Grant County
Circuit Court Rules
(Seventh Judicial District)
Dated this 29th day of December,
1994.
Part 1: Publication and Revision of Circuit Court
Rules
100 Effective December 31, 1994
101 Court rules, prior to adoption or revision,
shall be presented at two (2) successive meetings of the Grant County
Circuit Judges. This requirement and Rule 102 may be suspended for good
cause upon the order of the Grant County Circuit Judges.
102 Proposed rules shall be posted for public review
in the County Courthouse by the Clerk of Circuit Court and copies shall
be forwarded to the President and Secretary of the Grant County Bar
Association at least thirty days prior to formal adoption.
103 Notice of proposed rules as described in Secs.
101 and 102 shall constitute sufficient public notice.
104 Rules shall be adopted by a mutually written
order of the Grant County Circuit Judges, subject to approval of the
Chief Judge of District 7 per Wis. Stat. 753.35.
105 Orders adopting rules shall specify an effective
date.
106 Once adopted, court rules shall be filed with
the Clerk of Circuit Court, and the Clerk of Circuit Court shall provide
copies to the President and Secretary of the Grant County Bar
Association and the Chief Judge.
107 Insofar as these rules are in conflict with any
existing
local court rule or order, these rules supersede such rule or
order.
108 Seventh District rules or Supreme Court rules
are
adopted by reference and if any of them conflict with these rules,
then they
supersede these local rules.
Top of Page
Part 2: Closure of Proceedings
200 Effective December 31, 1994
201 Unless good cause for a shorter time period has
been
shown to the Judge, a party moving that any judicial proceedings,
required
by law to be public, be closed to the news media must notify the Court
and
the media coordinator in writing, if possible, at least 72 hours prior
to 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 cause why the proceedings should not be public as
required
by statute.
Top of Page
Part 3: Case Processing Time Guidelines
300 Effective December 31, 1994
301 The following case processing time goals are for
the
processing of cases and ate designed to provide a guide to the
judiciary and
bar. Unless otherwise indicated, the guidelines represent the time
period from
filing to final disposition.
Misdemeanor (from initial appearance) - 2
months,
if in custody
Misdemeanor (from initial
appearance) - 4 months, if
not in custody
Felony (from initial
appearance) - 6 months
Traffic &Ordinance (from int.
app.) - 4 months
Personal Injury/Property damage - 18
months
Contract/Money/Judgments - 12
months
Divorce - 12 months
Estates - 18 months
Small Claims - 3 months
Child Support - 6 months
Paternity--Contested - 12 months
Paternity--Uncontested - 6 months
302 It will be the practice of the Court to schedule
every
case for a next action or review date at every stage in the life of
the case.
Purpose
The purpose of these rules is to establish uniform rules of courtroom
decorum and to be consistent with other trial courts of Wisconsin, and
to assist
Judges and attorneys through prescribed courtroom procedures. They are
intended
to supplement but not to supersede the Code of Professional
Responsibility
and Canons of Judicial Ethics of the American Bar Association and of
the State
Bar of Wisconsin, and the Supreme Court Rules and legislative
enactments of
the State of Wisconsin.
Top of Page
Part 4: Closure of Proceedings
400 Effective December 31,
1994
401 The flag of the United States and the flag of
the
State of Wisconsin shall at all times be displayed when the Court is
in session
on or in close proximity to the bench, with the flag of the United
States to
the right of the Judge.
402 Court shall be formally opened each day upon
which
Court business is transacted either by the bailiff or the Clerk of
Court.
403 As the Judge enters the courtroom, the bailiff
or
Clerk of Court by three raps of the gavel shall require all present to
rise
and stand. When the Judge has reached the bench, the bailiff or Clerk
of Court
shall say, "All rise, the Circuit Court for Grant County is now
open.
Silence is commanded." The bailiff or Clerk of Court shall then
rap the
gavel once and all shall be seated. The business of the Court shall
then proceed.
This rule may be modified by the customs and practice of the presiding
Judge.
404 Upon recessing, the Judge shall announce:
"The
Court is now is recess."
405 At any time, thereafter, during the day when
Court
is reconvened, the bailiff or Clerk of Court shall, by gavel or
otherwise,
as the Judge enters the courtroom, cause all to stand until the Judge
is seated.
406 When trial is to a jury, the jurors shall take
their
places in the jury box after the Judge enters the Courtroom.
407 Dignity and solemnity of the Judge and the
attorneys
shall be maintained in the courtroom at all times.
407.5 Tape recording, photography, and video taping
are
prohibited without prior approval of the presiding Judge.
408 There shall be no unnecessary conversation, loud
whispering,
newspaper or magazine reading or other distracting activity by anyone
in the
courtroom while Court is in session. Food, tobacco, and drink in any
form shall
not be used in the courtroom. The bailiff or Clerk of Court shall
provide water
for officers of the Court and the jury during jury trials.
408.5 All hats and caps shall be removed in the
courtroom.
409 All attorneys and officers of the Court shall
dress
professionally and appropriately while in attendance upon the Court:
Suits,
skirt and blouse, or dresses are suggested for women; suits and
sportcoats
and ties are suggested for men. Judicial discretion may be exercised
otherwise
in extreme conditions.
409.5 Lawyers shall advise their clients and
witnesses
of the formalities of the Court and seek their full cooperation
therewith.
It is expected that lawyers will guide clients and witnesses as to
appropriate
attire.
410 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. Lawyers shall act civilly towards
each
other and witnesses at all times.
411 Lawyers shall examine witnesses from a seated
position
behind the counsel table except when handling exhibits or otherwise
permitted
by the Judge In no case shall a witness be crowded during
examination.
411.5 Counsel shall not knowingly misinterpret the
contents
of a document, the testimony of witnesses, the language or argument of
opposing
counsel or the language of a decision or other authority; nor shall
the attorney
offer evidence which he or she knows to be inadmissible; nor shall an
attorney
knowingly mistake the law to the Court.
412 When a lawyer or party is addressing the jury,
the
lawyer shall not crowd the jury box.
413 During the 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.
414 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.
415 Lawyers shall examine witnesses with courtesy
and
respect, and a witness' good faith should be presumed until the
contrary is
evident.
416 The swearing of witnesses shall be an impressive
ceremony
and not a mere formality.
417 In jury cases which are disposed of upon a
motion
for dismissal or directed verdict, the Judge, in dismissing the jury,
shall
briefly explain the procedure and why a verdict was unnecessary.
418 Attorneys are officers of the Court and should
at
all times uphold the honor and maintain the dignity of their
profession and
maintain a respectful attitude toward the Court.
419 Attorneys' conduct before the Court and with
other
counsel should be characterized by candor and fairness. All
personality conflicts
between attorneys and colloquies between attorneys should be avoided.
420 Attorneys
shall, insofar as possible, refrain from interrupting each other,
speaking
at the same time, or arguing between themselves, thus assisting in
making a
proper record. Attorneys should instruct their witnesses to testify
slowly
and clearly so that the Court and the jury can hear their testimony,
and should
caution witnesses not to chew anything while testifying.
421 Attorneys should address the Court from a
position
at the Counsel table or lectern.
422 If it is necessary to discuss some question out
of
the hearing of the jury at the bench, the attorney may so indicate to
the Court
and if invited, approach the bench for that purpose.
423 Unless excused by the Judge, after the jury has
retired
to deliberate upon a verdict in a criminal case, the attorneys
representing
the defendant and the State shall remain in the immediate area of the
courtroom
so as to be available at all times during the deliberations of the
jury and
when the verdict is received.
424 The right to be present during the trial of all
cases
shall be deemed to be waived by a party or his or her counsel by
voluntary
absence from the courtroom at a time when it is known that proceedings
are
being conducted, or are about to be conducted. In such event the
proceedings,
including the filing of additional instructions to the jury after they
have
once retired, or receiving the verdict, may go forward without waiting
for
the arrival or return of counsel or a party. (Wis. Stat.
971.04(3))
425 An attorney who accepts a retainer to handle a
client's
case is presumed prepared and ready for all scheduled court dates
including
Court dates scheduled prior to the date the attorney accepts the
case.
426 Each attorney shall be prepared to proceed
promptly
with matters at the time they are scheduled. If a continuance is
requested
for good cause, or if the matter is settled, each attorney shall
notify the
Court at the earliest possible time, which shall be within two
weeks.
427 No individual other than an enrolled active
member
of the State Bar shall practice law in this state or in any manner
hold himself
or herself out as authorized or qualified to practice law. Any Court
in this
state may by special permission granted by it allow non-resident
counsel to
appear and participate in a particular action or proceeding in
association
with an active member of the State Bar of Wisconsin who appears and
participates
in such action or proceedings.
428 Attorneys and clients are expected to be in the
courtroom
on the date and time scheduled. Attorneys with foreseeable time
conflicts in
other courts will be given due consideration but are expected to plan
to resolve
the conflict without delay in advance whenever possible. If a
continuance is
granted due to a conflict in another Court's calendar, the matter will
be rescheduled
with this Court's calendar having preference.
429 All local Court rules shall apply to pro se
litigants
unless excused by the presiding Judge.
Top of Page
Part 5: The Judge
500 Effective December 31,
1994
501 The Judge shall at all times safeguard the
rights
of the parties and the interests of the public. The Judge shall be
dignified,
courteous and considerate of the parties, attorneys, jurors and
witnesses.
The Judge shall suppress personal predilections, control temper and
emotions
and avoid conduct which tends to demean the proceedings or to
undermine judicial
authority in the courtroom.
502 The Judge shall wear a judicial robe at all
times
while Court is in session, provided judicial discretion may be
exercised otherwise
in extreme conditions.
503 The Judge shall be timely in convening Court and
prompt
in the performance of judicial duties, recognizing the time of
litigants, jurors
and attorneys is valuable and that lack of timeliness creates
dissatisfaction
with the administration of justice.
504 The Judge shall see to it at all times that the
parties,
witnesses and jurors are treated fairly, with due consideration and
respect.
No discourtesies toward them shall be permitted.
505 During the presentation of the case, the Judge
shall
maintain absolute impartiality, and shall neither by work nor sign
indicate
he or she favors any party to the litigation.
506 The Judge should refrain, so far as possible,
from
intervening during the course of the trial. However, the Judge is more
than
a referee. The Judge has the right to question, or even to call
witnesses,
to clarify questions and answers, and to make inquiries where
obviously important
evidentiary matters are ignored, or inadequately covered, but must do
so in
an impartial manner, not as a partisan or advocate.
507 In jury cases which are disposed of upon a
motion
for dismissal or directed verdict, the Judge, in dismissing the jury,
shall
briefly explain the procedure and why a verdict was unnecessary.
Top of Page
Part 6: Clerk of Courts
600 Effective December 31, 1994
601 The Clerk of Court shall be in charge of all
case
records and files, and shall be responsible for courtroom
administration, including
the feeding, housing and transportation of the jury when required.
602 The Clerk of Court shall have the duty to see
that
each witness is sworn separately and that the oath is administered in
a manner
calculated to impress the witness with the importance and solemnity of
the
oath taken.
603 Witnesses, when sworn, should stand near the
bench
or the witness stand. After the witness is sworn, the clerk shall
direct the
witness to give the reporter his or her full name, and request the
witness
to spell his or her surname. The witness should then be seated.
604 When a jury has been selected and is to be
sworn,
the Clerk of Court shall request the jurors to rise while the jurors'
oath
is being administered.
605 The conduct of the Clerk of Court before the
Court
and with other counsel should be characterized by candor, fairness and
impartiality.
Rules of decorum in Part 4 will apply to the Clerk of Court unless
leave is otherwise given by the presiding Judge.
Top of Page
Part 7: Bailiff's Duties
700 Effective December 31,
1994
701 It shall be the duty of the bailiff to maintain
order
at all times as litigants, witnesses and the public assemble in the
courtroom,
during the progress of the trial and during recesses of the Court.
This includes
the duty to admit persons to the courtroom and direct them to their
seats and
to refuse admittance to the courtroom in such trials where the
courtroom is
occupied to its full seating capacity.
702 It shall be the duty of the bailiff to take
charge
of and supervise the jury during the course of a trial, during Court
recesses,
and during time of jury deliberation, to assure that no unauthorized
persons
come into contact with members of the jury. If such an attempt is
made, the
bailiff shall notify the Judge at once. During sequestered trials, the
bailiff(s)
shall take the foregoing precautions on a 24-hour-a-day basis.
703 The conduct of the bailiff before the Court and
with
other counsel should be characterized by candor, fairness and
impartiality.
Rules of decorum in Part 4 will apply to the Bailiff unless leave is
otherwise
given by the presiding Judge.
Top of Page
All Small Claims Order to Show Cause
Orders to be Served Pursuant to Sec. 801.11, Stats.
WHEREAS, it has been the policy of the Grant County Circuit Court to
allow service of small claims Order To Show Cause Orders
by regular mail; and,
WHEREAS, this policy has resulted in commitment orders being executed
for the commitment of persons who did receive notice of
the Order To Show Cause hearing, or who did not receive credit for
payment of the underlying judgment.
NOW, THEREFORE, EFFECTIVE IMMEDIATELY:
- It shall be the policy of the Circuit Court for Grant
County to require that all small claims Order To Show
Cause Orders be served by personal service which complies with the
requirements of sec. 801.11, Stats.
- Proof of personal service shall be filed with the Clerk of Circuit
Court prior to the court considering the imposition of a contempt
sanction.
- The Clerk of Circuit Court who is presented with a certificate of
personal service shall add the cost of personal service to the
plaintiff's claim and said amounts shall be payable as either a
condition of satisfying the small claims judgment or as a condition of
purging a contempt order.
Dated this 25th day of February, 1999.
Authorization to Serve Small Claims
Actions on County Residents by Regular Mail Pursuant to Sec. 799.12(3),
Stats.
WHEREAS, it has long been the policy of the Grant County Circuit
Court to allow service of small claims Summons and Complaints on County
residents by regular mail; and,
WHEREAS, it is believed that this policy had been adopted by a
validly enacted local rule pursuant to sec. 753.35, Stats., but that a
copy of said local rule has not been found; and,
WHEREAS, the Clerk of Circuit Court has been able to locate one local
rule pertaining to the service requirements for small claims actions
which refers to this long standing practice in Grant County, and said
local rule being attached hereto.
NOW, THEREFORE, EFFECTIVE IMMEDIATELY, to clarify the policy
previously in effect in Grant County allowing for the service by regular
mail of Summons and Complaints upon County residents in small claims
actions is now formally enacted, or reenacted as the case may be, as a
local rule, and said policy is specifically readopted, as provided for
in sec. 799.12(2} and (3), Stats., and as provided for in sec. 753.35,
Stats.
Dated this 30th day of November, 2006.
Parents of Minor Child(Ren)
Involved in an Action Affecting the Family are Required to Attend
Parenting Classes Pursuant to Sec. 767.401, Stats.
WHEREAS, pursuant to sec. 767.401, Stats., parents
of minor children involved in an action affecting the family may be
required to attend a parenting class that is appropriate and in the best
interest of the minor child(ren); and
WHEREAS, it has been the policy of the Grant County
Courts to require completion of a parenting class by parents of minor
children through an order of the Family Court Commissioner, but recent
statutory revisions may require the order to be signed by a Judge.
NOW, THEREFORE, EFFECTIVE IMMEDIATELY, whenever a
petition affecting the family is filed which concerns a minor
child(ren), the parents of the minor child(ren) shall be ordered to
attend a parenting class and the Clerk shall attach the order to the
petition. In addition, the parties are required to provide the Clerk of
Circuit Court with evidence of compliance with the order no later than
for (4) months from the date of filing.
Dated this 12th day of February, 2007.
