State Bar of Wisconsin

Sheboygan County
Circuit Court Rules
(Fourth Judicial District)

Rule 1 - Publication and Revisions
of Circuit Court Rules

100 Effective date: January 1, 1989. Amendment to #101 October 6, 1998. Revision to #101 December 5, 2006.

101 Court rules, prior to adoption or revision, shall be presented for approval at one (1) meet¬ing of the Sheboygan County Circuit Judges. Rule 102 may be sus¬pended for good cause upon the order of a majority of Sheboygan County Circuit Judges.

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

103 Notice of proposed rules as described in Rule 101 and 102 shall constitute sufficient public notice.

104 Rules shall be adopted by written order of a majority of Sheboygan County Circuit Judges, subject to approval of the Chief Judge.

105 Orders adopting rules shall specify an effective date.

106 Once adopted, court rules shall be filed with the Clerk of Circuit Courts, and the Clerk of Circuit Courts shall provide copies to the president and secretary of the Sheboygan County Bar Association, Director of State Courts and the Chief Judge.

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Rule 2 - General Provisions

200 Effective date: January 1, 1989. Amendment to #203 September 15, 1994, Addition of #207 January 15, 1998, Addition of #208 October 17, 2002, Addition of #209 May 9, 2006.

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 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.

The Clerk of Circuit Courts shall receive all filings of pleadings regardless of the assigned judge. All pleadings should be addressed to the Clerk of Circuit Courts for filing. The Clerk of Circuit Courts may opt to forward copies of documents to the assigned judge if he/she is located outside the county.

The Clerk of Circuit Courts and the Register in Probate shall refuse to accept for filing any document not in compliance with this rule and the appropriate state statutes.

203 Indigency Determinations. In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a "Petition of Waiver of Fees/Costs and Affidavit of Indigency" must be completed. [Appendix A]

The court shall order a waiver of costs and fees if the affidavit demonstrates any of the following:

204 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 10 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. Notification of signing will be made upon a form or postcard to be included by submitting counsel.

205 There is hereby delegated to the Clerk of Circuit Courts and the Deputy Clerks of Courts the following ministerial and clerical duties: calendaring traffic regulation/crime, small claims, ordinance and divorce cases for trial; and, to administer oaths to witnesses, jurors and bailiffs.

206 The nonrefundable jury fee is payable at or before the scheduling conference.

207 Attorneys requesting leave of the court to withdraw from representation of a party in a case pending in the circuit court shall present to the court a petition to allow counsel to withdraw provided no objection is made within ten (10) days of the court's receipt of the request. An order granting the request shall accompany the petition.

A copy of the petition shall be sent by counsel to the last known address of the party represented by petitioning counsel and to all other parties/counsel of record.

If any objection is received within the ten (10) day period after receipt by the court, a hearing shall be held before the court to determine whether the petition shall be granted. If no objection is received, the court may grant the request for counsel to withdraw.

In all cases in which counsel has been appointed by the State Public Defender to represent a client, no request to withdraw as counsel shall be filed until 60 days after a party fails to appear for a scheduled hearing unless good cause is shown to the court.

208 Attorneys are required to have their calendars with them in court so that dates can be set in the courtroom when possible. In the event that an attorney does not have his or her calendar in court, a date will be set in accordance with the judge's calendar.

209 Any attorney who has been appointed by the Court as indigent counsel or Guardian ad Litem, that wishes to receive payment from Sheboygan County for services rendered, must submit an invoice for payment within 90 days of the disposition of the case or withdrawal of the attorney or forfeit the right to receive payment from the County.

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Rule 3 - Case Procedure Guidelines

300 Effective date: January 1, 1989.

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

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. [Appendix B-Scheduling Conference Order]

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.

Traffic/Ordinance (from initial appearance) - 4 months

Personal Injury/Property Damage - 9 months

Contract/Money Judgment/Other Civil - 6 months

Divorce - 6 months

Probate - 12 months

Small Claims - 3 months

Child Support - 6 months

Paternity - 6 months (contested)

Paternity - 3 months (uncontested)

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

305 In all Probate matters delay in disposition of an estate will result in the appointment of a new personal representative and/or attorney for the estate and not in the issuance of a notice and order of dismissal.

306 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 certified copy of the Discharge in Bankruptcy is presented to the presiding judge before the expiration of the one year period.

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

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Rule 4 - Rules of Decorum

400 Effective date: January 1, 1989.

401 Court shall be formally opened each day in which court business is transacted either by the Bailiff or the Clerk of Circuit Courts.

402 As the judge enters the courtroom, the Bailiff or Clerk of Circuit Courts shall require all present to rise and stand. When the judge has reached the bench the Bailiff or the Clerk of Circuit Courts shall say "Hear ye! Hear ye! The Circuit Court for the County of Sheboygan is now open. Silence is commanded." All shall be seated and the business of the court shall proceed.

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

404 When the trial is to a jury, the jurors shall take their places in the jury box before the judge enters the room unless circumstances indicate otherwise.

405 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.

406 Lawyers shall never lean upon the bench or appear to engage the court in a manner which would lessen the dignity of the proceedings in the eyes of the jury and public.

407 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.

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

409 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.

410 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.

411 Lawyers and court officers shall, while in attendance upon the court, be attired in such a manner as not to lessen the dignity of the court or of proceedings in the eyes of the jury and public.

412 Lawyers shall advise their clients and witnesses of the formalities of the court, and seek their full cooperation therewith. It is expected that lawyers will guide clients and witnesses as to appropriate attire.

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

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

415 During jury trials, objections to questions or evidence shall be made solely by stating: "objection" and the succinct legal ground therefore [i.e., 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.

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

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Rule 5 - Adjournments

501 Effective date: January 1, 1989

502 Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing. The time limits may be waived for good cause.

503 Ex parte requests for adjournments are prohibited by SCR §20:3.5, "Code of Professional Conduct for Attorneys."

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

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

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

507 If necessary, scheduling conflicts will be resolved in favor of the first scheduled hearing, unless, for good cause, the presiding judges agree otherwise.

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

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

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Rule 6 - Civil Practice

600 Effective date: January 1, 1989. Amendment to #602 November 18, 1993, Relocation of #607 to #208 October 17, 2002.

601 All civil cases will be reviewed for service and answer 80 days after filing. If at that time it is found that a case has not reached issue, a dismissal order or default proceeding shall be initiated by the court.

602 A party may, within eight months of filing of a summons and complaint or within the time set in the court's scheduling order, move for summary judgment on any claim asserted by or against the party. Unless otherwise specified in the scheduling order, the motion along with a brief and other supporting documents shall be served and filed at least 20 days before the time fixed for the hearing, and the adverse party shall serve and file opposing affidavits, brief, and other supporting documents at least five days before the time fixed for hearing.

In the event the moving party does not wish to file a brief or other documents, a statement waiving this right shall be filed with the motion. If the respondent fails to file a brief or other supporting documents at least five days prior to the hearing, it shall be deemed waiver of this right and the court shall accept no further supporting written materials. The court's decision shall be based upon the record as timely filed.

603 If the movant desires to file a brief in support of a motion other than one for summary judgment, the brief shall be served and filed with the Clerk of Circuit 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 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.

604 Except as to mortgage 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.

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. The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.

Hearing requests shall be heard by the court as soon as practicable. Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, by an affidavit of the aforesaid notice to defendant.

In actions where damages are not liquidated, a hearing shall be conducted to determine the amount of the judgment. The court may order a hearing to determine the amount of the judgment in any case.

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

605 No default mortgage 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.

606 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.

607 Moved to 208

(Attorneys are required to have their calendars with them in court so that dates can be set in the courtroom when possible. In the event that an attorney does not have his or her calendar in court, a date will be set in accordance with the judge's calendar.)

608 The Clerk of Circuit Courts and the Deputy Clerks of Circuit Courts shall not sign "Prerogative Writs."

609 All judgments discharged in bankruptcy shall be removed from the docket only upon a petition, accompanied by a certified copy of the Discharge in Bankruptcy, and an order signed by the judge who granted the judgment. Intake Judge signs this and $5.00 per listed judgment is assessed.

Effective date: October 17, 2002

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Rule 7 - Criminal Law and Traffic Practice

700 Effective date:  January 1, 1989.  Amendment to #704 December 3, 1996.  Delete #715 December 3, 1996.  Addition of #717 January 15, 1998.  Addition of #718 March 19, 1998.  Amended #701 and #710 August 15, 2006.  Addition of #719 November 7, 2007

701 Motions for discovery in felony and misdemeanor cases shall be filed by the 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 filing.

702 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.

703 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.

704 Whenever it is brought to the attention of the clerk of court that 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, he or she shall transfer all cases, upon the approval of all judges involved, to the court assigned the lowest numbered case unless otherwise ordered.

705 In felony, misdemeanor, traffic crime and all forfeiture actions the prosecuting authority shall conduct pre-trial conferences for the purpose of reaching a plea agreement with the defendant and defendant's attorney, if any. Said pre-trial conferences shall be conducted after the defendant has been provided mandated discovery material.

706 The assigned judge will not participate in the plea discussions during pre-trial conferences. The judge will be available to assign motion and/or trial dates, if necessary.

707 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).

708 The defendant shall be present at all felony pre-trial conferences. For all other pre-trial conferences the defense attorney shall have a written waiver of appearance and authorization to enter into a binding plea agreement.

709 Except in felony cases, the plea agreement may be reduced to a written stipulation at the conclusion of the conference and filed with the assigned judge, along with a completed "Plea Questionnaire" and "Notice of Appeal Rights."

710 The results of all pre-trial conferences shall be reported to the assigned judge.

711 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. 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.

712 All pleas must be of record on or before the scheduled trial dates. Plea hearings will not be conducted after the scheduled trial date, except for good cause.

713 No court will proceed to a plea hearing until a completed "Plea Questionnaire" has been filed.

714 The Bureau of Community Corrections shall file an original and two copies of the pre-sentence investigation with the presiding judge who shall forward a copy to the District Attorney and defense counsel, if any. Attorneys are prohibited from making photocopies of such reports, allowing any individual to remove the report from their presence and shall file their report with the presiding judge immediately upon conclusion of the sentencing hearing.

715 Deleted

716 Occupational licenses, under §343.10, Stats., shall only be issued to permit the licensee to travel to and from his place of employment and to attend church. Occupational licenses shall not be issued to permit a licensee to attend to personal business or fulfill parenting duties, etc.

717 A defendant in a criminal action must appear at the initial appearance, unless the defendant is charged with a misdemeanor and appears by an attorney with a written authorization pursuant to §971.04(2).

718 In all traffic forfeitures and ordinance violations, the defendant must appear in person or by counsel for arraignment or enter a plea of not guilty based on the citation served upon him or her by letter to the Clerk of Circuit Courts at the Sheboygan County Courthouse. The letter must show the defendant's return address.

The Clerk of Circuit Court shall accept no pleas of not guilty by telephone.

719 If a defendant in a criminal case substitutes the assigned judge, other than for cause, the initial appearance shall be held before the originally assigned judge or a circuit court commissioner before the substitution will take effect.

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