Adams County Circuit Court
Rules
(Sixth Judicial District)
Effective March 1, 2005
Rule 1 - Adoption, Amendment and
Publication of Adams County Court Rules.
1.01 Effective March 1, 2005, these rules have been
adopted by the Adams County Circuit Judge and supercede all previously
adopted Adams County Circuit Court Rules.
1.02 Court rules and amendments thereto shall be
adopted by written order of the Adams County Circuit Judge, subject to
the approval of the Chief Judge of the Sixth Judicial District.
1.03 All rules and amendments thereto shall specify
an effective date.
1.04 Except for a rule adopted or amended as an
emergency rule pursuant to §753.35, Wisconsin Statutes, proposed
rules shall be posted for public view in the Adams County Courthouse by
the Clerk of Circuit Court and copies shall be forwarded to the
president and secretary of the Adams County Bar Association at least 30
days prior to formal adoption. Any person wishing to comment upon any
proposed rule or amendment shall submit those comments to the Adams
County Circuit Judge in writing before the expiration of the 30
days.
1.05 Once adopted, all rules or amendments shall be
filed with the Adams County Clerk of Circuit Court. The Clerk of Circuit
Court shall then post them in a conspicuous place in the Adams County
Courthouse for no less than 30 days, provide copies of the adopted rules
to those persons, offices or organizations listed in §753.35,
Wisconsin Statutes, and print and make available, at cost, all rules
adopted or amended.
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Rule 2 - Rules of Decorum
2.01 Whenever a jury is present court shall be
formally opened each day either by the bailiff, court security officer
or clerk of court.
2.02 Lawyers shall never engage the court in a
manner that would lessen the dignity of the proceedings in the eyes of
the jury or public.
2.03 Witnesses shall be examined with courtesy and
respect.
2.04 Witnesses shall be examined either from a
position at or behind counsel table or from a lectern when one is
provided except when displaying an exhibit to a witness. In no case
shall the witness be crowded during examination. This rule shall not
preclude the court from setting additional or different requirements as
necessitated by a particular case.
2.05 The administration of an oath or affirmation of
witnesses shall be an impressive ceremony and not a mere formality.
2.06 When addressing the jury, a lawyer or party
shall not crowd the jury box.
2.07 During court proceedings no lawyer or party
shall exhibit familiarity with witnesses, jurors or opposing counsel and
the use of first names shall generally be avoided.
2.08 All 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 proceedings in the eyes of the jury or public, except
that where circumstances require it, the presiding judge, in his or her
discretion, may approve exceptions to this rule.
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Rule 3 - General and Procedural Rules
3.01 Court Commissioner Proceedings. All proceedings
before an Adams County court commissioner shall be considered
proceedings before the circuit court and subject to these rules.
3.02 Telephone Testimony. In matters where telephone
testimony is being presented, the party calling the witness is
responsible to place the call or to have the witness call in to the
court at the scheduled time. The party calling the witness shall be
responsible for all costs of the call unless otherwise ordered by the
court.
3.03 Motion Practice.
a. Any party filing a motion shall be responsible for securing a
hearing date from the office of the judge or court commissioner assigned
to hear the case.
b. No party shall schedule a motion at the time of a previously
scheduled motion in a matter without first contacting and obtaining
leave of the court.
3.04 Voir Dire Examination. Unless otherwise
authorized by the court, the lawyer or party conducting the voir dire
examination shall: (a) insofar as practical, use collective questions
addressed to the panel as a whole; (b) use individual inquiry only where
necessary; (c) avoid repetition; and (d) seek only information material
and necessary to jury selection.
3.05 Exhibits. Each party using an exhibit shall
have sufficient copies available for the witness, court and opposing
counsel, party or parties.
3.06 Continuances. Continuances may be granted only
in the discretion of the court. Consent or stipulation of counsel or the
parties will not be recognized as binding upon the court.
3.07 Consolidation of Civil and Small Claims
Cases
All cases arising out of the same transaction or the same act or acts
of negligence may, upon motion of any party, or upon order of the Court
on its own motion, be consolidated for purposes of trial.
To effect consolidation, any motion or stipulation to consolidate and
all supporting documents shall be captioned with the case names and
numbers of all cases sought to be consolidated. Service and filing shall
be affected in all of the cases sought to be consolidated. The motion
shall be directed to the judge assigned to preside over the lowest
numbered case. If consolidation is granted, the case or cases shall be
assigned to the judge to whom the lowest numbered case is assigned.
3.08 Remedial Contempt Proceedings.
a. Personal service of process shall be required on all parties being
brought before the court for remedial contempt proceedings.
b. Written orders shall be submitted to the court for signature and
filing after any contempt hearing in which a finding of contempt is
made. The order shall set forth the contempt findings made, the
sanctions imposed and the purge conditions set by the court.
c. Any request for the imposition of sanctions due to noncompliance
with purge conditions subsequent to a contempt finding shall be made in
the form of a petition or motion to the court setting forth the basis
upon which the request for the imposition of sanctions is made.
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Rule 4 - Closure of Proceedings.
4.01 All Adams County Circuit Court judicial
proceedings shall be open to the public unless prohibited by statute or
otherwise ordered by the court.
4.02 Any party or attorney moving to close any
judicial proceeding that would otherwise be an open proceeding must
notify the court and the Adams County media coordinator in writing at
least 72 hours before the time of the scheduled hearing. The purpose of
this rule is to permit legal counsel to appear on behalf of the media
and be heard. The burden shall be on the moving party to show why the
proceedings should not be public. The court may waive the 72-hour notice
provision upon a finding of good cause.
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Rule 5 - Media Coverage of Court
Proceedings and Cameras in the Courtroom
5.01 All Adams County Circuit Court proceedings
shall be open to the public and media coverage unless prohibited by
statute or court order.
5.02 All media coverage of proceedings in the Adams
County circuit courts shall be in accordance with Supreme Court Rule
(SCR) Chapter 61.
5.03 Cameras and recording equipment will be allowed
in courtrooms or hearing chambers provided a written or oral request is
made to the presiding hearing officer and Adams County media coordinator
at least 72 hours before each scheduled hearing or trial. No notice is
required for initial appearances in criminal cases. The notice
requirement may be waived by the presiding court officer upon good cause
being shown. Each media organization wishing to have cameras or
recording equipment must comply with this requirement.
5.04 The name of the Media Coordinator shall be
maintained on file with and available from the District Court
Administrator of the Sixth Judicial District, 2957 Church Street, Suite
B, Stevens Point, WI 54481, telephone 715-345-5295, fax
715-345-5297.
5.05 The court officer presiding at the time of
hearing shall designate the location within the courtroom of any and all
camera or audio equipment so that media coverage will not obstruct the
view of persons located in the public areas of the courtroom.
5.06 The size and configuration of the courtrooms in
Adams County may require limitations on the number of cameras, audio
recording devices and other media equipment. In cases where more media
organizations wish to have equipment present than space permits, those
media representatives who are allowed in the courtroom shall share
footage or audio recording with those not permitted inside the courtroom
with their equipment.
5.07 Media equipment shall be set up prior to the
commencement of any hearing and may not be removed until the next
recess.
5.08 There shall be no visual photography or
videotaping of any juveniles, victims of sex crimes, undercover law
enforcement agents or confidential informants unless authorized by the
court upon advance request.
5.09 There shall be no video or still photography of
jurors or prospective jurors under any circumstances.
5.10 The use of motorized cameras while court is in
session is prohibited unless the motor is silent. No flashes or strobe
lights may be used.
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Rule 6 - Lawyers Not Members of the State
Bar of Wisconsin (Pro Hac Vice)
6.01 A nonresident lawyer who is not a member in the
State Bar of Wisconsin who wishes to appear pro hac vice in an action in
Adams County, Wisconsin must petition the court in writing to do so. The
petition shall set forth the state or states in which the lawyer is
licensed to practice law and his or her standing in that state. The
petition is to be under oath. The petition shall also state the name of
an active member in good standing of the State Bar of Wisconsin who will
sponsor the petitioner and participate with the non-member lawyer.
6.02 If the petition to appear pro hac vice is
granted:
a. The active member of the State Bar of Wisconsin shall appear in
person or, in the case of telephone proceedings, by telephone in all
proceedings held on the record, including those held out of court, such
as depositions unless otherwise permitted by the court.
b. The active member of the State Bar of Wisconsin shall review all
pleadings, motions and other documents to be filed with the court. Any
document filed with the court by the non-member lawyer appearing pro hac
vice shall contain the signature of the active State Bar of Wisconsin
member.
6.03 Any lawyer allowed to appear pro hac vice shall
be subject to the disciplinary authority of the Supreme Court of
Wisconsin pursuant to Supreme Court Rule (SCR) 20:8.5.
6.04 Permission of the nonresident lawyer to appear
in the Adams County Circuit Court may be withdrawn by the judge for any
reason stated in SCR 10.03(4).
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Rule 7 - Facsimile Transmission and Filing
of Documents with the Court
7.01 Facsimile documents transmitted directly to the
Adams County Circuit Court shall be accepted for filing only at
608-339-4503 and shall be subject to the following provisions:
a. The document does not exceed fifteen (15) pages in length.
b. No filing fee is required.
c. No additional fee or charge is required to be paid to the Clerk of
Circuit Court for accepting or receiving the facsimile document.
d. Papers filed by facsimile transmission completed after regular
business hours of the Clerk of Circuit Court's office are considered
filed the next business day. Regular business hours for the Adams County
Clerk of Court are 8:00 a.m. to 4:30 p.m.
e. Facsimile documents are considered filed upon receipt by the Clerk
of Circuit Court and are the official record of the court and may not be
substituted. The transmitting party shall send no additional copies of
the facsimile document to the Clerk of Circuit Court. The Clerk of
Circuit Court shall discard any duplicate documents subsequently
received by the Clerk of Circuit Court, assigned judge or court
commissioner. Parties who have transmitted documents by facsimile to the
court shall retain in their own files any "original" document that was
used for the facsimile transmission. In the event the authenticity of
the faxed document is challenged, the party who faxed the document to
the court shall have the burden to show authenticity.
7.02 The party transmitting the facsimile document
is solely responsible for ensuring its timely and complete receipt. The
circuit court, judge, court commissioner or clerk of circuit court is
not responsible for:
a. Errors or failures in transmission that result in missing or
illegible documents.
b. Periods when a circuit court facsimile machine is not operational
for any reason.
7.03 Facsimile documents transmitted to a
plain-paper facsimile machine of a noncourt agency, party, or company
for the receipt, transmittal and delivery to the clerk of circuit court
shall be accepted for filing only if the transmission complies with this
local rule or has been approved by the assigned judge or court
commissioner and certified by the party or attorney.
7.04 A judge assigned to a particular matter may
authorize in advance the filing of particular documents in that case
that do not conform to these rules if good cause is shown and they are
in conformance with §801.16, Wisconsin Statutes. Facsimiles
exceeding 15 pages in length must certify that the assigned judge or
court commissioner has approved the facsimile transmission.
7.05 Documents that are not to be filed but are to
be used by the court for reference or other purpose may be transmitted
by facsimile transmission at the discretion of the judge or clerk.
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Rule 8 - Family Law Practice
8.01 Divorce Education Program
In all divorce, legal separation or annulment actions filed in which
there are minor children of the parties, the parents shall be required
to attend a parent education program approved by the Adams County
Circuit Court prior to the scheduling of any final hearing or trial.
Upon a showing of good cause this requirement may be waived by the
court. The Adams County Family Court Commissioner shall provide
information and procedural guidelines concerning this program.
8.02 Mediation
Unless undue hardship or danger to the health of one of the parties
is shown, or unless otherwise excused by the court, the parties shall
attend mediation pursuant to sec. 767.11, Wis. Stats., prior to the
appointment of a guardian ad litem.
8.03 Guardian ad Litem
Upon the appointment of a guardian ad litem in any action affecting
the family, the parties shall be required to make a deposit to the Adams
County Clerk of Court to defray guardian ad litem fees and expenses. The
amount of the deposit shall be determined by the court. Unless both
parties are found to be indigent, either or both parties shall be
required to reimburse Adams County for the full cost of the guardian ad
litem fees and expenses.
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Rule 9 - Guardian ad Litem Appointments and
Fees
9.01 Attorney List. The court shall maintain a list
of attorneys who are willing to accept Guardian ad Litem (GAL)
appointments from the court in contested divorce, legal separation
matters, guardianships, civil commitments, child in need of protection
or services (CHIPS), and any other matter requiring an appointment of a
GAL. An attorney who wishes to be included on the list shall submit
written verification of attendance at an approved GAL training seminar.
The court shall make his/her own GAL appointments and shall individually
review all requests for compensation sought by a GAL.
9.02 Compensation. A GAL shall be compensated at the
hourly rates established by the Supreme Court Rule governing such rates.
Any exceptions to this rate must be presented to and approved by the
judge who made the GAL appointment.
9.03 Termination of Duties. The duties and
appointment of a GAL shall terminate upon completion of the proceedings
or upon the minor child reaching the age of majority unless the court
orders otherwise. A written provision discharging the GAL shall be
included in the final order or judgment in each case.
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Rule 10 - Small Claims Practice
10.01 Forms, Filing Summons/Complaint. Forms may be
obtained from the Clerk of Court without charge. The Summons/Complaint
is to be filed in the Clerk of Court's Office with the proper filing
fees.
10.02 Mail Service; When Allowed. A Small Claims
Summons/Complaint for a money demand may be served by regular mail at a
rate to be determined by the Clerk of Court, if the defendant resides in
Adams County. Mail service is not allowed in cases of replevin or
eviction actions.
10.03 Eviction Actions. Summons/Complaint shall
identify the parties, the real property that is the subject of the
action, and state the facts that authorize the removal of the
defendant(s). A copy of the Notice to Vacate should be presented at the
time the Summons/Complaint is filed.
10.04 First Appearance (return date)
Plaintiff is required to appear in person before the Court
Commissioner (Courtroom "B") on the return date.
A defendant who resides within Adams County or in a county contiguous
to Adams County and who disputes the claim is required to appear in
person before the Court Commissioner on the return date.
A defendant who does not reside in Adams County or in a county
contiguous to Adams County must either appear on the scheduled return
date or file and serve a written answer at least 72 hours prior to the
court date and time. If an answer is properly filed and a request to
adjourn said hearing is made by the defendant, the first appearance will
be scheduled for a future date. A written answer, however, is not in
lieu of an appearance on the future date.
On the return date, a pretrial will be held on all contested matters.
At the pretrial conference, each party must have the authority to settle
the case. Matters that cannot be resolved will be set for trial, and the
Court Commissioner will issue a Pretrial Order. If time permits and all
parties consent, trials will be conducted by the Court Commissioner on
the return date.
10.05 Continuances.
A party who appears on the return date may be granted a continuance
to the next session of Small Claims Court except in eviction actions,
which may be continued upon agreement of the parties. NO other
continuances shall be allowed except by the Court and upon good
cause.
Defendants who neither appears in person nor file a written answer
per Court Rule 10.04, as stated above, risk entry of a default judgment.
Failure to comply with these rules by either party may result in a
dismissal or default judgment. Telephone appearances are not
acceptable.
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IT IS ORDERED that the preceding Adams County
Circuit Court Rules are hereby adopted and approved and these rules do
supersede all prior Adams County Circuit Court Rules.
Adopted this day February, 2005.
BY THE COURT:
Charles A. Pollex
Circuit Court Judge
Approved:
James Evenson, Chief Judge
Sixth Judicial District of Wisconsin
