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Lincoln County Circuit Court Rules
(Ninth Judicial District)

Re: Judicial Proceeding Closed to News Media

The following rule has been adopted by the Lincoln County Circuit Court:

"Unless deemed impractical by the trial judge, a party requesting that any judicial proceeding be closed to the news media must notify the media coordinator at least 72 hours prior to the time set to hear such a request. 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 S. 757.14, Stats., should not apply."

Dated this 9th day of May, 1980.

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Re: Forwarding to the Appellate Offices of the State Public Defender Original Court Records Under Sec. 807.08, Stats.

Upon consideration of the order of the Chief Judge of the Ninth Administrative Judicial District concerning provision of court records to the appellate offices of the State Public Defender,

NOW THEREFORE IT IS ORDERED that the Clerk of Courts be and hereby is directed to forward to the designated appellate office of the State Public Defender, the original court record of any indigent criminal defendant, in any case where the Public Defender certifies that review of the court records is essential to providing appellate representation to the indigent named.

AND FURTHER that the State Public Defender's Office assume full responsibility for said record and the safe return to the Clerk of Court thereof.

IT IS FURTHER ORDERED that the Public Defender shall return to the Clerk of Court all court records received pursuant to his request and this order within ten days of receipt of the record.

Dated this 8th of July, 1980.

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Re: Compliance with Sec. 970.02(7), Wis. Stats.

IT IS HEREBY ORDERED that all prosecutors and special prosecutors coming before the Lincoln County, Wisconsin Circuit Court, including the City Attorneys of the Cities of Tomahawk and Merrill, shall inform the Judge of said Court in any case where a person or defendant charged with an offense specified under sec. 165.83(2)(a), Wis. Stats., has not had his or her fingerprints, photographs and/or other identifying data taken.

If data have not been taken, then it is directed that this information be obtained. The Court will make a more specific Order with regard to such information in all cases where it is necessary and appropriate to so.

Dated this 21st day of May, 1982.

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Re: Affidavits of Indigency Form

Upon the Court's own motion and in accordance with what the Court views to be its inherent powers regulating good order and procedure in the Court;

IT IS HEREBY ORDERED that, from this date forward, all affidavits of indigency filed pursuant to Wis. Stat. sec. 814.29 shall conform with, or be substantially similar to, the attached form. Any affidavit that states only the conclusions that the affiant is of the opinion that he or she is unable to pay costs because of his or her poverty, without the basic information called for by this form, will be insufficient and will not be considered by the Court.

Dated this 24th day of May, 1988.

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Re: Affidavits of Indigency

Upon the Court's own motion and in accordance with what the Court views to be its inherent powers regulating good order and procedure in the Court;

IT IS HEREBY ORDERED that, from this date forward, all orders approving affidavits of indigency filed pursuant to Wis. Stat. Sec. 814.29 shall contain the caption of the case which shall conform to that used on the affidavit.

IT IS FURTHER ORDERED that no requests for inspection of records under Wis. Stat. Sec. 19.35 shall be served pursuant to an Affidavit and Approval under sec. 814.29 since the statutes do not require that such requests be served and they do not necessarily ultimately result in a court action or proceeding. However, copies of such requests filed with an action for mandamus under Wis. Stat. Sec. 19.37 may be served in connection with documents necessary to be served in order to commence an action for mandamus.

IT IS FURTHER ORDERED that any requests for waiver of service fees for the service of a written notice of circumstances of claim and/or claim pursuant to Wis. Stat. Sec. 893.80 shall be specifically and separately set forth in the affidavit presented pursuant to Wis. Stat. Sec. 814.29. The Order of Approval shall thereupon specifically allow for the service of such notice or claim.

IT IS FURTHER ORDERED that all orders approving of an affidavit of indigency pursuant to Wis. Stat. Sec. 814.29 shall be effective for no more than 30 days from the date that they are signed by the Court.

This order shall be effective as to all such affidavits and orders of approval signed on or after the date that this order is signed by the Court.

Dated this 17th day of May, 1989.

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Re: Huber Privileges

The following shall apply in all cases where Huber Law privileges, pursuant to sec. 56.08 of the Wis. Stats., are granted to persons in Lincoln County, Wisconsin:

IT IS ORDERED that, until further order of the Court or a change in the law, all persons serving time in the Lincoln County, Wisconsin Jail with Huber Law privileges shall, pursuant to sec. 56.08(5) have their wages or salaries disbursed by the Lincoln County Sheriff for the following purposes in the order hereinafter stated:

  1. For the board of the prisoner;
  2. For the necessary travel expenses to and from work and other incidental expenses of the prisoner;
  3. For the support of the prisoner's dependents, if any;
  4. For the payment, either in full or ratably, for the prisoner's obligations acknowledged by him or her in writing or which have been reduced to judgment;
  5. The balance, if any, is to be paid the prisoner upon the prisoner's discharge.

Dated this 6th day of May, 1982, revised this 4th day of October, 1995.

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Re: Enabling Family Court Commissioner to Preside Over Certain Actions Affecting the Family

WHEREAS, the Lincoln County Family Court Commissioner has been duly appointed by this Court to conduct temporary hearings to set temporary support orders; and

WHEREAS, in order to comply with federal laws requiring expedited process for establishing and enforcing child support obligations;

IT IS HEREBY ORDERED that Lincoln County Family Court Commissioner Richard Olson be, and he hereby is, appointed to assist in meeting these mandates by presiding, on an as-needed basis, over the following actions in addition to his present duties:

  1. Enter judgments in certain divorce actions where all material issues are resolved or if one party does not participate in the action for divorce. (Sec. 767.13(5){a), Wis. Stats.)
  2. Conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance or child support. (Sec. 767.13(5)(b), Wis. Stats.)
  3. Enforcement of post judgment orders including enforcement by contempt proceedings under ch. 785 or by other means (sec.767.29(1), Wis. Stats.) Contempt orders in which confinement is imposed shall be issued by a judge. (Sec. 767.40, Wis. Stats.)
  4. Conduct hearings, order blood tests, make recommendations, and enter Judgments by default or stipulation pursuant to initial appearances and pretrial paternity proceedings. (ss. 767.46, 767.458, 767.465, Wis. Stats.)

Dated this 5th day of March, 1990.

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Re: Delegation of Authority to the Family Court Commissioner for Lincoln County, Wisconsin

Pursuant to Wis. Stat. Sec. 767.13(5)(b) I, Judge of the Circuit Court for Lincoln County, Wisconsin, do hereby authorize and delegate the Family Court Commissioner and any Assistant Family Court Commissioner for Lincoln County, Wisconsin, to conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.

Dated this 28th day of February, 1996.

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Re: Access to Court Files by County Staff Engaged in Child Support Enforcement

WHEREAS, the Lincoln County Clerk of Circuit Court is the agency designated by statute as the repository of all family law court files and child support payment and disbursement records; and

WHEREAS, the Child Support Agency and Office of the Corporation Counsel have an urgent and ongoing need for access to such records in carrying out their statutory duties relative to enforcement of the laws pertaining to child and spousal support, paternity establishment and medical support liability; and

WHEREAS, sec. 59.07(97), Wis. Stats., provides that the Clerk of Court (and others) shall cooperate with the County and the Department of Health & Social Services as necessary to provide the services required under the programs; and

WHEREAS, sec. 767.29(1), Wis. Stats., provides, in part, that the Clerk of Court's records of child support payments and disbursements shall be open to inspection by the Department of Health & Social Services, the parties and their attorneys;

IT IS HEREBY ORDERED that pursuant to sec. 807.08, Wis. Stats., the Lincoln County Clerk of Circuit Court shall allow such access to court files as is required by the statutory agencies and personnel to carry out their official duties under Title IV of the Federal Social Security Act.

IT IS FURTHER ORDERED that to the extent it is efficient and cost-effective to allow such personnel engaged in Title IV activities to make their own copies of required documents, such persons shall be allowed to borrow court files.

IT IS FURTHER ORDERED that the Clerk shall take a written receipt for all files or papers so taken and preserve same until such papers are returned. Papers so taken shall be returned as soon as practicable or at once upon request of the Clerk or the Court. No paper shall be kept longer than ten (10) days.

Dated this 13th day of October, 1992.

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Re: Delegating Powers to Court Commissioners

As Judge of the Circuit Court for Lincoln County, Wisconsin, I hereby delegate to all of the Court Commissioners for Lincoln County, Wisconsin all of the powers and duties set forth under Wis. Stat. Sec. 757.69 as now constituted and as from time to time amended. This Order shall remain in full force and effect until revoked or limited by a further order.

Dated this 21st day of August, 1991.

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Re: Facsimile Transmission of Documents to the Court

This rule supercedes the Court's previous rule, approved September 13, 1991, regarding facsimile transmission of documents.

Facsimile documents transmitted directly to the Lincoln County Circuit Court shall be accepted for filing only at 715-536-0361 pursuant to the following provisions:

a. The document does not exceed fifteen (15) pages in length.

b. No filing fee is required.

c. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

d. Papers filed by facsimile transmissions completed after regular business hours of the Clerk of Circuit Court's office are considered filed the next business day. The regular business hours of the Lincoln County Circuit Courts are 8:15 a.m. to 4:30 p.m., Monday through Friday.

e. Facsimile documents are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. The transmitting party shall send no additional copies of the facsimile transmission. The Clerk of Circuit Court shall discard any duplicate papers subsequently received by the Clerk of Circuit Court, assigned Judge or Court Commissioner. Parties who have transmitted documents by facsimile to the court shall retain in their own files any "original" document that was used for the facsimile transmission. In the event the authenticity of the faxed document is challenged, the party who faxed the document to the court shall have the burden of showing authenticity.

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court, judge or clerk, is not responsible for:

a. Errors or failures in transmission that result in missing or illegible documents.

b. Periods when a circuit court facsimile machine is not operational for any reason.

If documents are transmitted to a plain-paper facsimile machine of a non-court agency, party or company for the receipt, transmittal and delivery to the Clerk of Circuit Court, the Clerk of Circuit Court shall accept the papers for filing only if the transmission complies with the foregoing court rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.

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 conformance with Wis. Statute Sec. 801.16. Facsimile documents exceeding 15 pages in length must certify that the assigned judge or court commissioner has approved such filing.

Documents that are not to be filed but are to be used by the court for reference may be transmitted by facsimile transmission at the discretion of the judge or clerk.

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Re: Divorce Cases Involving Minor Children

The Court pursuant to sec. 767.115 Wis. Stats., enters the following order:

Section 1

All parties involved in divorce proceedings who have minor children born of that marriage are ordered to complete the Active Co-parenting Program (entitled "An Introduction to Active Co-parenting"), an educational program dealing with the effects of divorce on children.

Section 2

Upon completion of the program, the parties are required to file with the Clerk of Court and Family Court Commissioner a parenting plan, signed by each, which will explain how they plan to care for their children after the divorce.

Section 3

No divorce shall be granted until the Active Co-parenting Program has been completed and a Certificate of Compliance from the program and the parenting plan have been filed with the Clerk of Court.

Section 4

The Active Co-parenting Program shall be successfully completed within 120 days of the service of the petition. Failure to complete the program may lead to court sanctions including contempt.

Section 5

If the parties cannot agree on a parenting plan, they shall so inform the Family Court Commissioner in writing and they shall then be ordered into mediation. If mediation fails, a guardian ad litem shall be appointed.

Section 6

Each party shall pay a fee to cover the cost of the program. The petitioner shall pay the fee at the time the action is filed. The respondent shall pay the fee at least one week before attending the first session. Payment shall be made to the Lincoln Health Care Center.

Section 7

For good cause shown, the Family Court Commissioner may waive the requirement of completion of this program in individual cases. Fees may be waived by the Family Court Commissioner or the Court if the parties are indigent.

Section 8

This order shall apply to all divorces involving minor children filed in Lincoln County, Wisconsin on or after the 25th day of September, 1995.

Dated at Merrill, Wisconsin, this 15th day of September, 1995.

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Re: Bond or Bail

IT IS HEREBY ORDERED that Clerk of Court may return any bond or bail not set by the Court to the person who has posted same upon receiving a written request from the District Attorney stating that the District Attorney feels the person will make his or her court appearance without the bail money being held, or that no charges will be brought, and requesting that the money be returned to the person who posted it.

Dated this 25th day of August, 1995.

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Re: Transcripts

In accordance with the Court of Appeals holdings in the cases of State. ex rel SMO v. Resheske, 110 Wis. 2d 447, 329 N.W. 2d 275 and State. Ex rel Oliver v. Guolee, 179 Wis. 2d 376, 507 NW 2d 145; IT IS HEREBY ORDERED that, despite any other statutory sections to the contrary, the Clerk of Court and Court Reporters for Lincoln County shall, pursuant to Wis. Stat. Sec. 967.06, provide transcripts and copies of court records for persons who are represented by the state of Wisconsin, Public Defenders Office without further court or approval.

Dated this 19th day of March, 1996.

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Re: Granting Powers to Lincoln County Family Court Commissioners and Assistant Family Court Commissioners

Pursuant to Wis. Stats. Sec. 757.69 I IT IS HEREBY ORDERED THAT, until further order or the Court all Lincoln County Family Court Commissioners and Assistant Family Court Commissioners shall have all of the powers and authority designated by Wis. Stats. Sec. 757.69 (1) and (2).

Dated this 19th day of October, 1998

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Re: Refusal Hearing Notification

IT IS HEREBY ORDERED that the Lincoln County Clerk of Circuit Court is authorized to notify the Department of Motor Vehicle by MV3435 - Conviction Status Report when a hearing has not been requested on a OWI related refusal. This notification includes situations where a hearing has not taken place.

Dated this 28th day of April, 2000

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Re: Small Claims Procedure

I1. All small claims initial return dates shall be set by the Clerk of Circuit Court.

2. All defendants shall file a written answer to the complaint filed against them the written answer shall set forth the defendant's defense to the claim and shall fairly meet the averments set forth in the complaint.

a. If the answer is filed in the office of the Clerk of Circuit Court at least two business days prior to the scheduled hearing time, the defendant or his or her representative, need not appear on the return date.
b. If the defendant or his or her representative, appear on the return date and contest the plaintiff's claim, the answer must be filed within ten days following the return date.

Any failure to file an answer as provided herein shall result in the answer being struck and a default judgment will be entered against the defendant.

3. Plaintiff need not appear at the initial return date and will be notified as to whether or not a judgment was entered in his or her favor, or that the matter has been set for a trial and notified of the trial date.

4. If the defendant or his or her representative, fail to appear on the return date, judgment will be granted against them in accord with the demand in the Complaint, together with taxable costs.

5. A plaintiff or his or her legal representative, may reduce the demand in a Complaint as against defendants at any time prior to the initial return date by oral or written contact with the Clerk of Circuit Court's office, when such reduction is received in the office at least two business days prior td the return date.

6. There shall be no adjournment of a return date except upon agreement of the parties or as otherwise ordered by the Court based upon cause shown.

7. No judgments granted in small claims court will be docketed until the docketing fee has been tendered to the Clerk of Courts.

8. If the claim is for a replevin, garnishment, or eviction, the Court shall attempt to give the matter the first available trial date on its trial calendar.

9. At the trial the parties will be limited to two witnesses per side, unless they have notified the Court immediately upon receipt of the notification of the trial date, that they will have more witnesses and the matter was rescheduled.

Dated this 16th day of November, 2001.

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Re: Deoxyribonucleic Acid Analysis & Surcharge

WHEREAS, sec. 973.046, Wis. Stats., provides:

(1r) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02(1) or (2) or 948.025, the court shall impose a deoxyribonucleic acid analysis surcharge of $250.

(1g) Except as provided in sub. (1r), if a court imposes a sentence or places a person on probation for a felony conviction, the court may impose a deoxyribonucleic acid analysis surcharge of $250.

IT IS HEREBY ORDERED, that upon each felony conviction in Lincoln County the defendant will report to the Lincoln County Sheriffs Department to submit a biological specimen.

IT IS ADDITIONALLY ORDERED, that each person so convicted of a felony in Lincoln County, shall pay a deoxyribonucleic acid analysis surcharge of $250 unless the payment of said amount is waived by agreement of the District Attorney and is ordered waived at sentencing.

Dated this 16th day of November 2001.

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Re: Felony Arraignment Procedure

In felony criminal matters, the arraignment shall occur immediately at the conclusion of the preliminary hearing in which there has been a bind over or at any scheduled preliminary hearing date where the preliminary hearing is waived and a bind over is made based upon the criminal complaint. 'The District Attorney and the defense shall be prepared to proceed immediately following the bind over.

If the information contains charges other than those found in the original complaint, the Court shall set the matter for a judicial' scheduling conference at which an arraignment date will be set.

The defendant, or his or her representative, or the District Attorney, may for good cause shown, request that the arraignment not be held immediately following the bind over, in which case the matter will be set for a judicial scheduling conference.

Dated this 16th day of November, 2001.

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Re: Payment of Guardian ad Litem and attorney fees

In order for an attorney who has been appointed as Guardian Ad Litem or Adverse Counsel by the Lincoln County Circuit Court to receive payment for their services from Lincoln County, they must submit an itemized bill together with the proper Affidavit and Order for Payment to the Clerk of Court's or Register in Probate's Office (depending on who appointed them), no later than sixty (60) days from the date of the final disposition in the case to which they were appointed.

When an appointment is ongoing, the attorney must submit an up-to-date itemized billing statement together with the proper Affidavit and Order for Payment no later than January 15 of each year for services rendered in the previous calendar year.

This Order will become effective on January 1, 2005, and shall apply to all current and any future appointments.

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Re: Preparation of order to produce in criminal matters

Effective date: All court appearances after January 1, 2005.

Whereas, Lincoln County prisoners are now being housed in jail facilities outside of Lincoln County,

Whereas, prisoners who appear in Lincoln County Circuit Court are already incarcerated in the state prison system,

Whereas, it is beneficial to the Court, the prosecution and the defense to have certainty as to who is to prepare an Order to Produce,

NOW THEREFORE, the Courts of this county enact the following Court rule:

If the defendant is held on Lincoln County charges in some jail facility other than Lincoln County, then the District Attorney's office will be obligated to prepare the Order to Produce.

If the defendant is out on bond or is being held in some other county on that county's charges, then the defense attorney will be obligated to prepare the Order to Produce.

If the defendant is in the state prison system, then the district attorney will be obligated to prepare the Order to Produce.

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Re: Discovery in Criminal Prosecutions

Effective date: All cases commenced after April 1, 2003

Whereas, §97l.23 of the Wis. Stats. provides for the timing of responses to demands. for discovery in criminal cases but is ambiguous in that it only provides that the responses shall be made "a reasonable time" before trial, and

Whereas, it would be beneficial to the defense and the State for the Court to define what is considered to be "a reasonable time" before trial,

NOW THEREFORE, the Courts of this county enact the following Court rule:

Nothing in this rule shall be construed as prohibiting or discouraging the defense and prosecution from voluntarily disclosing information, evidence, statements, and reports to the other under informal or formal agreements, nor shall this rule apply to disclosures or notifications for which a specific date or time limit is prescribed by state. In the absence of such voluntary disclosure, statutory specific date or time limit, or order of the Court upon motion, the following rules will control.

Demands for discovery and the responses thereto, pursuant to 971.23 Wis. Stats. shall be made in writing and served by ordinary mail. The demand may not be made until after the entry of a plea in both misdemeanor and felony matters. Unless otherwise allowed by the Court, no demand may be made less than 45 days prior to trial.

A party shall respond by production of the materials within 30 days of being served with said demand. A party is under a continuing duty to immediately supplement any responses previously made when and if additional demanded material becomes available to it. Any materials produced more than 30 days after demand but less than 30 days before trial, will be subject to the sanctions set forth in 97l.23(7m) unless good cause is shown. Any material produced more than 30 days after demand may be subject to the sanctions set forth in 971.23(7m).

Any demand for discovery in a criminal case filed in this county shall contain the following statement: "This demand is subject to a Lincoln County Circuit Court Rule in regards to time limits for responding and supplementing responses, please refer to it for your specific obligations. If necessary, you may obtain a copy of that Court Rule from the Lincoln County Clerk of Courts."

Last signed this 19th day of March, 2003.

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Re: Guardian Ad Litem Appointements

In any action in which it is necessary for the Court to appoint a guardian ad litem, each party shall first be required to make to the Clerk of Court for Lincoln County the following payments for the appointment and continued service of the guardian ad litem:

$400.00 in advance of the guardian ad litem's appointment;

$ 50.00 per month payable no later than the 15t day of each month, commencing with the next month.

Individuals who are indigent may file an affidavit of indigency and a written request for waiver of these requirements.

The Clerk of Court shall hold all payments in trust until the conclusion of the proceeding, at which time each party will be credited with the amount that party has paid toward the share of guardian ad litem fees that party has been ordered to pay by the Court. The Clerk shall refund any excess amounts to the party.

A party's failure to pay any of the amounts required shall subject that party to potential sanctions for contempt of Court.

Until both parties have either paid the $400.00 advance or the Court has approved an affidavit of indigency and waiver of fees:

No guardian ad litem shall be appointed, and

No final hearing or trial shall be scheduled by the Court.

Dated this 15 day of November, 2005

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Re: Standard Summary Judgment Procedure

Effective date: All cases commenced after January 1, 2006.

In order to promote the efficient administration of cases, these Courts adopts the following court rule:

  1. All documents submitted shall have a caption page that shall set forth the legal caption and case number and the motion, brief, and statement of undisputed facts will indicate whether the motion being considered is for "full" or "partial" summary judgment and if partial, the claim or defense upon which summary judgment is being sought.
  2. A party seeking summary judgment shall serve and file, with the motion for summary judgment:
    1. A Statement of Proposed Undisputed Facts; and
    2. A Statement of the Elements of the claim or defense being attacked or asserted and
      Proposed Conclusions of Law on said elements.
    3. A Brief in support of the motion.
    4. Supporting evidentiary documents as allowed under §802.08.
  3. A Statement of Proposed Undisputed Facts and the Statement of Elements and Proposed Conclusions of Law may be submitted as a combined docuroe'lt but the Brief in support of the motion for summary judgment and the supporting documents under'c§~02..08 must be submitted as separate documents.
  4. The Statement of Proposed Undisputed Facts may contain a brief summary of the case but then shall contain a section designated as "Undisputed Facts" which shall only deal with the facts necessary to support the claim or defense being attacked or asserted and shall include the following:
    1. Factual propositions (not conclusions or arguments) shall be set forth in numbered paragraphs and, to the extent practicable; each paragraph shall state only one factual proposition.
    2. After each paragraph, there must be a reference to the evidentiary basis per sec. 802.08(3), Wis. Stats., such as a deposition by person, page and line; Interrogatory by date and question and answer; pleading by paragraph; affidavit by person and paragraph; etc.
  5. The Statement of Elements and Proposed Conclusions of Law shall be in numbered paragraphs, shall accurately characterize the law on the issue in question and shall be supported with a legal citation to standard jury instructions or case law, the citation of which shall contain the page of the opinion upon which the alleged rule of law is promulgated.
    1. Following each element shall be a reference to the paragraph number of the Proposed Undisputed Facts that supports or negates that element of the claim or defense.
  6. At a date set by the court or, if no date has been set, 30 days after service of the motion for summary judgment, any party opposing a pending motion for summary judgment shall serve and file:
    1. A response to the moving party Proposed Statement of Undisputed Facts, and
    2. A response to the moving party's Statement of Elements and Proposed Conclusions of Law,
    3. A brief in opposition to the motion for summary judgment, and
    4. Any supporting papers, pursuant to sec. 802.08(3), Wis. Stats. that the party chooses to submit.
  7. A responding party's Statement of Proposed Facts and the Statement of Elements and Proposed Conclusions of Law may be submitted as a combined document but the response Brief to the motion for summary judgment and the supporting documents under §802.08 must be submitted as separate documents.
  8. The Statement of Proposed Facts may contain a brief summary of the case but then shall contain a section designated as "Disputed Facts" which shall only deal with the facts asserted by the movant that are in dispute or as necessary to support the claim or defense being attacked or asserted and shall include the following:
    1. The paragraph number of the movant's alleged Undisputed Fact about which there is a genuine issue of fact as to the whole or a part of the factual proposition.
    2. Any response asserting the existence of a genuine issue of fact shall cite to depositions, discovery responses, pleadings or affidavits which comply with sec. 802.08(3), Wis. Stats. all in accord with paragraph 4. b. above.
    3. Unless the responding party places a factual proposition of the moving party in dispute, the court will conclude that there is no genuine issue of fact as to the finding initially proposed by the moving party.
  9. Responses to Proposed Conclusions of Law shall respond to each legal conclusion stated by the moving party. If the responding party believes the motion must fail because of conclusions of law not stated by the moving party, the respondent may state such other conclusions of law.
  10. At a date set by the court or, if no date has been set, 15 days after service of the a brief in opposition to the motion for summary judgment, the moving party may submit a reply brief.
  11. The Court will render its decision on the basis of the written submissions and briefs unless the Court requests oral argument from the parties in which case they will be contacted.

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