Calumet County
Circuit Court Rules
(Fourth Judicial District)
Rule No. 1: Family Court Commissioner
Assignments and Stipulated Hearing Procedures
1.0 The purpose of this rule is
to codify the existing practice with respect to hearings before the
Family Court Commissioner, and to expand the Family Court Commissioner's
authority where authorized by statute to relieve the burden placed on
the judge by the weight of the caseload.
1.1 Paternities:
As authorized by Wisconsin Statutes 767.458 and 767.46, the Family Court
Commissioner shall preside over all first appearances and pre-trials in
paternity proceedings, and shall determine support and enter judgments
if the alleged father voluntarily acknowledges paternity of the child.
If paternity remains contested after pre-trial hearings and receipt of
blood-test reports, the Family Court Commissioner shall notify the judge
actually assigned the case so it can be set for trial.
1.2 Divorce Final Hearings:
The Family Court Commissioner, pursuant to Wisconsin Statute
767.13(5)(a), may preside at any hearing held to determine whether a
judgment of divorce shall be granted, if both parties state that the
marriage is irretrievably broken, and that all issues, including but not
limited to division of property or estate, legal custody, physical
placement, child support, spousal maintenance, and family support, are
resolved, or if one party does not participate in the action for
divorce.
1.3 Enforcement or Revision of Judgments:
The Family Court Commissioner may, as authorized by Wisconsin Statute
767.13(5)(b), conduct hearings and enter judgments in all post-judgment
actions for enforcement of or revision of judgment for maintenance,
child support arising out of divorce, paternity, or URESA proceedings,
custody, physical placement, or visitation.
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Rule No. 2: Juvenile Court Procedure
2.0 Wisconsin Statutes Chapters 48 and 938 are
controlling in all juvenile activities.
2.1 All requests for adjournments must be in writing
and received no later than 48 hours prior to hearing. Adjournments will
be allowed upon showing of good cause for case delay.
2.2 Court reports shall be filed with the juvenile
clerk 72 working hours prior to the dispositional hearing. The juvenile
clerk shall distribute the copies to interested parties. Failure of the
reporting agency to file in a timely manner shifts the burden of copy
distribution to the reporting agency. Court ordered psychological
evaluations shall be filed as directed by court order and copies shall
be distributed by the juvenile clerk to all counsel upon the filing of
the report. Counsel who have received copies of reports hall be
responsible for maintaining the confidentiality of information contained
in the reports distributed to them and the Department shall not be
liable for the indiscretions of counsel.
2.3 The Juvenile Clerk's office shall prepare all
juvenile dispositional orders within five business days of the
dispositional hearing. The court may designate responsibility for the
preparation of orders to another party as deemed appropriate.
2.4 an admission questionnaire must be completed
prior to the acceptance of any guilty pleas.
2.5 When appropriate, the juvenile clerk shall
select a Guardian ad Litem, from a predetermined list, prepare an Order
Appointing Guardian ad Litem, obtain the court's signature and, if
appropriate, obtain consent from appointed counsel.
2.6 6 Juvenile court records and juvenile intake
records are deemed confidential and disclosure of same shall only occur
when allowed by Statute and/or court order where required.
2.7 Juvenile case records are the responsibility of
the juvenile clerk and are not to be removed from that office without
permission of the juvenile clerk or deputy. Intake records are the
responsibility of juvenile intake which shall establish procedures for
their care and custody.
2.8 Absent a showing of conflict, recoupment of
attorney fees will be ordered in al public defender actions by procedure
established.
2.9 Effective January 1, 1993 and amended July 20,
1999.
Dated this 29th day of July, 1999.
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Rule No. 3: In the Matter of the Release
of Arrestees on Bond By Law Enforcement Agencies
Amended 11/19/93
To All Calumet Law Enforcement Agencies:
1. All persons arrested for a misdemeanor, including
a misdemeanor traffic offense, shall be eligible for
release without a cash bond as provided in the Preamble for the
Uniform Misdemeanor Bail Schedule as established by
the Wisconsin Judicial Conference (see page 68 of the 1993 Uniform Bond
Book) and as amended from time to time unless bail is otherwise set by
the court.
2. All persons released by a law enforcement agency
with or without the posting of cash bail shall be
required to execute an appearance bond on Form COC-82, a copy of which
is attached and which may also be revised from time to time. For one
arrested for misdemeanors and/or traffic misdemeanors and released on
appearance bond, the amount of the signature bond shall be the amount
designated in the Uniform Bond Schedule for such offense.
3. When Applicable, bonds shall
have the following specific conditions attached:
A. If the charge involves the use of a dangerous weapon, the arrestee
shall not be allowed to possess a dangerous weapon.
B. If the non-traffic related charge involves the consumption of
alcohol, the arrestee shall be ordered not to consume alcohol or illegal
drugs.
C. If the charge involves violence directed at another's person, the
arrestee shall be ordered to have no contact with the alleged
victim.
D. If the charge involves operation of a motor vehicle while under the
influence of an intoxicant, the arrestee shall be ordered to maintain
absolute sobriety when operating a motor vehicle.
E. It the charge involves operating a motor vehicle without a license or
privilege to operate, the arrestee shall be ordered not to operate
unless lawfully licensed.
4. This order is not intended nor shall it
contravene any provision of The Wisconsin Statutes in conflict
with any provision of this order.
Dated: November 19, 1993
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Rule No. 4: In the Matter of Limiting the
Release of Judgment Information
WHEREAS, the Clerk of Courts receives inquiries for information
relating to docketed judgments and liens; and
WHEREAS, the release of such information involves additional work and
substantial liability for the Clerk of Courts office;
IT IS THEREFORE ORDERED, in the interest of economy and the
protection of the County from unnecessary liability that the Clerk of
Courts office shall not answer inquiries for information concerning the
existence of docketed judgments and liens, and that judgement records
will be open to public inspection during normal court business
hours.
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Rule No. 5: Facsimile Transmission of
Documents To the Court
5.1 Facsimile documents
transmitted directly to the courts shall be accepted for filing only
if:
a. The circuit court has a facsimile machine capable of reproducing
documents that meet Supreme Court Rule 72.01 concerning retention of
filed documents. Only plain-paper facsimile machines currently comply
with this requirement.
b. The Circuit Court has a facsimile machine physically located within
the offices of the Clerk of Circuit Court or the Register in
Probate.
c. The document does not exceed fifteen (15) pages in length, excluding
cover sheet.
d. No filing fee is required.
e. No additional fee or charge must be paid by the Circuit Court for
accepting or receiving the facsimile document.
f. Facsimile filings shall be in compliance with SS 801.16 as amended
from time to time.
5.2 Facsimile documents transmitted to a non-court
agency, party or company for reception and ultimate transmittal to the
court shall be accepted for filing only if:
a. No filing fee is required
b. No additional fee or charge must be paid by the Circuit Court for
accepting or receiving the facsimile document.
5.3 The party transmitting the facsimile document is
solely responsible for ensuring its timely and complete receipt.
5.4 The Circuit Court, Judge or Clerk of Court is
not responsible for:
a. Errors or failures in transmission that result in missing or
illegible documents.
b. Periods when a Circuit Court facsimile machine is not operational for
any reason.
5.5 A Judge assigned to a particular matter may
authorize in advance the filing of particular documents in that case
that do not conform to these rules if good cause is shown and they are
in conformance with 801.16.
5.6 Documents that are not to be filed but are to be
used by the Court for reference or other purpose may be transmitted by
facsimile transmission at the discretion of the Judge or Clerk.
Dated this 17th day of July 2001
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Rule No. 6: Jurors, Jury Commissioners
and Clerk of Court Authority
6.1 No juror shall be required to serve more than
ten (10) days during the three (3) month juror term. The 10 days shall
include days that a juror appears for jury duty, whether chosen to serve
on the panel or not. Should the length of a trial result in a juror
serving more than ten (10) days, any such juror shall still serve
despite previous service during the term.
6.2 By resolution of the County Board of
Supervisors, Jury Commissioners will no longer be required. The Clerk of
Circuit Court is authorized to perform the functions of the Jury
Commissioners per Sec. 756.03(l).
6.3 Any person or group of persons may be excluded
from service as jurors by order of the Judge. Such finding will be based
on a finding that jury service would entail undue hardship, including
undue hardship caused by the aging process, extreme inconvenience or
serious obstruction or delay in the fair and impartial administration of
justice as set forth in 756.02(2). The Clerk of Circuit Court may excuse
an individual juror for a portion of that juror's term for the foregoing
reasons or upon a personal emergency upon proper application. The
exclusion or excuse shall continue for a period deemed necessary by the
Judge or the Clerk of Circuit Court.
6.4 Should the Clerk of Circuit Court exclude or
excuse a juror, the Clerk shall secure from the person a sworn statement
that provides evidence of the grounds for the exclusion or excuse.
Dated this 30th day of November, 1993
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Rule No. 7: Procedure for Filing Case
Materials in Out-of-County Judicial Assignments
To promote the orderly filing of case materials in out-of-county
judicial assignments and protect the integrity of the case record, this
policy is hereby adopted.
7.1 Upon specific assignment of case responsibility
to a judge outside the county where the action was commenced, all
subsequent filing of original case materials and a copy thereof shall be
made to the Clerk of Court where the action was filed. The Clerk of
Court shall file-stamp both the original and the copy.
7.2 The Clerk of Court shall thereupon mail a
conformed copy to the assigned judge and place the original filing in
the case file, subject to section 7.3.
7.3 Where the assigned judge requested and has
possession of the original case file, the Clerk or Court shall mail the
original filing to the Judge assigned. The Clerk of Court shall retain
the copy and docket receipt of same.
7.4 At request of the assigned judge, the judge's
copy of all filings shall be sent directly to the judge
contemporaneously upon filing the original with the Clerk of Circuit and
Rule 7.2 shall not apply.
Dated this 30th day of November, 1993
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Rule No. 8: Calumet County Alcohol
Diversion Program Procedure and Penalties
8.1 The Calumet County Alcohol Diversion Program has
been developed to provide an optional educational program to juveniles
who have been cited for violation of s. 125.07(4)(b) stats., s.
125.09(2) stats. or an ordinance in strict conformity therewith. The
purpose of this program is to educate and increase a juvenile's
self-awareness about alcohol and its effect on his/her life. The
program's goal is to reduce repeated and/or more serious alcohol related
offenses.
8.2 Any person under the age of 18 years who is
cited or found guilty of such an offense in Calumet County is eligible
to participate in the program. A resident child adjudicated in another
jurisdiction of such an offense may also participate if permitted by the
sentencing court. A child may only be admitted to the program once
within a 24 month period.
8.3 All eligible children cited for a such a
violation shall be informed of this alcohol diversion program. At
disposition, the child shall be given the option of entering the program
or of paying a fine and suffering a driver's license suspension. The
child will be advised that he/she is responsible for all costs of the
program. If participation is elected by the juvenile, later
noncompliance may result in the stayed penalties being reinstated in
accord with Sec. 48.344(2g)(d) stats.
8.4 If a child appears and fails to have the
required documentation, the Court may give the child five days to bring
the same to the Clerk of Court's Office.
8.5 If a child fails to have a parent/adult present
or to have attended the orientation session required for participation
in the program, the Court may reset the hearing.
8.6 Upon a juvenile's nonappearance, a default
judgment shall be entered and the following penalties may be
imposed:
| a. First Offense: |
Forfeiture: $30.00 + Costs |
DL Suspension: 30 days |
| b. Second Offense: |
Forfeiture: $60.00 + Costs |
DL Suspension: 60 days |
| c. Third (and subsequent) Offense: |
Forfeiture: $100.00 + Costs
|
DL Suspension: 90 days |
8.7 If a child appears in court and chooses to
enroll in the program, the following penalties may be imposed and shall
be stayed:
| a. First Offense: |
Forfeiture: $30 + costs |
DL Suspension: 30 days |
| b. Second Offense: |
Forfeiture: $60 + costs |
DL Suspension: 60 days (last 30 days only stayed). |
| AODA Assessment and follow through with recommendations. |
8.8 Upon a finding of guilt, an adjudication shall
be entered on the record.
8.9 Third and subsequent offenders for such
violations shall not be eligible for participation in the program.
8.10 Effective date: February 1, 1995,
8.11 All statutory citations contained within this
rule shall be deemed to include all subsequent amendments or renumbering
of any such state statute.
Dated this 30th day of January 1995.
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Rule No. 9: Temporary Detention of
Juveniles Found to Be Delinquent
9.1 Pursuant to subsection 938.355(6d) of the
Wisconsin Statutes, if a juvenile who has been adjudged delinquent
violates a condition specified in the juvenile's court order, the
juvenile's caseworker may, without a hearing, take the juvenile into
custody and place the juvenile in a secure detention facility or
juvenile portion of a county jail that meets the standards promulgated
by the Department of Corrections by rule or in a place of nonsecure
custody designated by the caseworker for not more than 72 hours while
the alleged violation is being investigated, if at the dispositional
hearing the court explained those conditions to the juvenile and
informed the juvenile of the possibility of that placement or if before
the violation the juvenile has acknowledged in writing that he or she
has read, or has had read to him or her, those conditions and that
possible placement and that he or she understands those conditions and
possible placement.
9.2 Pursuant to subsection 938.355(6d) of the
Wisconsin Statutes, if a juvenile who has been found to be in need of
protection or services under section 938.13 of the Wisconsin Statutes
violates a condition specified in the juvenile's court order, the
juvenile's caseworker may, without a hearing, take the juvenile into
custody and place the juvenile in a place of nonsecure custody
designated by the caseworker for not more than 72 hours while the
alleged violation is being investigated, if at the dispositional hearing
the court explained those conditions to the juvenile and informed the
juvenile of the possibility of that placement or if before the violation
the juvenile has acknowledged in writing that he or she has read, or has
had read to him or her, those conditions and that possible placement and
that he or she understands those conditions and that possible
placement.
9.3 If a juvenile is held in a secure detention
facility, juvenile portion of a county jail or place of nonsecure
custody for longer than 72 hours, the juvenile is entitled to a hearing
under Section 938.355(6)( c) or Section 938.21 of the Wisconsin
Statutes. The hearing shall be conducted in the manner provided in
subsection (6) or Section 938.21 the Wisconsin Statutes, except that for
a hearing under Section 938.21 the hearing shall be conducted within 72
hours, rather than 24 hours, after the time that the decision to hold
the juvenile was made and a written statement of the reasons for
continuing to hold the juvenile in custody may be filed rather than a
petition under Section 938.25 of the Wisconsin Statutes.
9.4 Effective July 1, 1996.
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Rule No. 10: Bond Order - Domestic
Abuse Cases
WHEREAS Wisconsin Act 346 became effective on April 1, 1989 and this
Statute, concerning domestic abuse cases has some provisions concerning
contact prohibition upon arrest, the Circuit Court of Calumet County
orders the following in an attempt to provide bond conditions consistent
with this Statute, and to continue conditions which have been "j
successfully enforced in the past;
IT IS HEREBY ORDERED upon release form custody following an arrest
under Wis. Stat. §968.07 and unless there is a waiver as described
below, the arrested person shall avoid the residence of the alleged
victim of the domestic abuse incident, any premises temporarily occupied
by the alleged victim, contacting or causing any person other than
attorneys for the arrested person and alleged victim to contact the
alleged victim. This condition shall be in effect until further order of
the Court or until waived.
IT IS FURTHER ORDERED that consistent with Wis. Stat.
§968.07S(S)(c), at any time during the "no contact" period and
before the issuance of a bond, the alleged victim may sign a written
waiver of the requirements of the "no contact" provisions set forth
above. The law enforcement agency making the arrest shall have a waiver
form available. Such waiver form shall be consistent with Wis. Stat.
§968.07S(S)(b).
IT IS FURTHER ORDERED, that all Bonds from Calumet County Law
Enforcement or the Calumet County Circuit Court are authorized to
provide the following provisions on Bond Forms in Domestic Abuse cases
concerning the no-contact provisions of those Bonds:
Clothing or personal hygiene items can be obtained by one of the
following Court authorized methods:
- Through contact by defendant's attorney with the victim.
- In cooperation with the arresting police agency at a mutually
convenient time.
- Pursuant to a hearing before the Court scheduled after written
request is filed with the Court.
Date this 27th day of March, 2002.
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Rule No. 11: Expiration of Bonds
WHEREAS from time to time arrestees are released from custody on bail
or bond prior to the filing of criminal charges and in some instances
charges are not filed;
NOW THEREFORE, IT IS HEREBY ORDERED that if formal criminal charges
are not filed against an arrestee within 60 days of said arrestees
release on bail or bond said bail or bond shall be deemed to have
expired and the arrestee shall no longer be subject to its conditions
and any monies posted for bail shall be returned by the Clerk of the
Circuit Court to the person who posted such bail.
IT IS FURTHER ORDERED that a bond may be continued upon good cause
shown after a court hearing with notice to the arrestee.
Dated this 30th day of May, 2003.
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Rule No. 12: Service of Summons in
Small Claims Matters
Pursuant to Wis. Stat. §799.I2(2) the Court does authorize the
service of
summons in small claims actions other than in eviction actions and in
replevin actions to be made by ordinary mail on any defendant residing
within Calumet County. Service by ordinary mail in those actions where
it is permitted shall be as required by Wis. Stat. §799.12(3) as
amended from time to time. All of the provisions of Wis. Stat.
§799.12 shall apply when service can not be made by ordinary U.S.
mail in small claims court actions.
Dated this 29th day of November, 2006.
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Rule No. 13: Calumet County
Local Court Rule 13
When contesting a matter in Small Claims Court the defendant(s)
shall file a written Answer and or Answer and Counterclaim in the
office of the Clerk of Circuit court, with copy to the Plaintiff,
either before the return date, at the time of the return date, or
within fifteen (15) days of appearing at the return date. Such
response shall set forth all defenses and claims with specificity.
Dated this 12th day of October, 2007
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Rule No. 14: De Novo
Hearings
Pursuant to Wis. Stat. §757.69(8), any party has the right to move
the Circuit Court Judge to review the decision of a circuit court
commissioner/family court commissioner upon the filing of a motion for a
hearing de novo.
FAMILY/PATERNITY HEARINGS:
Said motion shall be filed within fourteen (14) days of the mailing
or personal delivery of the written decision/order of the Family Court
Commissioner. (An order must be on file prior to the de novo
hearing.)
The party requesting the de novo hearing shall notify in writing all
interested parties of the date and time of the de novo hearing.
The Family Court Commissioner’s order shall remain in effect unless
the Circuit Court Judge grants a stay of the order.
DOMESTIC ABUSE INJUNCTIONS/HARASSMENT INJUNCTIONS:
Said motion shall be filed within fourteen days after service of the
injunction or dismissal of the petition.
The party requesting the de novo hearing shall notify in writing all
interested parties of the date and time of the de novo hearing.
Any injunction entered shall remain in effect while an appeal to the
Circuit Court is pending.
Dated this 5th day of September, 2008.
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