State Bar of Wisconsin

Vol. 75, No. 12, December 2002

Speak Up on Mandatory Forms

by James L. Fullin & Christine R.H. Olsen

Since the Wisconsin Supreme Court filed Order 98-01 on Oct. 5, 1999, requiring the use of standard court forms in circuit court, mandatory forms have become a necessary tool for practicing law in Wisconsin. The Record Management Committee (RMC), an advisory committee to the Director of State Courts Office, develops and distributes the mandated forms. Forms are distributed to the public through the Wisconsin Supreme Court Web site at www.courts.state.wi.us/circuit/search_forms.html and the State Bar Web site at www.wisbar.org/forms; and to the courts through the clerks of court, juvenile clerks, and registers in probate. The supreme court site lists the forms in both a pdf and a Word format and contains a search function.

State Bar Representatives to the RMC. The RMC seeks participation from State Bar members. Attorneys Jim Fullin (fullinj@mail.opd.state.wi.us) and Christine Olsen (olsenlaw@aol.com) are State Bar representatives to the RMC and are active on the Forms Subcommittee. The RMC seeks assistance from State Bar sections and individual members in revising or creating forms. Sections have participated in subcommittees to redraft forms or have attended a Forms Committee meeting to give input on creating or modifying forms. Individual attorneys have communicated directly with the RMC seeking modifications or the creation of forms as well.

Review Process for Specific Forms. SCR 70.153(4) provides a review process for concerns about specific, released forms. Interested persons may file a written objection to the RMC, objecting to either the "mandatory use of the form, to the content of the form or to both the use and content." The RMC must respond in writing within 90 days. Within 30 days from the RMC response, the objector may then "file with the clerk of the supreme court a petition for review of the decision of the records management committee." The supreme court may then seek a response from the RMC and will make a determination.

Biannual Distribution of Forms. In the past, the distribution of forms has not followed a specific schedule, and attorneys have expressed frustration with trying to comply with the rule when the forms change without notice. To address this concern, the RMC will make an effort to release forms on a biannual basis unless there is a specific change in the law requiring a revision or new form. Additionally, the Wisconsin Lawyer will regularly list the release of new or revised forms.

Recently, most of the probate and juvenile forms were reviewed and revised to meet current statutory requirements. Many of those forms had not been revised in more than 10 years. In January, new forms complying with the new Truth-in-Sentencing laws will be released. Attorneys who practice in these areas should visit the Web site addresses above to make certain they are using the latest forms.

A complete list of forms released by the RMC in 2002 through its October 2002 meeting accompanies this column.

New and Revised Standard Court Forms

Forms released in 2002 through the Record Management Committee's October 2002 meeting.

New (N) / Revised (R) / Withdrawn (W)

Civil Forms

Criminal Forms

Guardianship Forms

Juvenile Forms

General Forms

Chapter 51 Forms

Probate Forms

Small Claims Forms

Truth-in-Sentencing Forms

Wisconsin Lawyer