Bayfield County
Circuit Court Rules
(Tenth Judicial District)
Effective Date: June 1, 2007
Part 1: Publication and Revision of Court Rules
Effective date: June 5, 1989
101 District Rule adoption and promulgation
101.01 Pursuant to §753.35 (2), the Tenth Judicial
District Court Rules are incorporated herein by reference.
102 Proposed rules shall be posted for public review in the County
Courthouse by the Clerk of Circuit Court and copies shall be forwarded
to the Secretary of the local Bar Association at least thirty days
prior to formal adoption.
103 Notice of proposed rules as described in Sec. 101 shall
constitute sufficient public notice.
104 Rules shall be adopted by written order of the Circuit Judge,
subject to approval of the Chief Judge
105 Orders adopting rules shall specify an effective date.
106 Once adopted, court rules shall be field with the Clerk of
Circuit Court, and the Clerk of Circuit Court shall provide copies to
the Secretary of the local Bar Association and the Chief Judge.
Part 2: Court Practice
Effective date: June 1, 2007
201 Calendars for attorneys
Attorneys are required to have their calendars with them in court
so that dates can be set in the courtroom when possible. In the event
that an attorney does not have his or her calendar in court, a date
will be set in accordance with the judge's calendar.
202 Closure of Proceedings
202.01 Media Coverage
Unless good cause has been shown to the Judge, a party moving
that any judicial proceedings required by law to be public be closed to
the news media must notify the court and the media coordinator in
writing at least 72 hours prior to 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 cause why the proceedings should not be public as required by
statute.
203 Confidential Records
All court ordered or statutorily required reports are confidential in
all actions and proceedings. The original copy of the report shall be
provided to the court. Copies of the report shall be provided to the
district attorney or corporation counsel, the county department,
counsel for the parties and guardian ad litem as applicable.
Counsel for any party shall not provide his or her client or any
other party with a copy of a report unless approved to do so by the
court. A client or other party denied a copy of a report may read the
counsel's copy of the report or the preparer’s copy at the
preparer's office.
A copy of the Dispositional Court Report in CHIPS, JIPS and
delinquency matters, and the custody study or stepparent adoption study
in family court matters will be provided to the parent(s) or guardian
of the juvenile by the Department of Human Services. The parent or
guardian shall not release the copy to any third party. See Bayfield
County Juvenile Court Records Policies concerning other Juvenile
records.
204 Continuances
All stipulated requests for continuance of trial date shall require
the consent of the named parties in writing or on the record and must
be for good cause shown. Non-stipulated requests for continuance must
be on motion and hearing and for good cause shown. All requests for
continuance are subject to the approval of the court.
205 Court Commissioner – no rules promulgated
206 Entry of order/judgments (Five-day Rule) – no rules
promulgated
207 Facsimile/E-mail Transmission of Documents to the Court
All original pleadings, motions, affidavits and other papers shall
be on substantial paper to be received and filed. Thermal FAX paper
is not acceptable for originals.
All original pleadings, motions, affidavits and other papers
required to be signed shall be subscribed with an original handwritten
signature to be received and filed. FAX photocopy signatures are
not acceptable for originals.
Facsimile (FAX) transmissions shall not constitute an original
document for filing. Copies of correspondence, memoranda of law,
briefs and motions may be transmitted to the Judge as his/her copy. No
facsimile transmission shall constitute an original for purposes of
filing with the Clerk of Courts.
208 Filing Fees – no rules promulgated
209 Filing a name change – no rules promulgated
210 Holding of court in location other than the county seat
Criminal intake court, juvenile intake court and any associated
function thereto, may convene approximately every 60 days at the tribal
court facility in Red Cliff, Wisconsin.
211 Issuing of Writs – no rules promulgated
212 Judicial Assignments – no rules promulgated
212.01 Intake – no rules promulgated
212.02 Civil Matters – no rules promulgated
212.03 Criminal Matters – no rules promulgated
212.04 Juvenile Matters – no rules promulgated
212.05 Other Matters – no rules promulgated
213 Jury Fees
214 Rules of decorum
214.01 Court shall be formally opened each day in which court
business is transacted either by the Bailiff or the Clerk of Court.
214.02 As the Judge enters the courtroom, the Bailiff or Clerk
of Court shall require all present to rise and stand in jury trials.
When the Judge has reached the bench the Bailiff or the Clerk of Court
shall say "All rise,” The Judge shall instruct all to be
seated and the business of the court shall proceed.
214.03 Supreme Court Rule 62.02 shall be strictly enforced.
Any party and any attorney appearing in court shall refrain from making
comments regarding the personal or professional competence of another
party or attorney.
214.04 When trial is to a jury, the jurors shall take their
place in the jury box when the Judge so directs.
214.05 All parties and lawyers must respect the difficulty of
the court reporter when
more than one person is talking at a time. Except for objections
of counsel,
only one person may speak at a time while court is in session.
214.06 The flag of the United States and the State of
Wisconsin shall be displayed in
close proximity to the bench at all times while court is in
session.
214.07 Lawyers or parties 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 public.
214.08 Witnesses shall be examined from a position at the
counsel table except
when handling exhibits unless a lectern is provided by the court,
in which case the examination shall be either from the position at the
counsel table or the lectern. Persons examining witnesses may either
stand while examining a witness from the counsel table or remain
seated. Upon approval of the court, counsel may approach the witness
during examination.
214.09 When a lawyer or party is addressing the jury, he or
she shall not crowd the
jury box.
214.10 During examination of jurors on voir dire, the lawyer
or party conducting
the examination shall, insofar as practical, use collective
questions, avoid repetition and seek only material information on juror
qualification. The court reserves the right to suspend voir dire in
the interest of justice and efficiency.
214.11 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.
214.12 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 court
or of proceedings in the eyes of the jury and public.
214.13 Lawyers shall advise their clients and witnesses of
the formalities of the
court, and seek their full cooperation therewith. It is expected
that lawyers will guide clients and witnesses as to appropriate
attire.
214.14 Witnesses shall be examined with courtesy and respect,
and their good faith
presumed until the contrary appears.
214.15 The swearing of witnesses shall be an impressive ceremony
and not a mere
formality.
214.16 In jury cases which are disposed of without a jury
verdict, the judge in
dismissing the jury should briefly explain the procedure and why a
verdict was unnecessary.
214.17 The judge shall wear a robe while presiding on the
bench, provided that
judicial discretion may be exercised otherwise in appropriate
situations.
214.18 A bailiff or court security officer shall provide
courtroom security when
ever court is in session and such bailiff or officer shall be in the
courtroom in full uniform, unless directed otherwise by the presiding
judge. Special security rules may be adopted by the court in
individual cases. Everyone in attendance at court shall obey the
lawful commands of the bailiff or court security officer.
214.19 All attorneys must become familiar with the Digital Audio
Recording System, and understand that all proceedings are being
digitally recorded and appropriate use of microphones will be
required.
215 Substitutions and Recusals – no rules promulgated
216 Telephonic hearings/motions – no rules promulgated
217 Use of videoconferencing
Video conference is encouraged to be utilized whenever practically
reasonable. Parties seeking to appear or have witnesses appear by
video conference shall obtain prior court approval.
218 Case processing time guidelines
218.01 The benchmarks enumerated below are goals for processing
trial court caseload. These goals are meant to apply to all cases,
except for individual cases in which the court determines exceptional
circumstances exist.
(a) Civil actions, not including family actions or small claims
actions, should be disposed of within twelve (12) months from the
filing of the summons and complaint, except that actions involving
personal injury, property damage, or other intentional tort should be
disposed of within eighteen (18) months from the filing of the summons
and complaint.
(b) Family actions under chapter 767 should be disposed of
within nine (9) months from the filing of the petition.
(c) Contested small claims actions should be disposed of within
two (2) months from the filing of the summons and complaint.
(d) Felony actions should be adjudicated within six (6) months of
the date of first appearance of the defendant and in no event longer
than 90 days after demand for a speedy trial. (See Sec. 979.10(2),
stats.).
(e) Misdemeanor and criminal traffic actions should be
adjudicated within six (6) months of the date of first appearance of the
defendant unless the defendant is in custody, in which case trial
should commence within 60 days from the date of the defendant’s
initial appearance in court. (See sec. 971.10, stats.).
(f) Ordinance and forfeiture actions should be adjudicated within
three (3) months of the date of the first appearance of the defendant or
entry of initial plea, whichever occurs first.
(g) Estate actions should be disposed of within twelve (12)
months from the date of the filing of the petition for
Administration.
218.02 It will be the practice of the court to schedule every
case for a next action or review date at every stage in the life of the
case.
218.03 Security
218.04 Threats are defined as written or oral declarations of an
intention to inflict injury or pain upon individuals employed by or
involved in the court system. Any threat shall be treated as
serious.
218.05 Security incidents are episodes of conduct in the courts
in which the physical health or safety of participants or the physical
property of the courts are put at risk.
218.06 All threats and security incidents are to be immediately
reported personally or by telephone to the sheriff's office.
218.07 Court Security Officer
The sheriff is directed to designate an officer to serve as a
court security officer. The court security officer shall be
responsible for:
* referral and investigation of all threats and security
incidents.
* assistance in training of court personnel in handling threats
and security incidents.
* making recommendations to maximizing court security in the
future.
218.08 Training
Upon hiring, every employee (including elected officials) shall
be trained in the policies and procedures of handling threats and
security incidents, including the use and completion of the report
form. Refresher training shall be scheduled for all court employees on
a yearly basis. All training shall be coordinated by the circuit
judge, clerk of court, and court security officer. To the extent
possible, such initial and refresher training should include the
following:
* the court's policies and procedures concerning threats and
security incidents.
* the physical layout of the courts and escape routes from
courtroom and court offices.
* recognizing when a threat is being made.
* responding to a bomb threat.
* responding to a hostage situation.
* techniques in remaining calm and avoiding panic during a
stressful or potentially dangerous incident.
* techniques in responding to threats and security incidents in
such a manner as to defuse the danger of the situation without placing
the individual at physical risk.
* techniques in enhancing a person's personal safety either in
the courts or elsewhere.
* telephone protocol when a threat is being made over the
phone.
* handling irate or abusive individuals in person or over the
telephone.
* knowing when to contact law enforcement because of immediate
concerns with a "panic button" rather than by telephone.
* handling threats that are made away from the courthouse.
* gathering evidence for potential prosecutions.
* using the threat/security incident report form.
* role playing activities in order to familiarize the employee
with the process or recording and reporting threats.
218.09 Threat/Security Incident Report Form (GF-147)
A record shall be made of all threats and security incidents on
the Threat/Security Incident Report form. Such record shall be made
contemporaneously with the event being recorded as soon after as
possible. The original of such report shall be transmitted to the
Court Security officer. If deemed appropriate, a copy may be
maintained in the court offices affected.
"Panic buttons"
The panic button shall be used only in those cases where there is
immediate dangerous or life-threatening activity that needs the
presence of law enforcement officers. The Sheriff shall instruct
officers acting under the sheriff to treat a panic button call as
dangerous or life-threatening activity in process.
218.10 Telephone threats
a. All court employees shall keep a copy of the Threat/Security
Incident Report
form immediately at hand beside all telephones on which calls from
outside the courts can be received.
b. To the extent possible, while the person making the threat
is still on the
telephone, the report form should be completed. In not possible,
the form
should be completed as soon as practical while all information is
still fresh in
the mind.
c. The telephone on which a telephone threat was received should
not be disconnected or hung up until such time as law enforcement
personnel indicate that disconnecting is appropriate.
219 Supreme Court Rule 10.03(4) shall be strictly enforced.
219.01 A non-resident lawyer who wishes to appear in an action
must petition the court in writing. The petition shall state the name
of the active member of the State Bar who will participate with the
non-resident lawyer.
219.02 If the court grants the petition:
(a) The active member of the State Bar shall appear in person at
all proceedings held on the record, including those held out of court,
such as depositions.
(b) The active member of the State Bar shall review all
pleadings, motions and other papers to be filed with the court. Both
the non-resident lawyer and the active member of the State Bar shall
sign all pleadings and motions.
219.03 The non-resident lawyer is subject to the disciplinary
authority of this state for conduct that occurs in connection with the
action. SCR 20:8.5(2)
Part 3: Civil Practice
Effective date: December 15, 2003. Amended January 15, 2006
301 Service and Answer
All civil cases will be reviewed 90 days after filing. If no
service has been obtained or there has been no joinder of issues, the
court may enter an order of dismissal or initiate default
proceedings.
302 Scheduling
The circuit judges request trial counsel to pursue settlement at the
earliest possible time. Recognizing the great inconvenience and expense
that can be caused to the parties, jurors, witnesses, and the county.
Early settlements will be promoted by attorneys who have had timely
consultations with their clients and who are prepared to discuss all
aspects of their case.
302.01 Orders such as orders to show cause and temporary
restraining orders shall not be issued on unsigned pleadings, motions or
affidavits.
302.02 A motion for summary judgment and a motion for dismissal
shall be filed together with any brief or other supporting documents.
If movant does not desire to file a brief or other documents, a
statement waiving his/her right to file such brief or other documents
shall be filed. The respondent shall have 20 days from the filing of
the movant's brief within which to file a responsive brief and
supporting documents, or waive in writing the right to do so. If the
respondent fails to file a brief and supporting documents or waiver of
the same within the 20 day period, it shall be presumed that respondent
has waived this right and the court shall accept no further supporting
documents or briefs. A decision shall be based upon the record as
timely filed.
302.03 If the movant desires to file a brief in support of a
motion other than one for summary judgment of dismissal, the brief
shall be served and filed with the notice of motion at least 10 days
prior to any scheduled hearing date. Briefs in opposition to such
motions must be filed with the assigned judge's clerk no later than 2
business days prior to the hearing of the motion. Briefs in opposition
to such motions must be either personally served upon opposing counsel
no later than 2 business days prior to the hearing or if service is
made by mail, no later than 3 business days prior to the hearing.
Briefs filed in an untimely fashion may be disregarded by the
court.
303 Pretrial
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 the clients shall be
required.
304 Discovery – no rules promulgated
305 Other Motions
In civil proceedings, all post judgment motions to reopen or
vacate default judgments shall require a filing fee of $50.00 to be
paid to the Bayfield County Clerk of Circuit Court. If the court finds
error on the court which in part caused the default, or if the request
is denied, the filing fee shall be refunded.
306 Judgments
306.01 Default Judgment
No notice to defendant is required prior to entry of a default
judgment in large claim civil actions where personal service was
originally obtained upon the defendant. The court does require formal
motions for default judgment. A hearing is not required unless
otherwise stated.
In cases where no personal service is obtained upon the defendant
(i.e., substitute or published), notice of motion for default judgment
shall be given to the defendant by regular mail at defendant's last
known address. The notice shall provide that in the event defendant
does not request a hearing from the court, in writing, on plaintiff's
motion within 10 days of the date of the notice, default judgment shall
be entered.
Hearing requests shall be heard by the court as soon as
practicable. Upon the expiration of the time to request a hearing,
plaintiff may apply to the court for default judgment, accompanied by
an affidavit of the aforesaid notice to defendant. In actions where
damages are not liquidated, a hearing shall be conducted to determine
the amount of the judgment. The court may order a hearing to determine
the amount of judgment in any case.
Any judge may in an individual case require further notice of
proof regarding service, damages or costs if appropriate.
306.02 Summary Judgment – see 302.02, otherwise, no rules
promulgated
307 Jury and Bench Trials
When any civil, criminal, juvenile (14 or older), or other jury
trial demand is withdrawn after 3:30 p.m. on the
proceeding business day before trial, a jury fee of not less than
$500.00, but not more than the actual jury cost to the county for a
twelve person jury ($250.00, but not more than the actual jury cost to
the county for a six person jury), will be assessed pursuant to
§815.51 Wis. Stats.
Part 4: Criminal Practice
Effective date: December 15, 2003. Amended January 15, 2006, and
June 1, 2007
401 Defendant’s Presence Required – no rules
promulgated
402 Warrants and Warrantless Arrests – no rules promulgated
403 Bonds – no rules promulgated
403.01 Cash Bonds – no rules promulgated
403.02 No Contact Domestic Violence Bonds – no rules
promulgated
404 Initial Appearances
When a not guilty plea is entered by a defendant in a criminal
proceeding, status conferences will be scheduled before the matter will
be set for trial. At a status conference, the court will set the
matter for jury trial, unless the defendant enters a guilty or no
contest plea to the charge, a reduced charge or pursuant to a plea
agreement, or unless a new status conference is required. The
defendant shall appear in person unless counsel has filed a written
authorization to appear and sought permission of the court to appear by
telephone or by authorization. Prior to entry of a plea of guilty or no
contest, the defendant shall complete and sign a written Plea
Questionnaire/Waiver of Rights form and file it with the court. The
form must be completed in full.
405 Preliminary Hearings – no rules promulgated
406 Commitment Orders – no rules promulgated
407 Discovery – no rules promulgated
408 Jury and Bench Trials
When any civil, criminal, juvenile (14 or older), or other jury
trial demand is withdrawn after 3:30 p.m. on the
proceeding business day before trial, a jury fee of not less than
$500.00, but not more than the actual jury cost to the county for a
twelve person jury ($250.00, but not more than the actual jury cost to
the county for a six person jury), will be assessed pursuant to
§815.51 Wis. Stats.
408.01 Pretrial order and order setting case for trial
The circuit judge requests trial counsel to pursue
settlement at the earliest possible time. Recognizing the great
inconvenience and expense that can be caused to the parties, jurors,
witnesses, and the county, early settlements will be promoted by
attorneys who have had timely consultations with their clients and who
are prepared to discuss all aspects of their case. The court shall set
timelines and other requirements in a pre trial scheduling order.
409 Motion Practice
All stipulated requests for continuance of a trial date shall require
the consent of all parties in writing or on the record and must be for
good cause shown. All non-stipulated requests for continuance must be
by written motion and hearing and for good cause shown. Any continuance
is subject to approval of the court.
410 Pre-Sentence Investigation – no rules promulgated
411 Probation – no rules promulgated
Part 5: Family Law Practice
Effective date: December 15, 2003
501 Advanced payments on custody and psychological evaluations
The court may direct one or both parties to prepay the fees for
mediation sessions
provided by family court counseling services beyond the first session.
The court may also direct one or both parties to prepay the $300.00 fee
for a legal custody and physical placement study.
The fees for mediation and custody studies are payable directly to
Bayfield County's Clerk of Circuit Court. The family court counseling
services shall adopt a sliding fee schedule to be approved by the
Circuit Judge.
The court shall reduce the fees in accordance with the party's
ability to pay or provide the services without payment of the fees if
both parties are unable to pay. If parties are unable to pay, the
court shall grant a separate judgment for the amount of the fees in
favor of the county and against the party or parties responsible for
the fees.
502 Child Support Warrants – no rules promulgated
503 Guardian ad litem
Upon appointment of a guardian ad litem in any action affecting the
family, each party shall, if ordered by the court, deposit an advance
on fee of $200.00 with the guardian ad litem. The court may waive this
requirement based upon the inability of a party to pay. The court may
direct that the fees of the guardian ad litem be paid by Bayfield
County, and may direct that the fees be reimbursed to Bayfield County
by either or both parties. The court shall grant a judgment for the
amount of the reimbursement, in favor of Bayfield County and against
any party responsible for reimbursement.
504 Pre-trial – no rules promulgated
504.01 Order procedure for contested divorces
The court will set every action for divorce or legal separation for a
stipulated final hearing/status conference upon the expiration of 120
days after service of the summons and petition upon the respondent or
the expiration of 120 days after the filing of the joint petition.
504.02 In any action affecting the family in which a minor child
is involved, the following shall apply:
(a) Both parties shall attend and complete an educational program
addressing the effects of divorce on children. A brochure containing
a schedule of the dates, times, places and providers of the program
shall be provided to each party by the Clerk of Court. The Educational
Program shall be completed prior to the date of the final hearing
herein, unless for good cause shown, a party is relieved of this
obligation by the court.
(b) Each party shall be responsible for a payment of any fee
payable at the time of the session. Each parent shall be responsible
for providing proof of completion of the program to both the Bayfield
County Clerk of Court and the Family Court Commissioner.
(c) A party may attend an alternative educational program not
listed in the brochure with the approval of the Family Court
Commissioner. Any party wishing to attend an alternative program must
first contact the Family Court Commissioner. Any party attending an
approved, alternative Educational Program shall be responsible for all
costs thereof, and shall provide proof of attendance to the Bayfield
County Clerk of Court and the Family Court Commissioner.
(d) No mediation shall take place until both parties attend and
complete the Educational Program addressing the effects of divorce on
children, unless the court, for good cause shown, orders otherwise.
(e) Failure by either party to comply with this Order shall be
cause for imposing sanctions which may include dismissal, default
judgment, contempt, monetary penalties, orders limiting or barring the
presentation of testimony or introduction of evidence at trial, or any
combination thereof, or such other or further sanctions as the Court
may deem appropriate under the circumstances. The court may refuse to
enter final judgment until such time as the provisions herewith have
been completed.
504.03 The provisions of every judgment of divorce, annulment or
legal
separation regarding child support and provision of health
insurance for the parties minor children shall be submitted to the
Bayfield County Child Support Agency for review prior to submission to
the Court for signature.
Part 6: Foreclosure Practice
601 Service – no rules
promulgated
Part 7: Juvenile Practice
701 Confidentiality – no rules promulgated
702 Definitions – no rules promulgated
703 Requests for Access – no rules promulgated
703.01 Form of Requests for Access – no rules
promulgated
703.02 Deficient Requests for Access – no rules promulgated
703.03 Requests for Access by Victims of Juvenile’s Act or Acts
– no rules promulgated
703.04 Procedure Upon Receiving Request – no rules promulgated
703.05 Request to Attend Court Proceedings – no rules
promulgated
704 Delinquency Proceedings – no rules promulgated
705 Hearings – no rules promulgated
706 Notice to victims of Children’s acts – no rules
promulgated
707 Plea negotiations
The circuit judges request trial counsel to pursue settlement at the
earliest possible time. Recognizing the great inconvenience and
expense that can be caused to the parties, jurors, witnesses, and the
county, early settlements will be promoted by attorneys who have had
timely consultations with their clients and who are prepared to discuss
all aspects of their case.
Part 8: Probate Practice - No
specific rules promulgated. All statutory authority shall govern.
801 Jurisdiction of the Probate Court
802 Responsibility within the Probate Court
802.01 General duties
802.02 Responsibility of the Probate Judge
802.03 Responsibility of Register in Probate/Probate Registrar
802.04 Responsibility of Court Commissioners
803 Filing of Documents
803.01 Fascimile Transmission of Documents to the Court: See
Rule 207.
804 Scheduling
805 Estates – No specific rules promulgated. All
applicable status shall apply.
805.01 Wills
805.02 Summary Settlement and Summary Assignment
805.03 Selection of Personal Representative
805.04 Hearing or Waiver of Hearing
805.05 Objection to Will
805.06 Objection to Claims filed
805.07 Tax clearances
805.08 Closing Estates
805.09 Extensions of Time to Closing Estates
805.10 Timeline to close estates
806 Trusts
806.01 Inventory
806.02 Closing
807 Guardianship, Conservatorship and Protective Placements
807.01 Temporary Guardianships
807.02 Guardianships
807.03 Conservatorships
807.04 Protective Placements
807.05 Watts
807.06 Termination of Guardianships
808 Civil Commitments
808.01 Commencement
808.02 Scheduling and appointment of examiners/counsel
808.03 Access to File
809 District probate timelines
Effective date: June 1, 2007
| Estates |
360 days |
| Informal Probate |
360 days |
| Juvenile Delinquency |
90 days* |
| Juvenile CHIPS |
90 days* |
| Juvenile Ordinance |
30 days |
| Termination of Parental Rights |
120 days* |
* Certain juvenile cases have shorter statutory time limits due to
custodial or other situations. In these circumstances the statutory time
period must be followed.
810 District forms
Part 9: Small Claims Practice
Effective date: December 15, 2003. Amended January 15, 2006
901 Service
Service of summons in small claims actions, except eviction actions,
may be by mail
in lieu of personal or substituted service. Service by mail to
obtain a personal
judgment shall be limited to Bayfield County.
Service may be made by mail leaving the original and necessary
copies of the summons with the clerk of court, together with the fee
prescribed in Wis. Stats. §814.62(4).
The clerk shall mail a copy to each defendant at the last known
address specified in the summons. Service of the summons is considered
completed when it is mailed, unless the envelope enclosing the summons
has been returned unopened to the clerk prior to the return date. All
mailing of summons shall be done in envelopes which the clerks return
address appears, with a request to return to that address.
901.01 Alternatives for service of summons and complaint
902 Appearance
a. A defendant may join issue in any of the actions specified in
Wis. Stats. §799.01
without appearing at the return date by answering by mail and the
court
receiving the answer prior to the return date.
b. The court shall promulgate a separate written guide for all Small
Claims litigants.
c. A proper answer by the defendant under this rule shall be deemed
an appearance by the defendant on the return date.
d. Any summons under Wis Stat. §799.05 (6) or (7)
or §799.12(6)(c) and any notice under Wis. Stat. §799.16 (4)
shall notify the defendant of the option to answer without appearing in
court on the return date and the methods of answering permitted by this
rule.
e. Plaintiff, shall appear or have an authorized
representative appear on their behalf at the Initial Appearance.
f. The court has established a separate policy for
small claims, a copy of which is attached hereto and incorporated by
reference.
g. All post judgment motions to reopen or vacate
default judgments shall require a filing fee of $50.00 to be paid to
the Bayfield County Clerk of Circuit Court. If the court finds error
on the court which, in part, caused the default, or if the request is
denied, the filing fee shall be refunded.
903 Mediation Requirement – no rules promulgated
904 Party Identification – no rules promulgated
904.01 Parties not Properly Identified – no rules
promulgated
904.02 Change of Address – no rules promulgated
904.03 Use of Work Address – no rules promulgated
905 Return Date – no rules promulgated
906 Settlements – no rules promulgated
907 Garnishment – no rules promulgated
Part 10: Traffic/Forfeiture Practice
Effective date: June 1, 2006
1001 When a not guilty plea is entered by a defendant, in a civil
forfeiture proceeding, the court will set the matter for trial to the
court. If the defendant demands a jury trial, jury fees must be
received by the Clerk of Court within 10 days of the return date.
1002 All stipulated requests for continuance of a trial date shall
require the consent of all parties in writing or on the record and must
be for good cause shown. All non-stipulated requests for continuance
must be by written motion and hearing and for good cause shown. Any
continuance is subject to approval of the court.
1003 In civil forfeiture actions, all post judgment motions to
reopen or vacate default judgments shall require a filing fee of $50.00
to be paid to the Bayfield County Clerk of Circuit Court. If the court
finds error on the court which in part caused the default, or if the
request is denied, the filing fee shall be refunded.
1004 Obtaining Bonds on Traffic Citations – no rules
promulgated
Part 11: Late Settlement Assessments
Effective date: December 15, 2003
1101 The circuit judges request trial counsel to pursue settlement
at the earliest possible time. Recognizing the great inconvenience and
expense that can be caused to the parties, jurors, witnesses, and the
county, early settlements will be promoted by attorneys who have had
timely consultations with their clients and who are prepared to discuss
all aspects of their case.
1102 When any civil, criminal, juvenile (14 or older), or other
jury trial demand is withdrawn after 3:30 p.m. on the
proceeding business day before trial, a jury fee of not less than
$500.00, but not more than the actual jury cost to the county for a
twelve person jury ($250.00, but not more than the actual jury cost to
the county for a six person jury), will be assessed pursuant to
§815.51 Wis. Stats.
Part 12: Out-of-state lawyers
Effective date: July 1, 1994
1201 Supreme Court Rule 10.03(4) shall be strictly enforced.
1202 A non-resident lawyer who wishes to appear in an action must
petition the court in writing. The petition shall state the name of the
active member of the State Bar who will participate with the
non-resident lawyer.
1203 If the court grants the petition:
a. The active member of the State Bar shall appear in person at
all proceedings held on the record, including those held out of court,
such as depositions.
b. The active member of the State Bar shall review all pleadings,
motions and other papers to be filed with the court. Both the
non-resident lawyer and the active member of the State Bar shall sign
all pleadings and motions.
1204 The non-resident lawyer is subject to the disciplinary
authority of this state for conduct that occurs in connection with the
action. SCR 20:8.5(2)
Part 13: Policy and procedures regarding threats against the
judiciary and security incidents in the court
Effective date: July 1, 1994
1301 Threats are defined as written or oral declarations of an
intention to inflict injury or pain upon individuals employed by or
involved in the court system. Any threat shall be treated as
serious.
1302 Security incidents are episodes of conduct in the courts in
which the physical health or safety of participants or the physical
property of the courts are put at risk.
1303 All threats and security incidents are to be immediately
reported personally or by telephone to the sheriff's office.
1304 Court Security Officer
The sheriff is directed to designate an officer to serve as a
court security officer. The court security officer shall be
responsible for:
* referral and investigation of all threats and security
incidents.
* assistance in training of court personnel in handling threats
and security incidents.
* making recommendations to maximizing court security in the
future.
1305 Training
Upon hiring, every employee (including elected officials) shall
be trained in the policies and procedures of handling threats and
security incidents, including the use and completion of the report
form. Refresher training shall be scheduled for all court employees on
a yearly basis. All training shall be coordinated by the circuit
judge, clerk of court, and court security officer. To the extent
possible, such initial and refresher training should include the
following:
* the court's policies and procedures concerning threats and
security incidents.
* the physical layout of the courts and escape routes from
courtroom and court offices.
* recognizing when a threat is being made.
* responding to a bomb threat.
* responding to a hostage situation.
* techniques in remaining calm and avoiding panic during a
stressful or potentially dangerous incident.
* techniques in responding to threats and security incidents in
such a manner as to defuse the danger of the situation without placing
the individual at physical risk.
* techniques in enhancing a person's personal safety either in the
courts or elsewhere.
* telephone protocol when a threat is being made over the
phone.
* handling irate or abusive individuals in person or over the
telephone.
* knowing when to contact law enforcement because of immediate
concerns with a "panic button" rather than by telephone.
* handling threats that are made away from the courthouse.
* gathering evidence for potential prosecutions.
* using the threat/security incident report form.
* role playing activities in order to familiarize the employee with
the process or recording and reporting threats.
1306 Threat/Security Incident Report Form (GF-147)
A record shall be made of all threats and security incidents on
the Threat/Security Incident Report form. Such record shall be made
contemporaneously with the event being recorded as soon after as
possible. The original of such report shall be transmitted to the
Court Security officer. If deemed appropriate, a copy may be maintained
in the court offices affected.
1307 "Panic buttons"
The panic button shall be used only in those cases where there is
immediate dangerous or life-threatening activity that needs the
presence of law enforcement officers. The Sheriff shall instruct
officers acting under the sheriff to treat a panic button call as
dangerous or life-threatening activity in process.
1308 Telephone threats
a. All court employees shall keep a copy of the Threat/Security
Incident Report form immediately at hand beside all telephones on which
calls from outside the courts can be received.
b. To the extent possible, while the person making the threat is
still on the telephone, the report form should be completed. In not
possible, the form should be completed as soon as practical while all
information is still fresh in the mind.
c. The telephone on which a telephone threat was received should
not be disconnected or hung up until such time as law enforcement
personnel indicate that disconnecting is appropriate.
Wisconsin Circuit Court
Rules
