Marathon County
Circuit Court Rules
(Ninth Judicial District)
COURT RULES & POLICIES - CHAPTER
1
4th
EDITION
November, 2000
(Rules 3.17 & 5.95 changed - April
2001)
(Rule 2.12 changed - June 2001 )
(Rule 4.71 (1) changed - June 2003 )
(Rule 3.69 changed - August 2003 )
(Rule 2.25 changed - February 2005)
(Rule 4.71(3) and 4.71(7) changed - July 2007)
(Rule 4.20 removed - October 2009)
CHAPTER 1: COURT RULES & DECORUM
The Marathon County Circuit Court Judges, in order to provide for a system of efficient court administration, and to encourage uniformity between the various branches of this court, hereby codify, adopt and promulgate the following rules and policies effective July 1, 1987. All previous rules and policies not otherwise incorporated herein shall have no force or effect after this effective date.
Source: Original, 7/87
(1) Enactment of Changes: The Marathon County Circuit Court Judges expressly retain their inherit right and power to amend, add to, or delete from these rules and policies as needs and circumstances require, either with or without prior opportunity of any persons comment.
(2) Policy of Procedure: It will be the policy of the Marathon County Judges to give adequate prior notice of changes to these rules and policies to the Marathon County Bar Association through the president thereof and may, from time to time and as circumstances permit, seek comment on any proposed changes through the Bar Association Bench-Bar Liaison Committee.
Source: Original, 7/87; 4th Edition, 2000
(1) Purpose: The purpose of these rules and policies is to promote and encourage uniformity between the Marathon County Courts in the conduct, practice and procedures of the courts together with the equal application of justice between the courts in reoccurring issues of law.
(2) "Rule", as used herein, is a regulation or command governing the administration, conduct, practice and procedures of the courts having the force of law. Any deviation requires an amendment to the rule by the combined actions of the judges.
(3) "Policy", as used herein, constitutes a guideline recommending a uniform practice or disposition of a reoccurring application of the law enacted for the purpose of promoting the uniform exercise of judicial discretion to discourage the practice of forum shopping. Deviation from these policies is in the individual judge's discretion based upon the specific facts and circumstances of a case with due regard being given to the policy and purpose thereof.
Source: Original, 7/87
1.10 COURT DECORUM; PURPOSE AND POLICY
It is the goal of the Circuit Judges to conduct all hearings and trials in a manner consistent with the importance of the judicial branch of government in this country. In order to conduct the court's business in a manner that not only reveals the importance of the legal process to the various litigants, but also gives the impression the case before the court will be considered seriously and with dignity, these rules of decorum are adopted for proceedings before the Marathon County Circuit Courts.
Source: Ex 2.01; Order 5/80
1.11 OPENING OF COURT; WITNESSES
(1) Opening of Court: At the commencement of a jury trial or at such other times as the court may direct, court shall be opened formally by either the bailiff or the clerk of court. All people present in the courtroom shall rise when the judge or court commissioner enters the courtroom.
(2) Calling of Cases: The court shall call the case by case name and number which commences the recorded proceedings. Counsel prosecuting the case or who file the action then before the court shall then state the appearances for the record.
(3) Swearing in Witnesses: The swearing in of witnesses should be an impressive ceremony and not a mere formality.
Source: Ex 2.03; Order 5/80; JM 4/99
Lawyers shall conduct themselves in a manner that enhances the dignity of the proceedings in the eyes of the jury and the public by observing the minimum standards of conduct established by Supreme Court Rule 62 and these rules:
(1) Manner of Address: The judge and opposing counsel shall be addressed formally.
(2) Position Upon Examining Witnesses: Unless otherwise permitted, lawyers shall examine witnesses from a position at counsel table or at the lectern, except when handling exhibits.
(3) Eating and Smoking: Smoking, eating or drinking in the courtroom is prohibited.
Source: With the Adoption of SUPREME COURT RULE 62, many local court rules were removed as covered by the new rules. These remain. Ex 2.12; Order 5/80; JM 4/99; 7/00
1.20 WEAPONS IN COURT FACILITIES
(1) General Prohibition: Except as provided herein below, no weapons are permitted in the Marathon County Courthouse Circuit Court facilities.
(2) Law Enforcement Exception:
(a) Security Holsters Except as provided in subsection (2)(b) or (3), uniformed law enforcement officers may carry weapons in the circuit court facilities if the weapons are in a holster approved by their department and designed to ensure the weapons can only be removed from the holster by the law enforcement officer. Plain clothed law enforcement may carry weapons provided the weapons are not in plain sight or readily accessible.
(b) Holster Policies Each law enforcement agency in Marathon County shall establish policies regarding holsters that meet the criteria set forth in subsection (3)(a).
(c) Prisoner Escort No corrections or law enforcement officer escorting a person in custody shall be armed with a weapon in a Marathon County courtroom.
(3) Law Enforcement As Party To Action: In all cases, law enforcement officers who are parties to a judicial proceeding as a plaintiff, defendant or other interested party, and outside the scope of their employment, shall not be permitted to bring weapons into the circuit court facilities.
Source: JM; 2/96 & BBL; 6/96
It is the Marathon County Circuit Court's policy that the public be given an opportunity to know and understand the judicial court process as well as have knowledge of pending cases. As to bona fide members of the news media, this will be accomplished by encouraging open and accessible proceedings. This shall be subject, however, to such reasonable restrictions necessary to protect the public's access to the legal process to peacefully resolve disputes, to preserve the rights of persons seeking the protection of law, to encourage the search for the truth and to foster dignity in all judicial proceedings.
Source: Original 7/87; District Order 8/88
1.31 GENERAL MEDIA REGULATIONS
(1) Adoption of Supreme Court Rules: The manner, method and restrictions as to media coverage is as set forth in Chapter 61 of the Wisconsin Supreme Court Rules. A current copy of such rules will be furnished by the clerk of court upon request.
(2) Use of Media Coordinator: In order to minimize multiple requests, whenever time permits all requests and communications between media outlets and the courts should be through the court appointed Media Coordinator.
(3) Courtroom Decorum: The rules of courtroom decorum shall apply to the media in common with all other spectators of court proceedings.
Source: Original 7/87; District Order 8/88
Unless deemed impractical by the trial judge, a party requesting any judicial proceeding be closed to the news media must notify the court, media coordinator and opposing counsel 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 to be heard. The burden shall be upon the moving party to show cause why Wis. Stat. § 757.14 should not apply.
Source: Order 5/80;
1.35 LOCATION OF MEDIA EQUIPMENT
(1) Location Generally: Pursuant to Supreme Court Rule 61.05, the trial judge shall designate the location in the courtroom for any camera equipment and operators so that media coverage will not obstruct the view of others in the courtroom. Any media member planning to cover any court proceeding shall advise the court in advance so the court may instruct where to place media equipment.
Source: Railing per Supreme Court Directive, 1995
(2) Microphones: Unless otherwise authorized, only three microphones will be permitted in the courtroom; one on the judge's bench, one on the witness stand and one on counsel table.
(3) Still Cameras: When using a still camera in the courtroom, the use of audible automatic advance and rewind motors on the camera will not be permitted during court proceedings.
(4) Removal of Equipment: The disassembly and removal of media equipment will occur during breaks in court proceedings, unless it can be done without disrupting court.
Source: Original 7/87; District Order 8/88
(1) Persons Protected: There shall be no visual photography in any form, or any audio recording of any of the following, except upon request and specific advance authorization for each separate proceeding;
(a) Juveniles;
(b) Victims of sex crimes;
(c) Undercover agents;
(d) Police informants;
(e) Relocated witnesses, and;
(f) Any juror called or selected to serve.
The purpose of this rule is to give to such persons the right to rely upon the presumption created by Supreme Court Rule 61.11, unless the court otherwise directs after a hearing on a request.
(2) Manner Protection Enforced: To ensure compliance with this provision, all hand-held or mounted cameras and microphones shall be capped, turned away from such persons or dismounted entirely during the testimony of any such persons, unless otherwise authorized in advance.
Source: Original 7/87; District Order 8/88
CHAPTER 2: CASE MANAGEMENT
General
(1) Title of Pleadings: If a pleading contains motions, or an answer or reply contains cross-claims or counterclaims, the designation in the caption shall state their existence.
(2) Enforcement Provision: The clerk of court, register in probate, probate registrar and juvenile court clerk shall allow pleadings that are not in conformity with this rule to be filed. Consistent failure by any attorney or law firm to file pleadings in the proper form, however, shall be referred to the Presiding Judge.
(3) Superseding Supreme Court Rule: In the event the Wisconsin Supreme Court amends or creates rules of civil and criminal procedure under its authority in Wis. Stat. § 757.12, on the issues covered by this district rule, any portion of this rule conflicting with the supreme court's rule shall be superseded on the effective date of the supreme court's rule or procedure.
Source: Ex 1.32; District Court Rule 14; 3/17/92
2.09 FILING ACTIONS BEFORE SERVICE
Wisconsin Statutes Sec. 801.14(4) notwithstanding, all pleadings, including motions, briefs and affidavits but excluding discovery, shall be filed with the clerk of court prior to service upon another party.
Source: JM 4/98
2.10 USE OF COURT FILE NUMBERS; FEES
Commencing January 1, 1987, the clerk of court shall assess and bill the search fee imposed by Wis. Stat. § 814.61(11) upon all attorneys and pro se litigants who do not use the assigned court file number on any pleading, motion, order, judgment or other correspondence pertaining to a case when number is, or should be, known. The person assessed with the fee shall be responsible for claiming and showing to assigned judge's satisfaction that the person did not know, and through the use of reasonable diligence could not have known, the court file number.
Source: JM 6/82
(1) Filing By Facsimile Transmissions Permitted: Facsimile documents transmitted to the either the Clerk of Courts or the Register in Probate shall be deemed suitable for filing if sent to the respective facsimile number and otherwise complies with this rule.
Clerk of Courts (715) 261-1319
Register in Probate (715) 261-1269
(2) When Permitted; Direct Court Filing: Facsimile documents may be directly transmitted to the courts and shall be accepted for filing only if;
(a) Paper Type & Size: All pages of the document are sized 8½ by 11. The facsimile machines maintained by the courts use regular paper.
(b) Length: The document does not exceed fifteen (15) pages in length, excluding the cover sheet;
(c) Filing Fees: No filing fee is required and no additional fee or charge must be paid to the circuit court for accepting or receiving the facsimile document.
(d) Filing Date: Papers filed by facsimile transmissions after regular business hours of the Clerk of Court's or Register In Probate's offices shall be considered filed on the next business day. The regular court hours are 8:00 a.m. to 5:00 p.m. week days except between Memorial Day and Labor Day when it is 8:00 a.m. to 4:30 p.m.
(e) Singular Filing: The facsimile documents filed pursuant to this rule shall constitute the official record of the court. The transmitting party shall not send the original, any additional copies nor substitute the facsimile copy. The Clerk of Court and Register in Probate shall discard any duplicate papers.
(3) When Permitted; Indirect Filing: Facsimile documents transmitted to a non-court agency, party or company shall be accepted for filing only if the transmission otherwise complies with this rule.
(4) Judicial Authorizations: Documents that do not conform to these rules may be transmitted only if;
(a) Non-Conforming Documents The judge assigned to a particular matter may authorize, in advance, the filing of non-conforming documents in that case if good cause is shown and they are in conformance with SCR 801.16. Facsimiles exceeding fifteen (15) pages in length must bear a certification that the assigned judge or court commissioner has approved it.
(b) Reference Documents Documents that are not to be filed but are to be used by the court for reference or other purposes may be transmitted by facsimile at the discretion of the judge or clerk.
(5) Responsibility For Transmission: The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt and assumes any risks inherent in such transmission. The Circuit Court Judge or clerk is not responsible for either any errors or failures in transmission that result in missing or illegible documents nor for periods when the circuit court facsimile machine is not operational for any reason.
(6) Authenticity: Parties who have transmitted documents by facsimile to the court shall retain the "original" of 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 to show authenticity.
Source: District Rule adopted 7/91 as 1.41; Renumbered Nov. 2000; Amended June, 2001. See also SCR 801.16(2), Wis. Stats.
2.14 CONFIDENTIALITY OF COURT REPORTS
(1) Reports Deemed Confidential: In all actions and proceedings, all reports to the court are confidential until such time as released by the court. The original report shall be provided to the court. In addition, the author of confidential reports shall provide copies to all attorneys of record in the proceeding, including any guardian ad litem.
(2) Responsibilities and Limits Upon Counsel: Counsel for any party may make such report available to their client for viewing only at the office of such counsel. Unless approved by the court in advance, counsel shall not permit the report to be viewed or disseminated to any other person or make a copy of the report unless the court's specific approval is obtained.
Source: Ex 1.43; JM, 9/91
(1) Access of File Area: No one except authorized personnel shall be in the areas where official court files are kept.
(2) Attorneys Access to Civil Files: Attorneys in good standing who reside in this county may borrow and/or remove files in any civil, family or probate action or proceeding for a maximum of 48 hours provided they have received an order from the assigned judge. It shall be the attorney's responsibility to prepare the request and order and have the order signed by the judge prior to the file's removal. Regardless of when the file is removed, it must be returned at least five (5) days before a hearing or trial of or upon the presiding judge's request.
(3) Restricted Access Files: No criminal, traffic, juvenile or paternity file may be removed from the clerk's office at any time by any one except authorized court personnel or pursuant to Wis. Stat. § 967.06.
(4) Public Access and Restricted Viewing: In addition to the times provided above, and subject to any legal restrictions, access to court files may be in an area provided by the clerk of court upon proper identification and check-in procedures. The clerk of court shall also provide, at a reasonable fee, copies of any portion of the file upon request.
(5) Access By Abstractors: The register of probate may release guardianship and probate files to any qualified abstractor with offices in Marathon County, but for not more than 24 hours and upon proper check-out procedures.
(6) Sealed Documents: All sealed documents in any court file shall not be released with the file unless the court specifically orders. All sealed documents shall be removed from any file released as provided herein without such special authorization.
Source: Ex 1.40; Order, 5/80; 1.40 Rules, 1991; Renumbered 1998
Case Procedures
2.21 COURT APPOINTED ATTORNEYS
(1) Rate of Pay: Whenever the court appoints an attorney to act in a case the county shall compensate the attorney at a rate of $70 per hour whenever the county becomes responsible for the payment.
(2) Compensation Limits: Compensation shall be for time the attorney devotes to the case and not time incurred by paralegals, secretaries or other law firm personnel, unless authorized by the court in advance.
(3) Allocation of Reimbursement: The judge shall approve the billing before payment, allocate the bill between the parties if appropriate and, whenever the party has ability, order reimbursement by the party together with a payment plan.
Source: JM, 1/97; Consistent w/ Supreme Court decision. Attorneys were surveyed for willingness to provide services at public defender rate in June, 1995. Courts unable to find sufficient pool of qualified attorneys willing to work at less than $70/hour, especially in family law guardian ad litem matters. Subdiv. (2) JM 12/98 Re Compensation Limits
2.25 CONSOLIDATION OF CASES; POLICY
(1) Consolidation of Cases: To promote efficiency, the Marathon County Circuit Court Judges shall attempt to transfer for consolidation any action involving a related case already pending in another branch of circuit court. This policy is meant to cover, but is not limited to, juvenile, family, criminal and civil court actions involving the same parties and similar issues.
(2) Attorneys to Advise: Consistent with the duty owed to a client, attorneys responsible for filing cases are responsible for advising the assigned judge(s) or clerk of court of any potential transfers at the time of filing a related action.
(3) Newly filed criminal cases will be assigned to a specific Branch in the following manner:
1. Are the charges against the defendant being filed as a result of a
dismissal?
If yes, then the case is assigned to the Branch that dismissed the prior
case.
If no, then go to step 2.
2. Does the defendant have other pending criminal files in this
county?
If yes, then the case is assigned to the Branch where the other pending
cases are assigned. If no, then the case is assigned to the Branch on
intake at the time of the initial appearance.
Source: Ex 3.20; Order 8/81; JM 4/99; 7/00
(1) Scheduling Policy: The Marathon County Circuit Court's policy is to manage the flow of cases in an effective and timely manner, providing equal treatment to all litigants and their counsel.
Source: Ex 3.30; Order 5/80
(2) Attorneys Duty to Give Notice: In all civil and family matters the moving party or their attorney is responsible for providing notice of hearing on any motion filed by that party. Prior to sending out such notice, the party or their attorney shall call the judicial assistant for the assigned branch to set an appropriate date and time.
Source: Ex 3.34; JM 9/91
(3) Piggy-Back Practice: No attorney or party shall schedule additional motions on a preexisting motion date for the same case without first advising the court, to determine if sufficient time has been set aside for an additional motion and, if not, to get another date for the motion.
Source: Reflects Courtesy To Courts & Parties and Allows Court to Control Its Calendar; JM 7/00
Scheduling conferences will be held at a party's request, or if the judge believes a conference will define the issues and assist the attorneys in preparing the case for trial. The attorneys may file with the judge at least 48 hours before the conference, a brief summary of the case's issues and analysis of any anticipated problems in the case's preparation or trial.
Source: Ex 3.31; Order 5/80
2.33 PRE-FILING OF LEGAL BRIEFS
Whenever briefs are filed, either for motions or trial, they shall be delivered simultaneously to the judge and opposing counsel not less than 24 hours before the time set for argument, unless the court orders otherwise.
Source: Ex 3.33; Original 7/87
Final pretrial conferences shall be held pursuant to Wis. Stat. § 802.11 and counsel shall observe these additional rules:
(1) Proposed Jury Verdict and Instructions: Attorneys shall file their proposed verdicts and jury instructions with the judge and opposing counsel at the time of the final pretrial conference.
(2) Appearance By Trial Counsel: Unless otherwise allowed, each party shall be represented by the attorney who will be trying the case, who shall be prepared to discuss the case's specifics including;
(a) The length of time necessary to try the case;
(b) Stipulations of fact;
(c) Problems expected during the trial; and,
(d) Settlement authority.
(3) Trial Depositions: All discovery, including any video depositions for use at trial, shall be completed no later than the time set for the pretrial, unless the court otherwise orders.
Source: Ex 3.35; JM 7/87, 7/00
2.40 SCHEDULING CONFLICT POLICY
(1) Conflict With Schedule of Judge: When a conflict arises in the trial judge's schedule, that judge will attempt to schedule the matter with another judge from the county or district to facilitate the handling of the case at the set time. The attorneys will then be notified by the court. No case shall be taken before a judge of another branch without the consent of the judge initially assigned to the case or on the written transfer of the chief judge.
(2) Conflicts Between the Courts: If a conflict arises between the circuit court judges where two or more judges have trials scheduled with the same attorney, the judges shall consult with each other to determine which case should have priority based upon type of case, age of case and other factors. One of the judges shall then make the necessary arrangements to notify the parties.
Source: Ex 3.45; Order 5/80; JM, 11/96
2.45 LATE SETTLEMENT ASSESSMENTS
The circuit judges request trial counsel to independently pursue settlements at the earliest possible time. When any attorney feels the court can be helpful, a request for a pretrial conference can be made. Recognizing the great inconvenience and expense that can be caused to parties, jurors and witnesses, early settlements will be promoted by attorneys who are prepared to discuss all aspects of the case.
(1) Fee Assessment Mandatory: When a civil jury trial is settled within two business days of the trial date, a jury fee of at least $375.00 for a twelve person jury and $187.50 for a six person jury shall be assessed.
(2) Waiver of Assessment: In order to ensure uniform application of this rule, the trial judge has no discretion to waive the late settlement jury fee. This penalty can be waived only by concurrence of the 9th Judicial District Chief and Deputy Chief Judges.
(3) Discretionary Assessments: The trial judge shall have discretion in any other civil or criminal action to assess the jury fee.
Source: Ex 3.50; District Order 3/87; §814.51
In order to limit unnecessary waiting for jurors, witnesses, counsel and the court, the following rules must be observed:
(1) Advance Marking of Exhibits: Unless there are few exhibits, they shall be marked by the court clerk before trial. The clerk will give an index of all pre-marked exhibits to the attorneys and the judge. Exhibits counsel do not wish to reveal to opposing counsel need not be pre-marked.
(2) Copies of Exhibits: Whenever counsel expects to have a witness rely on a detailed exhibit, such as a medical report, a financial statement, a stipulation or a contract, the attorney shall be responsible for presenting an extra copy to the judge and opposing counsel.
Source: Ex 3.36; Order 5/80
(3) Disposing Exhibits: Exhibits will be disposed of in accordance with Supreme Court Rule 72.01. At the conclusion of each trial or hearing, attorneys will be given an opportunity to stipulate to the release or return of exhibits.
Source: JM --/00
CHAPTER 3
CRIMINAL and TRAFFIC PROCEDURES
General Provisions 3.01-3.09
3.05 DA's STATEMENT OF APPEARANCE
At the beginning of any criminal case other than the initial appearance, and after the court has called the case, the district attorney shall state the parties appearances and whether victim's rights legislation has been complied with.
Source: JM 10/98
Commencement of Proceedings 3.10-3.19
3.10 SETTING BOND AFTER COURT HOURS
The judge assigned to intake shall be responsible for setting incarcerated person's bonds during the judge's duty time. If the intake judge or their designee is contacted with a request to set bond outside normal court hours, the defense attorney shall be responsible for contacting the district attorney assigned to intake to determine whether a hearing is necessary. Bond shall not be set ex parte.
Source: Order 7/84
3.11 BOND ON MISDEMEANOR WARRANTS
(1) Amount of Bond: Unless the court otherwise sets upon signing an arrest warrant on a misdemeanor action, bond shall be $250.00 cash. If no bond is directly specified on the warrant bond shall be $250 cash and the sheriff shall so indicate before entry into any state computerized record of outstanding warrants.
(2) Return Date; Bond Posted: Whenever bond on a misdemeanor arrest is posted during a weekend to secure a defendant's appearance before the Marathon County Circuit Court, the defendant shall be ordered to appear as follows;
Domestic Monday @ 1:30 p.m.
All Others Tuesday @ 1:30 p.m.
Source: JM 6/97, 4/99
3.12 FILING OF TRAFFIC CITATIONS
(1) When Filed: Unless sub. (2) applies, all Marathon County law enforcement agencies shall file all citations with the Marathon County Clerk of Court within 72 hours of issuance. All forfeiture/bond payments after that time shall be made through the clerk of courts office.
(2) Next Day Appearances: Where citations are issued for an appearance on the next business day following issuance, the citation shall be filed with the clerk of courts office no later than 11:00 a.m. on the hearing date.
(3) Failure to File: Citations not filed within the time provided herein shall not be accepted by the clerk and shall be considered dismissed with prejudice by the court.
Source: District Court Rule 13 Supersedes Ex 4.17; JM 7/90, JM 11/99
3.15 MISDEMEANOR & FORFEITURE BOND
(1) Statement of Policy; Forfeiture Actions: Unless there is specific statutorily mandated detention, all persons arrested for violation of a state or municipal forfeiture shall be released from custody without a cash bond if they;
(a) Have a valid Wisconsin driver's license or can show sufficient evidence of ties to the community; or,
(b)The arresting officer is otherwise satisfied the accused will make future court appearances.
Source: Ex 4.14
(2) Statement of Policy; Misdemeanor Actions: Unless there is specific statutorily mandated detention, all persons arrested for a misdemeanor, including a misdemeanor traffic offense, shall be released from custody without the necessity of posting a cash bond unless any of the following exist;
(a) The accused does not have proper identification.
(b) The accused appears to represent a danger of harm to himself or herself or to the person or property of another.
(c) The accused cannot show sufficient evidence of ties to the community (e.g. Marathon County or any of its contiguous counties) as evidenced by any two of the following;
- Has not had a local address for at least 60 days;
- Does not have a bona fide job in the community;
- Does not have close relatives (spouse, parents or siblings) in the community
(d) The accused has previously failed to appear in court or failed to respond to a citation.
(e) Arrest or further detention is necessary to carry out legitimate investigative action in accordance with law enforcement agency policies.
(3) Release on Cash Bail: All persons not released pursuant to (1) or (2) shall be released upon compliance with the state deposit or misdemeanor bail schedules unless bail is otherwise set by the court.
Source: Ex. 4.14; 1993 Wis. Judicial Conference; JM
(4) Application of Forfeited Bonds: In the event a defendant has posted bond and failed to appear, and it is decided not to apprehend the defendant for further proceedings but instead to seek a forfeiture of the bond alone, then all costs, penalty assessments and surcharges shall be taken from the amount posted and the balance remitted to the municipality issuing the citation.
Source: Order 7/81
3.17 RETRIEVING NECESSARY PERSONAL BELONGINGS
(1) Responsibility of Clerk's Office: When, as a condition of bond, the Court orders that the defendant be allowed to retrieve his or her necessary personal belongings from the victim's residence only in the presence of law enforcement, the minutes shall specifically reflect that order. At the completion of the hearing, the clerk shall immediately make of copy of the minutes and provide a copy thereof to the Victim-Witness Coordinator at the District Attorney's office.
(2) Duties of Victim-Witness Coordinator: The Victim-Witness Coordinator shall forward a copy of the minutes to the appropriate law enforcement agency and to the Sheriff's Department dispatch unit. The coordinator shall also contact the victim to notify him/her of the situation and to then communicate any other pertinent information gained from the victim to law enforcement.
(3) Implementation of Order: Law enforcement shall be responsible for carrying out the details of the order requiring the retrieval of the necessary personal belongings in their presence. The final arrangements to allow such retrieval shall be made between the law enforcement agency and the defendant. It shall be the responsibility of the defendant to call the appropriate law enforcement agency to make those arrangements.
(4) Necessary Personal Belongings shall refer to those items of personal clothing, toiletries, papers, tools and other items that might be necessary in the person's ordinary occupation, together with all other personal property which will be needed by the respondent in his/her daily living. Unless otherwise agreed to by the parties, it does not include utensils, appliances, furnishings or other items of personal property that may be or become the subject of other court proceedings.
Source: JM 3/01
Pre-Trial Procedures 3.20-3.39
The district attorney should, in most cases, have an information prepared for filing immediately after the preliminary hearing so arraignment can follow without delay if there is a bind over. A defendant's plea made at this time will automatically be subject to the defendant's right to request a substitution of judge or other motions filed within ten (10) days thereof.
Source: Ex 4.30: Order 12/81
3.35 WRITTEN PLEA ADVISEMENT REQUIRED
At the time of the taking of any plea, defendant's counsel shall present to the court a completed, state approved, written plea advisement signed by the defendant and their attorney. This rule will not apply where the plea to a misdemeanor, including traffic crimes, occurs at or immediately following any initial appearance, pretrial, final conference or motion hearing when the plea agreement occurred at such a hearing.
Source: Ex 4.40: JM 9/88
3.36 DISTRICT ATTORNEY'S DUTY; PLEAS
(1) Traffic Felony to Misdemeanor: In each case in which the state is reducing a traffic felony to a traffic misdemeanor as part of a plea agreement, the district attorney shall file with the court at the time of the plea a citation for the amended offense(s) to which a plea is entered.
(2) Drug Offense Suspensions & Revocations: In every drug case requiring suspension or revocation of the defendant's driver's license, at the time of the plea the district attorney shall file with the court a copy of the defendant's driver's license printout so the clerk can prepare the form required by the Wisconsin Department of Transportation in such cases.
Source: JM 2/99
Criminal Trials: 3.40-3.59
3.41 WAIVER OF SERVICE & WITNESS FEES
Pursuant to Wis. Stat. § 885.10, the Marathon County Sheriff's Department shall serve all witness subpoenas without the payment of any fees and without specific advance approval of the court in all cases where the defendant is represented by the state public defender's office or counsel assigned under Wis. Stat. § 977.08. The court reserves the right to determine the necessity of any subpoena served upon a party's application or upon the proceeding's conclusion.
Source: Ex 4.29: JM 4/90
Sentencing 3.60-3.69
Pre-sentence reports are deemed strictly confidential in accordance with Wis. Stat. § 972.15(4). Although the defendant may review the report with their attorney, no copy of the report shall be made or disseminated to any person, including the defense attorney and defendant, without the court's specific order.
Source: Ex 4.58: JM 10/90
3.61 CRIMINAL SENTENCING GUIDELINES
Prior Sentencing Guidelines were discontinued but are now proposed under Truth-In-Sentencing so Rule assignment maintained here.
3.62 LIABILITY FOR RESTITUTION
Unless otherwise ordered by the court for cause, all restitution orders shall be joint and several with any other co-defendant to help ensure the earliest recovery by crime victims.
Source: JM 2/99
3.68 SENTENCING ERRORS; CLERK'S AUTHORITY
(1) Authority Conferred: In those cases where a judge neglects to specifically mention any of the following that are mandatory for the offense of which the defendant has been convicted, the clerk of court shall have the authority to do the following.
- revoke or suspend driving privileges including, if there is a range of time, the minimum revocation or suspension;
- assess any domestic abuse surcharge if the judge has made the necessary finding;
- assess any DNA surcharge or sample;
- assess all other mandatory costs, fees, assessments, or surcharges; or,
- require an alcohol assessment.
Upon exercising such authority the clerk shall make an appropriate notation on the minute sheet and initial the same.
(2) Notice to Defendant: Formal notice to the defendant, and their attorney if applicable, will be by copy of the judgment of conviction with the change highlighted.
(3) Other Errors: If the clerk notices any other error concerning sentencing, including exceeding the maximum jail, revocation or probation allowed by law, the defendant and file shall immediately be brought back to court, if the judge is still available.
Source: JM 2/99
3.69 OWI SENTENCING GUIDELINES; POLICY
(1) Adoption of OWI Guidelines: The 9th Judicial District and Marathon County Circuit Courts, in recognition of the danger and devastation caused by those operating motor vehicles under the influence of intoxicants, and consistent with the requirements of law, automatically adopt the guidelines, updated from time to time, for sentencing those convicted of operating a Motor Vehicle While Under the Influence of an Intoxicant, or with a Blood/breath Concentration in Excess of .10%. The term "aggravated" as used herein refers to an incident where the driver was a habitual traffic offender at the time of the offense, had a blood alcohol concentration in excess of .25%, or where there was an accident, fleeing or other particularly unsafe driving behavior resulting from the intoxication.
Source: Ex 4.55: Last Updated DJM 4/98
(2) Adoption of OAR Guidelines: The 9th Judicial District and Marathon County Circuit Courts, in order to encourage uniformity within the district, and mindful of the risks presented by those who continue to operate at motor vehicle after having been revoked or suspended and who may have been found to be habitual traffic offenders, adopted the attached guidelines for sentencing those convicted of Operating After Revocation or Suspension.
Source: DJM, 12/17/92
(3) Automobile Penalty on 3rd Offense; OWI: The preferred automobile penalty for third (3rd) offense operating while intoxicated in Marathon County shall be immobilization of an automobile in which the offender has an interest by way of the use of "The Club" or other similar device. At the time of sentencing, the court shall impose a $75 immobilization fee due to the sheriff's department and shall enforce payment of the fee through contempt.
(a) Immobilization Equipment The sheriff's department shall purchase and lease for a fee immobilization devices they feel meet the purposes of the law.
(b) Vehicle To Be Immobilized The immobilized vehicle shall be the vehicle used in committing the offense, unless the offender does not own that vehicle. In that event, the vehicle owned by the offender that has the highest net value shall be immobilized.
(c) Immobilization The sheriff's department shall be responsible for installing immobilization devices and for periodically examining the devices as the department deems appropriate. The sheriff, however, may delegate part or parts of this responsibility to the arresting or local law enforcement authority willing to accept the responsibility.
(d) Immobilization Fees The offender shall be responsible for an appropriate lease fee and use of the immobilization device. At sentencing, the court shall give the offender 10 days to pay such fee or the sheriff may elect to seize and sell the appropriate vehicle.
Any individual seeking use of an InterLock or other immobilization method shall have the burden of seeking court permission for using that alternate method and shall pay for all costs thereof.
(4) Collection of Alcohol Assessment Fee: Any defendant residing in Marathon County who is convicted of a Marathon County offense of Operating a Motor Vehicle While Intoxicated or having a Prohibited Breath/Blood Concentration shall be ordered to pay for the state mandated OWI assessment to the Clerk of Courts Office. The amount of this assessment is $160. The Clerk of Court will disburse the assessment funds to the local service provider.
Source: JM; 1/20/93; JM; 10/97
Serving the Sentence 3.70-3.79
Unless otherwise specified by the court at sentencing, each month of a sentence expressed in terms of months shall consist of 30 days, regardless of the exact number of days in the actual months during the sentence term.
Source: Ex 4.65: JM 3/87
3.72 SENTENCE CONVERSION PROCEDURES
(1) Conversion Factor: In converting unpaid fines to jail or community service and uncompleted community service to jail time, the court shall use the current federal hourly minimum wage rate together with the standard 8 hour working day.
(2) Fines to Jail Time: The court divides the amount of unpaid fines, costs and other charges by the federal minimum wage to arrive at the hourly conversion and then divides by 8 to arrive at the number of days in jail to serve. Any fractional day is rounded to the next highest day.
Source: Ex 4.50 Originally Adopted JM 6/85
(3) Conversion to Community Service: A defendant certified to perform, or ordered to perform, community service may receive credit for the service against any fine or jail time owed according to the following conversion:
(a) From Fine & Costs: Each hour equals the federal minimum wage as a credit against the defendant's monetary obligations, or;
(b) From Jail Time: Eight (8) hours community service equals one day credit on any jail term.
Source: Ex 4.62: JM 4/85, 1/90
(4) Converting Unperformed Community Service: A defendant failing to perform a community service order within a reasonable period of time shall be subject to jail time or fines using the reverse of the factors noted in sub. (3) above.
Source: §973.07 Stats., 1999 Update & Based Upon Ex 4.62
3.79 PETITION FOR OCCUPATIONAL LICENSE
(1) Review of Department of Transportation Denial: Any petition for judicial review of the Wisconsin Department of Transportation's denial for an occupational license under Wis. Stat. § 343.10(4). shall be accompanied by a copy of the petitioner's current driver's record as obtained from the Department and the Department's denial letter setting forth the reasons and rationale for the denial.
(2) Habitual Traffic Offenders: Any habitual traffic offender's petition for an occupational license under Wis. Stat. § 351.07 shall be accompanied by a copy of the petitioner's current driver's record obtained from the Wisconsin Department of Transportation.
(3) Assigned Judge: When an occupational license petition is received, the materials provided by the petitioner together with the underlying criminal traffic file shall be forwarded to the judge who handled the last case leading to the revocation. In the event the underlying case was from another county, or if the responsible judge is unavailable, the request will be forwarded to the intake judge.
(4) Administrative Procedures: The judicial assistant shall notify the petitioner of the judge's decision, place a copy of the order granting or denying the petition in the criminal traffic file and return the file to the traffic division. The traffic division will be responsible for sending any necessary documentation to the department of transportation.
Source: JM 4/97; 5/97
Post-Sentencing Procedures 3.80-3.89
CHAPTER 4
CIVIL ACTIONS
4.07 CIVIL CASES IN BANKRUPTCY
When any party to any proceeding in the Marathon County Courts files, or has reason to know of any filing, requesting relief under the federal bankruptcy laws, the party shall immediately file with the court either a copy of the stay entered by the bankruptcy court or the discharge in bankruptcy. No hearing, trial or other proceeding will be adjourned until this requirement is satisfied.
Source: JM 10/85 & BBL 12/85
4.15 FILING OF DISCOVERY MATERIALS
(1) General Rule: Pursuant to Wis. Stat. § 804.01(6), no discovery materials, as that term is hereinafter defined, may be filed with the court except as follows.
(2) Materials Necessary For Trial or Hearing: Discovery materials necessary for any hearing, or that may become necessary during any trial, may be filed with the court no earlier than 5 days prior to the time set for such hearing or trial. Any party filing such materials shall do so with a cover letter advising the clerk of the date and time of the hearing or trial at which the materials may be required.
(3) Motion Summation Excluded: The procedures adopted herein shall not prohibit any party from quoting any relevant portions from any discovery material as a part of any motion, affidavit or brief.
(4) Retrieval Upon Disposition: Except for any depositions used as part of the record, 60 days following settlement, the passage of any appropriate appeal period or remittitur following an appeal, any party who filed discovery materials not received as a part of the record shall retrieve the materials or the clerk may dispose of them in any appropriate manner.
(5) Definition: "Discovery materials" as used herein refers to all discovery documents requesting or responding to any of the discovery procedures set forth in Wisconsin Statutes Chapter 804, except those under Wis. Stat. § 804.10(1) and (2).
Source: Ex. 5.25; Original 7/87
(1) Preamble: This guideline shall be liberally construed to accomplish the goals of reducing conflicts of interest, reducing unnecessary expenses and use of time and together insuring the maximum recovery for minors/wards.
(2) General Limitation on Usage: A guardian ad litem is not required where the amount of recovery is $5,000 or less.
(3) Guardian ad Litem Not Required When Tried: In any award to be determined by a jury an independent guardian ad litem shall not be required. If an offer of settlement is received after a trial has been commenced subparagraph (4) shall apply.
(4) When Independent Guardian ad Litem Is Required: The advocate attorney may serve as guardian ad litem but an independent guardian ad litem shall be required for;
(a) Structured Settlements: Prior to the submission of a structured settlement for the court's approval;
(b) Parents 5% Rule: Where the amount paid to the parent(s) exceed 5% of the anticipated recovery, over and above the actual non-reimbursed expenses and attorney fees, and;
(c) Upon Development of Conflict: Advocate attorneys serving as guardians ad litem are ethically bound to report to the court conflicts of interest in representing the minor/ward.
(5) Court's Independent Action: The court shall appoint an independent guardian ad litem when it determines a sufficient conflict of interest is present. Whenever the court perceives a potential conflict of interest it may act upon notice and hearing unless such hearing is waived. In considering appointment of an independent guardian ad litem, the court shall consider, but is not limited to, the following factors:
(a) the best interests of the minor/ward, both monetary and
non-monetary;
(b) the nature of the conflict;
(c) the seriousness of the conflict;
(d) the cost efficiency of an independent guardian ad litem;
(e) the injuries sustained;
(f) the proposed settlement amount; and,
(g) the form of the proposed settlement.
(6) Limitation on Who Maybe Appointed: No
in-house counsel or attorney employed by an obligated insurer participating in the settlement may be appointed as an independent guardian ad litem.
(7) Duties & Functions of GAL: Once appointed, an independent guardian ad litem shall be responsible determining the extent of their involvement in the proceedings leading to a minor settlement. This authority does not prevent the court from reviewing the reasonableness or necessity of the guardian ad litem's fees paid as a part of any settlement.
Source: Ex. 5.33; BBL 8/91
4.33 DEFAULT FORECLOSURE BY MAIL
The Marathon County Courts will accept default foreclosures by mail provided all necessary paperwork, including affidavits as to the outstanding balance and appraisals, is furnished to the court with a notice of motion for a specific date and time sent to any party who may have made an appearance in the action. If no appearances are made at the time set, the court will sign the submitted judgment of foreclosure or confirmation of sale. In the event appearances are made contesting the foreclosure, the matter will be adjourned to a separate date to permit all necessary testimony.
Source: Ex. 5.61; JM 8/82
4.34 ATTORNEY'S FEES IN FORECLOSURES
Recognizing attorneys base their fees on a variety of factors and have adopted different methods for doing so, and recognizing courts have an obligation to determine whether charged fees are reasonable, to support a judgment proof of fees, including attorney fees, is necessary in all cases, and only in exceptional cases will fees exceeding 4% of the unpaid indebtedness be granted. Actions involving Wisconsin Statutes Chapter 428, in which limitations are otherwise set, is excepted from this policy.
Source: Ex. 5.62; Judges' Memo 9/80
A judgment creditor seeking to extend a judgment lien within the 20 year statute of limitations shall file with the court and serve upon the judgment debtor(s) a petition under Wis. Stat. § 806.23, a notice of hearing and an affidavit of non-payment. Upon request, the judicial assistant for assigned judge shall furnish a hearing date. Notice to the judgment debtor is the petitioner's responsibility. Following the hearing, the court may order the judgment to be redocketed upon the payment of the docketing fee. Any lien so extended, however, shall not exceed the 20 year limitation of Wis. Stat. § 893.40.
Source: JM 4/99; Ingraham v. Champion; 84 Wis. 235, 238; 54 N.W. 398 (1893) and A.C. Anderson v. Kojo; 110 Wis.2d 22; 327 N.W.2d 195 (CA, 1982).
Small Claims Procedures
(1) Service By Mail Authorized: Except in eviction, replevin or contempt proceedings under Wis. Stat. § 799.26(2), service of any small claims pleadings may be made by 1st class or certified mail, return receipt requested as provided in Wis. Stat. § 799.12(3).
(2) Certified Mail Refused: "Refused" shall constitute a rebuttable presumption of service on the defendant since it indicates that they was presented with the envelope but refused to accept it under circumstances indicating they had reason to know it involved legal proceedings against them. Nothing contained herein shall prevent a defendant from seeking relief by reopening the judgment under Rule 4.77 by showing service did not give the defendant such knowledge.
(3) Certified Mail Unclaimed: "Unclaimed" shall not constitute service since there is no presumption the defendant had reason to know legal proceedings involving them were commenced. In such cases, the clerk shall advise the plaintiff of the failure of service and direct the plaintiff to obtain personal service or service by publication within 30 days of the notice date or have the action dismissed for failure of service.
(4) Service In Contempt Proceedings: Service of contempt proceedings authorized by Wis. Stat. § 799.26(2) shall be by personal service and served upon the defendant at least 72 hours prior to the hearing time.
(5) Proof of Service: If a party is required or elects to use personal service of a small claims complaint or amended complaint, proof of service shall be filed with the court within 30 days of filing the action.
Source: JM 2/87, 9/88; (5) Ex-5.715(1)
4.71 PROCEDURE ON RETURN DATES
(1) Time of Returns: In order to help expedite proceedings, the time of the returns for all "commercial high volume" litigants shall occur at 10:00 a.m. while all others shall be heard at 9:00 a.m.
4.71(1) Revised June 16, 2003
(2) Commercial high volume shall refer to;
(a) Commercial collections commenced by financial institutions, credit card companies and collection agencies seeking collection on a written financial document;
(b) Professional collections; professionals such as doctors, dentists, and attorneys seeking collection under a fee agreement.
(3) Appearance By Parties: Except as provided in par. (7), both parties are required to appear on the return date unless adjourned for cause under Rule 4.73. The failure of any party to appear at the return date shall result in the following dispositions;
Of Plaintiff: Dismissal with Prejudice
Of Defendant: Default Judgment
Both Parties: Dismissal Without Prejudice
(4) Commercial Settlement Conferences: Immediately following the call of each contested commercial high volume matter, the parties shall immediately commence a settlement conference in the hallway. If the conference is successful and a settlement is reached, the parties shall return to the court to place any settlement agreement on the record. If the parties are unable to reach a settlement a trial will be scheduled.
(5) Settlement Pretrial Conferences: Following the call of any other contested small claims matter, the parties may be immediately directed to make a settlement attempt. All settlements shall be reported to the court official conducting the returns. If a reporter is available, settlements will be placed on the record. If a reporter is not available, settlements shall be reduced to writing.
(6) Trial Dates In Evictions: Eviction trials shall be set for the following week with the duty judge. Trials on damages will occur approximately 30 days after the eviction hearing date and the damage hearing date will be scheduled at the time of the return date. Upon being restored to the premises, landlords seeking damages above and beyond those stated in the original petition shall file an amended petition and have the respondent served by first class mail, certified mail, return receipt requested, or personal service. This service shall occur at least five (5) days prior to the trial on damages or the landlord will be limited to the amount of damages originally prayed for in the complaint.
Source: CvBarMtg 12/98, BBL 7/99
(7) Non-earnings Garnishment; Pleading in Lieu of Appearance: The mandatory appearance rule stated in par.(3) shall not apply to non-earnings garnishment actions filed as small claims actions. The defendant or the garnishee may join issue by filing a written answer at or before the time of the return date, without being required to appear.
4.72 POWERS OF COURT COMMISSIONER
(1) Determination of Meritorious Defense: At any time the issue is raised, the court commissioner shall have the power to determine whether material issues of fact exist or whether a meritorious defense was presented and, if not, enter judgment accordingly.
(2) Additional Pleadings: Whenever it may assist the parties, the court commissioner may order a complaint to be amended, a written answer, counterclaim or reply filed or order claims be made more definite and certain.
(3) Adding Additional Parties: Whenever it appears necessary to complete resolution of the issues, the court commissioner shall order another party be joined by filing the appropriate pleadings. The court commissioner shall then set a new return date.
(4) Trials: The court commissioner shall have the authority to try all small claims matters permitted by statute or authorized by the judges.
Source: CvBarMtg 12/98
(1) Adjournments of Return Dates: Upon cause shown, the clerk of courts may permit an adjournment of a return date.
(2) Dismissal by Clerk: The clerk of courts shall dismiss any action in which the above time limits have not been complied with.
Source: Ex-5.715; JM 1/90; JM 3/99
4.74 RELIEF; DEFAULTS & DISMISSALS
(1) Relief From Dismissal With Prejudice: A plaintiff whose action was dismissed with prejudice for failure to appear may, within 30 days from the dismissal, petition the court for allowance to commence a new action upon the payment of the filing fee, unless the fee is waived as permitted by statute.
(2) Relief From Dismissal Without Prejudice: A plaintiff whose action was dismissed without prejudice for failure to appear may, within 30 days from the dismissal, file a petition to re-open the matter for good cause shown. This determination shall be made by the court commissioner or the judge of the branch where the last return date within the time limit was set.
(3) Relief From Default: A defendant who has a default judgment entered against them may, within 30 days of such judgment, petition the court to reopen the judgment and permit trial, by showing cause and a meritorious defense to the action.
Source: BBL 7/99; JM 9/99, 8/00
4.75 EXTENDED SETTLEMENT STIPULATIONS
(1) Rule Against Extended Stipulations: No stipulation providing that a pending action will remain open for more than 6 months to guarantee a party's compliance with the stipulation's terms will be permitted.
(2) Policy To Encourage Stipulations: When a stipulation requires performance over a period of more than 6 months the parties shall file the stipulation, dismiss the action without prejudice, and provide for either the entry of judgment upon notice, or the proceedings will be reopened in the event of any failure to comply with the stipulation's terms and conditions.
Source: Original 7/87
(1) When Held: Except in eviction actions, small claims trials shall be scheduled before the court commissioner two weeks after the return date, or as soon thereafter as the court commissioner's calendar will allow, unless a jury demand is timely made. If a jury demand is made, or upon appeal of the commissioner's decision, the assigned judge shall have jurisdiction of said case for all purposes.
(2) Opening of Trial Sessions: At the opening of a trial session the court commissioner or judge shall inquire whether any parties have arrived at a settlement and, if so, allow the settlement to be place on the record. Before calling the first case the court shall invite the other parties to make additional attempts at settlement while other matters are tried. The court shall inform those parties that if a settlement agreement is reached they should return to the court room and the settlement agreement will be placed on the record as soon as possible, within the discretion of the court commissioner or judge.
(3) Conduct of Trial: Trials shall be summary in nature with the parties being sworn and the court making such inquiries as may appear necessary, appropriate and relevant. After the judge or court commissioner has concluded, the parties and/or counsel shall be given an opportunity to make any additional inquires.
Source: CvBarMtg 12/98; BBL 7/99; JM 8/00
4.78 ATTORNEY FEES AND BILL OF COST
Attorneys appearing at small claims trials shall appear with an itemized list of costs so a complete notice of entry of judgment can be prepared within five days of trial. If an attorney does not have these costs prepared, the clerk of courts shall prepare the notice of entry to reflect costs of record and statutory attorney fees.
Source: JM, 3/95; §799.24(1) Wis. Stats.
4.79 PROCEDURE ON SERVICE OF CAPIAS
Any person picked up on a Marathon County small claims capias in Marathon County shall be brought before intake court as soon as practical after such detention. If a person is detained in a county other than Marathon County, the sheriff may advise the county where the person has been detained that the person may be released immediately after the person completes the small claims financial disclosure statement. The sheriff shall advise that county to forward the completed financial disclosure statement to the Marathon County Clerk of Courts Office.
Source: JM 11/89
CHAPTER 5
FAMILY MATTERS
General Provisions 5.001 TO 5.099
5.04 NOTICE TO CHILD SUPPORT AGENCY
In any proceeding involving child support where either party is a recipient of aid under Wis. Stat. § 49.19, each party, unless represented by the child support agency, shall give notice to said agency within 20 days after serving the opposite party, by providing a copy of the petition or pleading. No judgment in any such action shall be granted in the absence of complying with this rule.
Source: Order 9/78
5.09 FAMILY PARENTING PROGRAMS
(1) Definition of Terms: As used herein, the term "Co-Parenting Program" refers to the 4-hour educational program approved by the courts for use in divorce and paternity actions. The term "parenting skills program" shall refer to an educational and therapeutic program designed to treat significant parental discord that adversely affects the best interests of the minor child or children.
Source: JM 9/98
(2) Co-Parenting Program: All parents with minor children in actions for divorce, legal separation or paternity, shall attend and complete an educational program concerning effective co-parenting skills established by the court. Fathers in paternity cases shall be ordered to attend upon the entry of judgment determining paternity, but enforcement deferred until any subsequent proceedings involving the child. Failure of either party to attend shall not prevent entry of a final judgment of divorce, separation or paternity when one parent has attended, but the court shall refuse to hear a custody or placement motion of the parent failing to attend.
Source: BBL 1/95 & JM 2/95; JM 10/99
(3) Parenting Skills Program: Whenever the court has concern for the parenting skills of any parent in a divorce action, legal separation or paternity, it may order the parent to attend a parenting skills program to protect the best interests of the minor child or children.
(4) Post-Judgment: Whenever completing a co-parenting and/or a parenting skills program is a condition of any judgment for divorce, separation or paternity, the parties shall be given not more than 120 days to complete the ordered programs. If they fail to do so, compliance may be sought by contempt proceedings initiated by any interested party, the guardian ad litem, the corporation counsel or the court.
(5) Family Court Commissioner: The family court commissioner is authorized to order the parenting skills program only upon the recommendation of the guardian ad litem.
Source: JM 9/98, 8/00 & BBL 10/99
Family Court Commissioner 5.10-5.19
The family court commissioner will hear any post-judgment proceedings to modify or revise the judgment upon a referral from the responsible judge.
Source: Mediator's Meeting 10/98 & JM 11/98, 8/00
5.11 TEMPORARY ORDERS; PLACEMENT
(1) Holding of Assets For Custody/Placement Expenses: The family court commissioner or any judge, at the commencement of any action where custody or placement is disputed, may order, as a part of any temporary order, that any liquid assets not exceeding $1,500 held by either party be transferred to the trust account of either of the attorneys, to be retained for the payment of any mediation, guardian ad litem, home/custody study or psychological evaluation expense incurred in the custody or placement dispute. The transfer of such funds, to the extent sufficient to cover the deposits required by these rules, shall act as the initial deposit of such funds.
(2) Release of Assets While Divorce Pending: Such funds held in trust may be released to the parties upon resolving the custody or placement dispute as evidenced by a court order based upon either a written mediated settlement agreement or a stipulated marital settlement adopted pursuant to Rule 5.18.
(3) Order for Distribution At Divorce: Upon the court's determination of the custody or placement issue, the court shall order the distribution of such funds first for the payment of the expenses set forth above and then for the division of any balance to the parties.
Source: Ex. 6.41; BBL 1/94
Family Court Mediation 5.20-5.29
5.20 MEDIATION OF PLACEMENT DISPUTES
(1) Policy Statement: To encourage an atmosphere of understanding and cooperation between parents in all matters dealing with their children, and in realizing custody and visitation arrangements made by parent's mutual agreements are more lasting and cause less conflict between parents than court imposed solutions, the Marathon County Courts adopt the following mediation rules to promote both the best interests of the children involved in such litigation as well as judicial economy.
(2) Order to Mediation: Unless waived by the court, all cases both pre and post judgment where a custody or visitation dispute is apparent, the court or the family court commissioner shall order the parties to participate in mediation through one of the cooperating mediation agencies and to pay the initial deposit with the assigned mediation agency. The parties are required to attend at least one session where the mediation process shall be explained and the benefits of mediated settlements and initial attempts at mediation explored.
(3) Limitation on Requests: Unless referred by the responsible judge, there shall be no referrals to mediation within two years following a prior mediation order.
Source: JM 8/00
5.22 CONDUCT OF MEDIATION SESSIONS
(1) Children of Parties: Upon the consent of the parties, the mediator may speak to the minor children involved in the controversy if the parties and the mediator agree that such a meeting will assist in arriving at an agreement.
(2) Others Persons: The mediation session should be between the parties with the mediator as the neutral third person. Therefore, no other persons shall be present, unless agreed to by both parties.
(3) Impaired Parties: Parties who appear at a mediation session while under the influence of intoxicants, controlled substances or medications not only present a risk of harm to the other participants but make any agreement arrived at during the session legally suspect. Therefore, mediators shall cancel any mediation sessions where it appears the judgment of one or both of the parties may be impaired by alcohol, controlled substances or medication. If canceled for such a reason, the cost of that meeting shall be charged in full to the party who appeared at the meeting in an impaired condition.
(4) Security Officer At Mediation: A party, but not the mediator, may request a local law enforcement officer provide security at a mediation session if there is a restraining order in effect between the parties. If present, the security officer shall remain outside the room where the mediation session occurs. Based upon ability to pay, the law enforcement agency providing such security may charge the party requesting such security a fee of $25 for the first hour and $10 for each additional hour, for each session requested.
Source: Mediator's Mtg 8/96; JM 9/96
(5) Incarcerated Persons: If a person is incarcerated in the Wisconsin State Prison or Wisconsin Mental Health System mediation should not be used, but instead the matter should be referred to the assigned judge, a guardian ad litem appointed and a hearing set. The guardian ad litem may talk to interested parties and the parole agent in making a recommendation. Mediation, however, can occur when release is imminent and mediation concerns placement after the inmate's release. The inmate has the burden to verify release is imminent.
Source: Also Appears at COP Rule 315; Mediator's Meeting 10/98 & JM 11/98
5.23 MEDIATED SETTLEMENT AGREEMENTS
(1) Mediated Settlement Agreements: If the parents arrive at an agreement resolving the differences between them with respect to custody or placement, in whole or in part, the mediator shall reduce the agreement to writing and have the agreement signed by the parents. Where a parent is represented by counsel, however, the mediator shall allow the parent an opportunity to discuss the proposed written agreement with the parent's attorney pursuant to subdiv (3).
(2) Partial Mediated Settlements: Parents have the right, and are to be encouraged, to agree on as many issues as possible. If the parties arrive at a partial settlement agreement it shall be reduced to writing. If represented by counsel, the attorney(s) shall also agree. Proposals made as offers in compromise shall not bind either party, unless agreed to by both parties.
(3) Referral of Mediated Settlement Agreements: After adopting a mediated settlement agreement, the mediator shall send copies of the agreement, whether signed or unsigned, to the parties' attorneys. The parties and their attorneys have 30 days thereafter to review the document and to register any concerns with the assigned mediator. If concerns are registered the parties shall return to the mediator to discuss and attempt to resolve such concerns.
(4) Adoption of Mediated Settlement Agreements: In the event there are no concerns registered within the 30 day period, the mediator shall file the signed mediated settlement agreement with the court. The court may, without any further notice to either party, enter judgment conforming with the agreement. The judgment shall constitute an initial order with the meaning of Wis. Stat. § 767.325(1)(a), if no motion to set aside the settlement is received within 60 days of the judgment's entry or prior to the final judgment of divorce, whichever occurs first. Upon entry of such judgment any funds held in trust under Rule 6.41(1) may be released to the parties in conformity with any temporary order.
(5) Mediator's Certification: Each mediated settlement agreement shall bear a certification by mediator that in their opinion the proposed settlement agreement appears to be in the best interests of the child or children. In the event the mediator has specific concerns that the agreement may not be in the best interests of the child, the mediator may make such certification "with reservation" but without being required to disclose the basis of that concern, except in confidence to the judge upon request and with notice to each of the parties. In the event an agreement is forwarded by the mediator without an expressed certification, it shall be deemed to certify the agreement appears to be in the best interests of the child or children.
Source: Also at COP Rule 320; Subdiv (1), (2) and (5) 1991 Mediation Contract; Subdiv (3) & (4) BBL 1/94; Ex 6.18
Custody/Placement Disputes 5.30-5.49
5.30 GUARDIAN AD LITEM DEPOSIT; FEE
(1) Preconditions of Appointment: Unless otherwise ordered upon motion, all requests for the appointment of a guardian ad litem shall be accompanied by the each of the following:
(a) The certification of impasse required by Rule 5.20
(b) A deposit of $800 to secure payment of the guardian ad litem's fees. Unless otherwise ordered, the deposit shall be equally shared by the parties.
Source: Fee Increase @ JM 8/99
(2) Fee Schedule of Guardian Ad Litem: Except as provided in sub. (3), the attorney appointed to serve as guardian ad litem shall be paid according to the number of hours devoted to the matter at their usual and customary rates for similar work, subject to the court's approval.
(3) Payment By County: In those cases where the parties are found unable to pay the fees and costs of the guardian ad litem within a year, the county may then be ordered to pay the guardian ad litem according to the rate established by Wisconsin Supreme Court Rule 81.02 or its successor.
(4) Reimbursement to County: By the court's order or as a part of any judgment the parties may be required to reimburse the county for paying any guardian ad litem fees incurred in the matter. Enforcement shall be by Marathon County Corporation Counsel at child support hearings held during intake.
(5) Initial Threshold of GAL Fees: A total threshold fee of $1,200 for any guardian ad litem is hereby established. In the event it appears to the guardian ad litem that fees in the particular proceedings may exceed $1,200, they shall advise the court and parties of that fact at which time the court may require an additional deposit(s) to be paid by the parties.
Source: Ex. 6.40; SCR 81.02; Order 7/81; JM 4/87; JM 10/99
5.33 ORDER FOR CUSTODY INVESTIGATION
Judges agreed to place guardians ad litem in charge of custody investigation, which also accounts for the guardian ad litem deposit increase. Therefore, this section has been eliminated. The last fee schedule is retained for reference.
Fees Enacted By the Department and Approved By the Court on 11/89
|
Income |
Fee/Hr 1-2 |
Fee/Hr 3+ |
|
Less Than 8,000 |
0 |
0 |
|
14,000-20,000 |
5 |
0 |
|
20,000-26,000 |
10 |
5 |
|
26,000-32,000 |
20 |
10 |
|
32,000-38,000 |
30 |
20 |
|
38,000-44,000 |
40 |
30 |
|
44,000-50,000 |
50 |
40 |
|
50,000-56,000 |
60 |
50 |
|
56,000-62,000 |
70 |
60 |
|
62,000 & Up |
70 |
70 |
Source: Ex. 6.43
5.35 DUTIES OF GUARDIAN AD LITEM
(1) General: Each guardian ad litem is expected to exercise good judgment as to what each particular case will requires of them to properly represent the minor children in any custody or visitation proceedings. These policies represent only guidelines and the guardian ad litem, in their additional role as an officer of the court, should consult with the court if a particular case requires substantial deviation from these policies.
(2) Investigative Function: The guardian ad litem shall conduct any investigation they deem necessary and appropriate given the facts and issues of the case. At a minimum, this consists of interviewing both parents and the child, if old enough. Depending upon the case, the guardian ad litem may also wish to interview a child's teacher together with any of the child's counselors. The guardian ad litem shall also determine whether psychological evaluations of either or both parents or of the children may be warranted and, if so, initiate proceedings to obtain the parties' and/or the court's approval.
(3) Guardian ad Litem's Report: If circumstances and time permit, the guardian ad litem shall prepare a report containing an initial recommendation advising the parties and the court of the guardian ad litem's position in the matter and their reasons therefore. That recommendation, however, shall be subject to the evidence at trial being consistent with the investigative findings of the guardian ad litem and, if not, the guardian ad litem shall be free to make such changes to his or her recommendation as they deem appropriate.
(4) Court Appearances: Unless excused by the court, the guardian ad litem shall be present at all court hearings where issues relating to the minor children will be heard. Prior to any trial, the guardian ad litem shall determine which witnesses the parties plan to call during the trial. If neither party plans to call a witness the guardian ad litem feels is necessary, the guardian ad litem may subpoena such witness and call the witness at trial. Otherwise, it is expected the parents will call all necessary witnesses and bear the expense thereof.
Source: Ex. 6.45; 1983 GAL Committee; JM 10/13/99
5.36 UNIFORM PLACEMENT GUIDELINES
Because the courts are to maximize minor children's placement with both parents, the following schedule is intended to be a minimum schedule of placement and a beginning point for the parties, mediators, family court commissioner, guardians ad litem and the courts in formulating a settlement, recommendation or resolving a placement schedule when the parties are unable to agree. [Chart Located in Appendix]
(1) Biweekly Placement: Every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday.
(2) Midweek Placement: One day per week from 6:00 p.m. until the following morning at 8:00 a.m.
(3) Holiday Placements: The parents shall alternate holiday placements for the following holidays. When the non-custodial parent is entitled to placement on a holiday, placement shall be during the hours noted.
New Year's Day 8:00 a.m.- 8:00 p.m.
Easter 8:00 a.m.- 8:00 p.m.
Memorial Day W/E Fri. 6:00 p.m. to Mon. 6:00 p.m.
July 4th 8:00 a.m. to Next day at 8:00 a.m
Labor Day W/E Fri. 6:00 p.m. to Mon. 6:00 p.m.
Thanksgiving Day 8:00 a.m.- 8:00 p.m.
(4) Placement During Christmas: Parents are encouraged to adopt a tradition such that one parent has placement every Christmas Eve while the other parent has placement Christmas Day. In the event they are unable to agree, the non-custodial parent shall be entitled to Christmas Day from 8:00 a.m. to 8:00 p.m.
(5) Parent's Days Placements: Mother's and Father's Day shall be devoted to the parent who is being honored. If for the non-custodial parent, the placement shall be between 8:00 a.m. to 8:00 p.m.
(6) School Holidays: The non-custodial parent shall have extended placement for ½ of the child(ren)'s Thanksgiving, Christmas and Easter vacations.
(7) Summer Placement: The non-custodial parent shall have physical placement for a minimum of four weeks during the summer months. The parties should determine whether the weeks occur consecutively, except for children less than two-years-old, when placement with the non-custodial parent shall not exceed one week for each summer month.
(8) Priority of Placement: Holiday, Parent's Days, and birthday placements take precedence over biweekly, midweek, and summer placements.
Source: Ex. 6.46; JM 7/90; BBL 6/94; JM 5/99
Unless otherwise ordered by the court, parenting plans required by statute shall be filed not less than 10 days prior to any final conference, or, if a final conference is not held, prior to the final trial or hearing.
Source: §767.325(6m); JM 8/00
Divorce Trials 5.50-5.69
(1) Judgment To Be All Inclusive: Where parties in a divorce action have reached an oral stipulation or where the matter was contested, the judgment shall contain all necessary court orders. This is deemed imperative since it is the judgment's provisions that can be enforced by the court and not that recited in the findings of fact or conclusions of law. This may be especially important where out of state enforcement is sought.
Source: Ex. 6.60; JM 8/82; Deleted (3) & (4), JM 8/00
5.69 DELINQUENT DIVORCE JUDGMENT; FEES
Unless otherwise authorized by the court, all findings, conclusions and judgments of divorce are to be prepared, approved by opposing counsel, if any, and filed with the court within 30 days from the date judgment was granted. Failure to do so shall permit opposing counsel to prepare the same within the subsequent 30 days and be awarded $250 from the defaulting attorney, irrespective of whether the defaulting attorney prepares the same after that date. In the event the delay is approved by opposing counsel, the party who has prepared the divorce documents may submit a duplicate with the court and simultaneously with opposing counsel who shall then have 5 days to object. In the absence of any objection, the court shall sign the judgment, approval being deemed given by the absence of objection.
Source: Ex. 6.44; JM/BBL 12/84
Family Court Administration 5.70-5.89
5.71 DIVORCE VITAL STATISTICS FORM
The party to whom a judgment of divorce is granted shall provide to the court at the time of divorce an original certificate of divorce or annulment. This document shall be on the form and in the manner required by the Wisconsin Department of Health and Social Services, Bureau of Vital Statistics.
Source: Ex. 6.61; BBL 11/95
5.72 MOTION TO MODIFY JUDGMENT FROM ANOTHER COUNTY
(1) Clerk's Duty Upon Filing: Upon the filing of a petition or motion to modify or enforce a family judgment under Wis. Stat. § 767.025, if the clerk of court determines the original judgment was rendered in another Wisconsin county, the clerk shall notify the judge assigned to the motion/petition the judgment has been filed, the county where the judgment was rendered, and the name of the judge of record.
(2) Judicial Communication: 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 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 judgment. Communication between the courts shall take place even though it may not be requested by the parties.
(3) Dispute As To Venue: If the court or the parties disputes venue, the judge of record shall conduct a telephone conference under Wis. Stat. § 807.13(3) to determine venue. If it is determined the motion/petition will be heard in the new county, venue of the case will be changed to the new jurisdiction pursuant to Wis. Stat. § 801.52.
Source: Ex. 6.71; TCA 11
5.73 DISBURSEMENT OF SUPPORT BY CLERK
Because child support collections and payments are made through the
Wisconsin Support Collections Trust Fund, these sections are no longer
necessary and have been deleted.
Protective Orders 5.90-5.99
5.90 PROTECTIVE ORDER PROCEDURES
(1) Uniform Hearing Time: All hearings on protective orders brought under Wisconsin Statues Chapter 813 shall be heard at a uniform time before the duty judge.
(2) Temporary Restraining Order: All petitions for a Wisconsin Statues Chapter 813 protective order shall be reviewed, approved or rejected by the duty judge. If approved, the hearing shall be set at the next hearing time within the applicable time limits before the judge on duty at the time of the hearing.
(3) Adjournment For Counsel: If the matter is adjourned to permit a party to obtain an attorney, the matter shall be adjourned to the next regularly scheduled date before the duty judge then on duty.
(4) Adjournment For Time: In the event there is insufficient time to hear a contested matter, the matter shall be adjourned before the judge granting the adjournment. The date of the adjourned hearing shall occur within a reasonable time not to exceed 10 days.
(5) Extension of Restraining Order: In the event of any adjournment, the temporary restraining order shall be extended to the date of the adjourned hearing unless the court has heard sufficient evidence indicating an extension may not be warranted.
(6) Security & Weapons Collection: In recognition of emotions involved in such matters and the necessity to make arrangements for surrendering firearms in domestic abuse proceedings, the sheriff shall provide a deputy or detective for every domestic abuse or harassment injunction hearing. The officer shall provide security at the hearing and have the power to make arrangements with the respondent to surrender firearms ordered held by the sheriff.
Source: JM 5/96; CvBarMtg 12/98
5.95 REMOVAL OF NECESSARY PERSONAL BELONGINGS
On all Domestic Abuse, Child Abuse and Harassment Orders entered under Chapter 813 Wis. Stats., law enforcement officers of Marathon County are ordered to permit the person subject to such an order to remove and take his/her necessary personal belongings as follows:
(1) At Time of Service: If circumstances otherwise permit, when serving a Temporary Restraining Order the officer serving such upon a respondent located at the residence from which he/she is restrained, shall give said respondent a reasonable opportunity to remove his/her necessary personal belongings before departing the premises.
(2) Ordered At Hearing: When, as part of an injunction order, the Court orders that the respondent be allowed to retrieve his or her necessary personal belongings from the petitioner's residence only in the presence of law enforcement, the minutes shall specifically reflect that order. At the completion of the hearing, the clerk shall immediately make a copy of the minutes and provide a copy thereof to the Sheriff's Department officer attending the injunction hearing. It shall then be the responsibility of the Sheriff's Department to distribute a copy of the minutes to the appropriate law enforcement agency and to the Sheriff's Department dispatch. Final arrangements allowing the respondent to retrieve his or her necessary personal belongings will be made between the appropriate law enforcement agency and the respondent.
(3) Necessary Personal Belongings: shall refer to those items of personal clothing, toiletries, papers, tools and other items that might be necessary in the person's ordinary occupation, together with all other personal property which will be needed by the respondent in his/her daily living. Unless otherwise agreed to by the parties, it does not include utensils, appliances, furnishings or other items of personal property that may be or become the subject of other court proceedings.
Source: Ex. 6.95; JM 4/87; 3/01
Marathon County Uniform Placement Guideline Chart
Under Rule 5.46
|
TYPE |
DAY or DESCRIPTION |
BEGIN TIME |
END TIME |
|
Bi-Weekly |
Alternating Weekends |
Friday 6:00 p.m. |
Sunday 6:00 p.m. |
|
Midweek |
One Day Per Week |
6:00 p.m. |
Next Day @ 8:00 a.m. |
|
Alternating Holidays |
New Years Day Easter Day Memorial Day Weekend July 4th Labor Day Weekend Thanksgiving Day |
8:00 a.m. 8:00 a.m. Friday 6:00 p.m. 8:00 a.m. Friday 6:00 p.m. 8:00 a.m. |
8:00 p.m. 8:00 p.m. Monday 6:00 p.m. Next Day 8:00 a.m. Monday 6:00 p.m. 8:00 p.m. |
|
Christmas |
Adopt a Family TRADITION or Non-custodial Parent Has Every Christmas Day |
Christmas Eve For One
8:00 a.m. |
Christmas Day For Other
8:00 p.m |
|
Parent's Day |
Mother: Every Mother's Day Father: Every Father's Day |
8:00 a.m. 8:00 a.m. |
8:00 p.m. 8:00 p.m. |
|
VACATION PLACEMENTS |
|||
|
School Holiday Vacations |
Thanksgiving vacation Christmas vacation Easter vacation |
Non-custodial parent has half of each vacation period. If agreement cannot be reached, non-custodial parent shall have the first half. |
|
|
Summer Placements |
Children up to 2-years-old |
Maximum of one week each summer month. |
|
|
Children greater than 2-years-old |
Minimum of four weeks per summer |
||
ADDITIONAL CONVENTIONS:
1. Priority: Holiday and Parent's Day placements take precedence over bi-weekly, midweek and summer placements.
2. Flexibility and Reasonability: This schedule is intended to be a minimum schedule of placement. The parties are free to mutually agree to modify the schedule to meet their needs or their children' needs. Also, the parties must be flexible to accommodate the other parent in terms of beginning and ending placement times. Any attempt to rigidly or inflexibly enforce the times without consideration of the other parent or children will be considered by the court as poor parenting and a violation of the spirit of this schedule.
3. Distance Between Parties: The court recognizes greater distances between the parties necessitates a need to modify the foregoing placement schedule to accommodate such things as travel time and expense. In cases where transportation is a significant issue, the court presumes the cost and/or transportation time will be shared equally between the parties. Either party may rebut this presumption upon a proper showing of financial or other circumstances justifying otherwise.
CHAPTER 6: JUVENILE PROCEDURES & POLICIES
6.75 FILING DISPOSITIONAL REPORTS
All dispositional reports and recommendations in juvenile court shall be filed at least 3 business days prior to the hearing date and forwarded to the presiding judge. This does not prohibit the court from allowing such report filed less than 72 hours but more than 24 hours prior to any hearing when circumstances and the interests of justice require. Failure to file such reports within the period of time provided by this rule or an order of the court requires adjournment of the hearing.
Source: Ex. 7.75; JM 9/85
6.89 JUVENILE/UNDERAGE DRINKING;
EXTENSIONS OF TIME TO PAY
On Mondays at 8:15 a.m. before the intake judge, persons convicted of either juvenile/underage drinking or violating the absolute sobriety law who were given time to pay may petition the court for an extension of time to pay.
Source: Ex. 7.89; JM 8/87
CHAPTER 7: PROBATE MATTERS
Probating Estates 7.01-7.49
7.45 POST-PROBATE DISCOVERY OF WILL
In the event a decedent's last will and testament is found after the estate has been probated and a final judgment entered, the following procedure shall govern:
(1) Filing with Register in Probate: The newly discovered will is to be filed with the register in probate as soon after its discovery as possible.
(2) Duties of the Register in Probate: Upon the receipt of any such will, the register in probate shall send a copy of the newly discovered will to the last personal representative of the estate.
(3) Duty of Personal Representative: It becomes the personal representative's duty to notify all named beneficiaries under the newly discovered will of the will's existence and the bequests made therein.
(4) Initiating Subsequent Proceedings: It is not the court's duty, but the personal representative's duty or the duty of a beneficiary under any newly discovered will to initiate any new proceedings that may become necessary.
Source: Ex. 8.90; JM 4/86
Guardianships & Protective Placements 7.50-7.79
7.53 FINANCIAL DISCLOSURE STATEMENTS
Every person petitioning the court for appointment as guardian of another person's estate shall, at the time of the hearing set on the petition, file with the court a financial disclosure statement to be considered by the judge in setting the required bond. Such statements shall be deemed confidential and shall be separately sealed within the file.
Source: PC 4/00; JM --/--
7.60 FEES FOR GUARDIANSHIP SERVICES
If the court is called upon to set fees for guardianship services, it shall take into account and use as a guideline a schedule adopted from time to time by the county judges or their committee.
Source: JM 10/90; JM 2/00
On February 1, 2000 the Judge's Probate Committee adopted the following guidelines:
(1) The fee, whenever possible, is to come from the ward's estate. There be at least $500 cash assets prior to paying any fees.
(2) Base Rates:
|
Nursing |
Community |
Guardian's |
|
|
Person |
$25/mo. |
$35/mo. |
$20/mo. |
|
Estate . |
$30/mo. |
$30/mo. |
$30/mo. |
|
BOTH |
$40/mo. |
$45/mo. |
$30/mo. |
(3) Guardianship of Estates:
Start Up Fee: $45 Closing Fee: $30
(4) Estates Exceeding $5,000: In addition to the above fees, the guardian would be entitled to 1/4 of 1% (0.0025 or 0.25%) of the assets up to a maximum total fee of $100.
7.61 GUARDIANSHIP INVESTMENT POLICY
(1) Definitions:
(a) Risk-Return Investment, as used herein, refers to those investments not federally insured by either the Federal Deposit Insurance Corporation or guaranteed by the United States Government that may or may not pay a higher rate of return than accounts or investments so insured.
(b) Property Bond, as used herein, refers to the posting of a secured interest in real estate or other property through a filed mortgage or financing statement.
(c) Future Value, as used herein is the value the investment would have had if invested to the ward's payment date and using the current average rate of return on federally insured savings accounts in three Marathon County banks, credit unions, savings banks or savings & loan associations.
(2) Required Investment When No Bond Required: When the court permits a person to serve without bond, under Wis. Stat. § 880.13(2)(b), all guardianship funds shall be invested in a bank account, credit union, savings bank or savings & loan association insured by the Federal Deposit Insurance Corporation or United States Government (savings bonds, etc) when the total amount of the guardianship estate is $40,000 or less. This section shall not be interpreted to prohibit the continued investment of any portion of the original estate that may have been received in the form of other investments not so insured.
(3) Risk-Return Investment Bond Requirement: Whenever a guardian of an estate of less than $40,000 wishes to invest in risk-return investments, they may do so provided the following conditions are met;
(a) consistent with Wis. Stat. § 881.01(2), no more than 50% of the guardianship estate is to be so invested, and;
(b) the guardianship posts with the court a surety or property bond in an amount not less than 120% of the investments future value, or;
(c) proof of a corporate bond by a corporate trust or similar investment company.
Source: BBL 1995
Other Probate Matters 7.80-7.99
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