Eau Claire County
Circuit Court Rules
(Tenth Judicial District)
Effective Date: May 29, 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.
102 Publication and Revision of Circuit Court Rules
102.01 Rules shall be adopted by written order of a majority of the
Eau Claire County circuit judges, subject to approval of the chief
judge.
102.02 Orders adopting rules shall specify an effective date.
102.03 Once adopted, rules shall be filed in accordance with
§753.35, Wis. Stats.
Part 2: Court Practice
201 Case Processing Time Guidelines
201.01 The following case processing time guidelines have been
adopted by the Tenth Judicial Administrative District. They are designed
to provide a guide to the judiciary and bar. Unless otherwise indicated,
the guideline represents the time period from filing to final
disposition.
| Misdemeanor (from initial
appearance) |
2 months if in custody
6 months if not |
| Felony (from initial appearance) |
6 months |
| Traffic (from initial appearance) |
6 months |
| Ordinance & Forfeiture |
4 months |
| Personal Injury/Property Damage |
18 months |
| Contract/Money Judgments |
12 months |
| Family |
12 months |
| Estates |
12 months |
| Small Claims |
3 months |
201.02 Every case shall be scheduled for a next action or review date
at every stage in the life of the case.
202 Closure of Proceedings
202.01 Media Coverage. Unless good cause be shown, or otherwise
required by statute, a party moving that any judicial proceeding be
closed to the public must notify the court and the media coordinator in
writing at least 72 hours before the time set to hear the motion. The
purpose of this rule is to permit legal counsel to appear on behalf of
the media and be heard. The burden shall be upon the moving party to
show why the proceedings should not be public.
203 Rules of Decorum
203.01 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.
203.02 Witnesses shall be examined from a position behind the
counsel table or lectern except when handling exhibits. Persons
examining witnesses may either stand while examining a witness or remain
seated. In no case shall a witness be crowded during examination.
203.03 When a lawyer or party is addressing the jury, he or she
shall not crowd the jury box.
203.04 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.
203.05 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.
203.06 Lawyers and court officers shall, while in court, be attired
in such a manner as not to lessen the dignity of the court or of
proceedings in the eyes of the jury and
203.07 Lawyers shall advise their clients and witnesses of the
formalities of court, and seek their full cooperation. It is expected
that lawyers will guide clients and witnesses as to appropriate
attire.
203.08 Witnesses shall be examined with courtesy and respect, and
their good faith presumed until the contrary appears.
203.09 Attorneys and parties shall be prepared to proceed at the
time matters are scheduled. Failure to proceed on time may be grounds
for sanctions, including but not limited to costs, dismissal, judgment,
and ruling against the late party on the particular matter before the
court.
204 Continuances
204.01 Stipulated requests for continuance of trial date require the
consent of the parties in writing or on the record and must be for good
cause.
204.02 Non-stipulated requests for continuance must be on motion and
hearing and for good cause.
204.03 All requests for continuance are subject to approval of the
court.
205 Telephonic Hearings/Motions
205.01 In cases involving out-of-county attorneys, the use of
telephone conferencing for scheduling and for motions not involving
evidence is encouraged. The use of telephone conferencing for other
matters shall be at the discretion of the judge.
206 Court Commissioner
206.01 The court commissioner shall preside at the following:
206.01.01 Probable cause hearings for mental and alcohol commitments
and protective placements.
206.01.02 Protective placement reviews.
206.01.03 Non-support and URESA actions brought by the Child Support
Agency.
206.01.04 Small claims proceedings, except contested evictions,
garnishments and replevins.
206.01.05 Traffic and ordinance initial appearances and pleas.
206.01.06 Juvenile detentions.
206.01.07 Harassment and domestic abuse injunctions.
206.01.08 Paternity proceedings.
206.01.09 Other matters as directed by a judge.
206.02 De Novo Review of Court Commissioner Decisions (Other than in
Small Claims Actions)
Any party entitled to seek a de novo review of a decision of the court
commissioner by statute shall file a written request for such review
within 20 days of the issuance of the court commissioner's oral or
written decision. Any request for de novo review of the court
commissioner's decision filed more than 20 days after the issuance of
the decision shall be deemed untimely, and denied. Please see
Rule 904 regarding de novo review of Court Commissioner
Decisions in Small Claims Actions.
Rule 206.02 Dated: August 1,
2005
207 Judicial Assignments
207.01 Intake
Each judge presides over intake court for three weeks at a time in
chronological branch order: Branch 1, 2, 3, 4, 5. Schedules are posted
in the office of the clerk of courts and in the office of each judge's
scheduling clerk.
207.02 Assignment of Cases
207.02.1 Intake Assignment: The following cases shall be
assigned to intake court and, except as noted later, shall remain in
intake court unless transferred:
- Criminal
- Traffic and ordinance
- DNR
- Guardianships and conservatorships
- Mental and alcohol commitments
- Protective placements
- Warrants
- Petitions for occupational drivers' licenses
- Juvenile delinquency and CHIPS
- Adoptions and TPR's
- Small claims
- Child Abuse Restraining Orders
207.02.2 Transfer From Intake To Assigned Judge ─ Jury
trials, evidentiary hearings: misdemeanors, traffic, ordinance, DNR.
When a jury trial is requested or when an evidentiary motion hearing is
requested (e.g., motion to suppress, refusal hearing), the case shall be
heard by the judge assigned to the case. Until the defendant has entered
a plea, non-evidentiary hearings shall be heard by the intake judge. The
appearance may be in person, or, if allowed by statute and the court, in
writing or by counsel.
207.02.3 Misdemeanors: Misdemeanors are assigned to the judge
on intake at the time of the initial appearance, which is the
defendant's first appearance after the complaint or citation has been
filed.
207.02.4 Felonies: Bindovers shall be to the branch selected
by random computer assignment at the time of the filing of the
complaint.
207.02.5 Co-defendants: When two or more defendants are
charged in the same complaint, the first judge assigned to the first
felony defendant shall be assigned all co-defendants. If there is no
felony charge, the judge on intake at the first initial appearance shall
be assigned all co-defendants.
207.02.6 Disposition of Multiple Cases Resulting in Felony
Conviction: When a defendant has multiple cases subject to a plea
agreement resulting in a felony conviction, and those cases are assigned
to more than one branch of Court then all of the defendant's cases
subject to the plea agreement will be transferred to the branch first
assigned a felony case by random computer assignment, regardless of
whether dismissal is contemplated in that case.
207.02.7 Small claims: A demand for trial following a court
commissioner decision shall be referred to the judge on intake at the
time of the court commissioner trial.
207.02.8 Mental and alcohol commitments and protective
placements: When a jury trial is requested, the case shall be
retained by the judge on intake at the time the probable cause hearing
was held or waived.
207.02.9 Juvenile:
- Jury. When a jury trial is requested, the case shall be
heard by the judge who presided at the initial appearance.
- Disposition. The judge making a finding of delinquency, JIPS
or CHIPS shall retain the case for disposition.
- Subsequent cases. The judge at disposition shall be assigned
all subsequent petitions involving the same juvenile.
- Substitutions. Once a substitution of a judge is granted on
any petition regarding a specific child, that judge is disqualified from
presiding over any subsequent juvenile court proceedings regarding that
child with the exception of petitions for revision, extension, and
change of placement over which that judge had previously established and
maintained jurisdiction.
Subsequent petitions related to the child shall be assigned to the
judge assigned as a result of the substitution procedure outlined above.
For example, if petition 1 is assigned to Judge A and petition 2 is
assigned to Judge A but upon substitution reassigned to Judge 8,
petition 3 would be assigned to Judge 8.
Further, according to §48.29(1g), if Judge 8 enters a
dispositional order, the juvenile would then be prevented from filing a
substitution request on any new petitions filed within one year after
entry of the dispositional order.
207.02.10 Equal Random Computer Assignment: The following
shall be assigned on an equal basis among the branches:
- Civil actions under Chapter 801
- Criminal felonies subsequent to bindover
- Actions affecting the family under Chapter 767
- Writs
- Administrative appeals
- Minor settlements (except a settlement arising out of a previously
filed case shall be heard by the judge assigned to that case)
- Injunctions for harassment, domestic abuse and child abuse
- Contested probate, based on date of filing objections or other
motions
- John Doe hearings
207.03 Modification or Enforcement Of Final Orders: Motions
for modification or enforcement of a final order or judgment shall be
assigned to the same judge who granted the order or judgment.
207.04 Notice Of Assignment: For purposes of a request for
substitution of judge, this local rule constitutes notice of the
judicial assignment for a case originally assigned to intake court.
207.05 No limitation of Jurisdiction: This rule is intended
to equalize and rotate caseloads and not to limit the jurisdiction of
any branch over any matter. Nothing in this rule shall limit
jurisdiction of any branch over any matter brought before it.
207.06 Assignment Of Previously Dismissed Cases: Cases
previously dismissed shall upon refiling be administratively assigned to
the branch of court granting the dismissal in the prior case.
Dated January 31, 2002
208 Facsimile/E-mail Transmission of Documents to the Court
Filing
208.01 The following governs filings of papers by facsimile
transmission with the Clerk of Court:
208.01.1 Papers may be filed with the Clerk of Circuit Court in
accordance with the procedures established in §801.16(2)(a), Wis.
Stats., at 715-839-4817.
208.01.2 No papers may be filed with the Clerk of Circuit Court at
any facsimile number other than 715-839-4817. Correspondence intended
for the judge or the judge's administrative staff shall not be sent to
715-839-4817. The Clerk's office will not send the judge or the judge's
administrative staff "courtesy copies" of any transmissions
received at 715-839-4817.
208.01.3 No filings shall exceed 15 pages in length. A
"filing" means the fax cover sheet and all subsequent pages
thereafter.
208.01.4 Notwithstanding the preceding paragraphs, no briefs or
memoranda of law will be accepted by facsimile for filing.
208.01.5 accordance with §801.16(2)(c), any deviation from this
local rule will be only permitted upon receipt of express consent of the
judge assigned to the case and only upon good cause shown. It is
incumbent on the faxing party to demonstrate to the Clerk that a judge
has granted express consent.
208.01.6 Filing of papers by facsimile with the Clerk of Circuit
Court is further governed by the requirements and limitations of
§801.16(2)(d), (e) and (f).
208.02 The following governs facsimile transmissions to an individual
judge or the court commissioner:
208.02.1 Facsimile transmissions to the judiciary shall be by
express permission only.
208.02.2 Fax transmissions to the judiciary shall be directed to the
particular judicial official's fax number. The Clerk of Circuit Court
will not accept faxes directed to the judiciary.
208.02.3 The judiciary will not accept or forward to the Clerk's
office, any filings intended for the Clerk of Circuit Court.
208.02.4 Facsimile transmissions to the judiciary shall not exceed
six pages, including the fax cover sheet unless the individual judge
permits otherwise.
208.02.5 Any deviation from this rule will only be permitted upon
receipt of express consent of the judge and only upon good cause
shown.
Part 3: Civil Practice
301 All civil cases will be reviewed for service and answer 105 days
after filing. If a case has not reached issue in the time prescribed by
statute, a dismissal order or default proceeding may be initiated by the
court.
302 Pretrial
302.01 In all pretrial matters, attorneys must have authority to
negotiate in the absence of their clients or, if authority is not
granted, immediate telephone access to clients.
303 When testimony is taken by telephone, the party calling the
witness is responsible for any long distance charges.
304 In a personal injury action involving a minor, neither the
minor's attorney nor a member of the attorney's firm may be appointed
guardian ad litem for the minor.
Part 4: Criminal Practice
401 Arraignments shall ordinarily be conducted immediately upon
completion of the preliminary hearing. At the request of either party,
the arraignment may be scheduled later.
402 A no contest plea is subject to approval of the court.
§971.06(1)(c), Stats. A defendant must explain the reason for
requesting to plead no contest, rather than guilty. The judge will
decide whether the reason is adequate.
403 Motions
403.01 All motions must state the grounds "with
particularity." §971.30, Stats. Failure to comply with this
requirement shall be grounds for dismissal of the motion.
403.02 A party filing a motion shall be responsible for securing a
hearing date. Failure to secure a date shall constitute waiver of the
motion.
403.03 A written motion, any supporting papers, and notice shall be
served not later than five days before the date for the hearing, unless
a different period is fixed by statute or by order of the court. Time
shall be computed as set forth in §801.15, Stats.
404 No court will proceed to sentencing or disposition on a charge
for which there is an applicable felony sentencing guideline, including
experimental sentencing guidelines, unless a completed sentencing
guideline form is on file.
Part 5: Family Law Practice
501 Mediation
501.01 In any action affecting the family in which it appears legal
custody or physical placement are contested (including, but not limited
to, divorce, post-divorce, paternity and child support actions) the
parties, and other interested persons as ordered by the court, shall
attend at least one session of mediation with a mediator, and parent
education classes. See §767.11(8), Stats.
Rule 501.01 Effective date:
January 1, 2003
501.02 Requests for mediation may be made by any party, or others
pursuant to §767.11(5)(c), Stats., or upon referral from the Court
without motion, and the parties and/or others shall be referred to
mediation by the family court or judge at the earliest date available.
See §767.11(5), Stats. Once a party has received an order for
mediation, they must complete mediation and parent education classes
before they may pursue other action before the Court other than for
support or contempt.
Rule 501.02 Effective date:
January 1, 2003
501.03 Mediation shall take place with a representative of Try
Mediation, Inc., the Circuit Court's designated provider of mediation,
unless the parties agree to the use of a private mediator and meet the
filing/notice requirements as outlined in §767.11(7), Stats. All
mediators shall meet the statutory requirements of a mediator in terms
of neutrality (§802.12, Stats.) and confidentiality (§904.085,
Stats.) in which any oral or written communication relating to a dispute
in mediation is inadmissible in evidence and any judicial proceeding
with certain exceptions.
501.04 The parties and others involved in mediation shall complete
and file with the court, with a copy to the mediator, a Mediation
Information Worksheet, a sample of which is
attached.
501.05 Mediation may not be waived under any circumstances other
than those set forth in §767.11(8)(b), Wis. Stats. Waivers of
mediation may only be made by a Circuit Court Judge on the record,
specifically considering the factors enumerated §767.11(8)(b),
Stats.
501.06 There shall be no deferrals of mediation. Prior mediation
shall not satisfy the mediation requirement if the mediation took place
before the current filing before the court.
501.07 If the mediation is successful, the mediator shall assist in
preparation of a Mediation Agreement, which shall be reviewed, approved
and filed by the parties, counsel and the court as directed in
§767.11(12), Stats. If mediation is unsuccessful, the mediator
shall provide the court with a brief statement indicating the mediation
was unsuccessful and providing any confidential information the mediator
deems appropriate and necessary.
501.08 Any fees for mediation are payable directly to TRY Mediation,
Inc.
502 Guardian ad Litem
502.01 A guardian ad litem may be appointed by stipulation or
following a motion hearing. No guardian ad litem shall be appointed upon
ex parte application of a party, unless cause is shown.
502.02 The court shall consider appointment of a guardian ad litem
in any action affecting the family under the conditions set forth in
§767.045, Wis. Stats. The court shall strongly consider appointment
of a guardian ad litem if legal custody and/or periods of physical
placement are in dispute between the parties and shall state on the
record or provide in writing its rationale if no guardian ad litem is
appointed under those circumstances.
Any guardian ad litem ordered appointed by the court shall be paid a
retainer fee of $1,000.00 unless other orders are issued by the court.
Each party shall be responsible for one-half of the retainer fee of the
guardian ad litem, to be paid prior to the completion of any guardian ad
litem services. The guardian ad litem shall establish their hourly rate
with the parties and their counsel, and each party shall be equally
responsible for all fees incurred for the guardian ad litem's services
unless otherwise ordered by the court
Rule 502.02 Dated: July 9,
2002
502.03 There shall be no payment by the County for a guardian ad
litem unless neither party is capable of paying. Specific findings in a
written order, or on the record, about the financial indigency of both
parties, must be made before a waiver of guardian ad litem fees can be
effectuated and the county is ordered to pay any fees for a guardian ad
litem. If one party is indigent, and the other is not, the non-indigent
party shall be responsible for all costs associated with the guardian ad
litem, with review and reassessment of the guardian ad litem fees at the
conclusion of the case.
502.04 If a party or parties are determined to be indigent and the
County makes any payment on behalf of a party for a guardian ad litem,
the final court order shall contain a provision setting forth the
requirement for the parties to reimburse the County for that expense,
and to establish a payment plan.
503 Custody/Placement Studies
503.01 Whenever legal custody or physical placement of a minor child
is contested, mediation is not used or does not result in an agreement
between the parties, the guardian ad litem recommendations are not
accepted by the parties, or at other times as the court deems
appropriate, the court may order a legal custody and/or physical
placement study pursuant to §767.11(14), Wis. Stats. The evaluator
shall be agreed upon by the parties and if there is no agreement, it
shall be appointed by the court, with input from the guardian ad
litem.
503.02 If a custody/physical placement study and evaluation is
ordered, the parties shall immediately be referred for a
custody/physical placement study and evaluation orientation through Try
Mediation, Inc. (hereafter "orientation") and shall complete
that orientation prior to undergoing an evaluation.
503.03 Try Mediation, Inc. shall contact the guardian ad litem upon
completion of the orientation and the guardian ad litem shall contact
the evaluator to arrange for the study. If there is no guardian ad litem
appointed, the parties or their attorneys shall make arrangements for
the evaluation upon completion of the orientation. The following
information shall be provided to the evaluator:
503.03.1 Whether any of the parties to the study, or their
significant others, have had contact with the evaluator.
503.03.2 The names, addresses, and phone numbers of the parties and
other interested persons; the names and birth dates of the children
involved; and, the names and phone numbers of counsel for the
parties;
503.03.3 The date of any court hearing and/or date established for
custody study completion;
503.03.4 The court ordered arrangement or agreement of the parties
as to cost and payment arrangements.
503.04 Absent other agreement, if a petition for a custody/physical
placement study and evaluation comes from one of the parties, the
petitioner shall pay for the study before it is commenced and the court
shall review and reassess costs as appropriate at the case conclusion.
If the petition for a custody/physical placement study and evaluation
comes from the guardian ad litem or the court, the parties shall share
equally in the cost of the custody/physical placement study and
evaluation, with the court reviewing and reassessing costs as
appropriate at the case conclusion. All payments are to be made directly
to the provider by the parties.
503.05 All costs and fees incurred for the custody/physical
placement study and evaluation shall be paid up front, before the
custody/physical placement study and evaluation is completed and the
report is distributed. There shall be no payment by the County for a
custody/physical placement study and evaluation unless neither party is
capable of paying. Specific findings in a written order, or on the
record, about the financial indigency of both parties, must be made
before a waiver of custody/physical placement study fees can be
effectuated and the county is ordered to pay any fees for a custody
evaluation. If one party is indigent, and the other is not, the
non-indigent party shall be responsible for all costs associated with
the custody study, with review and reassessment of the custody
evaluation and expense at the conclusion of the case.
503.06 If a party or parties are determined to be indigent and the
County makes any payment on behalf of a party for a custody study, the
final court order shall contain a provision setting forth the
requirement for the parties to reimburse the County for that expense,
and to establish a payment plan.
503.07 The original custody evaluation, home study and/or
psychiatric reports shall be filed with the Court and sealed within the
court file. Copies of the reports shall be released to attorneys. Copies
of the reports shall not be distributed directly to the parties but
attorneys may share the reports by allowing their clients to read the
reports in the attorney's office or some other supervised place of their
designation. If the parties do not have counsel, they may make
arrangements to review the reports under supervision with TRY Mediation,
Inc.
504 The family court commissioner may hear stipulated default
divorces and actions for enforcement or revision of judgments. A judge
may also hear these matters, or may require that all such cases in that
judge's branch be heard by the commissioner.
505 The family court commissioner shall preside over all stages of
paternity cases authorized by statute. This includes everything but the
trial of the paternity issue.
506 If a party fails to file a financial declaration within the time
required by statute, that party may be prohibited from introducing any
evidence regarding finances at the time of trial.
507 A Certificate of Divorce and Annulment shall be filed with a
summons and petition.
508 On or after January 4, 1999, the Clerks of Circuit Court shall
direct all child support, family support and maintenance paid, pursuant
to preexisting or new court orders, to the Department of Workforce
Development or its designee.
Part 6: Foreclosure Practice
601 Requests for a jury trial shall be filed in writing along with
payment of the jury fee with the clerk of court, no later than ten
calendar days after the pretrial conference.
Part 7: Juvenile Practice
701 Refer to Rule 207.02 B.7. regarding assignment of cases.
Part 8: Probate Practice
801 Jurisdiction of the Probate Court
801.01 Probate actions under Wis. Stat. Chapters 851 through
879.
801.02 Guardianship and protective placements under Wis. Stat.
Chapters 54 and 55.
801.03 Trust actions under Wis. Stat Chapter 701.
801.04 Civil commitments under Wis. Stat. Chapter 51.
802 Responsibility within the Probate Court
802.01 Responsibility of Register in Probate/Probate Registrar
802.01.1 The Register in Probate office is responsible for the
opening, reviewing, filing, maintenance and closing of all files and
papers dealing with civil commitment, probate, trust, protective
placement, guardianships (both adult and minor), as well as
administrative matters dealing with probate court.
802.01.2 The Probate Registrar handles uncontested informal probate
hearings.
802.02 Responsibility of Court Commissioners
802.02.1 The Probate Court Commissioner handles uncontested hearings
on formal probates and trusts matters.
802.02.2 The Circuit Court Commissioner handles civil commitment
probable cause hearings, emergency protective placement hearings,
summary hearings on Watts and temporary guardianship
hearings.
803 Filing of Documents
803.01 All documents relating to probate court subject matter are to
be filed in the Register in Probate office. Documents required shall be
filed prior to the hearing.
803.02 Facsimile Transmission of Documents to the Court
803.02.1 Documents requiring original signatures may be faxed only
for the purpose of showing the court the document is complete; the
original must be filed with the court.
803.02.2 The Judge or Court Commissioner may authorize in advance
the filing of a particular document that does not conform to these rules
if good cause is shown and they are in conformance with the
statutes.
803.02.3 The party transmitting the document is solely responsible
for ensuring its timely and complete receipt.
804 Scheduling
804.01 The Register in Probate office schedules informal probate
hearings and uncontested formal hearings on Tuesday mornings from
9 -11 a.m. Attorneys need to appear for these hearings unless
the attorney is certain no one is going to appear or object. Attorneys
may appear telephonically but need to schedule through the Register in
Probate office.
804.02 Routine formal probate matters to be heard by a judge are
scheduled through intake court. If the matter scheduled is lengthy in
nature, inform the judicial assistant at the time you are scheduling the
matter.
804.03 Any contested probate and trust matters will be assigned
according to the properties of the probate draw. Once assigned, all
interested parties will be notified of the assignment by the Register in
Probate. Once a judge hears the contested matter in the case, all
further contested matters in the case will be assigned to the same
judge.
804.04 Final hearings for mental commitments are scheduled through
intake court.
804.05 Guardianship and conservatorship hearings are scheduled
through intake court.
804.06 Temporary guardianship hearings are scheduled through the
Court Commissioner.
804.07 Post guardianship/conservatorship matters are scheduled with
the judge who issued the letters.
804.08 For any related case in the circuit court, notify the
Register in Probate so the same judge may be assigned to both
matters.
805 Estates
805.01 Wills: Only original wills will be accepted
for filing with the court.
805.01.1 Wills of a decedent which will not be subject to probate
proceeding shall be filed and shall be accompanied by an affidavit.
805.01.2 Wills of living persons filed for safekeeping shall be
accompanied by the statutory filing fee and other information as the
Register in Probate may require.
805.01.3 Objection for admission of the will or appointment of the
personal representative shall be in writing accompanied by the statutory
filing fee.
805.02 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 petitions.
805.03 Selection of Personal Representative: Only
Wisconsin residents may be appointed as Personal Representative of an
estate, unless, at the discretion of the court, the nominated
non-resident is then required to have a resident agent and post a bond
with the probate court in an amount determined by the probate court. If
the decedent died intestate, an automatic surety bond will be
required.
805.04 Hearing or Waiver of Hearing: A hearing is
not required when waivers are filed by interested parties. Hearings will
be held if notice is required or upon request of the attorney for the
estate, the personal representative, or the probate court.
805.05 Objections to Claims Filed: An objection to
a claim must be in writing and filed with the probate court. When the
objection is filed, the probate court shall assign the case according to
the properties of the probate draw. The personal representative or
attorney for the estate shall send notice of the objection to all
interested parties. A notice of hearing will be sent to all interested
parties from the court.
805.06 Inventory: The general inventory is due no
later than six months after the appointment of the personal
representative, unless the court has by order extended or shortened the
time. A statutory filing fee shall accompany the inventory.
805.07 Final Account: Filing of a final account in
an informal is preferred. A statement of attorney fees shall be filed
when the final account is not filed in the probate office.
805.08 Tax Clearances: A Wisconsin closing
certificate for fiduciaries shall be filed and a federal estate tax
closing letter (if the estate met the standard to file a federal estate
tax return) shall be filed with the court prior to the closing of any
estate.
805.09 Closing Estates: Signed receipts from heirs
or beneficiaries and documentation that the residual beneficiaries or
heirs have been advised as to the amount of the personal representative
and attorney fees must be filed with the court.
805.10 Extensions of Time to Closing Estates: When
an estate cannot be closed within the required time limits, a petition
setting forth the reasons for the request of an extension of time to
close the estate must be filed with the court. A proposed order shall
also be submitted. The court will review each request individually. See
section 805.09 and section 809.
805.11 10th Judicial District Timelines to Close
Estates: Estate actions shall be disposed of within twelve (12)
months from the date of the filing of the petition or application to
open estate.
806 Trusts
806.01 Inventory
806.01.1 The trust inventory shall be filed before the estate will
be closed. If the inventory is not timely filed, the Register in Probate
shall notify the trustee that the trust inventory is past due.
806.02 Closing
806.02.1 At the time of the termination of the trust, all annual
accountings for prior years and the final account must be on file with
the court.
806.02.2 The trustee shall petition the court to terminate the
trust.
806.02.3 A Wisconsin closing certificate for fiduciaries must be
filed with the court before a trust may be closed and the trustee
discharged.
807 Guardianships
807.01 Temporary Guardianships
807.01.1 A hearing shall be held on all temporary guardianship
petitions.
807.01.2 A Petition to Extend Temporary Guardianship and Order on
Petition to Extend Temporary Guardianship shall be filed if an extension
of the temporary guardianship is requested.
807.01.3 A guardian ad litem shall be appointed in all temporary
guardianship matters.
807.02 Guardianships
807.02.1 The Court shall appoint a guardian ad litem for the
proposed ward if the petition is filed by a pro se individual, otherwise
counsel will retain the GAL; the guardian ad litem shall file a report
with the court prior to the hearing.
807.02.2 The guardianship inventory shall be filed within 60 days of
the appointment of a guardian of the estate.
807.02.3 Unless previously ordered by the court, the guardian must sign
and date a Guardian’s Fee and Payment contract for reimbursement
of expenses and/or guardian fees.
807.03 Conservatorships
807.03.1 The conservatorship inventory shall be filed within 60 days
of the appointment of a conservator.
807.03.2 A hearing is required to terminate a conservatorship.
807.04 Protective Placements
807.04.1 A petition for protective placement may be filed with or
anytime after the guardianship petition is filed.
807.04.2 A comprehensive evaluation must be completed and filed with
the court on all protective placement petitions.
807.05 Protective Placement Reviews (Watts)
807.05.1 Summary hearings on Watts reviews will be held in
front of the court commissioner.
807.05.2 Summary hearings are held on the first Friday of each
month.
807.05.3 If an objection to the protective placement is received,
the matter will be held in front of the court commissioner.
807.06 Termination of Guardianships
807.06.1 Guardianship of the person –
deceased ward: upon notification to the probate court that the ward
died, the court will issue an order of discharge of the guardian of the
person.
807.06.2 Guardianship of the estate –
deceased ward: upon notification to the probate that the ward died and
filing of: the final account as approved by the court; a proper receipt
from the person/entity receiving the remaining assets in the
ward’s estate; the court will issue an order of discharge of the
guardian of the estate.
807.06.3 Guardian of the estate for a minor: upon
filing proof of the ward reaching the age of eighteen, filing the final
account and receipt signed by the ward; the court will issue an order of
discharge of the guardian of the estate.
808 Civil Commitments
808.01 Commencement: all civil commitment matters under Chapter 51
originate with the county corporation counsel office.
808.02 Probable Cause hearing will be heard by the Court
Commissioner.
808.03 Final Hearings are scheduled with the intake judge.
809 District Probate Timelines
809.01 The judges of the 10th Judicial District have set the case
processing benchmark for closing estates at twelve (12) months from the
date of filing the petition or application.
809.02 See Rule 805.09 regarding extensions for time to close the
estate.
810 Forms ─ District and State
810.01 Standard statewide forms are required for
filing.
810.02 Case management forms/guidelines/checklists
created by the 10th Judicial District Registers in Probate shall
be used when appropriate.
810.03 District forms shall not take the place of
standard, statewide forms created pursuant to §758.18, Wis.
Stats.
Part 9: Small Claims Practice
901 The service of the summons, except in eviction actions, may be by
mail.
902 All contested small claims actions shall undergo mediation before
being scheduled for trial. A mediation representative will be available
in the courtroom at the time of the return date. Attorneys appearing
without clients shall have authority to mediate a settlement.
903 If mediation is not successful, a trial will be scheduled with
the court commissioner, except that evictions, garnishments and
replevins will be scheduled with a judge.
904 De Novo Review of Court Commissioner Decisions in Small Claims
Cases: Wis. Stats. §799.207(2) requires that a demand for trial
de novo must be made within 10 days from the date of an oral
decision or 15 days from the date of mailing of a written decision
to prevent the entry of the court commissioner’s judgment.
Part 10: Traffic/Forfeiture Practice
1001 Initial appearances for traffic and/or ordinance citations are
held before the Court Commissioner.
1002 Individuals issued OWI or .BAC citations must appear in person
at the initial appearance for Traffic Court.
1003 All other individuals receiving traffic or ordinance citations
may appear at the initial appearance or may enter a not guilty plea by
mail to the Clerk of Court office prior to the initial appearance
date.
1004 Pretrial Conference
1004.01 Any individual who enters a not guilty plea, either in
person at the initial appearance or by mail, will be assigned a pretrial
conference with the attorney who represents the agency which issued the
citation.
1004.02 If a pretrial conference is awarded to an individual and if
that individual fails to appear at the pretrial conference, a default
judgment will be entered against the individual on the citations.
1004.03 A request for a jury trial must be made within 10 days
after the pretrial conference.
1005 If an individual fails to appear at the initial appearance and
fails to enter a not guilty plea by mail prior to the initial
appearance, a default judgment will be entered on the traffic or
ordinance citations.
1006 If an individual appears at the initial appearance and enters
either a guilty or no contest plea to a citation, a fine will be
assessed; points on the individual’s license may be affected; and
the individual’s driving privilege may be affected.
Wisconsin Circuit Court Rules
