State Bar of Wisconsin

Get to know your local rules

Law students learn soon enough that there is no one source for “the law,” and so they must become familiar with constitutions, common law, statutes, ordinances, regulations and, in Wisconsin, Supreme Court Rules.

In practice, however, Wisconsin attorneys also should be familiar with the applicable Wisconsin Circuit Court Rules, known as “Local Rules.”  

“Local Rules,” which are found in 66 of Wisconsin’s 72 counties, cover topics as diverse as how cases are assigned, proper courtroom decorum, scheduling and how court commissioners should be appointed.

Local Rules in Milwaukee County, for example, mean a family attorney must be sure to obtain an “original State of Wisconsin ‘Original Certificate of Divorce or Annulment’ form” from a deputy clerk, complete it and present it to the deputy clerk before the final hearing in a case. Other rules limit the number of interrogatories served by a party in one case to 35, and require any brief citing an authority other than the state’s statutes, Supreme Court or Court of Appeals to have a copy of the authority appended to it.

Meanwhile, lawyers practicing in Iowa County are warned by Local Rules never to “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.” And in Brown County, lawyers must explain court formalities to their clients and witnesses, and “guide” them “as to appropriate attire.”

The six Wisconsin counties which do not have Local Rules are Columbia, Door, Florence, Green Lake, Langlade and Price. The Wisconsin State Bar offers a county-by-county list of Local Rules.