Brown County
Circuit Court Rules
(Eighth Judicial District)
Part 1: Publication and Revision of
Circuit Court Rules
100 Proposed rules shall be posted for public review in the
Brown County Courthouse by the Clerk of Circuit Court, and copies shall
be forwarded to the president and secretary of the Brown County Bar
Association at least thirty days prior to formal adoption. The Clerk of
Circuit Court shall makes copies available to the public.
101 Notice of proposed rules as described in Sec. 100 shall
constitute sufficient public notice.
102 Rules shall be adopted by written order of a majority of
Brown County Circuit Judges, subject to approval of the chief judge.
103 Orders adopting rules shall specify an effective date.
104 Once adopted, court rules shall be filed with the Clerk of
Circuit Court, and the Clerk of Circuit Courts shall provide copies to
the Chief Judge or designee, president and secretary of the Brown County
Bar Association, State Law Library, and State Bar Association.
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Part 2: General Rules
200 Assignment of Cases
Cases will be randomly assigned to a circuit court branch by computer
at the time of the filing of a summons and complaint/petition.
201 Facsimile Transmission of Documents to the Court
A. Pursuant to Sec. 801.16, Stats., the filing of pleadings and other
papers that do not require a filing fee may be made with the
Clerk of Circuit Court through the use of the plain-paper facsimile
machine.
Documents may be transmitted under the authority of this rule if no
additional fee or charge must be paid by the clerk of circuit court for
accepting or receiving the facsimile document.
B. Documents submitted under this rule shall not exceed 15 pages in
length, excluding cover sheet, unless an exception is approved by the
assigned judge or court commissioner on a case-by-case basis. Documents
exceeding 15 pages shall be billed to the transmitter at the rate of
$1.00 per page. If the facsimile transmission exceeds 15 pages, the
party or attorney shall certify that the assigned judge or curt
commissioner has approved the facsimile transmission.
C. Documents filed under this rule may be transmitted to the
following number: (920) 448-4156.
D. Facsimile papers are considered filed upon receipt by the clerk of
circuit court and are the official record of the court and may not be
substituted. No additional copies may be sent. The clerk of circuit
court shall discard any duplicate papers subsequently received by the
clerk of circuit court, assigned judge or court commissioner.
E. Papers filed by facsimile transmission completed after regular
business hours of the clerk of circuit court's office are considered
filed the next business day.
F. The party transmitting the facsimile document is solely
responsible for ensuring its timely and complete receipt. The assigned
judge, court commissioner or clerk is not responsible for errors or
failure in transmission that result in mission or illegible documents or
periods when a circuit court facsimile machine is not operational for
any reason.
G. Facsimile documents may be transmitted to the judge or court
commissioner for reference or other purpose, may be transmitted at the
discretion of the judge or court commissioner subject to B. above.
H. A judge assigned to a particular matter may authorize in advance
the filing of particular documents in that case that do not conform to
these rules if good cause is shown and they are in conformance with SCR
806.16.
I. If papers are transmitted to a plain-paper facsimile machine of a
noncourt agency, party, or company for the receipt, transmittal, and
delivery to the clerk of circuit court, the clerk of circuit court shall
accept the papers for filing only if the transmission complies with the
local rule or has been approved by the assigned judge or court
commissioner and certified by the party or attorney.
Rule 201 shall become effective July 1, 2001.
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Part 3: Rules of Decorum
300 Court shall be formally opened each day in which court
business is transacted either by the bailiff or the clerk of court.
301 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 open court.
All shall be seated and the business of the court shall proceed.
302 In the recessing, the judge shall announce: "The court is
now in recess."
303 The flag of the United States shall at all times while
court is in session be displayed at, on, or in close proximity to the
bench or on standard to the right of the judge.
304 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 public.
305 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. In no case shall a witness be crowded during examination.
306 When a lawyer or party is addressing the jury, he or she
shall not crowd the jury box.
307 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.
308 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.
309 Lawyers, Court Reporters, Deputy Clerks, and Bailiffs
shall, while in attendance upon the court, wear professional business
attire so as not to lessen the dignity of the court or of proceedings in
the eyes of the jury and public.
310 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.
311 Witnesses shall be examined with courtesy and respect, and
their good faith presumed until the contrary appears.
312 The swearing of witnesses shall be an impressive ceremony
and not a mere formality.
313 In jury cases which are disposed of upon a motion for
nonsuit or directed verdict, the judge in dismissing the jury should
briefly explain the procedure and why a verdict was necessary.
314 The judge shall wear a robe while presiding on the bench,
provided that judicial discretion may be exercised otherwise in proper
situations.
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Part 4: Civil Practice
400 All civil cases will be reviewed for proof of service and
answer 135 days after filing. If, at that time the case file reveals
that the case has not reached issue, a dismissal order or default
proceeding may be initiated by the court.
Amended October 2001
401 Motions - General Filing Requirements
All motions shall be heard at a date and hour set by the judge or the
judge's designee. It is the attorney's responsibility to schedule the
motion with the court. A motion filed only with the clerk of court will
not be scheduled until a specific request by phone or in writing is made
of the court for a date and time. Motion, supporting documents and
briefs shall be filed at least 20 days before the hearing date unless
provided otherwise by these rules or order of the court. Any motion
requiring an evidentiary hearing may be placed at the foot of the motion
calendar or scheduled for some other time convenient to the court's
calendar.
402 General Motions
All motions shall state the supporting statute or statutes. A brief
statement of facts and proposition of law relied upon with citation of
the authorities in support of the relief requested may be required.
Briefs on all motions except Summary Judgment motions (See Rule 404)
shall be no more than seven, double-spaced pages. All documents shall be
served upon the opposing party and filed with the court at least 20 days
before the hearing. The opposing party shall serve and file a written
response with a citation of authorities at least 10 days before the
hearing.
403 Telephone Motions
Telephone motions or scheduling conferences can be arranged by
calling the judge's judicial assistant. After approval by the court, a
date and time will be set by the judicial assistant. The party
requesting the telephone motion or scheduling conference is responsible
for notifying all parties, initiating the call, and connecting all
parties to the call who wish to appear by telephone.
404 Motion for Summary Judgment
Time for Filing
The parties may file motions for summary judgment within eight months
of the filing of the summons and complaint or within the time set in the
scheduling order. They shall be scheduled so as to satisfy the briefing
schedule established by the court or by these rules.
Briefing Schedule
The motion with all supporting documents shall be filed with the
clerk of courts, a courtesy copy to the judge, and served upon opposing
parties at least 60 days before trial date. The court shall enter a
scheduling order setting forth times for opposing affidavits to be filed
and for the briefs of both parties to be filed. A hearing date may be
set if requested by any party. All briefs must be received at least 10
days before the trial.
Form of Submission
The briefs supporting and opposing the motion for summary judgment
shall be limited to 15 double-spaced pages. Reply briefs shall be
limited to seven double-spaced pages. All supporting affidavits and
documents shall be attached as appendices to the motion or briefs.
Reference to documents in the case file or depositions is not permitted.
Pertinent parts of documents, depositions, interrogatories or admissions
shall be reproduced and attached as part of the appendices. The specific
parts sought to be utilized shall be color lined.
Noncompliance
Noncompliance will be the basis for imposition of sanctions including
dismissal, striking of papers, imposition of terms, and such other
appropriate sanctions.
405 Discovery Motions
Good Faith Effort to Resolve
All motions to compel discovery pursuant to Chapter 804 Wis. Stats.
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 conference.
Limitations
The court may upon its own initiative after reasonable notice, or
pursuant to a motion, limit the number of depositions and
interrogatories and may also limit the length of depositions. Written
interrogatories are limited to 30 questions including subparts. 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:
(i) the discovery sought is unreasonably cumulative or duplicative, or
is obtainable from some other source that is more convenient, less
burdensome, or less expensive;
(ii) the party seeking discovery has had ample opportunity by discovery
in the action to obtain the information sought; or
(iii) 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.
Meeting of Parties; Planning Discovery
Except in actions exempted by the court in the scheduling order, the
parties shall, as soon as practicable and in any event at least 30 days
after the scheduling conference or a scheduling order, meet and discuss
the nature and basis of their claims and defenses and the possibilities
for a prompt settlement or resolution of the case, shall select the form
of Alternate Dispute Resolution and the neutral and when necessary to
develop a discovery plan.
Briefs
The person seeking discovery shall state specifically what
information is sought and the reasons supporting the production. The
person refusing to produce the information shall state why the
information sought is not discoverable. Blanket contentions of work
product are insufficient. Specific reasons must be stated for each
denial of information.
406 Default Judgment
- Mortgage Foreclosures.
A hearing with notice to defendant is required before entry of a default
judgment in all mortgage foreclosures. Hearings may be held by
affidavit.
- Large Claim Civil Action.
Where a defendant has not filed a timely answer, a plaintiff may obtain
a default judgment without a hearing upon the filing of appropriate
supporting information as required by Sec. 806.02(2) and (3), Stats.
A judge may in any case require a hearing or further proof regarding
service, claims, damages, costs, or other issues if the judge deems the
same to be necessary.
Rule 406 shall become effective February 11, 2002
407 Mortage Foreclosure
All default judgments in mortgage foreclosures shall be scheduled for
a hearing in open court, due notice of which shall have been given to
all defendants at least 10 days before the hearing. If all parties
consent or no defendant appears at the scheduled hearing, the court may
grant a default based on affidavits or testimony.
408 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.
The judge may in any case require all parties to be present personally
at the pretrial.
409 Scheduling
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 a calendar in court, a date will be set in
accordance with the judge's calendar. Telephone scheduling can be
arranged by calling the judge's judicial assistant. See Rule 403.
410 Continuance of Trial Date
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. Requests for continuance must be on motion and
hearing and for good cause shown by the party or with the party's
written consent. All requests for continuance are subject to the
approval of the court.
411 Extraordinary Writs
This rule shall apply to the filing and handling of Writs of Habeas
Corpus, Certiorari, Mandamus, Prohibition and Quo Warranto.
The petition or application must first be filed with the Clerk of
Courts. This includes the payment of the appropriate filing fee (or an
order waiving the same) and authentication of the action by the
clerk.
The matter will then be randomly assigned to a Branch of the Circuit
Court pursuant to the most recent Circuit Court rotation plan.
Writs of Habeas Corpus shall be assigned to Branches handling felony
matters.
The remaining Writs shall be assigned to Branches handling civil
matters.
Only after the above steps are complied with may the matter be
presented to the assigned judge for the judge's signature and/or
scheduling.
The above do not apply to Writs of Habeas Corpus Ad Testificandum or
Prosequendum. These Writs should be submitted to the court assigned the
particular case involved.
412 Harassment Restraining Orders and Injunctions
The clerk shall ensure that the petitioner has signed the moving
papers and that the signature is notarized. The clerk will ensure that
all relevant paragraphs on the petition and other papers are complete
and stated with specificity. The clerk should also inquire whether or
not the parties are currently or have formerly resided together, and if
they have, then advise the parties of the availability of the domestic
abuse injunction in the appropriate case. The clerk shall also determine
whether or not any other actions between the parties are pending. If
there are, the court commissioner assigned shall be so informed.
The court commissioner shall review all petitions as to form and
substance. If satisfactory, the court commissioner will explain the
procedure to the petitioner, including petitioner's obligation to
present evidence under oath before the court, and explain that the
petitioner has the burden of proof. If the petitioner seeks to have the
filing fees waived due to indigency, the commissioner shall determine
the question of indigency.
All Child Abuse, Harassment and Domestic Abuse Temporary Restraining
Orders and Injunctions issued under Chapter 813 shall be served by the
Brown County Sheriff's Department.
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Part 5: Criminal Law Practice
500 Assignment of Cases
Felonies & Misdemeanors
Where two or more defendants are charged in one
complaint, the Clerk of Court's Office will open a file for each
defendant. If the computer assigns the cases to different branches, the
cases shall all be handled by the branch assigned the case bearing the
lowest file number.
Felonies
Where a defendant has a pending felony file, any subsequent felony
criminal cases, including traffic felonies, will be assigned to the
felony court.
Misdemeanors & Traffic
Where a defendant has a pending traffic file and a subsequent
misdemeanor charge is filed, the traffic case will be reassigned to the
misdemeanor court.
Traffic
Of none of the above apply, then all Criminal Traffic (CT) and
Traffic (TR) cases will follow the case in that category bearing the
lowest file number. If a defendant has pending both CT and TR cases, the
TR case will follow the lowest numbered CT case.
After a defendant has entered a change of plea and been convicted
under any of the above circumstances and new charge(s) are filed, the
above do not apply and the new charge(s) will be randomly assigned to a
circuit court branch pursuant to the current rotation plan.
For the purpose of disposition only and to accommodate the parties,
counsel and the courts, all pending matters may be consolidated in one
branch with the consent of the parties and the circuit court branches
involved.
501 Continuances
All stipulated requests for a 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 a continuance must be
on motion and hearing with good cause shown by the party. All requests
for continuance are subject to the approval of the court.
502 Motion Practice
All discovery demands/motions shall be filed and served on the
opposing party within 10 days of the arraignment. All such demands or
motions shall be complied with or objected to, in writing, within 7 days
thereafter. Any motions to compel discovery shall be filed within 10
days of the latter date.
All other motions (including suppression motions, motions in limine,
and other 901.04 Stats., motions) shall be filed and heard no later than
7 days prior to the time set for the trial. It is the responsibility of
the attorney filing the motion to obtain a hearing date by contacting
the court's deputy clerk or judicial assistant. All motions shall be
supported by affidavits or other papers setting forth, with
particularity, the grounds therefore.
503 Stipulations
The court shall be informed of all agreed facts in writing prior to
trial.
504 Witnesses
Attorneys will be expected to list their potential witnesses during
voir dire for the benefit of the jury.
505 Exhibits
In cases where each attorney has more than five exhibits, they shall
be listed and marked in the clerk of court's office prior to trial.
506 Jury Instructions/Verdicts
The proposed instructions, verdicts and applicable law shall be filed
with the court no later than the Thursday before trial. The court will
generally give the Wisconsin Criminal Jury Instructions. Pattern
instructions may be requested by number only. Pattern instructions
containing alternative paragraphs to be selected or blanks to be filled
in must be submitted in final form. Special instructions submitted must
contain citations to the applicable law.
507 Jury Trials
Felonies
The Court shall be notified by the final conference or by noon of the
Thursday prior to trial, whichever occurs first, whether or not the case
will be tried.
Misdemeanor/Traffic
The court shall be notified by noon of the Thursday prior to trial
whether or not the case will be tried.
This rule is instituted to provide sufficient time for the clerk's
office to notify jurors and for the court to prepare for the trial.
508 Indigency Determination/Fine Review
All reviews of indigency determinations and of a defendant's ability
to pay monetary obligations shall be heard by a court commissioner.
509 Competency
The court assigned a case will hear any competency questions which
may be raised.
510 Plea Forms
A plea and waiver of rights form must be completed and signed by the
defendant prior to a change of plea hearing being called.
511 Scheduling Orders
Each judge may supplement these rules with scheduling orders.
512 Presentence Reports
Counsel
Presentence reports are confidential. Clients may only review them in
the presence of counsel. Counsel must ensure that no one but the client
sees them.
Pro se
Pro se defendants must review their presentence reports in the
courthouse as directed by the sentencing judge.
Copies of presentence reports will be made available by the court
only for these purposes and no other copies may be made. The original
will be retained in a sealed envelope in the court file. All copies
shall be destroyed immediately after sentencing.
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Part 6: Small Claims Practice
600 In suits for money judgments, service of summons may be by
personal service, substituted service or, if within Brown County, by
mail sent by the Brown County Clerk of Courts. Eviction actions require
personal or substituted service. Replevin actions may be commenced by
personal service, substituted service or, if within Brown County, by
certified mail.
601 Where personal, substituted, or mail service has failed,
plaintiff may request permission of the Court on the return date for
publication to establish personal or in rem jurisdiction. Where personal
and substituted service has failed in eviction actions, adjournment of
the return date, posting, and mailing is the procedure.
602 Both Plaintiff and Defendant must appear in person or by
an attorney, in person, at the return date of the summons.
603 Financial Disclosure Statements: In small claims actions
the petition and order for hearing of contempt on the failure to file a
financial disclosure statement must be served personally if the moving
party wants to request a bench warrant or other sanction for the
judgment debtor's nonappearance.
The petitioner must appear in person unless represented by an
attorney. Upon request, an attorney may appear by telephone. If an
attorney appears by telephone, the attorney will be bound by any
information submitted to the court by the respondent.
Effective September 25, 2002.
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Part 8: Family Law Practice
800 Contract Guardians ad Litem
a. The Court shall require one or both parties to deposit partial
prepayment of the guardian ad litem fee in the amount of $1,000.00 to
the Clerk of Circuit Court's office upon appointment of a contract
guardian ad litem in all applicable cases and in the amount of $300 to
the Clerk of Circuit Court's office upon appointment of a contract
guardian ad litem in marital presumption cases. The Court may increase
the deposit amount if a party has the ability to pay the increased
amount. The Court may reduce the deposit amount or waive the deposit
amount or waive the deposit requirement if a party is indigent using
appropriate indigency standards and court determination of such
indigency. The Court may permit a party to pay the deposit in
installments if no other method of payment is available. This subsection
does not apply to a Guardian ad Litem appointed to represent a minor
parent in a paternity proceeding.
b. A guardian ad litem appointed in an action affecting the family
shall provide a monthly billing to the parties or their counsel.
c. The guardian ad litem shall appear at the final hearing in divorce
or paternity proceedings with a statement of fees. In a divorce action,
the Court will consider the guardian ad litem fee a marital liability in
~ the property division. The guardian ad litem shall be required to make
a report to the Court as to the existence of any liquid assets available
to pay any remaining guardian ad litem fees. Sources of funds to be
explored include, but are not limited to:
i. Potential equalization payments in the property division.
ii. Existing bank accounts.
iii. Tax refunds
In a paternity action, the Court will allocate responsibility for
payment of the fee in the judgment.
Prior to commencing any work on a file the guardian ad litem shall be
required to verify that the required deposit(s) have been made. If any
required deposit was not made any work performed after the due date for
the deposit shall not be reimbursed.
In the case of deposits being made on an installment basis the
guardian ad litem shall verify monthly that the installments have been
made. In the event that all installments have not been made, the Clerk
of Courts Office may determine that the party(ies) are substantially in
compliance and waive the penalty clause for the guardian ad litem. Any
denial by the Clerk of Courts way be the - subject of a de novo review
by the Court.
When twenty billable hours of service has been provided by the
guardian ad litem, the guardian ad litem shall be required to submit a
request to the Court, along with a proposed order, requiring each
litigant to deposit an additional $250.00 with the Clerk of Courts
Office. Thereafter, the guardian ad litem shall request an additional
$250.00 deposit for each subsequent billable 10 hours of work performed
submitting written request to the Court along with a proposed order.
d. The Court shall order either or both parties to pay all or part of
the compensation of the guardian ad litem. If both parties are indigent,
the court may direct that the county of venue pay the compensation. See,
Sec. 767.045(6), Wis. Stats.
e. The Court may order a separate money judgment for unpaid guardian
ad litem fees so the county can docket the judgment.
Effective February 24, 2003.
801 Not withstanding Rule 800, the parties to an action
affecting the family may stipulate to the appointment of any qualified
attorney as guardian ad litem for the minor children.
The appointed attorney shall be compensated at the rate set by
Supreme Court Rules, Sec. 81.02. The parties shall pay a $1,000 deposit
to the Clerk of the Circuit Court to secure payment of the guardian ad
litem fee. The parties shall expressly agree they have the ability to
pay the guardian ad litem fee, and they shall agree to not seek payment
of the fee from Brown County. The guardian ad litem shall consent to not
seek payment of the fee from Brown County. The parties' stipulation is
subject to court approval.
This rule is an alternative to the appointment of an attorney who is
under contract to Brown County. The rules does not restrict the circuit
court's statutory authority to appoint a guardian ad litem of the
court's choice.
802 Pretrial Hearings
Where the litigants appear pro se, there shall be a pretrial
conference before the family court commissioner 20-30 days prior to
trial. Where the litigants appear by counsel, any pretrial conference
will be before the judge.
803 Custody and/or Paternity Issues
If custody or paternity is not raised in the pleadings or at the
scheduling conference, the issue will not be tried unless a motion for
good cause is brought before the court to amend the pleadings.
If, during a final divorce hearing, the court or family court
commissioner is informed that the wife is pregnant, and there is a
dispute as to paternity, or if both parties assert that the husband is
not the father of the unborn child(ren), a judgment of divorce may be
granted. If a divorce is granted, the court or family court commissioner
shall expressly reserve jurisdiction as to paternity, and appoint a
guardian ad litem to represent the interests of the unborn child(ren)
and take appropriate steps to establish paternity.
804 Rules of Civil Procedure
You are put on notice: The Courts of Brown County will follow
the Rules of Civil Procedure in divorce proceedings (Chapters 801
through 807, Wis. Stats.)
805 Court Mandated Discover (Sec. 804.09, Wis. Stats)
Items required at the pretrial hearing:
- In every case where property is contested, the parties must exchange
a completed FINANCIAL DISCLOSURE OF ASSETS AND LIABILITIES AND PROPOSED
PROPERTY DIVISION form by the day of pretrial, and present to the court
on the date of pretrial the above form or its equivalent. Forms are
available at the Family Court Commissioner's Office.
- Statement of position as to child support.
- 805(3) repealed October 31, 2001
- 805(4) repealed October 31, 2001
The family court commissioner shall present the above-noted forms and
a copy of the court rules to out-of-county attorneys when they appear
for the temporary order hearing.
806 Failure to Comply with Discovery Requirements
Failure to prepare the required discovery documents will result in
penalties under the Rules of Civil Procedure.
The court shall impose sanctions under Sec. 804.12(2)(a), Wis.
Stats.
807 Written Statement of Statutory Admonitions
Prior to the final hearing, each party shall sign a written statement
of receipt of notice of statutory admonitions which states that they
have read the admonitions and had the opportunity to discuss it with an
attorney. Forms are available at the Family Court Commissioner's
Office.
808 Postjudgment Motions
All post-judgment motions for revision of judgment except motions
solely for the revision of maintenance shall be heard first by the
Family Court Commissioner. If either party feels the motion should be
heard by the court, a motion to bypass this procedure should be filed
with the court. (See Sec. 767.11, Wis. Stats., where legal custody or
physical placement are contested.)
For contempt motions, the Family Court Commissioner shall make
findings of fact and law; recommendations as to any conclusions of law;
and a determination either by stipulation or order whether or not a
party is in contempt with recommended sanctions and purge conditions.
The commissioner will then certify all of the above to the branch of the
circuit court assigned to the case.
Within 10 days of the Family Court Commissioner's certification,
either party may seek a review of it. The motion for review shall not be
stated in general terms, but shall set forth with specificity the relief
sought. This will not be a de novo hearing, but an opportunity for a
party to show cause why the Family Court Commissioner's decisions should
not become the order of the court. If neither party asks for a hearing
before the judge within 10 days of the certification and the judge
agrees to the findings, the court commissioner's certification is
changed to an order.
Dated May 28, 2004.
809 Notice to Child Support Agency
The Clerk of Courts shall routinely send court calendars to the Brown
County Child Support Agency.
When any party is receiving AFDC (Aid to Families with Dependent
Children), has applied for AFDC, has received AFDC during the pendency
of the action, or an arrearage exists in favor of the State of
Wisconsin, the moving party shall serve notice of the action on the
Brown County Child Support Agency at the commencement of the action or
as soon as it is discovered that a party is receiving AFDC in accordance
with Section 767.15, Wis. Stats. The moving party shall provide the
Brown County Child Support Agency with a copy of the financial
disclosure statement, the final stipulation, if any, and the Findings of
Fact, Conclusions of Law and Judgment of Divorce.
810 Educational Program Concerning the Effects on a Child of a
Dissolution of a Marriage
1. All parties to actions for divorce or legal separation with
children shall complete an educational program, not to exceed four hours
in length, concerning the effects on a child of a marriage dissolution
if these are minor children of the marriage.
2. Parties shall attend and complete the educational program within
sixty days of the service of the Summons upon the respondent or within
sixty days of filing in the case of a joint petition. The parties shall
each provide proof of completion of the program to the Family Court
Commissioner's Office or the Court.
3. The Circuit Court or the Family Court Commissioner may require the
parties to complete the educational program as a condition to granting a
final judgment in divorce or legal separation as provided at Sec.
767.115(2) Wis. Stats. The Family Court Commissioner or the Circuit
Court may excuse a party from participating in the educational program
upon written request and a showing of hardship.
811 Custody and Visitation Studies and/or Psychological
Evaluations
In all cases where custody, physical placement and visitation studies
and/or psychological evaluations have been ordered, a notice of the
filing of said study/evaluation shall be given by the court to the
attorneys for the parties, the guardian ad litem and any unrepresented
party who may then review the same in the offices of the Family Court
Commissioner or the branch of the circuit court where the action is
pending.
Any attorney for any party, the guardian ad litem and an
unrepresented party may obtain a copy of any custody, physical placement
and visitation study and/or psychological evaluation in any case
involving said guardian ad litem, attorney for any party or such party,
by submitting a written request for a copy of said report. Release of
said report shall be subject to the following conditions:
1. Said report shall not be reproduced in any fashion by said
attorney, guardian ad litem or unrepresented party.
2. Any such attorney, guardian ad litem or unrepresented party shall
be advised that the contents of such report should not be disclosed to
any person or persons other than a party to the case wherein the custody
or visitation study/evaluation has been made.
3. Copies of such reports shall be returned to the Court upon
completion of the case.
4. An Order releasing such report and containing the text of
paragraphs 1, 2 and 3 above shall be attached as a face sheet to such
report.
812 Review of Family Court Commissioner Decisions
Any party may request a De Novo hearing on matters heard by
the Family Court Commissioner. Absent a showing of extraordinary
circumstances, all such requests for hearing shall filed no later than
30 days after the Family Court Commissioner's decision has been
issued.
Effective October 25, 2002
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Part 9: Policy and Procedures Regarding
Threats Against the Judiciary and Security Incidents in the Courts
900 Threats are 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.
901 Security incidents are episodes of conduct in the courts
in which the health or safety of participants or the property of the
courts or others are put at risk.
902 All threats and security incidents are to be immediately
reported personally or by telephone to the court security officer.
903 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.
904 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 at
least a yearly basis. All training shall be coordinated by the circuit
judges, clerk of courts 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 courtrooms
and court offices;
- recognizing when a threat is 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 of recording and reporting threats.
905 Threat/Security Incident Report Form (BC-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 or as soon after as
possible but in no event later than 48 hours after the incident. 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. The court security officer will distribute copies to
the District Court Administrator and the Administrative Supervisor.
906 "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 a dangerous or
life-threatening activity in progress.
907 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. If not
possible, the form should be completed as soon as practical while all
information is still fresh in the mind.
908 Review of Security Incidents
The Court Security Officer, District Court Administrator, and
Administrative Supervisor for the Circuit Courts will meet quarterly to
review any incident reports filed and will make a report to the Brown
County Circuit Judges, County Executive, Brown County Sheriff, and
Public Safety Chairperson.
909 Report to PPAC
Security Facilities Committee shall make a quarterly report to
PPAC.
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