Ashland County
Circuit Court Rules
(Tenth Judicial District)
Part 1: Tenth Judicial District Rules
101 District Rule adoption and promulgation
101.01 Pursuant to §753.35 (2), the Tenth Judicial District
Court Rules are incorporated herein by reference.
Part 2: Court Practice
201 Calendar for attorneys
201.01 An attorney appearing in court, whether in person, by phone,
or by videoconference will have his or her calendar with him or her so
taht continued or further proceedings may be expeditiously
scheduled.
201.02 Notice of Retainer. An attorney who represents a party shall
file with the clerk of court a notice of retainer or order appoitning
counsel as soon as practicable. An attorney who intends to withdraw as
counsel of record shall first file a written motion and schedule the
matter for hearing with notice to the court and all opposing parties.
Withdrawal and/or substitution by an attorney may be accomplished by
written stipulation if agreed to and signed by all attorneys and
approved by the court. Except where required by law, the court will
exercise discretion regarding whether counsel will be permitted to
withdraw if scheudled proceedings will be delayed.
202 Closure of Proceedings
202.01 Media Coverage
Unless good cause be shown, or otherwise required by statute, a party
moving that any judicial proceeding be closed to the public must notify
the Court and the media coordinator in writing at least 72 hours before
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 why the proceedings should not be
public.
203 Confidential Records The following records and files are
presumed to be confidential and will not be accessible without an order
of the court: juvenile files probate flies, paternity files, presentence
investigation reports, medical reports, psychological evaluations
confidential judge and court commissioner notes that are work-product,
and financial disclosure statements.
204 Continuances
204.01 All stipulated requests for the continuance of a
hearing/trial require the verified consent of the parties in writing by
phone or on the record and must be for good cause shown. Non-stipulated
requests for continuance must be on written motion and hearing and for
good cause shown by the moving party. Continuance requests are subject
to the approval of the court and shall be requested of the Court within
twenty (20) days of the date a hearing/trial notice is provided. If the
time limits of the proceeding do not permit such time periods, the
court may in its discretion shorten the time in which to tile a motion
for continuance
204.02 Continuances can impede the efficient administration of
justice and will be granted sparingly. The need for a continuance is to
be documented. The court may require proof of medical or other
emergency before or after granting a continuance
205 Court Commissioner
205.01 The family court commissioner shall be appointed pursuant
to Wis. Stat. 757.68 and SCR 75.02(1). The family court commissioner
shall have all of the powers and duties specified in his or her annual
appointment order. Supplemental court commissioners may be appointed
pursuant to Wis. Stat. § 757.675 and shall have all of the powers
and duties specified in their respective appointment orders.
206 Entry of Order/Judgements (Five-Day Rule)
206.01 Judges and court commissioners shall hold proposed orders
for a minimum of five (5) business days upon receipt. If no objection
is received by any other party, they may sign the orders as
submitted.
207 Facsimile/E-mail Transmission of Documents to the Court
Facsimile documents transmitted directed to the Ashland County Clerk of
Court shall be accepted for filing onlv if:
• They are faxed to the following number which is a dedicated
plain paper facsimile machine located in the Ashland County Clerk of
Court's office: 715/682-7919.
• The document does not exceed fifteen (15) pages in length
excluding the cover sheet.
• No filing fee is required. Pursuant to state statute, the
clerk of court may charge $1.25 per page for incoming and outgoing
facsimiles. Papers filed b facsimile transmission are considered filed
when received by the Clerk of Court except that any papers filed by
facsimile transmission completed after regular business hours of the
Ashland Count Clerk of Court are considered filed the next business day.
The party transmitting the facsimile document is solely responsible for
insuring its timely and complete receipt. The Circuit Court Judge and
Clerk, are not responsible for:
• Errors or failures in transmission that result in missing or
illegible documents.
• Periods when the Circuit Court facsimile machine is not
operational for any reason.
Any subsequent received copies or originals (by mail or personal
delivery) of documents filed with the Court by facsimile transmission
will be discarded by the Court. The fax documents, upon receipt b the
Court are the official records of the Court and cannot be substituted.
208 Fees
Unless a petition for waiver of fees is approved by the Court, the Clerk
of Court will collect the full statutory filing fee before filing any
document.
209 Name Change
209.01 A petition for name change must be filled out by the
petitioner or the parents if the petitioner is a child who is under the
age of fourteen (IA). The petitioner must also complete the notice of
hearing. A date and time for the hearing of the petition will be
assigned. The petitioner will be given a copy of the petition and notice
of hearing. A copy of the notice of hearing must be published in the
official county newspaper for three (3) weeks. An affidavit of
publication must be filed with the clerk of court prior to the name
change hearing.
209.02 After the judge has granted the name change, the petitioner
if born in Wisconsin, must complete a new vital statistics form and pay
a recording fee. If the petitioner was not born in Wisconsin he or she
must ask the clerk for an additional certified copy of the order for
change of name to send to the appropriate state of birth. Two certified
copies of the order will be provided at no charge. One copy shall be
recorded with the Ashland County Register of Deeds. A recording fee may
also be charged by the Register of Deeds.
210 Holding of Court in Location Other Than the Courthouse
210.01 The court may, from time to time, travel to other cities,
villages and towns to hold sessions of the court in places located
witl1in the boundaries of Ashland County. Such travel shall only be done
after the court has made a determination that the proposed location is
appropriate, has adequate facilities and that such action is consistent
with Wis. Stat. § 753.24.
211 Issuing Writs
212 Judicial Assignments
213 Jury Fees
213.01 Civil Action In all civil cases, the fee for either a six
person jury $36.00) or twelve person jury ($72.00) shall be paid either
at the time of commencement of the action or the time specified in the
scheduling order. If the jury fee is not paid in a timely manner, the
matter shall be tried to the court as a bench trial unless otherwise
ordered by the assigned judge.
213.02 Small Claims Actions. Pursuant to Wis. Stat. §
799.21(3) any party may upon payment of the $36.00 jury fee file a
wril1en demand for a jury trial. in eviction actions, the demand shall
be filed at or before the time of joinder of issue.. in all other
actions the demand for trial by jury shall be made at the time a demand
for trial is made for review of the decision of the circuit court
commissioner pursuant to Wis. Stat. § 799.207.
213.03 Ordinance and Traffic Court Actions. Pursuant to Wi. Stat.
§ 345.43 any defendant may demand a jury trial within ten (10)
days after the date s/he has entered a not guilty plea. If the
jury fee is not paid in a timely manner the matter shall be a bench
trial unless otherwise ordered by the assigned judge.
213.04 Pursuant to Wis. Stat. § 814.51, if a jury demand is
withdrawn within two business days prior to the scheduled commencement
of the trial, jury fees representing the actual cost to call out the
jury and then cancel the jury may be assessed.
214 Rules of Decorum
214.01 When the trial is to a jury, everyone in the courtroom
will be required to stand when the jury enters and leaves the courtroom
and afford the jury the same respect as is given the Judge.
214.05 The flag of the United States and the State of Wisconsin
shall at all times while Court is in session be displayed at on or in
the close proximity to the bench, or on standard to the right of the
Judge.
214.06 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 the public.
214.07 Witnesses shall be examined from a position behind the
counsel table except v hen handling exhibits. Persons examining
witnesses may either stand while examining a witness or remain seated.
In no case shall a witness be crowded during examination.
214.08 When a lawyer or party is addressing the jury he or she
shall not crowd the jury box.
214.09 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. Injury arguments no juror shall be
addressed individually or by name.
214.10 Witnesses shall be examined with courtesy and respect.
214.11 The swearing of witnesses shall be an impressive ceremony
and not a mere formality
214.12 Lawyers ill treat the Court and opposing counsel with
respect and dignity.
214.13 Attorneys and parties shall be prepared to proceed at the
time matters are scheduled. Failure to proceed on time may be grounds
for sanctions, including but not limited to costs, dismissal judgment
and ruling against the late party on the particular matter before the
Court.
214.15 Judges Court Commissioners lawyers clerks, and court
personnel shall at all times do all of the following:
(a) Maintain a cordial and respectful demeanor and be guided by a
fundamental sense of integrity and fair play in all their professional
activities
(b) Be civil in their dealings with one another and with the
public and conduct all court and court-related proceedings whether
written or oral including discovery proceedings, with civility and
respect of the participants
(c) Abstain from making disparaging, demeaning or sarcastic
remarks or comments about one another.
(d) Abstain from any conduct that may be characterized as uncivil,
abrasive abusive hostile, or obstructive.
(e) While in court or while participating in legal proceedings,
dress in a manner showing proper respect for the court, the
proceedings, and the law. Judges shall wear black robes while presiding
on the bench except when exceptional circumstances exist.
(f) Advise clients witnesses jurors and others appearing in court
that proper conduct and attire is expected within the courthouse and,
where possible prevent clients, witnesses or others from creating
disorder or disruption.
(g) In scheduling all hearings, meetings and conferences, are
considerate of the time schedules of the participants and grant
reasonable extensions of time when they will not adversely affect the
court calendar or client’s interests.
(h) Conduct them in a manner which demonstrates sensitivity to the
necessity of preserving decorum and the integrity of the judicial
process.
214.16 Judges, court commissioners, and lawyers shall be punctual
in convening and appearing for all hearings, meetings and conferences,
and if delayed shall notify other participants if possible.
214.17 Lawyers shall do all of the following:
(a) Make all reasonable efforts to reach informal agreement on
preliminary and procedural matters.
(b) Attempt expeditiously to reconcile differences through
negotiation without needless expense and waste of time
(c) Abstain from pursuing or opposing discovery arbitrarily or for
the purpose of harassment or undue delay.
(d) If an adversary is entitled to assistance, information, or
documents provides them to the adversary without unnecessary
formalities.
(d) Abstain from knowingly deceiving or misleading another lawyer
or the Court.
(f) Clearly identify for the Court and other counsel changes that
he or she has made in documents submitted to him or her by counsel or by
the Court.
214.18 Adherence to standards of professionalism and courtesy
good manners and dignity is the responsibility of each Judge, Court
Commissioner, Lawyer Clerk and other personnel of the Court who assist
the public.
215 Substitutions and Recusals
215.01 A request for substitution of the judge shall be filed with
the Clerk of Court and the assigned judge.
215.02 If a judge disqualifies himself or herself pursuant to Wis.
Stat. § 757.19, the judge shall describe the reasons in writing
and with particularity. The judge will file the written reasons
supporting the disqualification, along with a request for reassignment,
\with the chief judge of the tenth district \ ho shall then determine
whether the disqualification is appropriate based on the reasons
stated.
215.03 Attorneys for the parties who become aware of a reason for
disqualification under Wis. Stat. § 757.19(2) shall promptly notify
the judge and the other parties so that appropriate action can be taken
under Wis. Stat. § 757.19(3), (4) or (5).
217 Use of Videoconferencing
Part 3: Civil Practice
301 Service and Answer
Service and answer must comply with Wisconsin Statutes.
302 Scheduling
302.01 Review of Cases Filed
The court will review all civil cases 90 days after filing.
303
303.01 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 t he clients shall be required.
The judge may in any case require all parties to be present personally
at the pretrial.
304 Discovery
304.01 All motions to compel discovery pursuant to Wis. Stat.
§ 804 must be accompanied by a statement in writing by the movant
that after consultation with the opposing party and sincere attempts to
resolve their differences the parties are unable to reach an accord.
Such statement shall recite the date, place and name of all parties
participating in such discussions. The court may upon its OW11
initiative after reasonable notice or pursuant to a motion limit the
number of depositions and interrogatories and may also limit the length
of depositions. The frequency and extent of the use of the discovery
methods otherwise permitted or limited by these rules may be further
limited if the court determines that: the discovery sought is
unreasonably cumulative or duplicative, or is obtainable from some
other source that is more convenient, less burdensome, or less
expensive; the party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought; or the burden
or expense of the proposed discovery outweighs its benefit, taking into
account the needs of the case, the amount in controversy the parties'
resources, the importance of the issues at stake in the litigation, the
importance of the proposed discovery in resolving the issues.
305 Other Motions
305.01 Motion Practice Motions shall be heard at a date and time
set by the judge or judicial assistant. It is the attorney's
responsibility to schedule the motion with the court, and a motion
filed only with the clerk of court \., ill not be scheduled until a
specific request by phone or in writing is made of the court for a
hearing date and time. Motions supporting documents and briefs should
be filed with the court and served on the nonmoving part at least twenty
(20) days before the hearing date unless provided otherwise by these
rules or order of the court. The opposing party should serve and file a
written response at least five (5) days before the hearing.
306 Judgements
Part 4: Criminal Practice
401 Defendant's Presence Required
The defendant's presence is required in all criminal hearings except in
misdemeanor cases where a written authorization to appear is filed and
with court approval.
402 Warrants and Warrantless Arrests
403 Bonds
403.01 Cash Bonds
The clerk is authorized to determine the manner and form in which cash
bonds may be deposited.
403.02 No Contact Domestic Violence Bonds
As a condition of bond the Court will order no contact with the
victim in all domestic abuse cases unless the court is convinced that
the victim wants contact and is safe.
404 Initial Appearances
405 Preliminary Hearings and Arraignments
406 Commitment Orders
407 Discovery
407.01 Discovery in criminal cases is governed by Wis. Stat.
§ 971.23
408 Jury and Bench Trials
408.01 Pretrial order and order setting case for trial
409 Motion Practice
409.01 Motions must be in writing and shall state with
particularity the grounds thereof and the order or relief sought
pursuant to Wis. Stat. § 971.30(2).
410 Pre-Sentence Investigation
410.01 Pre-sentence Reports. After a conviction in a felony case
the court may order a presentence investigation. When a presentence
investigation report has been received the judge shall disclose the
contents of the report to the defendant s attorney and to the district
attorney prior to sentencing. When the defendant is not represented by
an attorney, the contents shall be disclosed to the defendant. The
judge may conceal the identity of any person who provided infonnation
in the presentence investigation report. Except as otherwise provided
by statute, after sentencing the presentence investigation report shall
be confidential and shall not be made available to any person except
upon specific authorization of the court. The district attorney and the
defendant's attorney are entitled to have and keep a copy of the
presentence investigation report. If the defendant is not represented
by counsel the defendant is entitled to view the presentence
investigation report but rnay not keep a copy of the report. A district
attorney or defendant's attorney who receives a copy of the report
shall keep it confidential. A defendant who views the contents of a
presentence report shall keep the information in the report
confidential.
411 Probation
411.01 Any person placed on probation shall report to the Wisconsin
Department of Corrections Office in Ashland, Wisconsin within 48 hours
of being placed on probation, unless the court specifies a shorter
period of time. Failure to report may be considered a contempt of
court.
Part 5: Family Law Practice
501 Advanced payments on custody and psychological evaluations
501.01 The court may order a party to deposit funds with the clerk
of court to cover the cost of court-ordered custody and psychological
evaluations.
502 Child Support Warrants
502.01 When a bench warrant is issued due to the non-appearance of
a party at a child support hearing, the following procedures will
apply. (l) The party v. ill be picked up and transported to the
Ashland County Jail unless she purges his or her contempt by paying
arrearages in full. The sheriffs department will contact the child
support office and advise of the arrest. (2) The defendant will appear
at the next regularly scheduled child support intake calendar. (3)
During intake, the court may order a signature bond or keep the warrant
in place and set the matter on for a review hearing with the judge
assigned to the underlying family file.
503 Guardian ad litem
503.01 If upon the request of either party, the court determines
that a Guardian Ad Litem (GAL) should be appointed, unless otherwise
ordered by the court both parties will share equally the fee of the
guardian ad litem and may be required to pay all or part of said fee in
advance
504 Pre-trial
Part 6: Foreclosure Practice
601 Service
Part 7: Juvenile Practice
701 Confidentiality
702 Definitions
703 Requests for Access
703.01 Form of Requests for Access
703.02 Deficient Requests for Access
703.03 Requests for Access by Victims of Juvenile s Act or .Acts
703.04 Procedure Upon Receiving Request
703.05 Request to Attend Court Proceedings
704 Delinquency Proceedings
705 Hearings
706 Notice to victims of Children's acts
707 Plea negotiations
Part 8: Probate Practice
Part 9: Small Claims Practice
901 Service
901.01 Alternatives for service of summons and complaint Regular
mail will be used for service of summons and complaint unless otherwise
indicated. Out-of-county out-of-state, replevin, and eviction actions
are limited to personal service ONLY.
902 Appearance
Plaintiff: Plaintiff(s) need not appear at the return date.
Defendant: Defendant(s) must either appear in person on return date
or file a written answer before the return date and time with the Small
Claims
Clerk specifying the reasons the claim is contested.
The defendant must send a copy of the written answer to the PLAINTIFF.
Defendants who neither appear in person and file a written answer nor
file a written answer by mail risk entry of a default judgment against
them. Telephone answers ARE NOT acceptable
Both plaintiff and defendant must appear at trial
903 Mediation Requirement
Unless otherwise ordered by the Court, all small claims cases will be
set for mediation and the parties must attend before a trial will be
scheduled. If a party fails to appear for mediation judgment will be
entered in fen or of the party appearing. If the claim is not settled
in mediation a trial or motion hearing will be set, the parties will be
notified of the date, and the following rules apply to the
plaintiff and defendant.
904 Party Identification
904.01 Parties not Properly Identified
904.02 Change of Address If either party has a change of address
during the pendency of their case, they must notify the office
of the Clerk of Courts.
904.03 Use of Work Address
905 Return Date
906 Settlements
If case settles a written notification must be provided to the Clerk of
Court's Office prior to the next scheduled court appearance or judgment
may enter.
907 Garnishment
908 Trial Procedures
908.01 Adjournments All requests for adjournment of court trials
MUST be in writing and should be received in the Clerk of
Courts Office at least 5 days prior to the trial date. If not, the
trial will be held on the dale set.
Parties are urged to discuss with one another the possibility of
out-of-court settlement prior to the trial date.
908.03 Attorneys Both parties are informed they not required to
have an attorney in a small claims case. However they have the right to
any attorney and may feel free to hire one at their own expense to
assist in the presentation of the case.
Rules of Evidence The trial will be conducted informally by the
court with the court conducting the majority of the questioning. The
rules of evidence do not apply, except for the rules of privilege.
908.05 Judgment If judgment is granted for the plaintiff a
financial disclosure statement ill be mailed to the debtor along with
the notice of entry. This will be mailed by the Clerk of
Court. This form (financial disclosure statement) MUST be completed by
the debtor and sent to the creditor within 15 da. s of judgment, unless
within that time the debtor satisfies the judgment in full. Failure to
provide information to the plaintiff may result in contempt of court
(WI. Stats. Chpt. 785).
If judgment is granted, a $5.00 docket fee MUST be paid to the Clerk
of Court. (THIS IS IN ADDITION TO THE FILING FEE). Without this
fee, the judgment WILL NOT be docketed.
Part 10: Traffic/Forfeiture Practice
1001 Obtaining Bonds on Traffic Citations
These rules, if approved by the Chief Judge of the 10lh Judicial
District ill become effective November 1 2007. These proposed rules
will be posted for public review in the Ashland County Clerk of Circuit
Court’s Office and copies shall be forwarded to the president and
secretary of the Ashland-Bayfield County Bar Association.
Wisconsin Circuit Court
Rules
