State Bar of Wisconsin

Oconto County
Circuit Court Rules
(Eighth Judicial District)

RULE 13: FAMILY LAW PRACTICE

1301. At temporary hearings both parties shall bring wage statements from their respective employers for a period of twelve weeks prior to the hearing date, financial disclosure statements signed under oath, and copies of state and federal income tax returns for the two prior years in the possession or control of each party. Failure to file these documents shall authorize the Family Court Commissioner to accept the statement of the other party as accurate. The Family Court Commissioner may, at his/her discretion continue any matter until Financial Disclosures are filed.

1302. The party petitioning for a temporary hearing shall give the other party at least forty-eight hours notice prior to said hearing.

1303. All stipulations for orders to suspend proceedings in divorce actions to attempt reconciliation shall be submitted in the form as set forth as Stipulation and Order to Suspend Proceedings or Reconciliation form which is available in the Clerk of Court Office.

1304. The stipulation and order referred to in Rule 1303 shall indicate the date by which the parties must report to the court the status of the reconciliation together with the request for dismissal of the divorce action or a resumption of proceedings.

1305. If no report is received as required by Rule 1304, the judge or court commissioner shall dismiss the action.

1306. Any party raising the issue regarding primary physical placement or custody shall be referred to Mediation Services of Oconto County.

1307. The cost for custody and physical placement mediation provided by family court counseling services shall be $250.00 for services beyond the initial session. The cost for a custody or physical placement study shall be $300.00.

1308. In an original action where custody or physical placement of a child or children is an issue the parties shall be equally responsible for the payment of any fees for mediation, custody or physical placement studies or Guardian ad Litem fees due in advance and will be presumed to be equally responsible for the total fees, unless otherwise ordered by the court.

1309. In a post-judgment matter relating to the custody or physical placement of a child or children, the party seeking a change in the judgment with respect to those issues shall be responsible for any payments due in advance.

1310. If one or both of the parties allege that they are indigent, that party may request relief from payment of any fee or cost by motion made to the court. If one of the parties is indigent, the court may order the other party to pay the fee.

1311. The court or court commissioner may also require a party to reimburse the other party for fees advanced by that party. Factors to be considered as to reimbursement are the relative ability of the parties to pay, the results of the action, the conduct of the parties with respect to attempts to obtain a settlement by other than resort to the judicial system, and other equitable factors which the court might consider.

1312. At the time of the filing of any action for divorce, legal separation, or annulment, the Clerk of Courts shall issue to the filing party a copy of a pretrial order signed by the judge or court commissioner to whom the case has been assigned. The copy is to be served upon the other party along with the summons and petition in the action.

1313. The pretrial order will show the date 120 days after the filing of the action, or as soon thereafter as the court is available, when a pretrial hearing is scheduled. Any requests for adjournments for the pretrial hearing must be made as soon as counsel are aware of a conflict. No adjournments will be granted without court approval. At least 10 days prior to the pretrial hearing counsel shall provide to the court and opposing counsel the information as required by the pretrial order. Upon failure of counsel to provide the information at least 10 days prior to the hearing date, appropriate sanctions may be imposed.

1314. The final stipulation/marital settlement agreement and each party's financial disclosure statement shall be filed with the Court prior to the hearing date. The findings of fact, conclusions of law and judgment of divorce and the original certificate of divorce or annulment must be filed at the start of the hearing. Failure to file these documents in a timely fashion will result in the cancellation of the hearing.

1315. Prior to obtaining a date and time from the court, any party seeking to enforce a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Courts an Order to Show Cause or other appropriate motion and pay such fee as required. Upon proof of filing and payment of any required fee, the court will provide the filing party with the date and time for hearing. Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and/or local rule.

1316. If the Family Court Commissioner determines that he/she should disqualify him/herself under Section 757.19 of the Wisconsin Statutes, the commissioner shall then refer the matter to the Family Court Commissioner of Marinette County who will then preside over the matter as Acting Family Court Commissioner for Oconto County.

1317. Beginning January 1,2006, all Motion for Contempt in divorce matters brought by a private party shall be brought before the Family Court Commissioner. All Motions of Contempt brought by an agency of the County or State shall be brought before the branch of circuit court which issued the relevant order.

1318. Attorneys are to file a notice of retainer in all family and paternity cases.

1319. Hearings shall be scheduled as follows:

1. Initial Paternity Hearings: These matters will be scheduled before the Family Court Commissioner.
2. Initial Support & Maintenance Hearings: These matters will be scheduled before the Court Commissioner.
3. Final Hearings - Paternity: These matters require a Pre-Trial hearing with the Court Commissioner. If there are custody/placement issues, the parties shall have been directed by the Family Court Commissioner to co-parenting and mediation services, and thereafter, if necessary, a Guardian ad Litem shall be appointed by Family Court Commissioner. If the final hearing is to deal with contested custody/placement issues, the hearing shall be before the Circuit Court, after a Pre-Trial before FCC. If custody/placement is resolved, the Court Commissioner shall handle the final hearing.
4. Final Hearing - Support & Maintenance: These matters require a Pre-Trial hearing with the Court Commissioner. If there are custody/placement issues, the parties shall have been directed to co-parenting and mediation services, and thereafter, if necessary, a Guardian ad Litem appointed by Family Court Commissioner. If the final hearing is to deal with contested custody/placement issues, the hearing shall be before the Circuit Court, after a Pre-Trial before Family Court Commissioner. If custody/placement is resolved, the Court Commissioner shall handle the final hearing.
5. Final Hearings - Default Judgments: These matters are to be schedule before the Court Commissioner.
6. Contempt: Initial hearings on these matters are to be before the Court Commissioner. It is suggested that a specific block of time be set aside for these matters. Subsequent hearings upon failure to comply or failure to purge from the contempt finding will be scheduled before the Circuit Court.
7. Revision of Judgment: Initial hearings will be scheduled before the Court Commissioner. If these are custody/placement issues, the parties shall be directed by Family Court Commissioner to co-parenting and mediation services, and thereafter, if necessary, a Guardian ad Litem appointed by the Family Court Commissioner. If the final hearing is to deal with contested custody/placement issues, the hearing shall be before the Circuit Court, after a Pre-Trial before the Family Court Commissioner. If custody/placement is resolved, the Court Commissioner shall handle the final hearing.

RULE 14: JUVENILE POLICY AND PROCEDURE

1401. Wisconsin Statutes Chapter 48 and 938 are controlling in all juvenile activities.

1402. All requests for adjournments must be in writing and received not later than 48 hours prior to the hearing.

1403. Court reports shall be submitted to the juvenile clerk 72 hours prior to the disposition hearing.

1404. The District Attorney's Office shall prepare all juvenile orders within 10 days of the disposition hearing. The court may designate responsibility for the preparation of orders to another party as appropriate.

1405. In a delinquency action, an admission questionnaire must be completed prior to the acceptance of any pleas. [Plea Questionnaire, Juvenile Admission and Waiver of Rights and Parents CHIPS Waiver of Rights forms are available in Clerk of Juvenile Court Office.]

1406. When necessary, the juvenile clerk will select a Guardian ad Litem, from a predetermined list, prepare the necessary paperwork, have the judge sign the appointment and the Guardian ad Litem sign the consent.

1407. Juvenile court records are deemed confidential and disclosure about same is prohibited by statute.

1408. Juvenile case records are the responsibility of the juvenile clerk and are not to be removed from that office without written permission of the court.

1409. Guardian ad Litems in juvenile matters shall be compensated as provided in Wis. Stats. Sec. 48.235(8). Guardian ad Litems shall not incur any expenses for hiring or consultation with experts without prior approval of the court. Guardian ad Litems 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.

1410. The "Policy and Procedure Manual for the Juvenile and Children's Court of Oconto County" attached hereto as Appendix A is adopted as though fully set forth in these rules. Amendments to this rule may be made by the Judges of Oconto County Circuit Court without regard to Rule 1.

RULE 15: TERMINATION OF PARENTAL RIGHTS AND ADOPTIONS

1503. The parent whose rights are being terminated shall complete all necessary medical and genetic reports and file them with the clerk of juvenile court prior to the hearing.

1504. The adoptive parents shall be responsible for all other costs associated with the adoption proceedings.

RULE 16: PROBATE PRACTICE

1601. All probate proceedings shall be closed not later than 12 months after filing of the petition. If any estate is not closed within 11 months of the filing of the petition, the Register in Probate shall send a letter to the personal representative and the attorney for the estate advising them that the estate must be closed. If the estate is still not closed within 18 months, the attorney and the personal representative shall be required to show cause before the court why the estate has not been closed. The court may impose any sanction it deems appropriate including, but not limited to, the removal of the personal representative and/or attorney or dismissal of the entire proceeding and such monetary sanctions as the court deems appropriate.

1602. Any person who objects to the probate of a will must file their objection in writing with the Register in Probate and pay the required fees. The objector shall then contact the Probate Judge for the scheduling of further proceedings. It is the responsibility of the objector to provide proper notice to all interested parties of future proceedings.

1603. When an objection to a claim is filed, the personal representative or attorney for the estate shall send a notice of the objection to all interested parties and shall schedule the matter for hearing with the Probate Judge. The personal representative and attorney shall provide notice to all interested parties of the hearing on the objection. If the claimant fails to attend the hearing, the court may disallow the claim.

1604. Unless otherwise ordered by the court, the inventory must be filed within 90 days from the date the domiciliary letters are issued. If not filed, the Register in Probate shall send notice to the personal representative that the inventory is delinquent. If the inventory is not filed within 6 months, the court shall issue an order directing the personal representative to appear before the court to show cause why the inventory has not been filed. The appropriate filing fee must be paid at the time the inventory is filed.

1605. Unless otherwise ordered by the court, the inventory of the guardian, conservator or trustee shall be filed within 90 days from the date letters are issued. If not filed, the Register in Probate shall send a notice to the guardian, conservator or trustee that the inventory is due. If no inventory is filed within 6 months of the date the letters are issued, the court shall issue an order directing that the guardian, conservator or trustee appear before the court to show cause why the inventory has not been filed. Filing fees shall be paid at the time the inventory is filed.

1606. In January of each year, the Register in Probate shall send forms for annual accounts to all guardians, conservators and trustees. It is the responsibility of the guardian, conservator or trustee to complete the report and file it in the office of the Register in Probate together with the verification of all assets. The report must be filed not later than April 15th of the year in which it is due. Failure to receive this annual form does not exempt the guardian, conservator or trustee from preparing and filing the annual report. Failure to file the annual report may cause the guardian, conservator or trustee to be subject to penalty and/or removal. Guardians, conservators and trustees shall keep the court informed of their current mailing address.

1607. The court shall determine the compensation for services rendered by guardians, conservators and trustees which are just and reasonable. The guardian, conservator or trustee shall petition the court for approval of fees. All requests should be made on an annual basis unless otherwise ordered by the court.

1608. When any hearing regarding any alleged incompetent is requested, the Register in Probate shall notify the public defender's office to determine representation. If a public defender is unable to provide representation, the Register in Probate shall so inform the court. The court will then determine whether or not adversary counsel should be appointed. The corporation counsel shall provide notice to all interested parties and shall be responsible for arranging for the incompetent to be present at all hearings unless otherwise ordered by the court.

RULE 17: JURY PROCEDURE

1701. The Clerk of Courts shall call in 40 jurors for all scheduled jury trials unless notified otherwise by the judge.

RULE 18: VIDEO CONFERENCING

1801. All video court events and appearances are to be indicated on the court record.

1802. Any location where a remote appearance is being conducted with an Oconto County Circuit Judge or Court Commissioner is to be considered an extension of the courtroom in which the hearing is taking place.

1803. Any proceeding or appearance allowable by statute, case law and/or at the discretion of the court may be conducted by video either by request of a party or at the discretion of the presiding court official.

1804. Any party requesting (including the court) the use of video for an upcoming court event should attempt to do so within a reasonable amount of time prior to the hearing/trial and/or to the physical transport of the prisoner/patient/detainee, witness, etc.

1805. If any party objects to conducting a hearing via video, they shall orally (on the record) or in writing notify the court of the reason why and all counsel of record and/or parties not represented by counsel of record of such objection within a reasonable time prior to the hearing. The judge shall make a determination on the record, whether to proceed with the video proceeding or allow or require counsel/litigant to personally appear.

1806. Parties to a video proceeding authorized by the court may file by facsimile any papers necessary for the completion of the proceeding.

1807. During a video proceeding the court shall maintain full control of the remote camera and courtroom camera. No movement or adjustments of the video cameras or sound shall be made unless authorized by the court.

1808. The circuit court shall have priority use of video units, not withstanding any arrangements made with private entities.

Oconto County Circuit Court Rules