State Bar of Wisconsin

Oconto County
Circuit Court Rules
(Eighth Judicial District)

RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT

701. Facsimile documents transmitted directly to the courts shall be accepted for filing only if:

1. No filing fee is required.
2. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

702 Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if:

1. No filing fee is required.
2. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

703. The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.

704. The circuit court, judge or clerk is not responsible for errors or failures in transmission that result in missing or illegible documents or periods when a circuit court facsimile machine is not operational for any reason.

705. A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do no conform to these rules if good cause is shown and they are in conformance with SCR 801.16.

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

RULE 8: SECURITY POLICY-THREATS TO JUDICIARY & COURT EMPLOYEES

801. The Oconto Police Department is the primary law enforcement agency to receive reports of threats and investigate such reports within their normal investigative procedures. The Oconto Police Department has identified the shift commander as the liaison officer for reporting purposes.

802. If a threat does not appear to impose imminent danger, the threat shall be reported to the Oconto Police Department as outlined in the Oconto County Courthouse Alarm/Incident Procedure. If a threat appears to be immediate, the Oconto Police Department shall be immediately notified and requested to provide an independent evaluation concerning the urgency of the threat and recommendation as to further procedures.

803. All threats, regardless of their degree, shall be reported in order to allow for an independent evaluation by the Oconto Police Department.

804. In conjunction with the Oconto Police Department, written procedures shall be developed which assist the threatened person in collecting and preserving the appropriate evidence needed by the Oconto Police Department for investigative purposes.

805. In conjunction with this policy the Sheriffs Department's Operational Guidelines for Courtroom Security will detail other security procedures to be followed.

806. Judges and court staff shall inform the District Court Administrator of any threat and the subsequent steps that have been taken pursuant to the guidelines by forwarding a copy of any Threat/Incident Reports completed to them along with the evaluation by the Oconto Police Department liaison officer. The District Court Administrator shall maintain a log of reported threats/incidents and corrective measures implemented for each event.

807. If attorneys meet with clients in the jury rooms, they are never to leave the client alone at any point.

808. Attorneys may not mail to clients in jail or give clients currently in custody any documents or envelops containing paper clips, staples, binder clips, or metal clasps.

RULE 9: CIVIL PRACTICE

901. All civil cases will be reviewed for filing of proof of service and answer 120 days after filing by the judicial assistant. If at that time it is found that a case has not reached issue, a dismissal order or default proceeding shall be prepared by the judicial assistant.

902. A motion for summary judgment and/or dismissal shall be filed with the Clerk of Courts and a copy with the assigned judge together with any brief or other supporting documents. If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed. The respondent shall have 30 days from the filing of the movant's brief within which to file a responsive brief and supporting documents, or waive in writing the right to do so. If the respondent fails to file a brief and supporting documents or waiver of the same within the 30 day period, it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. Oral arguments shall be scheduled as deemed appropriate and a decision shall be based upon the record as timely filed or by arguments presented.

903. If the movant desires to file a brief in support of a motion other than one for summary judgment or dismissal, the brief shall be served and filed with the Clerk of Courts; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the assigned judge with the notice of motion or at least days 10 days prior to any scheduled hearing date. Briefs in opposition to such motions must be filed no later than two business days prior to the hearing of the motion. Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing. Briefs filed in an untimely fashion may be disregarded by the court.

904. Except as to mortgage/land contract foreclosures, notice to defendant is not required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.

905. In cases where personal service is not obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant's last known address.

906. In actions where damages are not liquidated, the court shall require proof in order to determine the amount of the judgment. The court may order a hearing or consider affidavits to determine the amount of the judgment in any case.

907. Any judge may in an individual case require further notice or proof regarding service, damages or costs, if appropriate.

908. No default mortgage/land contract foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants 10 days prior to the hearing.

909. In all pretrial matters, attorneys must have the authority to negotiate in the absence of their clients or, if authority is not granted, immediate telephonic access to the clients shall be required.

910. Any judgment debtor who applies to have a judgment removed from the docket because of bankruptcy shall file a verified petition and proposed order together with a certified copy of the discharge in bankruptcy. The judgment debtor shall also file an affidavit showing that the debtor has served a copy of the completed application and the proposed order on each judgment creditor described in the application. The court shall wait at least five business days after the notice to the creditors and shall sign the proposed order only upon payment of the clerks fee of $5.00 per judgment.

911. A court in which an action is pending may appoint a referee who shall have such qualifications as the court deems appropriate. The fees allowed to a referee shall be fixed by the court and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court, as the court may direct.

912. The court may upon its own initiative after reasonable notice, or pursuant to a motion, limit the number of depositions and interrogatories and may also limit the length of depositions. Written interrogatories are limited to thirty (30) questions including subparts. The frequency and extent of the use of the discovery methods otherwise permitted or limited by these rules may be further limited if the court determines that:

1. the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;
2. the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or
3. the burden or expense of the proposed discovery outweighs the benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.

RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE

1001. If an attorney is appointed pursuant to State v. Dean as counsel, that attorney shall be compensated at the rate of $100.00 per hour. To be appointed as an attorney under Dean, an attorney must be qualified to handle cases as a Public Defender, unless otherwise approved by the appointing judge.

1002. If during the course of a Dean appointed representation, a defendant fails to appear and a bench warrant is authorized for the arrest of the defendant, the appointed attorney may petition the court to be withdrawn as counsel and for the payment of fees after thirty (30) days have passed.

1003. Motions for discovery in felony and misdemeanor cases shall be filed by defense counsel within 10 working days of the date of arraignment. The State shall respond to the demand for discovery within 10 working days of the date of service of a motion for discovery upon the State.

1004. In all felony cases, Pre-Trial Conferences shall be scheduled not later than sixty (60) days after Arraignment. In all misdemeanor cases, Pre-Trial Conferences as be scheduled not later than thirty (30) after Arraignment. Exceptions to this rule are at the discretion of the presiding judge.

1005. The State shall provide discovery to the Defense no later than 7 days prior to the Pre-Trial Conference.

1006. If the State intends to make an offer for resolution, that offer shall be made in writing contemporaneously with the providing of discovery to the Defense, but no later than 7 days prior to the Pre-Trial Conference.

1007. The time in which a defendant must file pre-trial motions shall not commence to run until the date that discovery is given to the defendant under the Code of Criminal Procedure.

1008. All motions must state with specificity the grounds and factual basis therefore. General assertions of violations of Constitutional rights will not be considered specific. Such non-specific motions may be denied sua sponte by the assigned judge with notice to the parties of such denial and leave to renew the motions in a timely manner.

1009. If a defendant has criminal cases pending in more than one court, and there has been an agreement reached as to the disposition of all cases, they shall transfer to the agreed upon court but only with leave of that court.

1010. Motions for consolidation of misdemeanors with felonies shall be brought before the judge assigned the felony case. Motions to consolidate felony cases shall be brought before the judge before whom the lowest numbered felony case is pending. A motion to consolidate a misdemeanor "CM" with a criminal misdemeanor traffic case "CT" will be brought before the judge assigned to the traffic case. A motion to consolidate two or more criminal misdemeanor cases will be brought to the judge before whom the lowest numbered misdemeanor case is pending. If a motion for consolidation is granted, further proceedings in all consolidated cases shall be heard by the judge who granted the motion.

1011. The prosecuting attorney shall have absolute authority to enter into binding plea agreements without the approval of the arresting officer(s) and/or victim(s).

1012. A stipulated request for continuance of the trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown. Exceptions to this rule are subject to the presiding judge. A contested request for continuance must be on motion and hearing and for good cause shown by the party. All requests for continuance are subject to the approval of the court.

1013. Plea Questionnaires shall be completed prior to the commencement of any scheduled proceedings [Plea Questionnaire available in Clerk of Court Office].

1014. Not later than 7 days prior to the scheduled sentencing hearing, the Division of Community Corrections shall mail or deliver the original to the clerk of court's office and mail or deliver a copy of the Pre-Sentence Investigation report the District Attorney and defense counsel, if any. Defense counsel, District Attorney and defendant shall have reviewed the PSI report prior to the time scheduled for sentencing. Attorneys are prohibited from making photocopies of such reports, allowing any individual to remove the report from their presence and shall file their copy of the PSI report with the clerk immediately upon conclusion of the sentencing hearing.

1015. Petitions for Occupational Licenses shall be forwarded to the judge assigned Traffic jurisdiction except for those cases in which loss of licenses occurred for revocation/suspension for a non-traffic matters. Those cases shall be presented to the judge who presided at the sentencing hearing.

1016. Occupational licenses, under §343.10, Wis. Stats., shall only be issued pursuant to the authority of the Wisconsin Statutes, as set forth in ch. 343, Wis. Stats.

1017. If any person has posted bond to obtain the release of an accused from custody and a criminal complaint is not filed within eight weeks thereafter, the clerk of court is authorized to return any bond money to the person who deposited it.

1018. Restitution information shall be collected by the Victim/Witness Coordinator and shall be provided to the defense within a reasonable time of request.

RULE 11: SMALL CLAIMS PRACTICE

1101. Oconto County by this rule authorizes the service of summons in all small claims actions, except eviction and replevin actions, by mail in lieu of personal or substituted service. Regular mail is limited to Oconto County. Personal or substituted service outside of the county is acceptable. Eviction actions require service by personal or substituted service and replevin actions require service by person, substituted or by certified mail with return receipt requested. Parties are wholly responsible to secure service of their pleadings.

1102. All plaintiffs and all defendants in small claims matters must personally appear on the return date. No party may appear by telephone.

1103. All pleadings under ch. 799, Wis. Stats., shall be in writing unless specifically ordered otherwise by the assigned judge.

1104. If the defendant fails to appear on the return date or fails to file and serve a written answer pursuant to Rule 902, a default judgment will be entered according to the demands of the complaint.

1105. Beginning September 1, 2005, small claims court shall begin at 4:00 P.M.

RULE 12. GUARDIAN AD LITEMS (GAL)

1201. A Guardian ad Litem appointed to serve in Termination of Parental Rights (TPR) or Child in Need of Protection or Services (CHIPS) actions brought be a private party shall be compensated at the rate of $120.00 per hour. If the action is brought by a county or state agency, the GAL shall be compensated at the rate of $90.00 per hour.

1202. A Guardian ad Litem appointed to serve in divorce matters where the parties to the action are ordered to pay GAL fees shall be compensated at the rate of $120.00 per hour. Practioners should also see Rule 1309 for further discussion of GALs in divorce matters.

1203. A Guardian ad Litem appointed to serve in a WATTS review, whether brought by a private party or a public agency, shall be compensated at the rate of $90.00 per hour.

1204. A Guardian ad Litem appointed to serve in any other matters brought by a private party shall be compensated at the rate of $120.00 per hour.

1205. A Guardian ad Litem appointed to serve in any other matters brought by a public agency shall be compensated at the rate of $90.00 per hour.

1206. In privately brought TPR and CHIPS actions, the moving party shall deposit with the Clerk of Probate the sum of $1 ,000.00 as an advance toward GAL fees prior to the appointment of a GAL. Attorneys shall be personally responsible for ensuring that the deposit is made and shall ensure that fees incurred above the initial deposit amount are paid. The court shall have the authority to order an attorney to pay any amounts due. After payment of the fee to the Guardian ad Litem, the clerk shall, without further order of the court, disburse any excess to the person who posted it.

1207. Guardians ad Litem shall not incur any expenses for the hiring or consultation with experts without prior approval of the court. Guardians ad Litem must submit a statement within 60 days after completion of their services or the court may, in its discretion, deny payment. The statement for services shall include an itemization of time spent and expenses incurred. The Guardian ad Litem shall mail copies of the statement to the attorneys of record in the matter or directly to any party who is not represented by counsel.

Oconto County Circuit Court Rules