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Kenosha County
Circuit Court Rules
(Second Judicial District)

as of date of last revision: August 2009

CR 01-1 INTENT AND CASE ASSIGNMENT

Unless otherwise ordered by the Chief Judge, the cases in Kenosha County will be assigned by tab where necessary. As of August 1, 2009 there are eight (8) branches of court as follows:

Criminal
Criminal
Criminal
Civil

 Criminal/Civil
Family/Juvenile
Family/Juvenile
Civil

The Office of the Chief Judge will handle all reassignment of cases. Judges will rotate case assignment every two (2) years. Next scheduled rotation is August 1, 2010.

CR 01-2 CIRCUIT COURT COMMISSIONERS

Circuit Court Commissioners may act on behalf of any branch of the court on any matter as authorized by law. In accordance with section 757.69(1)(c), Wis. Stats., said court commissioners shall order that a willful nonpayment of a forfeiture shall result in a commitment to the county jail for a period of one day for each fifty dollars of the forfeiture and costs not paid, or suspension of operating privileges, or the entry of a civil judgment. The clerk shall issue a commitment when appropriate in conformity with this rule.

CR 01-3 APPOINTMENT OF GUARDIANS AD LITEM

Judges of the Circuit Court shall appoint in each calendar year guardians ad litem to serve the court. Guardians ad litem shall be assigned cases by the court in a manner to equalize the guardian ad litem caseloads. The guardians ad litem and the successor guardians ad litem shall continue on a case without further order of the court, including for purposes of extension or review.

CR 01-4 TIME STANDARDS

The court adopts the following time standards for criminal and civil cases. Each standard represents the maximum amount of time needed from arrest to trial in criminal cases and from filing to final disposition in civil cases.

Criminal
Felony 6 months
Misdemeanor, Traffic, Ordinance 6 months
Civil
Personal Injury/Property Damage 18 months
Contract/Money Judgments, Other Civil 12 months
Divorce, Other Family 12 months
Estates 12 months
Small Claims, Contested 3 months
Child Support 6 months
Paternity 6 months
Termination of Parental Rights 4 months

CR 02-1 CONTINUANCE/ ADJOURNMENT

Because a judge is required to combat delay and promote prompt justice, the court will adhere to a strict continuance policy. No adjournments shall be granted except for good cause. A request for adjournment shall be in writing. The parties’ signatures are required and counsel must specify the number of adjournments requested and granted to date and the reasons therefore.

CR 02-2 SCHEDULE

The court will schedule every case for next action or review date at each appearance.

CR 02-3 CALENDARS

Attorneys are required to have their calendars with them in court so that dates can be set in the courtroom when possible. In the event that an attorney does not have his or her calendar in court, a date will be set in accordance with the judge’s calendar.

CR 03-1 IN CRIMINAL MATTERS, APPEARANCES ARE REQUIRED

Defendants shall appear at all scheduled proceedings in the cases. Exception to this rule will be only by specific order of the judge.

CR 03-2 IN CRIMINAL MATTERS, MOTIONS

All evidentiary motions must comply with the term “with particularity” as required by section 971.30, Wis. Stats., by including a statement of facts, which may be on information or belief.

CR-03-3 IN CRIMINAL MATTERS, PRESENTENCE REPORTS

At least 48 hours prior to a scheduled sentencing, the Office of Probation and Parole shall forward copies of the presentence report to the sentencing judge, the prosecutor, and the defense attorney. Counsel and the defendant shall have reviewed the report prior to the date set for sentencing.

CR 03-4 IN CRIMINAL MATTERS, SETTING OF BONDS

When court is not in session and it is requested that bail be set, application must first be made to a full-time Circuit Court Commissioner, and then, if unavailable, the Circuit Judges, who must all be unavailable before any other court commissioner may set bail and the conditions of bond. In every application, the requesting party must contact a representative of the Office of District Attorney for their position on bail so that the court is fully advised in the matter when first contacted.

CR 03-5 IN CRIMINAL MATTERS, OCCUPATIONAL LICENSES

When a party petitions the court for review of a denial of an occupational operator’s license by the Department of Transportation, the petitioner must be a resident of Kenosha County, and the petition must be accompanied by the statutory filing fee. At the time the petition for review is filed, the petitioner must provide the Court with a recent copy of the petitioner’s driving record abstract, a current SR-22 Proof of Insurance form, and a copy of the Department of Transportation’s letter which denied the petitioner an occupational license.

CR 03-6 IN CRIMINAL MATTERS, DISCOVERY DOCUMENTS

All original copies of responses to demands for discovery or requests for documents (including exhibits and attachments to the response) shall be retained by the party who provided the response. Such documents may only be filed with the Clerk of Circuit Court in conjunction with a motion for relief based on failure of a party to provide discovery for which proper demand has been made, or as otherwise permitted by the Court. The party or the party’s attorney shall retain all such documents until the expiration of any periods of review of appeal concerning the matter.

CR 03-07 IN CRIMINAL MATTERS, FELONY SENTENCING GUIDELINES

The prosecution and defense counsel shall provide to the judge the completed sentencing guidelines in felony cases at the time of the sentencing hearing.

CR 04-1 IN CIVIL MATTERS, MOTIONS WITH ACCOMPANYING AUTHORITY

Every motion filed shall be accompanied by a memorandum of authority, concurrently filed, or by a statement of the movant that no memorandum will be filed. Except for a motion for summary judgment, if the non-moving party has been given at least ten (10) days advance notice of the motion hearing date, then any responsive memoranda or affidavits on the motion must be filed at least five (5) days prior to the date scheduled for hearing.

CR 04-2 IN CIVIL MATTERS, AUTHORITY AT TIME OF PRETRIAL

At the time of a pretrial, counsel must have authority to negotiate a settlement in the event their client does not appear. This rule may be satisfied if counsel has immediate telephone access to the client.

CR 04-3 IN CIVIL MATTERS, DEFAULT JUDGEMENTS ON FORECLOSURES

Granting of default judgments in mortgage foreclosures shall be by hearing or by affidavit in open court. This rule shall also apply to mortgage foreclosure sales. If the sale price is below 70% of market value, the moving party shall be required to show special circumstances to justify approval. Reasonable notice to the principal defendant of the hearings on default and confirmation of sale shall be given by the movant.

CR 04-4 IN CIVIL MATTERS, DISMISSAL BY ORDER IS REQUIRED

The attorney for the plaintiff shall prepare and present to the court a written order of dismissal in any case where issue has not been joined and a dismissal is requested or required by law.

CR 04-5 IN CIVIL MATTERS, EXTENSION OF TIME IN WHICH TO FILE AN ANSWER

A party plaintiff may not consent to or authorize an extension of the time to file an answer, under section 802.06, Wis. Stats., beyond an additional thirty (30) days, without approval of the court.

CR 04-6 IN CIVIL MATTERS, MOTIONS TO COMPEL DISCOVERY

A motion to compel discovery must be filed no later than 75 days after the date upon which the discovery response was due.

CR 05-1 IN FAMILY MATTERS, THE FIRST HEARING

The first hearing in family matters shall be held before the Circuit Court Commissioner within 30 days after service of the summons on respondent unless such time is extended for cause in writing. The first hearing shall be for setting of temporary orders, pursuant to section 767.225, Wis. Stats.

CR 05-2 IN FAMILY MATTERS, FINANCIAL DISCLOSURE STATEMENT

Financial disclosure will be submitted on the approved court form.  A preliminary disclosure is to be filed at the first hearing.  Updated financial disclosures including a statement of assets and debts shall be exchanged and filed 10 days prior to the scheduling conference.  The attorneys and/or parties shall exchange completed updated financial disclosures 48 hours prior to the judicial pretrial.

CR 05-3 IN FAMILY MATTERS, THE INTERIM FINANCIAL SUMMARY TO CHILD SUPPORT AGENCY

The Interim Financial Summary to Child Support Agency must be prepared by the payee or payee’s attorney and brought to court for any hearing that will change or modify any part of the fiscal records of the parties. The order will be signed immediately following the hearing so that the information is distributed to the Child Support Agency to update the WISCTF system for receiving and distributing any payments during the time until formal orders are prepared. The payee or payee’s attorney(s) are still obligated to file the original order with the court.

CR 05-4 IN FAMILY MATTERS, THE SCHEDULING CONFERENCE

Only one scheduling conference shall be held in divorce cases, except for good cause shown, as stated in the minutes. Updated financial disclosure statement, including a statement of assets and debts, shall be exchanged and filed 10 days prior to the scheduling conference.

CR 05-5 IN FAMILY MATTERS, PARENTING PLAN

Both parents must file a parenting plan with the Guardian ad Litem 48 hours prior to the first appointment of either party with the Guardian ad Litem. These plans are not to be filed with the court. If the custody/placement issues are not resolved, 30 days following the Guardian ad Litem report to the commissioner, the parties must file with the court and opposing counsel a final parenting plan. Failure to do so may result in adoption of the properly filed plan.

CR 05-6 IN FAMILY MATTER, THE ORDERING OF CUSTODY STUDIES

In cases where the Family Court Commissioner determines the custody or physical placement of the minor children of the parties is contested, the Family Court Commissioner shall enter an order to require the parties to comply with the provisions of section 767.405(8), Wis. Stats. If after mediation the parties do not reach agreement on legal custody or periods of physical placement, the Family Court Commissioner shall enter an order to comply with the provisions of section 767.405(12), Wis. Stats. The Family Court Commissioner shall consider the financial resources of the parties when appointing a guardian ad litem and enter an order requiring the parties to reimburse the County of Kenosha for the fees of the guardian ad litem. The Family Court Commissioner shall enter an order requiring the fees as determined under section 814.615, Wis. Stats., to be paid. When ordered, studies shall be completed within 90 days from the date of the order.

CR 05-7 IN FAMILY MATTERS, MOTIONS TO COMPEL DISCOVERY

A motion to compel discovery must be filed no later than 75 days after the date upon which the discovery response was due.

CR 05-8 IN FAMILY MATTERS, REVIEW OF FAMILY CIRCUIT COURT COMMISSIONER’S DECISION

Any party shall have fifteen (15) days from the granting of a decision, order or ruling, by the Circuit Court Commissioner to seek a new hearing before the circuit court judge assigned to the case, pursuant to section 767.69(8), Wis. Stats.

CR 05-9 IN FAMILY MATTERS, THE JUDICIAL PRETRIALS

Each party shall exchange with opposing party a statement of disputed issues and offer of proof 48 hours prior to the judicial pretrial. Each party will provide a copy to the court at the judicial pretrial.

CR 05-10 IN FAMILY MATTERS, THE FINDINGS, CONCLUSIONS AND JUDGMENT

Findings of fact, conclusions of law and judgment shall contain the current income levels of the parties at the time of the divorce. Pursuant to section 767.251, Wis. Stats., findings of fact, conclusions of law and judgment shall be drafted by the attorney for the moving party, and shall be submitted to the court and filed with the Clerk of Court at the default hearing. All other findings of fact, conclusions of law and judgment must be filed within 30 days after judgment.

CR 05-11 IN FAMILY MATTERS, THE HEARING OF POST-JUDGMENT MATTERS

A Circuit Court Commissioner shall hear all post-judgment matters unless an objection in writing is filed five (5) days prior to the scheduled hearings. If objection is timely received, the matter shall be scheduled before a judge. All evidentiary hearings concerning post-judgment custody matters or cases involving a substantial change of placement will be heard by the judge assigned the case. The Circuit Court Commissioner shall hear all matters prior to an evidentiary hearing concerning this matter.

CR 05-12 IN FAMILY MATTERS, PETITION TO ENFORCE PHYSICAL PLACEMENT

A Petition to Enforce Physical Placement must be accompanied by a sworn affidavit alleging the facts.

CR 06-1 IN PROBATE MATTERS, DUTY OF REGISTER IN PROBATE

The register in probate shall notify the judge to whom the matter is assigned when any duty is more than 30 days late in being performed.

CR 07-1 IN JUVENILE MATTERS, THE FILING OF DISPOSTITIONAL REPORTS

Dispositional reports shall be filed at least 48 hours prior to the dispositional hearing unless a later filing deadline is approved by the court.

CR 07-2 IN JUVENILE MATTERS, POLICIES FOR INTAKE AND DETENTION

Policies of the court as previously entered by the court concerning juvenile intake and detention policies remain in effect and are a rule of court. (A copy can be obtained from Juvenile Intake Office.)

CR 07-3 IN JUVENILE MATTERS, DISCOVERY POLICY

All original copies of responses to demands for discovery or requests for documents (including exhibits and attachments to the response) shall be retained by the party who provided the response. Such documents may be filed with the Clerk of Circuit Court only in conjunction with a motion for relief based on failure of a party to provide discovery for which proper demand has been made, or as otherwise permitted by the Court. The party or the party’s attorney shall retain all such documents until the expiration of any periods of review of appeal concerning the matter.

CR 08-1 IN SMALL CLAIMS MATTERS, PLEADINGS

All small claim actions shall be commenced with a summons on a state approved form. Pursuant to section 799.06, Wis. Stats., all counterclaims and cross complaints shall be in writing.

CR 08-2 IN SMALL CLAIMS MATTERS, SERVICE OF PROCESS

Pursuant to section 799.12, Wis. Stats., service may be made by regular mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed in section 814.62(4), Wis. Stats., only after attempted personal and substituted service under section 801.11, Wis. Stats., have failed and an affidavit of such attempted service is filed with the clerk.

CR 08-3 IN SMALL CLAIMS MATTERS, WRITS OF RESTITUTION

All small claims Writs of Restitution must be issued on a state approved form provided by the Clerk of Circuit Court.

CR 08-4 IN SMALL CLAIMS MATTERS, REPLEVIN JUDGMENTS

All small claims replevin judgments must be issued on state approved forms provided by the Clerk of Circuit Court.

CR 08-5 IN SMALL CLAIMS MATTERS, WRITTEN ANSWER REQUIRED

Defendants in small claim cases who contest the plaintiff’s complaint shall file a written answer with the Clerk of Circuit Court and serve a copy on the plaintiff within ten (10) days from the return date. Failure to file a written answer will result in a default judgment being entered against the defendant and the removal of the trial date from the court calendar.

CR 08-6 IN SMALL CLAIMS MATTERS, WRITTEN ANSWER BY NON-RESIDENTS

Pursuant to section 799.22(4)(am), Wis. Stats., non-residents in small claims actions may file a written answer with the court in lieu of personally attending the return date. The written answer must be filed and served on the plaintiff not less than forty-eight (48) hours prior to the return date.

CR 08-7 IN SMALL CLAIMS MATTERS, REQUESTS BY DEFENDANT FOR ADJOURNMENT OF INITIAL RETURN DATE

Requests by defendants for adjournment of the initial return dates in actions other than eviction actions pursuant to section 799.27, Wis. Stats., shall be made in writing to the Court and received not less than forty-eight (48) hours prior to the initial return date. A copy of the request for adjournment must also be mailed to the plaintiff.

CR 09-1 REMOVAL OF COURT FILES FROM THE COURTHOUSE

Court files will not be removed from the courthouse. This does not apply to appellate attorneys.

CR 09-2 FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT

  1. Facsimile documents transmitted directly to the courts shall be accepted for filing only if:
    1. The Circuit Court has a facsimile machine capable of reproducing documents that meet the Supreme Court rule 72.01 concerning retention of filed documents.
    2. The Circuit Court has a facsimile machine physically located within the offices of the Circuit Court or the Register in Probate.
    3. The document does not exceed fifteen (15) pages in length excluding the cover sheet, unless the assigned judge or court commissioner on a case-by-case basis approves an exception.
    4. No filing fee is required.
    5. No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.
  2. Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if;
    1. No filing fee is required.
    2. No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.
  3. The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
  4. The Circuit Court, judge or clerk is not responsible for:
      1. Errors or failure in transmission that result in missing or illegible documents.
      2. Periods when a Circuit Court facsimile machine is not operational for any reason.
  5. A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformity with section 801.16, Wis. Stats.
  6. Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge or clerk.
  7. Facsimile papers are considered filed upon receipt by the clerk of court and may not be substituted. No additional copies may be sent. The clerk of court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge or court commissioner.
  8. Documents are considered filed when received except that documents received by facsimile transmission after regular business hours of the Clerk of Court’s office are considered filed the next business day pursuant to section 801.16(2)(A), Wis. Stats.

CR 09-3 FACSIMILE TRANSMISSION OF DOCUMENTS FROM COURT FILES

The Circuit Court will transmit documents from a court file to an attorney or requesting agency under the following conditions:

  1. A charge of $1.25 per page.
  2. Immediate payment of charge upon receipt of statement.

CR 09-4 RULE CONCERNING ELECTRONIC DEVICES

Except as otherwise permitted by the judge, all court proceedings shall be free from interruption by the sounding of electronic devices such as cell phones, pagers, beepers, and electronic watches. All persons present at a court proceeding who possess such a device shall deactivate the device to ensure that no audio signal will sound. If the device cannot be deactivated in this manner, then the device shall not be brought into the room where the court proceeding is being conducted. Law enforcement officers providing security to a court proceeding shall be exempt from this requirement.

CR 09-5 COURT RULE CONCERNING FIREARMS

No person may attend a court proceeding while possessing a weapon. An exemption will be made for law enforcement officers who are present as a witness or in some other official law enforcement capacity to attend a court proceeding while armed. However, if the officer is a party to an action or is present in support of a party or is off duty, the officer may not be armed.

CR 10-1 ADOPTION OF UNIFORM RULES FOR TRIAL COURT ADMINISTRATION

The preceding court rules are to be interpreted as specific procedures of the more general Uniform Rules for Trial Court Administration if there is any apparent conflict between the rules.

SIGNED AND SEALED in Kenosha County, Wisconsin this ________ day of September, 2008.

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Uniform Rules for Trial Court Administration

Date of last revision: 9/19/2001

TCA 1: Adoption of Rules Pursuant to SCR 70.34

(a) Rules shall be numbered, and each subsection shall be individually designated.

(b) Rules shall be printed and distributed by the Director of State Courts. Distribution shall be to chief judges, district court administrators, circuit judges, State Law Library, and State Bar of Wisconsin; others as necessary.

(c) Uniform rules for judicial administration may be adopted or amended by the Director as required, after consultation with the chief judges. In emergency situations the Director may adopt or amend those rules subject to consultation with the chief judges at their next regularly scheduled meeting.

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TCA 2: Continuing Jurisdiction, Assignment of Cases

(a) Where practical, post-judgement matters shall be assigned to the trial judge who entered judgement.

(b) Under guidelines established in TCA 4, the chief judge may reassign post-judgement matters on a case-by-case basis as necessary.

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TCA 3: Disqualification of Judges

(a) Prior to the reassignment of an action, the self-disqualification of a judge shall be reviewed by the chief judge.

(b) The chief judge may request further clarification of the reasons for self-disqualification, prior to approving or disapproving same.

(c) The chief judge shall review the self-disqualification for conformity with statutes, Supreme Court Rules, and existing guidelines.

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TCA 4: Reassignment of Cases

(a) Upon the approval of a request for assignment pursuant to substitution or disqualification, the chief judge shall reassign the case or request reassignment by the Director of State Courts. Reassignment shall be made using the following criteria:

  1. availability of judges;
  2. physical proximity of judges;
  3. equalization of caseload; and
  4. other appropriate administrative considerations.

(b) No greater weight or significance shall be attached to any specific criterion enumerated under subsection (a) of this rule by virtue of its numerical listing.

(c) Generally, intra-district assignment of a judge from a neighboring county is preferred over the assignment of a judge from a different district.

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TCA 5: Out of County Juries

A copy of any order under ss. 971.22 or 971.225, Stats., changing the place of trial to another county or requiring the selection of a jury from another county shall be sent by the ordering judge to the chief judge and district court administrator prior to the scheduling of any activities in the other county. The scheduling of any activities in the other county shall be done by the chief judge or district court administrator in consultation with the ordering judge, the chief judge or district court administrator of the district in which the other county is located (if different) and the clerks of court of both counties. The chief judge or district court administrator shall confirm the chosen dates with the ordering judge, the chief judge and district court administrator of the other county and the clerks of court.

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TCA 6: Court Reporters

(a) Court reporters may be required by the chief judge or Director of State Courts to report in a court other than that to which he or she is generally assigned.

(b) Reassignment of court reporters under subsection (a) of this rule shall not be permanent, but only for specified periods of time as determined necessary by the chief judge or Director of State Courts.

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TCA 7: Per Diem Court Reporters' Notes

(a) The notes of per diem court reporters shall be delivered to the clerk of circuit court of the county in whose jurisdiction the notes were taken, or his or her designee under paragraph (b).

(b) With prior approval of the chief judge, the clerk of circuit court may designate as physical custodian of per diem court reporters' notes:

  1. in the First Judicial Administrative District, the office of the district court administrator.
  2. in all other districts, the official court reporter in whose branch the notes were taken.

(c) The clerk of circuit court or other designated custodian shall have the authority to release to a court reporter the custody of said notes for the purpose of preparing a transcript, without further order of the court.

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TCA 8: Threats to the Judiciary and Court Employees

The circuit judges of each county shall develop a single policy which addresses threats to judges and court staff. The policy shall include, but is not limited to the following guidelines:

(a) A law enforcement agency in each county shall be identified as the primary law enforcement agency to receive reports of threats and investigate such reports within their normal investigative procedures. The designated law enforcement agency should be encouraged to identify a liaison officer for reporting purposes.

(b) If a threat does not appear to impose imminent danger, the threat shall be reported to the law enforcement agency in a prescribed manner. If a threat appears to be immediate, the prescribed law enforcement agency shall immediately be notified and requested to provide an independent evaluation concerning the emergency of the threat and recommendations as to further procedures.

(c) All threats, regardless of their degree, shall be reported in order to allow for an independent evaluation by law enforcement.

(d) In conjunction with law enforcement, written procedures shall be developed which assist the threatened person in collecting and preserving the appropriate evidence needed by law enforcement for investigative purposes.

(e) Judges and court staff shall inform the chief judge or designee of any threat and the subsequent steps that have been taken pursuant to the guidelines. The chief judge or designee shall develop a mechanism for logging reported threats.

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TCA 9: Workload Assistance for Official Court Reporters

(a) If an official reporter requests workload assistance from the district court administrator in order to prepare a transcript (where a Notice of Appeal has been filed with the Clerk of Court or Register in Probate) in a timely manner, such assistance should not be provided more than ten days prior to the due date for the specifically requested transcript.

(b) Each judicial administrative district shall develop written policies on workload assistance. Policies should take into consideration court caseload, vacations requested in close proximity of the transcript due date, the estimated number of pages due, number of other appeals and requests for extensions.

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TCA 10: Reserve Judges

(a) Assignment Plan

After qualification as a reserve judge but prior to initial assignment, and at least annually thereafter, the reserve judge shall confer with the chief judge of the reserve judge's home district, as determined by the Office of Court Operations. The chief judge may waive this requirement, and may rely on information provided to the Office of Court Operations. Items to be discussed may include the number and type of cases the reserve judge is willing to handle, counties in which he or she is willing to act, times when unable to serve, whether he or she intends to engage in the practice of law or provide private resolution services, judicial education which may be appropriate, nature of staff support and resources desired, and other matters which might affect assignments. The chief judge shall establish an assignment plan consistent with the skills and availability of the reserve judge and the needs of the court system, and shall provide a copy to the Director of State Courts. Nothing contained herein shall affect the validity of any assignment or the validity of any order, judgement or action of an assigned reserve judge.

(b) Judicial Education and Mentoring

A reserve judge may request, or the chief judge may require, the reserve judge complete a mentoring period prior to assignment. Any reserve judge who has not been assigned to act for an extended period may, at his or her request or that of the chief judge, be required to attend the Judicial College or designated Judicial Education programs prior to assignment.

(c) Notice of assignments

Notice that a reserve judge has been assigned shall be given to the chief judge of the district in which he or she has been assigned and to the chief judge of the reserve judge's "home district."

(d) Filing

All papers to be filed in matters to which a reserve judge is assigned shall be filed with the clerk of court in the county of venue. The reserve judge may require that copies be provided to him or her by the person filing.

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TCA 11: Motion/Petition to Modify or Enforce a Judgment Filed from Another County

(a) Upon the filing of a petition or motion to modify or enforce a family judgement under §767.025, if the clerk of court determines that the original judgment was rendered in another Wisconsin county, the clerk shall notify the judge assigned to the motion/petition that it has been filed, the county where the judgment was rendered, and the name of the judge of record.

(b) No later than 20 days after filing, but prior to any hearing on the motion/petition, the assigned judge in the county of filing shall ensure that communication between the filing court and the court of original jurisdiction takes place to determine if venue is at issue. The court's decision regarding venue shall consider the degree to which the court of record was involved in the judgement. Communication between the courts shall take place even though it may not be requested by the parties.

(c) If the court or the parties disputes venue, the judge of record shall conduct a teleconference under §807.13(3) to determine venue. If it is determined that the motion/petition will be heard in the new county, venue of the case will be changed to the new jurisdiction pursuant to §801.52.

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TCA 12: Repealed

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TCA 13: Venue in Motions to Contest the Administrative Enforcement of a Support Obligations

(a) If the obligor or a third party receives notice from the Department of Workforce Development that an administrative enforcement action allowed by statute is being pursued, the notice shall direct the obligor or third party where to file their motion to contest the administrative procedure.

(b) All motions shall be filed with the court in the county in which the order or judgement seeking to be enforced has been entered.

(c) Effective Date: To be determined.

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TCA 14: Extension of Time to Decide a Matter - Notification to Parties

Each Judicial Administrative District shall develop a procedure which ensures that the parties or their attorneys are notified in writing when the period of time to decide a matter has been extended for an additional 90 day period as authorized by SCR 70.36(1)(a). This procedure is in addition to any other requirement mandated by SCR 70.36.

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TCA 15: Volunteer Inter-District Assignments

(a) In the event a circuit court judge offers to work in another judicial administrative district, a request shall be submitted in writing to the chief judge and district court administrator of his or her home district. The chief judge shall review the calendar and workload status of the judge who volunteers and determine whether the judge may be authorized to work in another district. If no specific district is proposed by the volunteering judge, the chief judge may notify the Director of State Courts office of the availability of the volunteering judge to work in another district.

(b) If a specific county is requested/proposed by the volunteer judge, the request shall be submitted to the home chief judge who shall review and approve or deny the request. He/she shall notify the proposed district chief judge of the approval or denial of the request. If both chief judges approve the assignment, they shall notify the Director of State Courts Office which shall make the assignment. This is a temporary TCA rule in effect from July 1, 2000 to June 30, 2001.

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Signed and sealed this 19th day of September 2001

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