Crawford County
Circuit Court Rules
(Seventh Judicial District)
In the Matter of:
RULES FOR CIRCUIT COURT
WHEREAS, the Court finds that the just, efficient and orderly
administration of the business of the Circuit Court requires
the adoption of Rules supplementing the Rules of Civil Procedure
and other statutory directives,
NOW THEREFORE, the following Rules of Circuit Court are hereby
promulgated and adopted for the Circuit Court of Crawford County,
effective March lst, 1986.
All previous Rules of Court are repealed.
Dated this 18 day of February, 1986.
Rules of Decorum in Circuit Court
1. Court shall be formally opened each day upon which court
business is transacted, either by the bailiff or the clerk of
court.
2. As the judge enters the courtroom the bailiff or clerk
of court shall require all present to arise and stand. When the
judge has reached the bench the bailiff or clerk of court shall
say, "Hear ye! Hear ye! Hear ye! The Circuit Court for the
County of Crawford is now in session. Silence is commanded."
All shall then be seated and the business of the court shall
proceed.
3. In recessing, the judge shall announce: "The court
is now in recess."
4. When trial is to a jury the jurors shall take their place
in the jury box before the judge enters the courtroom.
5. 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, on a standard to the right of the judge.
6. Lawyers may 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.
7. Lawyers shall stand when addressing the court.
8. Lawyers shall examine witnesses 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 said position at the counsel table or from the
lectern. Lawyers may either stand while examining a witness from
the counsel table or remain seated there. In no case shall a
lawyer crowd the witness stand in examining the witness.
9. Lawyers shall not, in addressing the jury, crowd the jury
box.
10. Lawyers, in examination of Jurors on voir dire, shall,
insofar as practical, use collective questions, avoid repetition
and seek only material information.
11. Lawyers, during trial, shall not exhibit familiarity with
witnesses, Jurors, or opposing counsel, and generally the use
of first names shall be avoided. In jury arguments no Jurors
shall be addressed individually or by name.
12. All lawyers and court officers shall wear appropriate
dress while in attendance upon the court. Pantsuits or dresses
shall be appropriate for women. Men shall wear suit or sport
coats and ties. Judicial discretion may be exercised otherwise
in extreme situations.
13. Lawyers shall advise their clients and witnesses of the
formalities.of the court, and seek their full cooperation therewith.
14. Witnesses shall be examined with courtesy and respect,
and their good faith presumed until the contrary appears.
15. The swearing of witnesses should be an impressive ceremony
and not a mere formality.
16. In jury cases which are disposed of upon motion for non-suit
or directed verdict, the judge, in dismissing the jury, should
briefly explain the procedure and why a verdict was unnecessary.
17. In criminal cases the defendant shall stand with his attorney
before the bench at the time of arraignment, and at the time
of passing sentence.
18. The judge shall wear a robe while presiding on the bench,
provided that judicial discretion may be exercised otherwise
in proper situations.
19. No beverage, other than water, shall be consumed or possessed
in the courtroom while court is in session. Tobacco in any form
shall not be used.
20. There shall be no unnecessary conversation, loud whispering,
newspaper or magazine reading or other distracting activity in
the courtroom while court is in session.
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Re: Court Commissioners
Court Commissioners, having been appointed by separate order,
have the fullest extent of authority which statute authorizes
for them. Commissioners shall wear suitable dress, excluding
a robe. They may preside on the bench. Dignity and decorum, consistent
with a courtroom, shall attend proceedings before a commissioner.
Initial appearances in criminal matters shall be on the record.
Clerk's minutes shall constitute sufficient record in bail hearings
when a court reporter is not available. All request for hearings
by a Court Commissioner shall be made to the Clerk of Court or
Judge.
Compensation to a Court Commissioner shall be paid by the
county when authorized by the Judge at the rate established by
SCR 81.02.
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Re: Filing of Pleadings and Papers
The venue of the action or proceeding shall be stated in the
caption of the summons, pleadings or papers to be served or filed
substantially as follows: "State of Wisconsin Circuit Court
Crawford County."
All pleadings and papers which must be filed in any action
shall bear in the caption the case number assigned by the Clerk
of Court when the action is commenced. The use of backing paper
or bluebacks is prohibited.
Copies of original summons, pleadings or papers shall not
be attached or filed with certificates or affidavits of service.
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Re: Borrowing Court Files Regulated
The Clerk of Court and Register in Probate shall take a receipt
for all files or papers withdrawn from their respective offices.
No court file or paper may be withdrawn for use outside of the
courthouse except upon the order of the Judge of the Court who
shall limit the period during which it may be withdrawn.
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Re: Substitution and Withdrawal of Counsel
A substitution or withdrawal of an attorney of record shall
be valid only upon court approval by:
- a) Submitting a stipulation and order for substitution, or;
- b) Upon motion to withdraw with proper advance notice to
the parties in interest.
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Re: Furnishing Trial Briefs
Trial briefs furnished to the Court need not be served on
opposing counsel. Such briefs shall not contain any general statement
of the purported facts. When submitted they shall be filed with
the Court at least two business days prior to trial.
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Re: Motion Practice
No motion shall be filed without a date and time shown for
hearing obtained from the court.
A motion calendar shall be called on the first four Mondays
of each month at 1:30 p.m. Motions not requiring lengthy testimony
may be placed on the motion calendar by arrangement with the
calendar clerk. Other motion dates may be set by the calendar
clerk or presiding judge. Motions, affidavits, briefs and supporting
papers shall be filed with the Clerk of Court prior to the day
of hearing.
Should counsel for any party fail timely to give a notice,
deliver supporting papers or serve a brief, the motion may be
decided against his/her client for such cause, or the motion
hearing may be adjourned with costs and attorney's fees being
awarded to the inconvenienced party.
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Re: Service on Opposing Counsel
Except as otherwise ordered by the Court, before submission
of any proposed findings, conclusions of law, judgment, briefs,
memorandum, affidavit, requested instructions or verdict, a copy
shall be served upon or mailed to opposing counsel with a letter
or notation informing counsel that the original has been forwarded
to the Court.
Objections, if any, shall be filed with the Court and a copy
mailed to opposing counsel within five (5) business days after
such service or mailing. In the event counsel does not file
particularized
objections to the form of said documents, the Court may deem
objections to form to be waived.
This rule does not apply to:
1. Motions or supporting affidavits.
2. Trial briefs.
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Re: Continuances
If counsel or a party has good cause to request a continuance
of any pretrial, trial, motion or other proceeding which has been
scheduled
by the Court, he shall immediately notify the Court and opposing counsel
in the manner provided.
Unilateral phone calls or letters to the Clerk or Judge
directly to avoid a time fixed for a pretrial, trial, motion or other
proceedings are attempts to secure the consideration of the Court
without
reference to the rights of other parties in interest and their
attorneys.
Although phone messages and letters may be used from time to time when
there exists just cause for a continuation without sufficient time for
communication thereof by proper motion and notice, such emergency
messages
are provisional only and do not supercede a motion under Sec.
802.10.
Motions for Continuance Shall be Made in Accordance with
Sec. 802.10
For adequate reason, the time limitations for hearing may be waived by
the Court.
As an alternative to a motion under Sec. 802.10,
counsel for a party may, having and representing that he or she has the
consent of all other parties, request a continuance by letter to the
presiding
judge. This is not deemed a unilateral approach to the Court. However,
consent of opposing counsel to a continuance will not be recognized as
per se warranting the continuance. The Court will respond as to whether
the continuance will be granted. To avoid scheduling conflict as a
reason
for continuance attorneys shall be prepared to immediately advise the
Court of such conflicts when the Court sets dates from the bench or in
conference.
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Re: Jury Trial Procedure
Where jury trials are scheduled to be tried within a stated
period of time rather than a date certain, the parties and attorneys
shall
be prepared and available to try the case at any time during that
period.
In cases where the Court orders a jury status conference
prior to jury trial, both the attorneys and parties (unless excused)
shall
appear personally before the Court. In "CV" numbered cases
only
the attorneys need appear. The Court will inquire whether the parties
are ready for jury trial. Motions in limine, waiver of jury trial,
evidentiary
problems, motions to amend or dismiss, approval of case settlement and
acceptance of guilty pleas may be considered by the Court if
appropriate.
At the jury status conference the order of trials may be set.
All jury instructions in "CF" and "CV"
numbered cases, and special verdict questions in "CV" cases,
which an attorney may reasonably anticipate requesting at trial, shall
be filed with the Court at the status conference, unless the Trial Judge
otherwise directs. An original and one copy shall be furnished for use
by the Court. Requests for Wisconsin Jury Instructions - Criminal or
Civil may be cited by number. Other instructions shall each be on
a separate sheet of letter size paper and each shall have noted thereon
the citation of authority relied on to sustain such instruction.
If a case is settled prior to commencement of trial but
after the status conference, the Court may assess jury costs to one or
both parties. This sanction is in addition to that authorized by Sec.
814.51 Wis. Stats.
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Re: Filing Orders and Judgments
The moving party in any action shall prepare the necessary
order, warrant, commitment or certificate and submit it to the judge for
signature within five (5) days of the conclusion of the hearing.
Findings
of facts, conclusions of law and judgments shall be filed within thirty
(30) days of the granting of judgment.
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Re: Sanctions
Sections 805.03 and 802.10(2) sanctions shall be considered
by the Court in every case.
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Re: Courtroom Security
The following rules are adopted regarding courtroom security
for the protection of court personnel, law enforcement, jurors,
witnesses
and bystanders:
1. The Sheriff shall be responsible for courtroom security
and may, when appropriate, with the consent of the presiding judge,
adopt safeguards in addition to these rules.
2. The Court will appoint and the Sheriff may deputize
one or more bailiffs to attend upon the Court as requested.
3. All prisoners shall be searched before being brought
to court.
4. All prisoners brought to court shall be accompanied
by a law enforcement officer or bailiff.
5. The use of handcuffs for prisoners is discretionary
with the Sheriff or bailiff.
6. No officer accompanying and within the reach of a prisoner
shall wear a sidearm.
7. Officer appearing in court as witnesses shall remove
their weapons.
8. At jury trials restraints shall be removed from the
prisoner before entering the courtroom unless the presiding judge orders
otherwise.
9. Searches of courtroom spectators and witnesses shall
be taken whenever the Sheriff or bailiff deems it necessary and
advisable.
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Re: Confidential Records
Access to confidential records and reports shall be limited
to the following persons:
1. Court staff.
2. Attorneys of record in the case.
3. Parties to the action,(not including juveniles).
4. Persons with a written order of the Court.
5. Other persons specified in the statutes.
If there is any question as to whether a person should be
allowed access to a confidential record, he or she should be referred
to the Judge.
The following records are designated as confidential:
Childrens Code Cases - Chapter 48
Record of the juvenile court (including juvenile forfeiture cases under
Sec. 48.17(2) Wis. Stats.) shall be entered in books and deposited in
files kept for that purpose only. They shall not be open to inspection
or their contents disclosed except by order of the Court, by Court rule
or by statute. Authority - Sec. 48.396 Wis. Stats.
Paternity Cases
Any record of the proceedings shall be placed in a closed file, except
that access to the records shall be allowed to the parties and their
attorneys
or their authorized representatives. Authority Sec. 767.53 Wis.
Stats.
Guardianship for Incompetency and Protective Placement
Proceedings
Court records pertaining to a person who is under guardianship for
incompetency
or under protective placement or for whom application has ever been made
for same are not open to public inspection. Information contained in
these
records may not be disclosed publicly in such a manner as to identify
individuals, but such records shall be available upon application for
cause to persons approved by the Court or at the request of the
guardian,
ward or attorney of a ward. Authority - Sec. 55.06(17) and Sec.
880.33(6)
Wis. Stats.
Mental and Alcoholic Commitments
The files and records of the court proceedings under this chapter shall
be closed but shall be accessible to any individual who is the subject
of a petition filed under this chapter. And individual's attorney or a
guardian ad litem shall have access to such records without the
individual's
consent and without modification of the records in order to prepare for
involuntary commitment or recommitment proceedings, reexaminations,
appeals,
or other actions relating to detention, admission or commitment under
this chapter or Chapter 971 or 975. In other situations, such records
may be released to other persons only pursuant to the informed written
consent of the individual or pursuant to order of the court which
maintains
the records. Authority Sec. 51.30(3) Wis. Stats.
Disclosure of Assets in any Action Affecting the
Family
Information disclosed under this section shall be confidential and may
not be made available to any persons for any purpose other than the
adjudication,
appeal, modification or enforcement of judgment of an action affecting
the family of the disclosing parties. Authority Sec. 767.27(3) Wis.
Stats.
John Doe Proceedings
Subject to Sec. 971.23, the record of such proceedings and the testimony
taken shall not be open to inspection by anyone except the District
Attorney,
unless it is used by the prosecution at the preliminary hearing or the
trial of the accused, and then only to the extent that it is so used.
Authority - Sec. 968.26 Wis. Stats.
Search Warrants
A search warrant shall be issued with all practicable secrecy and the
complaint, affidavit or testimony upon which it is based shall not be
filed with the Clerk or made public in any way until the search warrant
is executed. Authority - Sec. 968.21 Wis. Stats.
Presentence Investigation Reports
Unless otherwise ordered by the Court, presentence investigation reports
shall be confidential and shall not be made available to any persons
except
upon specific authorization of the Court. Authority - 972.15(4) Wis.
Stats.
Access to records of monies received or dispersed under 767.29 which
provides
for maintenance payments for support of children to be made through the
Court shall be limited to the parties to the action, their attorneys and
the Family Court Commissioner. Authority - Sec. 767.29(l) Wis.
Stats.
Preparation and Use of Court Ordered Reports
1. Presentence reports, juvenile court reports, custody studies,
adoption
studies, psychiatric evaluations and psychological studies shall be
ordered
or requested in writing to the appropriate agency. However, if the order
or request is made from the bench the Clerk of Court will telephone the
appropriate agency to advise them of the need for a study so that the
agency may immediately begin it's investigation. The call will then be
followed by a written order or request from the Judge or Clerk.
2. The report, study or evaluation shall be filed with the
Clerk of Court not later than two (2) full business days prior to the
day set for hearing (or earlier if required by statute or court order).
All reports shall be filed with the Clerk. If the report is to be placed
in a file open to public inspection it shall be enclosed in an envelope
approximately nine inches by twelve inches and secured flat into the
file.
The envelope need not be sealed when filed, but shall, on the outside
have typed the caption of the case, case number and identity of the
report
(e.g. "Presentence Report" or "Psychiatric
Evaluation")
and the word "Confidential".
3. The Clerk of Court shall file stamp the report and make
copies for all current attorneys of record. If the report is to be
placed
in a public file the Clerk shall seal the original report in an envelope
provided, seal the copies in other envelopes and place them in the
file.
4. At any time during the two business days prior to the
hearing (or earlier if required by statute or court order) counsel may
pick up and take the report from the Clerk's Office. Counsel are
prohibited
from copying these court ordered reports. An adult person who is a party
to the action but who is not represented by counsel may view the
original
court report in the Clerk's Office but will not be given a copy.
5. At the close of the hearing for which the court report
was prepared the Clerk shall collect from all counsel copies of the
report
and shall destroy them.
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Re: Juvenile Intake Policy
Pursuant to Sec. 48.06(2) Wis. Stats the following intake
policy is established and promulgated for the above named court:
1. All services to the Juvenile Court, other than those
performed by the Juvenile Court Worker, shall be rendered by the
Crawford
County Department of Human Services pursuant to County Board Resolution.
2. The Court Intake Worker(s) shall be designated by the
Director of the Crawford County Department of Human Services. The
Juvenile
Court Worker shall assist in the performance of intake services when
requested by the Department or by the Court.
3. The Crawford County Department of Human Services will
provide twenty-four (24) hour per day, seven (7) day per week intake
services through the use of on-call social worker staff. The intake
process shall be as described in the Childrens Code.
Criteria for Referrals to Court
a) Ordinance violations charged by citation shall be reviewed by the
intake
worker for appropriateness.
b) All alleged delinquent acts which would be felonies if
the child were an adult shall be referred to the District Attorney for
petition. Informal supervision shall not be used.
c) An alleged delinquent act by a child already on supervision,
whether formal or informal, shall be referred to the District Attorney
for petition.
d) A child referred for the third time within a one year
period, regardless of the handling of the previous cases, will be
referred
for petition.
e) A child who is alleged to have committed a delinquent
act and whose sibling has previously been placed in the legal custody
of the County or State will be referred for petition.
f) In CHIPS referrals discretion of the intake worker shall
be used.
g) Where the District Attorney fails or refuses to file
a petition within the time provided by statute, the intake worker shall
immediately refer the matter to the Juvenile Court Judge.
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Re: Facsimile Transmission
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 the 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 officers of the Clerk of Circuit Court or the
Register
in Probate.
c. The document does not exceed six (6) 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.
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.
The party transmitting the facsimile document is solely
responsible for ensuring it's timely and complete receipt.
The Circuit Court, Judge or Clerk 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.
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
S. 801.16, Stats.
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.
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Receiving and Disbursing Fee
Effective date: January 1, 1992.
Each party ordered to make payments for maintenance, child
support, or family support under interim or final orders in an action
affecting the family shall pay to the Clerk of Circuit Court an annual
receiving and disbursing fee of $0.00.
Future modifications of Sec. 814.61(12)(b), Wis. Statutes,
are incorporated into these rules as they become effective.
Dated this 4th day of December, 1991.
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Jury Duty
Pursuant to Section 756.02, the Court finds that the following
persons shall be excluded from the jury panel and excused from service
as jurors:
1. Persons 70 years of age or older who request to be
excluded or excused on account of age. The Court finds that a person
of such age who makes such a request would endure undue hardship caused
by the aging process if required to serve.
2. Persons who have been summoned to serve as petit jurors
within the last four year period who request to be excluded or excused
from service as jurors for this reason. The Court finds that service
by these persons would entail undue hardship and extreme inconvenience.
Furthermore, the Court orders in accordance with Section
756.28 that the length of jury service in Crawford County may not exceed
a period of ten days unless more days are necessary to complete service
in a particular case.
Dated this 23rd day of March, 1994.
