State Bar of Wisconsin

Oconto County
Circuit Court Rules
(Eighth Judicial District)

RULE 1: PUBLICATION AND REVISION OF CIRCUIT COURT RULES

101. Pursuant to §753.35, Wis. Stats., the Circuit Court of Oconto County may adopt and amend rules governing practice in court that are consistent with rules adopted under §751.12, Wis. Stats., and other statutes relating to pleading practice and procedure. These rules supersede existing rules and practices.

102. Court rules, prior to adoption or revision, shall be presented at two (2) successive meetings of the Oconto County Circuit judges. This requirement and Rule 103 may be suspended for good cause upon the order of the Oconto County Circuit Judges.

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

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

105. Rules shall be adopted by written order of the Oconto County Circuit Judges subject to approval of the Chief Judge. Orders adopting rules shall specify an effective date.

106. Once adopted, court rules shall be filed with the Clerk of Circuit Court, and the Clerk of Circuit Court shall provide copies to the secretary of the Oconto County Bar Association, the court administrator for the Eighth Judicial District, the State Bar of Wisconsin, the State Law Library and the office of the Director of State Courts. The Clerk of Circuit Court shall print and make available to the public, at cost, all rules adopted or amended under this section.

107. In an emergency, the assigned circuit judge may order modifications to these rules to assist in the efficient administration of justice.

108. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed.

RULE 2: GENERAL PROVISIONS

201. Closure of Proceedings: Unless good cause has been shown to the judge, a party moving that any judicial proceedings, required by law to be public, be closed to the news media, must notify the court and the media coordinator of the Eighth Judicial Administrative District in writing at least 72 hours prior to the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show cause why the proceedings should not be public as required by statute.

202. All papers, pleadings, motions, etc., shall be on substantial paper, contain the case number assigned and designate in the caption, the branch of circuit court assigned to the case. Where appropriate, only approved forms shall be used.

All papers, pleadings, motions, briefs, etc. must conform to the following specifications:

1. Produced by duplicating or copying process that produces a clear, black image of the original on white paper.
2. Produced on 8-1/2 by 11 inch paper.
3. A one inch margin on the left side and a one inch margin on all other sides.
4. Minimum 12 point body text, 11 point for quotes and footnotes.

The Clerk of Court shall receive all filings of pleadings regardless of the assigned judge. All pleadings should be addressed to the Clerk of Courts for filing. The judge may require parties filing the papers to forward copies of documents to the assigned judge whether or not he/she is located outside the county.

The Clerk of Circuit Court and the Register in Probate shall refuse to accept for filing any document not in compliance with this rule and the appropriate state statutes. Parties are to include both the State Bar Code and the appropriate case classification on all pleadings filed with the court.

203. No Circuit Court files shall be removed from the Oconto County Courthouse without an order of a Circuit Judge.

204. In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition for Waiver of Fees/Costs, Affidavit of Indigency and Order must be completed for review by the court. The final decision on waiver will be at the discretion of the court. [Petition for Waiver of Fees/Costs-Affidavit of Indigency and Order available at Clerk of Court office.]

205. When counsel submits a document to the court for signature, a copy shall be simultaneously forwarded to all other counsel and/or unrepresented parties. Objections to the form or content of the document submitted shall be filed in writing with the court within 5 days of service or mailing. Failure to file written objections shall be deemed a waiver of objections. The document will be deemed signed unless objections have been filed.

206. There is hereby delegated to the Clerk of Courts, the Deputy Clerks of Courts and the Judicial Assistants, the following ministerial and clerical duties: calendaring traffic regulations/crimes, civil, small claims, ordinance and family cases for trial; and, to administer oaths to witnesses, jurors and bailiffs and such other duties as designated by the Court.

207. The non-refundable jury fee is payable at or before the scheduling conference, whichever comes first.

208. Counsel should use good judgment in subpoenaing witnesses to appear in court. Counsel should respect the time necessary in order to select a jury and not have witnesses waiting inordinately for their opportunity to testify.

209. Only active members of the state bar of Wisconsin may practice law in Oconto county courts. A Oconto County Circuit Judge may, by written motion, permit non-resident counsel to appear in his or her court with an active member of the state bar of Wisconsin who must also appear and participate in that particular action or proceeding. Permission to the non-resident lawyer may be withdrawn by the judge granting it if the lawyer by his or her conduct manifests incompetency to represent a client in a Wisconsin court or by his or her unwillingness to abide by the rules of professional conduct for attorneys and the rules of decorum of the court.

210. All exhibits must be marked prior to any court hearing. Counsel/parties maintain the responsibility to coordinate this marking with the Clerk of Courts and shall be prepared to provide a description of each exhibit to the Clerk at the time of marking. Copies of any exhibits are to be provided to parties prior to the hearing, if possible. Exceptions to this rule are at the discretion of the presiding judge.

211. The judges of Oconto County may, with or without a motion being filed, upon determining that an action or proceeding is an appropriate one in which to invoke a settlement alternative under §802.12, Wis. Stats., order the parties to select a settlement alternative as a means to attempt settlement.

Parties are required to inform the responsible judge the settlement alternative that they select and the name of the person to provide that alternative.

If the parties cannot agree on the settlement alternative, the judge shall specify the least costly settlement alternative that the judge believes is likely to bring the parties together in settlement, except that unless all of the parties consent, the judge may not order the parties to attempt settlement through binding arbitration, non-binding arbitration or summary jury trial or through multiples of any other settlement alternative.

If the parties cannot agree on the payment of a provider of a settlement alternative, the judge shall direct that the parties pay reasonable fees and expenses of the provider or that the parties pay into an escrow account sums sufficient to pay the fees and expenses of the provider.

212. Counsel are to provide both line and page number when referring to any deposition testimony during court hearings and in any briefs submitted to the court. Advance notification of specific depositions intended to be used must also be made in advance of any scheduled hearings.

213. Counsel are to provide marked copies of all transcripts to counsel and the court at least 48 hours prior to their intended use.

214. The judge having the most years of service as a judge of the Oconto County Circuit Court shall have the right to choose which chambers and which courtroom the judge shall use.

NOTE: It is the intention of Rule 215 to permit the judge with the most seniority to select which chambers and courtroom that judge chooses to use. This rule does not permit the judges to changes branches. For example, the judge of Branch I would remain the judge of Branch I even though the judge of Branch I would choose the chambers and courtroom presently being used by the judge of Branch II. Signs designating courtrooms would be switched.

RULE 3: CASE PROCESSING TIME GUIDELINES

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

1. Misdemeanor [from initial appearance] [in custody] = 2 months
2. Misdemeanor [from initial appearance] [not in custody] = 3 months
3. Felony [from initial appearance] = 6 months
4. Traffic/Ordinance [from initial appearance] = 4 months
5. Personal Injury/Property Damage = 18 months
6. Contract/Money Judgment/Other Civil = 12 months
7. Divorce = 12 months

302. It will be the practice of the court to schedule every case for a next action or review date at every stage in the life of the case. [Scheduling Conference Order- Available from Clerk of Court office]

303. A Notice and Order of Dismissal shall be prepared, and if signed, mailed to litigants or their counsel for all case types specified below when there has been no apparent activity in the case for the period of time specified below. No Notice and Order shall be prepared if activities have been suspended due to the issuance of an arrest warrant; bench warrant; in traffic cases, an operator's license suspension order; or the filing of a Petition in Bankruptcy:

1. Traffic/Ordinance [from Initial Appearance] = 4 months
2. Personal Injury/Property Damage = 9 months
3. Contract/Money Judgment/Other Civil = 6 months
4. Divorce = 6 months
5. Small Claims = 3 months
6. Child Support = 6 months
7. Paternity-Contested = 6 months
8. Paternity-Uncontested = 3 months

304. Objections to dismissal shall be made in writing to the assigned judge of the action to be dismissed. The judge may deny the objections, vacate the order of dismissal or schedule a hearing.

305. No action pending will be stayed unless a certified copy of the Bankruptcy Petition and all schedules are filed with the Circuit Court upon filing with the Bankruptcy Court. All actions suspended due to the filing of a Petition in Bankruptcy will be dismissed, without notice to any party, one (1) year from the date of filing unless a petition is filed to extend the suspension and/or a certified copy of the Discharge in Bankruptcy and all schedules is presented to the presiding judge before the expiration of the one year period.

306. Nothing in these rules shall restrict the inherent power of the judge of these courts to make additional orders, rules or policy that would expedite the efficient and effective disposition of litigation.

RULE 4: RULES OF DECORUM

401. As the judge enters the courtroom, the Bailiff or Clerk of Court shall require all present to rise and stand. At the commencement of jury trials, when the judge has reached the bench, the Bailiff or the Clerk of Court shall say " Hear ye! Hear ye! The Circuit Court for the County of Oconto is now open. Silence is commanded." All shall be seated and the business of the court shall proceed.

402. In recessing, the judge shall announce: " The court is now in recess," or the equivalent.

403. The flag of the United States shall at all times while court is in session be displayed at, on, or in close proximity to the bench, or on standard to the right of the judge.

404. In the courtroom, beverages except as provided by the court, food and gum-chewing are not allowed. Hats of any type are not permitted to be worn in the courtroom. Coats not worn are to be placed on the coat racks located outside of the courtrooms. Newspapers are not to be read during court proceedings. Feet are not to be placed on chairs or benches. Silence is to be maintained and noisy or restless children should be immediately removed by their caregiver.

405. Witnesses shall be examined from a position at the counsel table except when handling exhibits unless a lectern is provided by the court, in which case the examination shall be either from the position at the counsel table or the lectern. Persons examining witnesses may either stand while examining a witness from the counsel table or remain seated. In no case shall a witness be crowded during examination.

406. When a lawyer or party is addressing the jury, he or she shall not crowd the jury box.

407. Individual voir dire is prohibited except upon prior approval of the presiding judge.

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

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

410. Witnesses shall be examined with courtesy and respect, and their good faith presumed until the contrary appears.

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

412. During jury trials, objections to questions or evidence shall be made solely by stating: "objection" and the succinct legal ground therefore (e.g. relevancy, hearsay, etc.) without argument or elucidation. Responses from opposing counsel are to be made only upon a request to be heard and leave of the presiding judge.

413. Sidebar conferences shall not be allowed except upon extreme emergencies as determined by the presiding judge.

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

415. Any person who fails to comply with these rules may be found in contempt of court and/or removed by the court officer or the bailiff.

416. (1) Judges, court commissioners, lawyers, clerks and court personnel shall at all time do all of the following:

1. Maintain a cordial and respectful demeanor and be guided by a fundamental sense of integrity and fair play in all their professional activities.
2. Be civil in their dealings with one another and with the public and conduct all court and court-related proceedings, whether written or oral, including discovery proceedings, with civility and respect for each of the participants.
3. Abstain from making disparaging, demeaning or sarcastic remarks or comments about one another.
4. Abstain from any conduct that may be characterized as uncivil, abrasive, abusive, hostile or obstructive.
5. While in court or while participating in legal proceedings, dress in a manner showing proper respect for the court, the proceedings and the law. Judges shall wear black robes while presiding on the bench except when exceptional circumstances exist.
6. Advise clients, witnesses, jurors and others appearing in court that proper conduct and attire is expected within the courthouse and, where possible, prevent clients, witnesses or others from creating disorder or disruption.
7. In scheduling all hearings, meetings and conferences, be considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or client's interests.
8. Conduct themselves in a manner which demonstrates sensitivity to the necessity of preserving decorum and the integrity of the judicial process.

(2) Judges, court commissioners, and lawyers shall be punctual in convening and appearing for all hearings, meetings, and conferences and, if delayed, shall notify other participants, if possible.

(3) Lawyers shall do all of the following:

1. Make all reasonable efforts to reach informal agreements on preliminary and procedural matters.
2. Attempt expeditiously to reconcile differences through negotiation, without needless expense and waste of time.
3. Abstain from pursuing or opposing discovery arbitrarily or for the purpose of harassment or undue delay.
4. If an adversary is entitled to assistance, information or documents, provide them to the adversary without unnecessary formalities.
5. Abstain from knowingly deceiving or misleading another lawyer or the court.
6. Clearly identify for the court and other counsel changes that he or she has made in documents submitted to him or her by counselor by the court.
7. Act in good faith and honor promises and commitments to other lawyers and to the court.

(4) Adherence to standards of professionalism and courtesy, good manners and dignity is the responsibility of each judge, court commissioner, lawyer, clerk and other personnel of the court who assist the public.

NOTE: The purpose of this amendment is to adopt the "Standards of Courtesy and Decorum for the Courts of Wisconsin" that were adopted by the Wisconsin Supreme Court in SCR Chapter 62. Duplications in the local rules were eliminated and the remaining rules were renumbered. Effective October 1, 1996 by order dated September 5, 1996.

RULE 5: SCHEDULING/ADJOURNMENTS

501. Ex parte requests for scheduling are limited by SCR 20:3.5, "Code of Professional Conduct for Attorneys-Impartiality and decorum of the tribunal."

502. Adjournments are not a matter of right and will only be granted for good cause.

503. All adjournments shall be made to a date certain, and no adjournment shall be indefinite or day-to-day.

504. The party receiving the adjournment shall be solely responsible for notifying opposing counsel and, where appropriate, all parties that the hearing, trial, etc., has been adjourned.

505. If necessary, scheduling conflicts will be resolved in favor of the first scheduled hearing, unless, for good cause, the presiding judge agrees otherwise.

506. Where applicable, the Rules of Civil and Criminal Procedure and specific local court rules will control all requests for adjournments.

507. All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counselor unrepresented parties at the time it is forwarded to the presiding judge.

RULE 6: FEES/LATE SETTLEMENT ASSMTS/RECEIVING AND DISBURSING FEES

601. Late Settlement Assessments-The circuit judge requests trial counsel to pursue settlement 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.

602. The court shall have discretionary authority in any civil or criminal action or proceeding triable to a jury to assess the entire cost of one day's jurors fees for a jury, including all mileage costs, against either the plaintiff or the defendant or counsel, or additional parties plaintiff or defendant, if a jury demand has been made in any case and if a jury demand is later withdrawn within 2 business days prior to the time set by the court for the commencement of the trial. The party assessed shall be required to make payment to the clerk of circuit court within a prescribed period and the payment thereof shall be enforced by contempt proceedings.

603. Every party ordered to make payments of an annual receiving and disbursing fee shall be notified of the requirement to pay the fee and the amount of the fee by including the provisions concerning the fee in any subsequent written order.

604. Any stipulation between parties under which a party is to make maintenance payments, child support or family support payments shall include the requirement to make the annual receiving and disbursing fee.

605. Future legislative modifications of §814.61 (12)(b), Wis. Stats., are incorporated into these rules as they become effective.

Oconto County Circuit Court Rules