State Bar of Wisconsin

Richland County
(Seventh Judicial District)

• Bail Conditions Regarding Arrests Under Sec. 968.075, Wis Stats.
• Authorization for First Class Mail Service in Small Claims Actions Pursuant to Sec. 799.12(2), Wis Stats.
• Bail Conditions Regarding Arrests Under Sec. 968.075, Wis Stats.(Amended)
• Requiring Attendance Of An Educational Program On The Effects Of Divorce On Children
• Local Court Rule No. 2 Re: Fax Filings
• Local Court Rule No. 3 Re: Small Claims Service

Posted to WisBar: November 4, 1997

In the Matter of Promulgation of Local Court Rules: Bail Conditions Regarding Arrests Under Sec. 968.075, Wis Stats.

The court has evaluated sec. 968.075, Stats., and determined that it is appropriate to issue a local rule as follows, pursuant to sec. 753.35(l):

When a person is arrested for a "domestic abuse" offense (as defined in sec. 968.075(l)(a), Stats.) and released upon a cash bail prior to appearing in court for a bail hearing, that person shall have no contact in any way with the alleged victim(s) of the "domestic abuse." No contact means no personal contact, no telephone contact, no written contact, no contact with the victim's residence, no contact with the victim's place of employment, no contact with the victim through third parties, i.e. no contact whatsoever.

It is the duty of the arresting officer to notify the jailer(s) who the alleged victim(s) are by name, so that the jailer(s) may carry out the following:

It shall be the responsibility of the jailer who releases the arrested individual on a cash bond to notify the arrested individual of the no contact provision. The jailer shall expressly tell the arrested individual who (by name) they are not to have contact with. This notice shall also be given in writing.

This order shall be effective immediately on the date signed.

Dated this 21st day of October, 1997.

Posted to WisBar: December 18, 1997

In Re the Promulgation of Local Court Rules.

Authorization for First Class Mail Service in Small Claims Actions Pursuant to Sec. 799.12(2), Wis Stats.

Local Court Rule 97-2

Pursuant to section 753.35(1) and 799.12(2), Wisconsin Statutes, the court, subject to the approval of the chief judge of this judicial administrative district, hereby adopts the following local court rule, to be effective immediately upon filing following approval by the chief judge:

Service of summons in all actions under chapter 799, Wisconsin Statutes, for which first class mail service is permissible by law upon local court rule, are hereby authorized to be commenced by such service as provided in section 799.12(3), except for eviction actions and actions seeking replevin of personal property, which excepted actions must be commenced as otherwise provided by law.

Dated this 24th day of October, 1997.

Posted to WisBar: March 17, 1998

AMENDED RULE

IN THE MATTER OF PROMULGATION OF LOCAL COURT RULES:

BAIL CONDITIONS REGARDING ARRESTS UNDER SEC. 968.075, STATS.

The Court has evaluated Sec. 968.075, Stats. and detennined that it is appropriate to issue a local rule as follows pursuant to sec. 753.35(1):

When a person is arrested for a "domestic abuse" offense (as defined in sec. 968.075(1)(a), Stats.) and released upon a cash bail prior to appearing in court for a bail hearing, that person shall have no contact in any way with the alleged victim(s) of the "domestic abuse". No contact means no personal contact, no telephone contact, no written contact, no contact with the victim's residence, no contact with the victim's place of employment, no contact with the victim through third parties, i.e. no contact whatsoever.

It is the duty of the arresting officer to notify the jailer(s) who the alleged victim(s) are by name, so that the jailer(s) may carry out the following:

It shall be the responsibility of the jailer who releases the arrested individual on a cash bond to notify the arrested individual of the no contact provision. The jailer shall expressly tell the arrested individual who (by name) they are not to have contact with. This notice shall also be given in writing.

Victims may waive this "no contact" provision in writing. If a victim signs a waiver of the 72 hour statutory "no contact" provision that constitutes a waiver of this protection as well.

This order shall be effective Immediately on the date signed. Dated this 21st day of January, 1998.

Posted to WisBar: March 17, 1998

IN RE THE PROMULGATION OF LOCAL COURT RULES

REQUIRING ATTENDANCE OF AN EDUCATIONAL PROGRAM ON THE EFFECTS OF DIVORCE ON CHILDREN

Local Court Rule 98-1

Pursuant to sections 753.35 and 767.115, Wisconsin Statutes, the court, subject to the approval of the chief judge of this judicial administrative district, hereby adopts the following local court rule, to be effective immediately upon filing following approval by the chief judge:

1. In all actions affecting the family involving a minor child filed on or after January 1, 1998, the parties, unless exempted by an order of the court in the particular action, shall attend an educational program on the effects of divorce on children approved by the court. Certification from the program provider of attendance by each party of at least four (4) hours at such an approved program shall be filed with the court before a final judgment or order will be granted in the action. Failure to comply with the attendance requirement may result in punishment for contempt of court.

2. In all actions affecting the family involving a minor child pending on December 31, 1997, the parties, unless exempted by an order of the court in the particular action, shall attend an educational program on the effects of divorce on children approved by the court. Certification from the program provider of attendance by each party of at least four (4) hours at such an approved program shall be filed with the court within six (6) months of the granting of a final judgment or order in the action. Failure to comply with the attendance requirement may result in punishment for contempt of court.

3. "Actions affecting the family" under this rule include original actions as well as post-judgment motions to modify terms of a judgment concerning a minor child.

4. Parties shall be responsible for the cost of attendance at the program; provided, however, that in actions in which the filing fee has been waived by the court upon a finding of indigence, such cost shall not be required of such indigent party, but shall be paid to the program provider by another source arranged by the court.

Dated this 29th day of January, 1998.

Posted to WisBar: December 19, 2007

Local Court Rule No. 2 Re: Fax Filings

1. Pleadings and other papers that so not require a filing fee may be filed with the court by facsimile transmission.  Such filings shall be transmitted to the Clerk of Circuit Court at the following fax number: 608-647-3911.

2. Facsimile filings transmitted to any other fax number will not be filled.

4. Facsimile fillings shall be limited to 15 pages, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis. If a facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the exception to the page limit.

4. A cover page shall be added to all facsimile filings and shall include: the name of the sending party or attorney; the number of pages; the case number and caption; and the date and time of the proceeding for which the document is intended.

5. Facsimile papers are considered filed upon Clerk of Court affixing a file date stamp to the document.

6. The faxed, file date s tamped document is the official record of the court and may not be substituted.

7. Facsimile transmissions completed after the regular business hours of the Clerk of Circuit Courts Office are considered filed the next business day.

8. No additional copies may be sent.  The Clerk of Court shall discard any duplicate documents subsequently received by the clerk’s office, assigned judge or court commissioner.

Dated this 9th day of December, 2007.

Posted to WisBar: December 19, 2007

Local Court Rule No. 3 Re: Small Claims Service

Mail service of small claims pleadings have long been accepted and approved procedure in Richland County, Wisconsin.  This rule affirms the procedures as provided by small claims statutory authority and specifically allow service by mail pursuant to sec. 799.12(2) and (3), Wis. Stats.

Dated this 10th day of September, 2007.