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Taylor County
Circuit Court Rules
(Ninth Judicial District)


Rule A: A Philosophical Rule

Effective date: November 1, 1991, originally promulgated 9/14/87 in different format.

What should be the role of attorneys:

  1. Discourage litigation. Persuade your neighbors to compromise whenever you can.
  2. Point out to them how the nominal winner is often a real loser--in fees, expenses, and waste of time.
  3. As a peacemaker, the lawyer has a superior opportunity of being a good [person]. There will be business enough.

--Abraham Lincoln

What should not be the role of attorneys:

  1. To gum up the works.
  2. To get people mad at each other.
  3. To make business procedures much more expensive than they need to be.
  4. To now and then deep-six what had seemed a perfectly workable arrangement.

--Mark H. McCormack
The Terrible Truth About Lawyers, 1987

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Adjournments of Scheduled Proceedings

101 Effective date: November 1. 1991, originally promulgated 5/30/80 in different format.

102 When the court has scheduled a matter, that matter shall not be adjourned except under the provisions of this rule.

103 The court may reschedule matters without prior notice to the parties only when exigent circumstances require.

104 Attorneys or parties pro se may request adjournment or rescheduling of matters as follows:

a. By formal motion for good cause.
b. If the original date was scheduled by the court without prior consultation with counsel, an attorney or a party pro se may request the setting of a new date as follows:
  1. Requests must be made in writing within five days of the receipt of the notice, with copies to all other parties;
  2. The request must contain a statement setting forth the reason for the request;
  3. If the reason for the request is a conflict with other court matters, the caption of the conflicting case, the date on which the conflicting case was scheduled, and the name of the presiding judge of the conflicting case.
c. If the attorneys and parties stipulate to an adjournment, the court will consider the request on a case-by-case basis.

105 Failure to appear at scheduled court proceedings shall subject the parties and counsel to all sanctions allowed by law, including but not limited to costs, dismissal, the granting of relief requested, default judgment, and other sanctions.

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Media Notification Rule

201 Effective date: November 1, 1991, originally promulgated 3/13/80 in different format.

202 Any party requesting that a judicial proceeding be closed to the news media shall:

a. File a motion with the court for such an order;
b. Give notice to all other parties of the motion; and,
c. Notify the District 9 media coordinator at least 72 hours prior
to the time set to hear the motion so that legal counsel may appear
on behalf of the news media.

203 The burden is on the moving party to show good cause why the matter should be closed.

204 This rule does not apply to judicial proceedings that are closed to the public by statute, such as proceedings in chapter 48 (juvenile), chapter 51 (mental), chapter 880 (guardianship), and others.

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Motion and Briefing Practice

301 Effective date: November 1, 1991, originally promulgated 6/10/80 in different format.

302 All pretrial motions shall be made in writing with proper notice to all parties. The moving party shall file the original motion, affidavits, and brief with the Clerk of Circuit Court. The moving party shall mail a copy of the motion and brief to the Circuit Judge presiding over the matter so that the Circuit Judge has notice that the motion was filed.

303 All pretrial motions shall contain the following:

a. The date, time, and place for the hearing on the motion. The moving party shall obtain a date and time for each motion from the office of the circuit judge.
b. The rule, statute, or constitutional provision forming the basis for the motion.
c. The factual basis--stated with particularity--for the motion. The motion must contain a statement of the facts underlying the motion. In criminal matters, the mere assertion that a defendant's rights were or were not violated is insufficient. In civil motions (including motions for summary judgment), all affidavits necessary for consideration of the motion must be filed with the motion.
d. A supporting brief on the law regarding the motion. The court may consider the moving party's failure to file a supporting brief as a waiver.

304 Parties opposing a motion may file a brief in opposition to the motion, along with affidavits in opposition, within fourteen (14) days of receipt of the motion. The moving party may file a reply brief within ten (10) days of receipt of the brief in opposition.

305 Pretrial motions that do not comply with Rule 303 may be denied by the court.

306 The court may schedule a hearing or oral decision date on any motion. In civil matters, all motions (including motions for summary judgment), all affidavits or evidence the parties wish the court to consider must be filed at least 72 hours before the hearing date to give the court the opportunity to review them. Affidavits or evidence submitted after that time will not be considered except upon a showing of good cause.

307 The successful party on a motion shall prepare a written Order for the court's signature for filing.

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Rule No. 4: Small Claims Procedures

401 Effective date: February 20, 2006, originally promulgated 4/11/80 in different format
(typographical error corrected 1/25/96), revised November 1, 1991, revised in September 2008.

402 All small claims initial return dates shall be set by the Clerk of Circuit Court for the first and third Thursday of each month at 9:00 a.m. on days that the courthouse is open for business.

403 Service of summons in all small claims actions shall be:

  1. For Taylor County defendants (except replevin and eviction): by regular mail.
  2. For Out-of-County defendants (except replevin and eviction): by certified/return receipt mail or personal/substituted service
  3. For all Replevin actions: by certified mail/return receipt or personal service.
  4. For all Eviction actions: by personal service.
  5. Service of contempt proceedings authorized by Wis. Stat. § 799.26(2) shall be by personal service and served upon the defendant at least 72 hours prior to the hearing time.
  6. If a party is required or elects to use personal service of a small claims complaint, amended complaint, or Notice and Motion for Contempt,  proof of service shall be filed with the court prior to or at the return date or contempt hearing date.

Whenever attempted service by mail is returned by the U.S. Postal Service, whether or not service has been accomplished shall be determined as follows:

(1) "Refused": Shall constitute a presumption of service upon the defendant since it indicates that he/she was presented with the envelope but refused to accept it under circumstances indicating that he/she had reason to know that it involved legal proceedings against him/her.

(2) "Unclaimed": shall not constitute service since there is no presumption that the defendant has reason to know that legal proceedings involving him/her have been commenced. In such cases, the Clerk shall advise the plaintiff of the failure of service and direct plaintiff to obtain personal service or service by publication within 30 days of the date of the notice or have the action dismissed for failure of service.

404 Plaintiff’s Appearance on Return Date

The plaintiff shall appear on the return date to confer with the defendant about settlement.  If the defendant appears and settlement is not reached, then the matter shall be set for trial at the return date.  If the defendant fails to appear at the return date, then the plaintiff shall file the necessary paperwork to complete the case.  Within 30 days of the return date, the plaintiff shall file the necessary paperwork if a settlement is reached, or if the defendant does not appear.  Should plaintiff fail to do so, the case will be dismissed.

405  Defendant’s Appearance on Return Date

The defendant shall appear on the return date to confer with the plaintiff about settlement.  If the plaintiff and defendant appear, and no settlement is reached, the parties will appear before the court commissioner, who shall inquire of the defendant the nature of his/her defense.  The court commissioner may grant a judgment on the pleadings if it appears that either party is entitled to judgment based upon the pleadings, and if the pleadings cannot be amended to state a proper claim for relief or a defense as appropriate.  The court commissioner may in his/her discretion, require the defendant to file a written answer within a specified time, specifically setting forth his/her defense.  If the matter is not settled or otherwise disposed of at the initial return date appearance, then the matter shall be scheduled for the next available trial date on the first Monday of each month.  The Clerk of Court will provide the court hearing notice along with the small claims brochure to the litigants either in person or by regular mail.

If the matter is not settled at the initial return date appearance, then the matter shall be scheduled for the next available trial date (the first Monday of each month) on the small claims trial calendar.  The Clerk of Court shall provide the court hearing notice along with the small claims trial brochure to the litigants either in person or by regular mail.

406 Defendant’s answer

The defendant may not file a written answer in lieu of a personal appearance at the initial return date.  If an attorney appears on behalf of a party, the attorney shall have settlement authority and a working knowledge of the settlement, the nature and issues in dispute, the number of witnesses and time needed for trial.

Failure to file an answer by a defendant within the time ordered by the court commissioner shall be deemed a default and judgment may be entered in favor of the plaintiff, at the court commissioner’s discretion.

407 Trial

At the trial, the parties shall be prepared to proceed, and shall have their exhibits (documents and other papers) and witnesses ready and available in the courtroom.  Any party who is given relief or prevails at the trial shall conclude the appropriate paperwork within 30 days of the trial, or the case will be dismissed.

408 Eviction, Garnishment, Replevin

If the matter involves an eviction, garnishment, or replevin, the commissioner shall request that the judge expedite the matter on the court calendar, at which time the judge shall place the matter on the calendar at the next available date.

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Rule No. 5: Pretrial and Scheduling Conferences

501 Effective date: November 1, 1991, originally promulgated 6/10/80 in different format and with different provisions.

502 Except as to traffic matters under chapters 341-346, small claims matters under ch. 799, and divorces filed under Sec. 767.02, the clerk of court shall, upon filing of a civil action:

  1. Complete a pretrial scheduling order by inserting a date and time for a pretrial conference in an standard order.
  2. Affixing the completed pretrial scheduling order and pretrial data sheet to all authenticated copies of the pleadings to be served on the defendants.
  3. Transmitting a copy of the completed pretrial scheduling order and pretrial data sheet to the plaintiff.

503 Counsel for the parties shall comply with the pretrial scheduling order and any other subsubsequent scheduling orders of the court.

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Rule No. 6: Traffic Citation and Ordinance Procedures

601 Effective date: November 1, 1991, originally promulgated 10/5/90 in different format and with different provisions.

602 The following rules apply to all persons issued citations for traffic matters or violations of state, county, or municipal ordinance violations:

603 Criminal Traffic Violations
a. Any person arrested on a criminal traffic violation shall be required to post:

  1. Cash bond as established in the then-current Uniform State Traffic Deposit Schedule.
  2. Guaranteed arrest bond certificate under section 345.61, Wisconsin Statutes, such as an AAA card.

b. The officer may release a person who signs a signature bond for twice the amount in the Uniform Misdemeanor Bail Schedule if the officer is satisfied the defendant will appear in court at the appearance date.

604 Non-Criminal Traffic Violations
a. Unless the Wisconsin statutes provide otherwise, any person arrested on a non-criminal traffic violation shall be released when the person:

  1. Makes a deposit in the amount specified in the then-current Uniform State Traffic Deposit Schedule. At the discretion of the officer the deposit may be in the form of:
    Cash; or,
    Credit card (Mastercard, VISA, etc.) if the agency is otherwise authorized to accept credit card.
  2. Posts a guaranteed arrest bond certificate under section 345.61, Wisconsin Statutes, such as an AAA card.
  3. Posts a valid Wisconsin driver's license.

b. Any person unable to post such a bond may be released after signing a signature bond for $150.

c. The officer may release the person without any bond if the officer is satisfied the defendant will appear for court without a bond.

d. Any officer issuing a citation shall inform the defendant that failure to appear or otherwise resolve the citation on the Initial Appearance date will result in a default judgment and any failure to pay the default judgment within 20 days will result in a five-year suspension of Wisconsin operating privileges.

605 Non-Traffic Ordinance (Non-Criminal) Violations
a. Unless the Wisconsin statutes provide otherwise, any person issued a citation for a non-traffic ordinance violation shall be given a court appearance date and released after posting:

  1. Cash a bond for the amount of the standard forfeiture from the Taylor County Uniform Ordinance deposit schedule, or,
  2. Signature bond for twice the amount of the standard forfeiture from the Taylor County Uniform Ordinance deposit schedule.

b. If the violation is one for which no standard forfeiture has been established, the bond shall be:

  1. Cash: $150.00, or,
  2. Signature: $300.00

c. If the defendant is unable to post a cash bond and the officer has reason to believe that the defendant will not appear for court as ordered, the officer shall immediately bring the defendant before the court for setting a bond.

606 If a person has been arrested without a warrant and is not released, within 48 hours of the arrest the arresting officer or agency shall:

a. Submit a probable cause affidavit and judicial determination form to a court commissioner or circuit judge for review and decision.

b. Take the person before a court commissioner or judge for a probable cause determination.

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Rule No. 7: Felony Arraignment Procedures

701 Effective date: November 1, 1991, originally promulgated 8/l/81 in different format and with different provisions.

702 In all felony criminal matters, arraignment shall occur immediately at the conclusion of the preliminary hearing in which there has been a bindover. The district attorney and the defense shall be prepared to proceed at that time.

703 In the event there is a bindover on charges other than those found in the original complaint, the court shall set arraignment for the next available criminal appearance date.

704 The district attorney or defense attorney may, for good cause, request arraignment at a date later than the date or dates established by this rule.

705 The court may issue a pretrial order at the time of arraignment concerning motion and discovery practice, pretrial and status conferences, and trial date.

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