Chippewa County
Circuit Court Rules
(Tenth Judicial District)
Effective Date: May 2, 2007
Part 1: Tenth Judicial District Rules
101 District Rule adoption and promulgation
101.01 Pursuant to §753.35 (2), the Tenth Judicial District
Court Rules are incorporated herein by reference.
Part 2: Court Practice
201 Confidential Records
201.01 General
(1)When an individual requests access to a court record that
includes confidential information, the Clerk of Courts' office will ask
for identification to verify that the individual is a party to the
action. If so, and if a party is allowed access to the confidential
records in his or her file, access to the entire file will be granted.
If the party is not allowed access to some or all of the confidential
records in the file, the confidential records the party is not allowed
to see will be removed from the file before the party is allowed
access.
(2)When an attorney seeks access to a file containing confidential
records, the confidential records will be removed from the file unless
the attorney is an attorney of record in that particular case.
(3)Anyone other than an attorney of record or party to the action will
be allowed access only to the nonconfidential portions of a case
file.
(4)Any case in which a criminal record has been expunged shall be
closed to access to anyone without a court order authorizing access to
the file. The Clerk of Courts shall take appropriate steps to ensure
confidentiality of all expunged criminal records.
201.02 Financial Records in Divorce Cases
Only parties to the action and attorneys of record will be allowed
to view and copy financial declarations and other confidential
financial information in divorce actions.
201.03 Medical and Hospital Records
Medical and hospital records remain confidential when filed with the
court until such time, if any, as they are introduced into evidence at
a trial. Until then, only parties to the action and attorneys of record
may view medical and hospital records.
201.04 Psychological Records
In Chapter 51 proceedings, all psychological records are
confidential except for the individual who is the subject of the
petition, the individual's attorney, the guardian ad litem and the
attorney who is prosecuting the action for Chippewa County. In divorce
proceedings, all psychological records are confidential except for the
attorneys of record and the parties to the action.
201.05 Other Situations
In situations not covered by written policy or clear statutory
policy, the Clerk of Courts shall exercise discretion in deciding who
has access to confidential records. The Circuit Court retains the
authority to authorize disclosure of otherwise confidential information
as well as the authority, where permitted by law, to classify files or
parts of files as confidential.
202 Facsimile/Email Transmission of Documents to the Court for
Filing
202.01 Facsimile documents transmitted directly to the court shall
be accepted for filing only if:
a. The document does 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.
b. No filing fee is required.
c. No additional fee or charge must be paid by the circuit court for
accepting or receiving the facsimile.
d. The faxed copy is considered the original. No additional copies may
be sent.
f. Parties shall provide sufficient faxed copies if authentications are
requested.
g. Identical documents received after the facsimile will not be accepted
for filing or authentication and will be either destroyed or
returned.
202.02 Except as stated, section 801.16, Wis. Stats., applies to
facsimile filings.
203
203.01 Intake Assignments
Each branch of Circuit Court shall serve one week out of every two as
the intake Judge. The intake Judge shall preside at all traffic,
ordinance, DNR and criminal first appearances, juvenile detention
hearings, probable cause hearings under Chapter 51, Wisconsin Statutes,
and any uncontested probate court matters which may come before the
Court. The intake Judge shall retain jurisdiction over all matters
through final disposition of the matter except as provided by statute,
Supreme Court rule or local rule.
203.02 Civil Cases
All civil cases, all small claims cases, all family law cases and all
paternity cases filed in Chippewa County shall be assigned by the
Clerk of Circuit Court so that each branch receives an equal number of
cases. In small claims, if a Judge files a disqualification, the case
may be assigned to the other branch of Circuit Court. In other matters,
if a Judge files a disqualification, the Judicial Assistant shall
prepare and file the appropriate documents. For substitutions,
the Clerk of Court or Juvenile Clerk shall prepare and file the
appropriate documents.
203.03 Criminal Cases
(1)Upon the filing of a summons and complaint, the Clerk of Court
shall assign a Judge and an initial appearance date.
(2) Upon filing of a warrant and complaint, the Judge hearing the
first appearance shall be assigned to the case.
(3) Initial appearances for persons in custody shall have their
case assigned to the intake Judge.
(4) When both judges have been assigned cases involving the same
defendant, whenever practical all the cases involving this defendant
shall be assigned to one judge according to the following
protocol. The judge with the earliest filed case shall be
assigned the later cases unless the later cases involve more serious
charges. Under this rule felonies are more serious than
misdemeanors which are more serious than criminal traffic cases.
Thus, if there are two cases and the newer case is a felony and the
earlier case is a misdemeanor, the judge with the newer case would be
assigned the misdemeanor. If both cases are felonies, the judge
with the older case would be assigned the newer case.
203.04 Juvenile Cases
Juvenile delinquency, JIPS, and CHIPS cases shall be assigned
randomly, with half the cases going to each judge. If the child
has an existing case, new cases shall be assigned to the same judge.
Initial appearances in juvenile delinquency, JIPS, and CHIPS cases
shall be set by the assigned Judge except when a congested calendar
makes such an assignment impractical or the Judge files a
disqualification, in which event the case shall be assigned to the
other branch of Circuit Court.
203.05 Other Cases
The Chief Judge may, from time to time, reassign a case in order to
expedite its disposition or to accomplish the more efficient
administration of justice. The rotation of the intake Judge's
assignment may occasionally be altered because of judicial illness,
vacations, education seminars and conferences, or other judicial
absences. This plan of judicial assignment assures that each branch of
the Chippewa County Circuit Court will preside over each and every type
of court proceeding and at the same time makes each Judge responsible
for the judge’s own trial calendar.
204 Rules of Decorum
Judges, Court Commissioners, Attorneys, Clerks, and Court Personnel are
expected to follow Supreme Court Rule Chapter 62, Standards of Courtesy
and Decorum for the Courts of Wisconsin.
205 Substitutions and Recusals
Paperwork for a judge who is substituted shall be prepared by the Clerk
of Court or the Juvenile Clerk. When there is a recusal, the
judge’s Judicial Assistant shall prepare the paperwork.
Part 3: Civil Practice
301 Judgments
301.01 Default Judgment
When a default judgment is presented to the judge and the judge signs
an Order for Judgment, the Clerk of Court (or a deputy) may sign the
Judgment.
Part 4: Criminal Practice
401 Defendant’s Presence Required
Defendants must be present at all initial appearances, status
conferences, motion hearings, arraignments, and trials, except in
misdemeanor cases if the Judge approves authorizations to
appear.
402 Warrants and Warrantless Arrests
Whenever a warrantless arrest occurs, the person arrested must have a
probable cause determination within 48 hours of the arrest as required
by County of Riverside v. McLaughlin, decided by the United
States Supreme Court. The arresting officer shall complete the
appropriate form. This form shall be kept at the Chippewa County jail
and shall be available for immediate use by a judge or court
commissioner making an evaluation of probable cause for that arrest.
A judge or court commissioner shall review the form and determine
whether probable cause exists.
- Persons for whom no probable cause is found shall be released
immediately.
- Persons for whom probable cause is found may be held for further
proceedings and may post bond.
Judges and Court Commissioners will be assigned to cover specific
weekends. The assigned Judge or Court Commissioner must make sufficient
contacts with the county jail so that no arrested person is held more
than 48 hours without a probable cause determination.
403 Bonds
403.01 Cash Bonds
All bail bonds for individuals arrested in a situation involving
domestic abuse and released on bond prior to a court appearance shall
contain the following condition of release:
"That _______________ absolutely desist and refrain from any
contact with _______________, until the further order of the court.
Contact includes, but is not limited to, any physical contact,
harassing or threatening telephone calls or entry to the victim's
residence." For the purpose of this order, the law enforcement
officers are to define a case of domestic abuse as one in which the
suspect and victim are involved in a "spousal relationship"
that includes any of the following:
1. A husband and wife living together.
2. A husband and wife who are separated.
3. An ex-husband and ex-wife.
4. A boyfriend/girlfriend relationship.
5. An ex-boyfriend/ex-girlfriend.
404 Initial Appearances
At initial appearances both a pretrial or settlement conference date
with the prosecutor and the next court date shall be set.
Ordinarily, the scheduling date will be on a regular intake date.
Both dates shall be shown on all bail bonds. If the Court fails to set
the next court date, the Clerk of Courts shall set the next court
date.
405 Commitment Orders
If a commitment order is executed in a county where the county seat is
more than 100 miles from Chippewa Falls and the unpaid fine is less
than $150, then the Chippewa County Sheriff's department may inform the
arresting agency or other sheriff's department the Chippewa County
will not pick up the person arrested. Depending on the
circumstances, however, the Chippewa County Sheriff's department may
elect to pick up the apprehended individual anyway. An example might be
when a sheriff's deputy will be in the area of the other county for
other reasons.
406 Jury and Bench Trials
At least one week before the date of any jury trial in a criminal case,
the Court will conduct a final status conference. This date will be set
when the jury trial is scheduled. The last opportunity for a plea
agreement will be seven days before trial, whether or not there is a
status conference, except upon a showing of good cause, in which case
the Court may assess costs upon the attorneys or defendant. After the
status conference, but no later than seven days prior to trial, the
case must either be tried or dismissed.
407 Pre-sentence Investigation
The clerk in the courtroom will hand the defendant a letter regarding
the pre-sentence investigation.
The Clerk will notify the Probation Department of date of the
pre-sentence order (list to be placed in probation basket) including
the defendant’s name and the attorney’s name.
Pursuant to §972.15 Wis. Stats., pre-sentence investigations are
confidential and may be viewed only by the attorneys of record and the
defendant. The court will issue an order permitting the attorneys
to receive copies of the pre-sentence investigation until completion of
the sentencing hearing.
408 Probation
408.01 Probation Letter
The clerk in the courtroom will hand defendant a letter regarding
probation which shall inform the defendant that he or she must report
immediately to the probation office in Chippewa Falls.
408.02 Notification to Department of Corrections
The Clerk shall notify the Probation Office of the date of probation
order (list to be placed in probation basket) including the defendant's
name, the name of the defendant’s attorney, and a copy of the
judgment of conviction.
Part 5: Family Law Practice
501 Advance payments on custody and psychological evaluations
Whenever custody studies and psychological evaluations are ordered in
family law proceedings, each parent shall pay $850 in advance to the
Clerk of Circuit Court to cover the expense of the custody/placement
evaluations. This payment shall be made within 30 days and prior to
commencement of the custody and psychological evaluations.
In appropriate cases, the Court may reduce or waive the requirements
of this rule. Also, the Court may order installment payments or the
Court may order one parent to pay the entire amount in appropriate
circumstances.
Each order for a custody study or psychological evaluation shall
specify what each party is to pay.
502 Child Support Warrants
Civil warrants for individuals where there is unpaid child support,
whether for failure to appear or to enforce a finding of contempt,
shall permit the defendant to post a cash bond unless the court
specifically prohibits posting of a bond.
503 Guardian ad litem
503.01 Pay Rate
Guardians ad litem shall be paid at the rate determined by the
Circuit Judges to be appropriate and necessary. The Court has found
beyond a reasonable doubt that the statutory rate of reimbursement
would unduly burden or substantially interfere with the judiciary's
ability to appoint counsel. This finding is based upon a survey of area
attorneys.
503.02. Retainer
Before an appointed guardian ad litem commences work, an amount of
not less than $1,000 shall be paid to the Guardian Ad Litem. In
original actions each party shall pay one-half the amount ordered paid,
unless otherwise ordered by the Court. In revision actions the party
seeking the revision shall pay the retainer. If a party cannot pay the
retainer or guardian ad litem fees in full, the party must provide the
court with a financial declaration to show hardship. The Guardian ad
Litem may not commence work until the retainer is paid, unless the
court orders otherwise.
In appropriate circumstances, the Court may waive the initial
payment, in whole or in part. The Court may also relieve a party from
the obligation to contribute to the payment of guardian ad litem
fees.\
503.03 Language of Order Appointing a Guardian Ad Litem
The order appointing a guardian ad litem must contain the following
language: The fees for the services of the guardian ad litem are the
responsibility of the parties to this action and shall be paid within
the time designated in the court order approving the fees.
Payments shall be made to the Guardian ad Litem. Either or both
parties may be required to pay fees. Any fees not paid within the time
allowed by the Court shall be paid by Chippewa County upon request of
the guardian ad litem, and Chippewa County shall have a money
judgment against any party who has not made the required payment. Unpaid
money judgments will accrue interest at the rate of twelve percent a
year until paid.
503.04 GAL Fee Statement
When the guardian ad litem completes all necessary work in the case,
the guardian ad litem shall submit a fee statement for approval by the
Judge assigned to the case. Upon approval of the fees, an order
approving fees shall be included in the divorce judgment, or if that is
not appropriate, a separate order approving fees shall be issued.
An order approving fees shall require each party to pay an equal
amount unless a different ratio has been set previously. If no decision
on division of guardian ad litem fees has been made, either party may
petition the Court for an unequal division of the fees. Unless
the Guardian ad Litem has been paid by Chippewa County, the payments
shall be made to the Guardian ad Litem.
Whenever the Court orders Chippewa County to pay guardian ad litem
fees, they shall be repaid by the responsible parties within a
reasonable time not to exceed 60 days unless there is a specific order
to the contrary.
503.05 Interim GAL Bill
Whenever a case has been pending for more than a year, the guardian
ad litem may submit an interim bill to the Court for approval. If
approved, payment shall be on the same terms and conditions as
specified in the rules stated above.
504 Family Court Commissioner
The Family Court Commissioner in addition to hearing temporary hearings
will also hear fully stipulated divorces and domestic abuse hearings.
He may also hear other cases permitted by statute. A court reporter
will be used whenever the statutes require a reporter. Stipulated
divorces will be heard by the Family Court Commissioner on the second
and fourth Monday of each month in the county board room at 10:00 a.m.
All domestic abuse and harassment proceedings will be heard by the
Family Court Commissioner every Monday at 9:00 a.m. in the County
Board room.
Part 6: Foreclosure Practice
No local rules.
Part 7: Juvenile Practice
No local rules.
Part 8: Probate Practice
801 Summary Settlement, Summary Assignment and Special
Administration
Proof of Heirship must be filed with all opening papers for Summary
Settlement, Summary Assignment and Special Administration.
802 Scheduling
802.01 Uncontested matters are scheduled with the Register in
Probate.
802.02 Contested matters are scheduled with the Judicial Assistant
of the assigned judge.
803 Closing of Estates
803.01 Estate proceedings must be closed within 12 months from the
date of filing the petition or application.
803.02 When an estate cannot be closed within the required time
limit, a petition requesting an extension shall be filed stating the
reasons for the request and a proposed order.
804 Guardianships
804.01 Annual Accountings are required in all guardianships unless
the court waives the requirement for estates with assets of less than
$1,000.
805 District Forms
805.01 Case management forms/guidelines/checklists created by the
10th Judicial District Registers in Probate shall be used when
appropriate.
805.02 District forms may not take the place of standard, statewide
forms created pursuant to sec. 758.18, Wis. Stats.
Part 9: Small Claims Practice
901 Appearance
901.01 Return dates.
On return dates all parties must appear in person, by an attorney, or
where permitted by statute, by an authorized agent. Defendants must
state or file a detailed answer. If a defendant does not appear and
submit a detailed answer, the plaintiff will be entitled to a judgment
if the complaint states a proper complaint. If a plaintiff does not
appear, the Court Commissioner shall dismiss the complaint without
prejudice, and may award costs to the defendant as allowed by statute.
Complaints dismissed because the plaintiff failed to appear require
that a new action be commenced. Any person appearing on behalf of a
party must have authorization to settle the case.
901.02 Default Matters
The Clerk of Courts or a deputy may conduct all default matters entering
judgment or dismissing as appropriate, and awarding costs allowed by
statute.
902 Mediation Requirement
The Small Claims Court Commissioner shall conduct a settlement
conference in all contested matters in which both parties appear. If it
appears that either the plaintiff or defendant is entitled to judgment
based on the pleadings, and that the pleadings cannot be amended to
state a proper claim for relief or a defense as appropriate, the
Commissioner shall grant a judgment on the pleadings. It is not
necessary that the Clerk attend the settlement conference because the
settlement conference will take place on the return date, a defendant's
answer must allege facts. A general denial will not be accepted.
903 Trials
Small Claims Court Commissioners may conduct trials in all matters
except evictions, garnishments and replevins. Secs. 799.206 and
799.207, Wis. Stats. These trials do not require a court reporter, but
the Clerk shall keep minutes. Sec. 799.207(1)(d), Wis. Stats. Appeal
from these trials shall be pursuant to Sec. 799.207(3), Wis. Stats. If
both sides consent and the Court Commissioner has sufficient time
available, the trial may be held immediately. Sec. 799.207(1)(b), Wis
Stats. Any case taken under advisement by the Court Commissioner must
be decided within seven days.
904 Court Commissioner Duties
The Small Claims Court Commissioners should avoid any appearance of
partiality towards either party, should explain to pro se litigants the
procedure for small claims actions, and tell both sides in summary
fashion what the commissioner believes will be expected at trial if the
case is not resolved. Court Commissioners shall hand out the
"Demand for Trial" notice following any trial before
them. Court Commissioners may sign replevin judgments.
905 Attorney's Fees
Attorney fees are to be allowed on the Return Date whenever an Attorney
signs the summons, however, if the Attorney fails to appear for trial,
attorney fees will not be allowed.
906 Clerk's Duties
On the first return date of each month, the Small Claims Clerk shall
obtain a date from both Judges for a date certain for that month to
hear any contested garnishment, eviction or replevin actions.
907 Trial Notices
The Clerk shall hand out trial notices on the return date.
908 Reopen Judgments
"Reopen Judgments" may be allowed if the defendant has been
served by regular mail and claims not to have received the summons and
complaint.
909 Apportionment of Costs for Multiple Plaintiffs
Pursuant to 218.04(9j) when multiple plaintiffs appear in the same
action, the collection agency for those plaintiffs must submit a bill
of costs apportioning the costs and fees among the various
plaintiffs.
Part 10: Traffic Forfeiture Practice
1001 Obtaining Bonds on Traffic Citations
All persons arrested for a violation of a state or municipal forfeiture
shall be released from custody without a cash bond if they:
1) Have a valid Wisconsin driver's license or can show sufficient
evidence of ties to the community or
2) The arresting officer is otherwise satisfied that the accused will
make future court appearances.
All persons arrested for a misdemeanor, including a misdemeanor traffic
offense, shall be released from custody without a cash bond unless any
of the following exist:
1) The accused does not have proper identification.
2) The accused appears to represent a danger of harm to himself or
herself, another person or property.
3) The accused cannot show evidence of sufficient ties to the
community.
4) The accused has previously failed to appear in court or failed to
respond to a citation.
5) Arrest or further detention is necessary to carry out legitimate
investigative action in accordance with law enforcement agency
policies.
All persons detained for a forfeiture, misdemeanor or misdemeanor
traffic offense shall be released upon compliance with the state
deposit of misdemeanor bail schedules, unless otherwise directed by the
court. These guidelines do not supersede specific statutorily mandated
detention.
1022 Traffic Citations
Whenever a traffic citation is contested the court will set it for trial
unless the District Attorney’s office is prosecuting. In
that event, the case will not be set for trial until a settlement
conference with the prosecutor has taken place. If a case does
not settle after the settlement conference, it is the responsibility of
the District Attorney’s office to notify the court officer for
the charging agency who shall obtain a court date from the Judicial
Assistant.
If the court does not hear anything from the prosecutor for more than
three months, the court may dismiss the citation without prejudice.
Part 11: Selection of Jurors
1101 Juror List
The Clerk of Circuit Court and the Jury Commissioners shall use the
Department of Transportation list when selecting names of potential
jurors.
1102 Service Period
Jurors shall serve for a period not exceeding one month, unless a
trial in progress takes them past the one month period, in which case
they shall finish that trial.
Jurors who serve 10 days shall be excused from further service unless
a trial in progress takes them past the 10 day period, in which case
they shall finish that trial.
1103 Selection of Additional Jurors
The Clerk of Circuit Court shall have the power to select additional
jurors if the original list provides insufficient numbers
1104 Excusing of Jurors
The Clerk of Circuit Court shall have the discretion to excuse jurors
who meet the statutory requirements. One or more of the Circuit Judges
may be consulted, if necessary, regarding whether or not a juror should
be excused. If statutory requirements are not clearly met, a
request to be excused from jury duty shall be presented to the juror
judge.
Part 12: Miscellaneous
1201 Cash Payments
The Clerk of Circuit Court may establish reasonable rules limiting the
number and types of coins that office will accept as payment for fines,
forfeitures and other matters.
Wisconsin Circuit Court
Rules
