of compliance with the order no later than for (4) months from the date of filing.

Dated this 12th day of February, 2007.