Barron 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 Calendars for attorneys
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
204 Continuances
205 Court Commissioner
206 Entry of order/judgments (Five-day Rule)
207 Facsimile/E-mail Transmission of Documents to the Court
207.1
Facsimile documents transmitted directed to the Barron County Clerk
of Court shall be accepted for filing only if:
a. They are faxed to the following number which is a dedicated
plain paper facsimile machine located in the Barron County Clerk of
Court’s office: 715/537-6269.
b. The document does not exceed fifteen (15) pages in length,
excluding the cover sheet.
c. No filing fee is required.
d. No additional fee or charge must be paid by the Circuit Court
for accepting or receiving the facsimile document.
207.2
Papers filed by 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
Barron County Clerk of Court are considered filed the next business
day.
207.3
The party transmitting the facsimile document is solely responsible
for insuring its timely and complete receipt.
207.4
The Circuit Court, Judge and Clerk, are not responsible for:
a. Errors or failures in transmission that result in missing or
illegible documents.
b. Periods when the Circuit Court facsimile machine is not
operational for any reason.
207.5
Any subsequently 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 by the
Court, are the official records of the Court and cannot be
substituted.
207.6
The Judge assigned to a particular case 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 Wis.
Stat. 801.16.
207.7
Documents that are not to be filed, but are to be used by the Court
for reference or other purposes may be transmitted by facsimile
transmission at the discretion of the Judge or Clerk.
208 Fees
209 Filing a name change
Before the Court will approve your name change, you MUST:
1. File a Petition For Name Change and pay the filing fee to the
Barron County Clerk of Court.
2. File a certified copy of your birth certificate with your
Petition.
3. Obtain a hearing date from the assigned Judge’s judicial
assistant.
4. Publish you Petition and Notice of Hearing with your local
newspaper for three consecutive weeks.
5. Obtain an Affidavit of Publication from the newspaper following
the last publication of notice.
6. Present the Affidavit of Publication to the Judge at your
hearing.
7. Present to the Court a proposed final order for the Judge’s
signature.
8. Following the hearing, present to the Barron County Clerk of Court
the completed Vital Statistics Form (attached hereto) and a check for
$22.00 payable to the Center for Health Statistics.
9. If you are changing the name of your child (including a
non-marital child), both parents must sign the petition. If other parent
cannot be located, termination of parental rights is necessary.
The Court cannot grant your name change unless you have followed all
the steps
above.
210 Holding of court in location other than the county seat
211 Issuing of Writs
212 Judicial Assignments
212.01 INTAKE COURT
The two branches of the Barron County Circuit Court shall preside
alternately over intake court for three successive weeks. The Judge of
Branch II will preside beginning September 1, 2003. The Judge for Branch
I will preside beginning September 22, 2003. The intake court rotates
thereafter between the branches for three (3) weeks at a time.
212.02 ASSIGNMENT OF CASES
A. Case assignments made under this Order continue until final
disposition, unless otherwise required by law. A case assignment does
not change in the event of a bindover in a felony case or other finding
of probable cause.
B. Requests for modification or enforcement of a final order of
judgment shall be made to the same branch which granted the final order
of judgment.
C. The following shall be assigned to the intake court and, as set
forth below, shall remain in the intake court unless transferred by
mutual agreement of the branches:
1. Criminal cases (the first appearance before either branch,
i.e. bail hearing, initial appearance, determines case
assignment.)
2. All traffic and ordinance violations
3. All DNR regulation violations
4. All emergency mental and alcohol commitments, protective
placements, temporary guardianships and Chapter 980 petitions.
5. All juvenile delinquency, JIPS and CHIPS proceedings (exception:
any new cases filed in the interest of a child already in the Barron
County Juvenile Court will be assigned to the Branch that handled the
child’s previous case(s).)
D. Arrest warrants and search warrant applications shall be made to
the intake court or to the other Branch if the intake court is
unavailable. Signing the warrant does not constitute case assignment.
E. The following cases shall be assigned by lot by the Clerk of
Court, Register In Probate and Juvenile Clerk:
1. Civil action under Chapter 801
2. Small Claims
3. Actions affecting the family under Section 767 (support actions
will be consolidated with the pending divorce action)
4. Paternity cases, other non-support cases and URESA actions
(exception: where the payor has actions for other children or families
which are filed prior to the current case, the current case should be
assigned to the Judge handling the payor’s prior case(s).)
5. Writs
6. Administrative appeals
7. Non-emergency mental and alcohol commitments, protective
placements
8. All probate, guardianships, conservatorships, name changes and
adoptions (adoptions filed in conjunction with a TPR are assigned to the
Judge assigned to the TPR)
9. TPRs (any separate petitions filed for TPR which involve
children from a single family will be treated as one assignment to a
single
Judge. TPRs will also be assigned to the Judge who has handled the
CHIPS case or cases.)
F. Petition for TPRs and injunctions based upon allegations of abuse
or harassment shall be assigned to the Branch which was the intake court
on the date the petition was filed.
G. Any time cases are consolidated, the consolidation will always be
to the case initially filed unless ordered otherwise by the Court.
212.03 CASES PENDING
Each Branch shall retain those cases assigned to it prior to the
effective date of this Order.
212.04 LIMITATIONS OF JURISDICTION
This Order is intended to equalize and rotate caseloads and not to
limit the jurisdiction of any Branch over any matter. Nothing in this
Order shall limit jurisdiction of any Branch over any matter brought
before it. Each Branch shall be free, in its discretion, to exercise
jurisdiction over any matter when the other Branch is unavailable.
212.05 FAMILY COURT COMMISSIONER
The Barron County Family Court Commissioner shall hear:
A. All initial temporary hearings in all divorce and family
matters.
B. All initial paternity action,
C. All injunction hearings, except those filed in Juvenile
Court,
D. All uncontested and stipulated divorces, annulments or legal
separations.
213 Jury Fees
214 Rules of Decorum
214.01
Court shall be formally opened each day in which a jury trial is
being conducted. This will be done by the bailiff or the clerk of court.
As the Judge enters the courtroom, the bailiff or clerk of court shall
require all present to rise and stand. When the Judge has reached the
bench, the bailiff or the clerk of court shall say “Hear ye! Hear
ye! The Circuit Court for the County of Barron is now in session, the
Honorable __________ presiding. All shall be seated and the business of
the court shall proceed.”
214.02
On all other business days, the clerk of court shall call for order
and require all to rise as the judge enters the courtroom.
214.03
In the recessing, the judge shall announce: “The Court is now
in recess”.
214.04 When the trial is to a jury, the Judge shall return to the
bench before the jury is called in. All are required to stand 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 or lectern except when 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 The Court will do the majority of questioning and counsel
cannot repeat the Court’s questions or ask information provided on
the jury questionnaires.
214.10
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. In jury arguments no juror shall be addressed
individually or by name.
214.11
Witnesses shall be examined with courtesy and respect, and their
good
faith presumed until the contrary appears.
214.12 The swearing of witnesses shall be an impressive ceremony
and not a mere formality
214.13 Lawyers will treat the Court and opposing counsel with
respect and dignity.
214.14 In jury cases which are disposed of upon a motion for
non-suit or directed verdict, the Judge in dismissing the
jury should briefly explain the procedure and why a verdict was
unnecessary.
214.15 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.
214.16 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. 8
(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.
214.17 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.
214.18 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.
(e) 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.
214.19 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
216 Telephonic hearings/motions
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.
302.02 Initial Pretrial Scheduling
The initial pretrial will be set within 30 days of issue being
joined. It will be held by telephone with plaintiff being responsible
for arranging the conference call.
303 Pretrial
303.01 Initial Pretrial Order
The court will enter an order as set forth below requiring
mediation between the
parties. The court will not set the matter for trial until mediation
has been completed.
| STATE OF WISCONSIN |
CIRCUIT COURT
|
BARRON COUNTY |
| |
Plaintiff, |
PRETRIAL ORDER AND
vs. SCHEDULING ORDER (Mediation) |
vs. |
|
|
| |
Defendant. |
Case No. |
_____________________________________________________________________
TO:
IT IS ORDERED:
1. Mediation will be conducted by: .
2. Mediation will involve all parties and principles with decision-
making authority and will be completed no later than . All parties will
share the cost of mediation.
3. Jury fee has been paid. If not paid as ordered the matter will
be tried to the Court.
4. The pleadings are complete.
5. Names and addresses of the plaintiff's expert witnesses, with a
brief summary of credentials, shall be furnished in writing to opposing
counsel and filed with the Court by .
6. The names and addresses of the defendant's expert witnesses,
with a brief summary of credentials, be furnished in writing to opposing
counsel and filed with the Court by .
7. The defense medical (and vocational) examinations be completed
on or before and that a written report thereof be furnished to opposing
counsel on or before .
8. All motions for summary judgment or other dispositive motions be
filed with the Court by .
9. All motions for summary judgment or dispositive motions shall be
filed in accordance with the attached Standard Summary Judgment
Procedure.
10. If mediation is unsuccessful, a telephonic trial scheduling
conference will be held on at a.m. shall make the arrangements for the
conference call.
11. If mediation is successful, the parties will notify the Court
in advance of the scheduling conference
Dated:
BY THE COURT:
______________________________
, Circuit Judge
PTOrderJCB Mediation 06/05)
303.02 Final Pretrial Order
| STATE OF WISCONSIN |
CIRCUIT COURT
|
BARRON COUNTY |
| |
Plaintiff, |
FINAL SCHEDULING ORDER |
vs. |
|
|
| |
Defendant. |
Case No. |
IT IS ORDERED:
1. This case is set for a 12-person jury trial / Court trial on at
. A panel of jurors will be selected with the plaintiff having strikes
and each defendant having strikes. Counsel shall meet in chambers at
8:00 a.m.
2. If not completed prior to mediation, defense medical and
vocational examinations are to be completed on or before , and that a
written report of the examination(s) shall be furnished to opposing
counsel on or before .
3. All motions shall be filed no later than the date of the final
pretrial and heard at the convenience of the Court and counsel.
4. All discovery shall be completed by .
5. The final pretrial conference date is set for at a.m. Attorney
will be responsible for initiating the call.
6. Three (3) days prior to the Final Pretrial the parties shall
submit a joint report to include:
a. An agreed statement of all uncontested facts. In the absence
of an objection to the admissibility of any uncontested fact, the
statement will become part of the record. No proof will be received at
trial on the matters covered by the statement.
b. Agreed statement of major factual issues.
c. The names and addresses of all prospective witnesses for each party.
Witnesses not listed will not be permitted to be called except upon
showing of good cause.
d. The itemized statement of special damages, if an element of the
claim.
e. A schedule of all exhibits to be offered at trial designating those
to which objection will be made with a brief statement as to the grounds
for objections. Objections based on relevancy need not be noted.
f. A list of depositions or the portions thereof to be offered at
trial.
7. Mark and number all exhibits prior to the final pretrial
conference. Exhibits should be numbered serially without designating the
offering party. Plaintiffs to begin with
Defendants with 201. A copy of the list for each party, the Clerk
of Court and Judge must also be submitted.
8. IF THERE IS A TRIAL TO THE COURT: Counsel for the parties will
submit to the
court three days in advance of the trial the following:
a. A trial brief on all contentions of the parties filing the
brief including references of special evidentiary problems.
b. Proposed findings of fact, conclusions of law and
judgment
9. IF THERE IS A TRIAL TO THE JURY: Counsel will provide the
following to the
Court 3 days in advance of the pretrial:
a. A trial brief on all contentions of the parties filing the
brief including references of special evidentiary problems.
b. Proposed voir dire questions
c. Proposed jury instructions with proof of authority, substantive
instructions in writing, boilerplate instructions designated by
number.
d. Any jury instructions requested, civil or criminal, which are not a
part of the pattern instructions from the Wisconsin Jury Instructions
Manual, must be submitted electronically by either disk or e-mail in
Word format.
e. Proposed verdict forms, special verdict forms and proposed special
interrogatories must be submitted electronically by either disk or
e-mail in Word format.
10. The parties shall submit separate reports or partial separate
reports at the time of the pretrial conference if counsel cannot agree
on the contents of a joint report and certify that after making diligent
effort agreement could not be reached on a joint report.
11. The parties shall advise the Court of the estimated time of
trial.
12. That as to voir dire, counsel shall not ask questions which
only repeat the voir dire of the Court or the questions answered on the
Jury List Questionnaire. Counsel will not ask questions that are
hypothetical, argue law, or ask jurors to commit themselves in
advance.
13. The Clerk of Circuit Courts will send you a completed set of
the Jury Questionnaires for your panel three weeks prior to trial at
your request and at your expense.
14. The jury will be allowed to take notes unless cause shown.
This Order shall control the subsequent course of action of this
case unless modified on motion of a party or the Court for good
cause.
If the request for jury trial is withdrawn within 7 days of the
trial date or the matter is settled within 7 days of the trial date, the
Court will hold a hearing for the purpose of determining whether this
Court shall impose costs against either or both parties for one day's
jury panel pursuant to Section 814.51 Wis. Stats.
This Order will control in the course of the trial and may not be
amended except by consent of the parties and the Court to prevent
manifest injustice.
Failure to comply with the terms of this Order shall be
considered cause for imposing sanctions which may include dismissal,
default judgment, contempt, money terms, orders limiting or barring the
presentation of testimony or introduction of evidence at trial, or any
combination thereof, or such other added and further sanctions as the
Court may deem appropriate under the circumstances.
Dated: .
BY THE COURT:
______________________________
Circuit Judge
(FinalSchedulingOrder 05/07)
304 Discovery
305 Other Motions
306 Judgments
306.01 Default Judgment
306.02 Summary Judgment
All summary judgment motions must comply with the procedure set
below:
STATE OF WISCONSIN
|
CIRCUIT COURT
|
BARRON COUNTY |
STANDARD SUMMARY
JUDGMENT PROCEDURE |
1. Each party seeking summary judgment shall serve and file, with
the motion for summary judgment:
a. A Statement of Proposed Undisputed Facts; and
b. A Statement of Proposed Conclusions of Law.
c. A Brief in support of the motion. The brief may not exceed 20
pages. Excess pages will be ignored by the court.
2. A Statement of Proposed Undisputed Facts and a Statement of
Proposed Conclusions of Law may be submitted as a combined document but
the Brief in support of the motion for summary judgment must be
submitted as a separate document.
a. Factual propositions shall be set forth in numbered
paragraphs and, to the extent practicable, each paragraph shall state
only one factual proposition.
b. After each paragraph, there must be a reference to the
evidentiary basis per § 802.08(3), Stats., such as a deposition,
discovery, pleading or affidavit.
3. Proposed Conclusions of Law shall be in numbered paragraphs,
shall accurately characterize the law on the issue in question and shall
be supported with a legal citation.
4. 30 days after service of the motion for summary judgment, any
party opposing a pending motion for summary judgment shall serve and
file:
for summary judgment shall serve and file:
a. A response to the moving party's Proposed Undisputed Facts,
and
b. A response to the moving party's Proposed Conclusions of Law,
and
c. A brief in opposition to the motion for summary judgment. The
brief may not exceed 20 pages. Excess pages will be ignored by the
court; and
d. Any supporting papers, pursuant to § 802.08(3), Stats.,
that the party chooses to submit.
5. The responses to the moving party's Proposed Undisputed Facts
and Proposed Conclusions of Law may be submitted as a combined document
but the Brief in opposition to the motion for summary judgment must be
submitted as a separate document.
a. The response to the moving party's Proposed Undisputed Facts
shall state whether there is a genuine issue of fact as to the whole or
a part of the factual proposition.
b. Any response asserting the existence of a genuine issue of
fact shall cite to depositions, discovery responses, pleadings or
affidavits which comply with § 802.08(3), Stats.
c. Unless the responding party places a factual proposition of the
moving party in dispute, the court will conclude that there is no
genuine issue of fact as to the finding initially proposed by the moving
party.
6. Response to Proposed Conclusions of Law shall respond to each
legal conclusion stated by the moving party. If the responding party
believes the motion must fail because of conclusions of law not stated
by the moving party, the respondent may state such other conclusions of
law.
7. 15 days after service of the brief in opposition to the motion
for summary judgment, the moving party may submit a reply brief. The
brief may not exceed 10 pages. Excess pages will be ignored by the
court.
(Summary Judgment Procedure 03/07)
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
Defendants must appear in person for an initial appearance in all
criminal cases
even if the defendant has signed an Authorization to Appear.
405 Preliminary Hearings and Arraignments
The preliminary hearing will be held by the judge assigned to the
case. Arraignments shall ordinarily be conducted immediately upon
completion of the preliminary hearing, unless otherwise ordered by the
court.
406 Commitment Orders
Upon conviction, the clerk of court shall FAX a copy of the Judgment
of Conviction to the Sheriff if it includes county jail or prison
time.
407 Discovery
408 Jury and Bench Trials
408.01 Pretrial order and order setting case for trial
All cases will be scheduled for trial after the defendant’s
first plea date, unless good cause is shown for an adjournment.
409 Motion Practice
All motions must be in writing and state with particularity the
grounds for the
Motion. §971.30, Stats. Failure to comply with this requirement
shall be grounds for dismissal.
410 Pre-Sentence Investigation
A Pre-Sentence Investigation will be ordered in all felonies unless
the court is persuaded that the parties can present enough background
information to allow
the court to proceed.
411 Probation
Part 5: Family Law Practice
501 Advanced payments on custody and psychological evaluations
502 Child Support Warrants
503 Guardian ad litem
504 Pre-trial
504.01 Order procedure for contested divorces
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. Return of property action must use restricted mail
or personal service. Out-of-county, out-of-state and eviction actions
are limited to personal service ONLY.
902 Appearance
902.01
Plaintiff
Plaintiffs NEED NOT APPEAR at the return date.
902.02
Defendants must EITHER appear in person or 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
All small claims cases except eviction cases must attend mediation
before a
Trial will be scheduled. If a party fails to appear for mediation
judgment will be
entered in favor of the party appearing.
If the claim is not settled in mediation, a trial to the Court will
be set, you 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 RETURN DATE, or judgment may
enter
907 Garnishment
908 Trial Procedures
908.01 Adjournments
All requests for adjournment of court trials MUST be in writing and
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 date set.
Parties are urged to discuss with one another the possibility of
out-of-court settlement prior to the trial date.
908.02 Trial Dates
Always check the status of your trial at least 2 days before the
trial date. Sometimes, if the trial is adjourned, the notice may not get
to the parties in time.
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.
908.04 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. However, the court will not
accept written statements of witnesses not present in court nor will
other written evidence be accepted unless supported by a live
witness.
908.05 Judgment
If judgment is granted for the plaintiff, a financial disclosure
statement will 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 days of judgment. Failure to provide information to
the plaintiff will 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
(CourtRulesFinal05/07)
Wisconsin Circuit Court
Rules
589 KB
