Green County
Circuit Court Rules
(Fifth Judicial District)
Effective Date: December 1,
1999
Chapter One: General Rules
101: Circuit Court Rules
(A) Court rules shall be adopted by written order of the Circuit
Judge for Green County, subject to approval of the Chief Judge, Fifth
Judicial Administrative District.
(B) Court rules, prior to adoption or revision, 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 Green
County Bar Association at least twenty (20) days prior to formal
adoption.
(C) Orders adopting rules shall specify an effective date.
(D) Once adopted, court rules shall be filed with the Clerk of
Circuit Court and the said clerk shall provide copies to the president
and secretary of the Green County Bar Association, to the chief judge,
and to the persons and entities set forth in S. 753.35(1), Wis.
Stats.
102: Case Processing Time Guidelines
(A) The following case processing time guidelines 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
Misdemeanor (from initial appearance) - 3
months, if not in custody
Felony (from initial appearance) - 6
months
Traffic &Ordinance (from initial
appearance) - 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
(B) 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.
103: Rules of Decorum
(A) As the judge enters the courtroom, the bailiff or clerk of court
shall require all present to rise and stand.
(B) In the recessing, the judge shall announce: "The court is now in
recess."
(C) 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, or
on standard to the right of the judge.
(D) 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.
(E) Witnesses shall be examined 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 the position at the
counsel table or the lectern. Persons examining witnesses may either
stand while examining a witness from the counsel table or remain seated.
In no case shall a witness be crowded during examination.
(F) When a lawyer or party is addressing the jury, he or she shall
not crowd the jury box.
(G) 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.
(H) 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.
(I) Lawyers and court officers shall, while in attendance upon the
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 public.
(J) 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.
(K) Witnesses shall be examined with courtesy and respect, and their
good faith presumed until the contrary appears.
(L) The judge shall wear a robe while presiding on the bench,
provided that judicial discretion may be exercised otherwise in proper
situations.
(M) The "Code of Professional Responsibility, Courtesy and Decorum
for the Courts of the State of Wisconsin", as developed by the Decorum
Study Committee of the Judicial Conference, shall be observed as
guidelines for the conduct of judges, attorneys, court personnel,
parties, and the public in Green County Circuit Court. A copy of this
Code shall be posted for public view on the bulletin board outside of
Room 2. In the event of an egregious failure, or repeated failures, to
adhere to one or more of these standards, the offending individual will
be referred for appropriate disciplinary proceedings.
104: Court Calendar and Scheduling
(A) CCAP Calendar shall be the primary resource for scheduling court
matters. All matters shall be entered into CCAP Calendar at the time of
scheduling or as soon thereafter as is practicable.
(B) The Clerk of Circuit Court, or designated deputies, shall have
primary responsibility for scheduling traffic and small claims returns.
The Register in Probate shall have primary responsibility for scheduling
all probate matters and matters filed under Chapters 48, 51, 55, and
880. Except for matters scheduled by the Circuit Court Judge during
in-court proceedings or scheduling conferences, the Judicial Assistant
shall have primary responsibility for scheduling all other circuit court
matters.
105: Removing Court Files
Court files shall be reviewed by the public, parties, or attorneys
only in the offices of the Clerk of Circuit Court or Register in
Probate. Removal of a court file from either office shall only be
allowed upon specific court order. Under no circumstances shall original
court files be kept longer than 10 days. The Clerk or Register shall
obtain a written receipt for each file removed under this rule.
106: Weapons in Courtrooms
No weapons shall be permitted in the courtrooms, or court-related
areas, except for those carried by sworn peace officers pursuant to the
policies of applicable law enforcement departments.
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Chapter Two: Criminal, Traffic, and
Ordinance Violation Matters
201: Intake
(A) Ordinance Violation (FO) and Traffic Forfeiture (TR)
Matters will be set for initial appearance at 9:00 a.m.,
Mondays, in Room 3. City of Monroe, County, and State cases will be set
on separate Mondays in a three-week rotation.
1. Court Officers will be present. If not previously provided by the
arresting officer, each appearing defendant will be given an information
sheet setting forth traffic court procedures.
2. The Traffic Court Clerk will first call all Criminal Traffic (CT)
cases, all TR and FO cases that are companion charges to CT cases, all
DNR forfeiture cases, and all OWI/PAC cases, and direct the defendants
to report immediately to Room 14.
3. The Clerk will then proceed with the remaining traffic/ordinance
forfeiture (TR and FO) cases as follows:
(a) Non-appearances will be treated as no contest pleas, and the
matters will be disposed of pursuant to standing court order (See Rule
202).
(b) Any defendant who has appeared by letter, personally or by
counsel, prior to the court date will have a not guilty plea entered,
the case will be set for pretrial conference, and notices thereof will
be sent to the prosecutor, defendant and/or counsel. The Notice of
Pretrial Conference will set forth the prosecutor's name and telephone
number, direct the defendant/counsel to contact the prosecutor prior to
the pretrial, and inform the defendant that failure to appear at the
pretrial may be treated as a no contest plea.
(c) Defendants who appear and plead not guilty will be given a time
and date for a pretrial conference and shall be advised of the matters
set forth in the preceding paragraph.
(d) For defendants who appear and plead guilty or no contest, the
clerk is directed to enter judgment of conviction and impose a
forfeiture per the applicable bond schedule, together with appropriate
costs and assessments. If a defendant is unable to pay the forfeiture
and costs immediately, the clerk shall grant 60 days to pay in
non-traffic matters and is authorized to grant up to 60 days to pay for
traffic matters. The clerk shall include in judgments in traffic matters
that the alternate sentence on failure to pay shall be as set forth in
S. 345.47(1)(b), Wis. Stats., and in non-traffic matters the alternate
sentence shall be as set forth in S. 800.09(1)(c), Wis. Stats., subject
to the requirements of S. 800.095, Wis. Stats.
(e) If authorized by the appropriate prosecutor, a court officer may
amend a speeding citation up to 5 m.p.h., and the clerk may accept such
amendment and a plea to the amended charge. All other amendments to
citations must receive prosecutor and court approval and shall only be
considered at or after a pretrial conference.
(f) Any defendant and/or counsel wishing to have the Court review a
case on intake day for reasons other than routine scheduling/processing
as outlined above shall be directed to report to Room 14, and the case
file shall be forwarded to the clerk in Room 14.
4. Defendants shall have 10 days following their initial appearance
or until the time of the pretrial conference, whichever is later, to
file motions and jury trial demands, and to pay required jury fees.
(B) Criminal Traffic (CT) Cases will be set for 9:30
a.m., Mondays, in Room 14. Defendants who have not previously received
formal complaints shall be served with same upon reporting to Room 14. A
representative of the Public Defender's office shall be present at 9:00
a.m. to interview/evaluate defendants requesting public defender
representation. The Court will call all CT cases at 9:30 a.m. or
thereafter, conduct initial appearances, take pleas and set bail. CT
cases will be scheduled for continued initial appearance, hearing on
motions, or pretrial conference as may be appropriate.
(C) All Other Criminal Cases (CM and CF) will be set
for intake at 10:30 a.m., Mondays, in Room 14. A representative of the
Public Defender's office shall be present at 10:00 a.m. to
interview/evaluate defendants requesting public defender representation,
and all summons issued shall inform defendants of this fact. The Court
will call all CM and CF cases at 10:30 a.m., conduct initial
appearances, take pleas or schedule preliminary hearings, and set bail.
Cases will be scheduled for continued initial appearance, preliminary
hearing, hearing on motions, or pretrial conference as may be
appropriate.
202: Traffic and Ordinance Forfeitures: Default
Judgments
Unless the Court otherwise orders in a specific case, default
judgments in traffic,ordinance violation, and other forfeiture matters,
will be entered as follows:
(A) Upon conviction of a traffic forfeiture offense (TR), for a
violation of state traffic laws or municipal or county ordinances in
conformity therewith, a forfeiture in the amount set by the Uniform
State Traffic Deposit Schedule shall be imposed, and the defendant shall
have 30 days in which to pay the forfeiture and costs. Upon failure to
pay, alternate sentence shall be per S. 345.47(1)(b), Wis. Stats.
(B) Upon conviction of a forfeiture offense (FO) for a violation of
state statutes or administrative rules administered by the Department of
Natural Resources, a forfeiture in the amount set by the Uniform Deposit
and Bail Schedule for Conservation, Environmental Protection, Boating,
Snowmobile and ATV Violations shall be imposed, and the defendant shall
have 60 days in which to pay the forfeiture and costs, including
applicable DNR assessments and surcharges. Upon failure to pay, the
defendant shall be summoned to appear in court per S. 23.795(1), Wis.
Stats., and the court will proceed under that section.
(C) Upon conviction of a forfeiture offense (FO) for violation of
non-traffic municipal or county ordinances, a forfeiture in the amount
set by the applicable bond schedule shall be imposed, and the defendant
shall have 60 days in which to the pay the forfeiture and costs. Upon
failure to pay, the defendant shall be summoned to appear in court and
the court will proceed under S. 800.09 and 800.095 Wis. Stats.
203: Occupational Licenses
The Court will issue occupational licenses at 9:15 a.m., Mondays, in
Room 9. Applicants must present a properly completed application, proof
of insurance, and a receipt from the Clerk of Circuit Court showing
payment of the appropriate fee.
204: Cause for Nonpayment/Requests for Extension of Time to
Pay
Any defendant having been ordered to pay a fine or forfeiture and
costs, may, on or before the date said payments are due, show cause to
the court why the same have not been paid and/or request an extension of
time to pay. Hearings on cause for non- payment and requests for
extension shall be scheduled by the Clerk of Circuit Court for 3:30
p.m., Mondays.
205: Installation Payment of Fines and
Forfeitures
Any defendant ordered to pay a fine or forfeiture and costs totalling
more than $250 may request an installment payment agreement. The
agreement will allow the defendant to pay the amount owed in weekly or
monthly installments of not less than $10 per week or $50 per month. So
long as the defendant is current on payments, the alternate sentence
will not be imposed. If, however, any payment is missed, the alternate
sentence of a drivers license suspension or jail sentence will go into
effect until the remaining balance due is paid in full or the defendant
is otherwise discharged from the alternate sentence.
206: Misdemeanor Practice
Defendants will be allowed one continuance of their initial
appearance in order to seek counsel. Defendants who are represented or
who waive counsel at the initial appearance will be asked to plead to
the complaint or will have a plea of not guilty entered by the court.
The case will then be scheduled for pretrial conference. Parties shall
serve and file any motions under S. 971.31, Wis. Stats., within 10 days
of the initial appearance of the defendant, or at or before the time of
the pretrial conference, whichever is later.
207: Felony Practice
Arraignments shall be set for not later than 30 days following a bind
over for trial. If the defendant pleads not guilty, the court will
schedule dates for filing of motions, briefing thereon, and any hearings
that may be required. Calendaring for trial will not occur until the
pretrial conference, which shall be conducted after all motions have
been decided.
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Chapter Three: Civil Cases, Small
Claims
301: Small Claims Actions
(A) Mail Service: Except in eviction and replevin
actions and Orders for Hearing on Contempt, summons in small claims
actions may be served upon defendants who reside within Green County by
regular mail in lieu of personal or substituted service pursuant to S.
799.12(2) and (3), Wis. Stats.
(B) Written Answers: A defendant may join issue in
any of the actions specified in S. 799.01, Wis. Stats., without
appearing on the return date by filing a written answer. Such written
answer must be received by the Clerk of Circuit Court not later than 20
days after the "Date Summons Issued" or by the return date set in the
summons, whichever is earlier. A copy of the written answer must be
mailed to plaintiff's attorney, if any, or to plaintiff. If a written
answer is filed pursuant to this rule, neither plaintiff or defendant
are required to appear on the return date.
(C) Return Date Proceedings: Except for returns in
eviction actions, the Green County Clerk of Circuit Court, or such
deputy clerk as may be designated by the Clerk of Circuit Court, is
authorized to conduct initial return date proceedings. If a defendant
has not filed a written answer and fails to appear on the return date,
upon plaintiff's motion therefor, the clerk may enter judgment upon
plaintiff's verified complaint. If defendant files an answer admitting
plaintiff's allegations, or appears and admits the same, judgment may
likewise be entered for plaintiff. Except in evictions, garnishments and
replevins, if a defendant contests the plaintiff's allegations, the
clerk shall set the matter for hearing before a court commissioner under
S. 799.207 Wis. Stats. In evictions, garnishments and replevins which
are contested, the clerk will forthwith schedule the matter for a
hearing to be held as soon as possible before a judge.
(D) Contempt Proceedings: All orders to show cause
for contempt and proceedings thereon shall be scheduled before a
judge.
(E) Replevin and Eviction Judgments, Writs: Even
though notices of entry of judgment may be issued by the clerk in
uncontested matters under Rule 301(C), all written judgments of replevin
and eviction, writs of replevin, and writs of restitution shall be
signed by a judge.
(F) Review by Judge on Return Date: Any party and/or
counsel wishing to have the court review a case on intake day for
reasons other than routine scheduling/processing as outlined above shall
be directed to report to Room 14, and the case file shall be forwarded
to the clerk in Room 14.
302: Review for Service
All civil cases will be reviewed for service and answer 90 days after
filing. If at that time it is found that a case has not reached issue, a
dismissal order or default proceeding shall be initiated by the
court.
303: Attorneys' Authority
In all pretrial matters, attorneys must have the authority to
negotiate in the absence of their clients or, if authority is not
granted, immediate telephonic access to the clients shall be
required.
304: calendars in Court
All attorneys are required to have their calendars with them in court
and at all scheduling conferences so that dates can be set. In the event
that an attorney does not have his or her calendar in court, a date will
be set in accordance with the judge's calendar.
305: Appearances by Telephone
Appearances, argument, and testimony may be made by telephone in the
Circuit Court for Green County, subject to the requirements of S.
807.13, Wis. Stats. The party or attorney requesting such proceedings
shall arrange for the telephone call to the court number after
consultation with the Judicial Assistant, other counsel, and any non-
represented parties in the action. Except for scheduling and pretrial
conferences conducted in chambers, proceedings by telephone shall be
conducted in the courtroom.
306: Scheduling Conferences
(A) Scheduling conferences will be conducted by the court upon
request of any party after 90 days have elapsed from the filing of the
summons and complaint.
(B) All civil cases will be reviewed after ten months from the date
of filing, and if no scheduling order has been entered, the court shall
conduct a scheduling conference, set the matter on for dismissal, or
enter such other order as may be appropriate.
(C) Scheduling conferences will be conducted off the record, in
chambers, unless any party or counsel requests otherwise.
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Chapter Four: Family Court
401 Office of the Family Court Commissioner
401.1 - The Office of the Family Court Commissioner shall consist of
all Court Commissioners assigned by the Circuit Court Judge to act in
actions affecting the family in Green County. All references in these
rules to the Family Court Commissioner shall apply equally to any such
Court Commissioner.
401.2 - The Family Court Commissioner shall conduct temporary
hearings, motion hearings and pretrials in family matters, child support
enforcement actions, initial appearances in paternity matters, and
motions for certification of contempt. The Family Court Commissioner
shall also conduct all post-judgment hearings in any action affecting
the family.
401.3 - All hearings before the Family Court Commissioner shall
result in oral decisions or orders unless expressly stated to the
contrary by the Family Court Commissioner at such hearing. Oral orders
shall be reflected by a written memorandum prepared by counsel of record
or any unrepresented party to the action within 10 days after the
hearing at which the order was set forth. Unless otherwise ordered by
the Family Court Commissioner, the party which caused the hearing to be
scheduled shall be responsible for preparation of the memorandum.
401.4 - If form orders or memoranda are available from the court,
such forms shall be completed and approved by the parties or counsel
prior to leaving the courthouse after the hearing, and shall be
immediately submitted to the Family Court Commissioner for review and
signature. Completion of such a form shall relieve counsel or the
parties from preparation of any other order or memorandum from such
hearing unless otherwise ordered by the court.
401.5 - If form orders or memoranda are not available from the court,
counsel or an unrepresented party preparing the written order or
memorandum shall submit the same to counsel of record for all other
parties for their review and approval. If any party is unrepresented,
counsel or an unrepresented party preparing the written order or
memorandum shall submit the same to the unrepresented party directly. If
no written objection to such memorandum or order is received by the
Family Court Commissioner within 5 days of the receipt by the Family
Court Commissioner of such memorandum or order, the same shall be deemed
approved by such unrepresented party. This 5 day provision applies only
to unrepresented parties.
401.6 - If the parties or counsel of record cannot agree to the terms
and provisions of the orders of the Family Court Commissioner, they
shall promptly schedule a hearing with the Family Court Commissioner's
Office to review such terms and provisions. The signing of an order or
memorandum of order by the Family Court Commissioner is a certification
to the court that the order or memorandum of order is in compliance with
the decision of the Family Court Commissioner and shall be binding upon
the parties unless a hearing de novo is requested.
401.7 - If the parties or counsel of record cannot agree to the terms
and provisions of the orders of the Circuit Court Judge, they shall
schedule a hearing with the Circuit Court Judge's Office to review such
terms and provisions.
401.8 - If circumstances change during the pendency of a family
action that would warrant a review and modification of any order of the
Family Court Commissioner, either party may, upon proper motion,
schedule the matter for a review by the Family Court Commissioner,
whether or not a hearing de novo was requested following the previous
order.
401.9 - Within 10 days of the signing of any written memorandum or
order by the Family Court Commissioner, either party to the action may
request a hearing de novo by filing a written request with the Clerk of
Courts Office at the Green County Courthouse. If such a request is
filed, the case will be referred to the Circuit Judge's Office for
scheduling of a de novo hearing. Prior to scheduling of the de novo
hearing, counsel of record in the proceeding, or any unrepresented
party, shall file with the Clerk of Courts Office the written order or
written memoranda of oral order signed by the Family Court Commissioner.
A hearing de novo will not be scheduled until such document is on
file.
402: Procedure for Approval and Filing or Orders of the
Family Court Commissioner and Judge
402.1 - After the hearing of a final judgment in family matters, the
court will direct an attorney of record or a party to draft the written
judgment. Such document shall be prepared within 30 days and submitted
to opposing counsel for written approval prior to submission to the
court for signature. If a party is not represented by counsel, the
proposed judgment shall be submitted to the party by mail simultaneously
with the submission to the court for signature. The Family Court
Commissioner or Circuit Court Judge, as the case may be, will sign the
original order and file it with the court upon obtaining the approval of
all counsel of record. If any party is not represented by counsel at the
final hearing, the final judgment shall be held for 5 days prior to
signing to allow such unrepresented party an opportunity to file a
written objection to the form of the order. Any dispute regarding the
terms and conditions of such an order or judgment shall be dealt with
pursuant to Local Rules 401.4 or 401.5.
402.2 - After any hearing in family matters, the Circuit Court Judge
or Family Court Commissioner may prepare the written order or judgment
and sign the same without approval by counsel or the parties.
403: Guardian ad Litem Practice
403.1 - Upon appointment of a guardian ad litem in any action
affecting the family, each party to the action, unless otherwise ordered
by the court, shall make a prepayment in the amount ordered by the court
directly to the appointed guardian ad litem, upon acceptance of the
appointment, for deposit in his or her trust account, subject to further
order of the court. Failure of either party to pay guardian ad litem
fees during the pendency of contested actions may result in the
imposition of sanctions by the court or delay in scheduling such matters
for contested hearings or trials.
403.2 - If any party believes that he or she is indigent and entitled
to a waiver of the prepayment to the guardian ad litem, that party shall
file an Affidavit of Financial Resources and Petition for Waiver with
the court, and the court may waive all or part of the advance fee, and
may order the non-indigent party to pay the entire prepayment. If both
parties are indigent, the court, in its discretion, may direct that
Green County pay the fees pursuant to the provisions of Section
767.045(6), Wis. Stats.
403.3 - The guardian ad litem shall submit affidavits of fees during
the pendency of contested custody actions as directed by the court.
404: Family Court Counseling Services
404.1 - The Green County Family Court Commissioner is appointed as
the Director of Family Court Counseling Services. The Family Court
Commissioner shall review all family actions for determination under the
statutes as to the appropriateness or necessity of directing the parties
to mediation. The initial mediation session shall be provided without
cost to the parties. If mediation continues beyond the initial session,
the court may direct one or both parties to prepay $100.00 per party to
the Clerk of Courts Office prior to additional mediation sessions.
404.2 - If any party is financially unable to make a payment, the
party shall file an Affidavit of Financial Resources and Petition for
Waiver with the court, and the court may waive all or part of the
advance fee based upon inability to pay.
404.3 - Fees for mediation shall be paid directly to the Green County
Clerk of Circuit Court, Room 7, Courthouse, Monroe, Wisconsin 53566 by
mail or in person. Payment shall be made by Cashier's Check, cash or
money order. Failure of either party to pay fees of mediation during the
pendency of contested actions may result in the imposition of sanctions
by the court or delay in scheduling such matters for contested hearings
or trials.
404.3 - The Family Court Commissioner shall automatically issue
orders for payment of mediation fees as billed by the mediator and,
unless otherwise ordered, the mediation fees shall be fully due and
payable within 30 days of the receipt of billing from the Family Court
Commissioner's Office. The parties shall be equally responsible for
payment of all mediation fees billed to Green County by the mediator
unless otherwise ordered by the Family Court Commissioner or the Circuit
Court Judge. If either party fails to pay the mediation fees as
directed, the court, in its discretion, may issue a judgment for the
amount of the mediation fees in favor of the county and against the
party or parties responsible for the payment. Any amounts unpaid under
the order of the court will be referred to the office of the Green
County Corporation Counsel for appropriate legal action and collection
proceedings.
405: Hearings for Temporary Orders
405.1 - The parties shall have at the temporary orders hearing a
preliminary financial disclosure statement together with supporting
materials in such detail as will allow the Family Court Commissioner to
evaluate the case. Failure to have such statement and materials at the
hearing may result in an adjournment with costs of no more than $100.00
to the prepared party. No adjournment will be ordered if such would
result in undue hardship to either party or to the children of the
parties.
406: Stipulated Divorces
406.1 - Divorce actions that are fully stipulated shall be scheduled
for final hearing before the Family Court Commissioner unless otherwise
ordered by the Circuit Court Judge.
406.2 - Prior to scheduling a stipulated final hearing, the Marital
Settlement Agreement or Final Stipulation, Final Financial Disclosure
Statements, and Bureau of Vital Statistics form shall be submitted to
the Family Court Commissioner's Office.
406.3 - Upon determining that all prerequisites for a final hearing
have been completed, the Family Court Commissioner shall certify the
matter to the Circuit Court for final scheduling. Upon certification,
the Circuit Court Judge's Office shall schedule the matter for final
hearing and notify the Clerk of Courts Office. The Clerk of Courts
Office shall notify all counsel of record and any unrepresented
party.
407: Contested Family Actions
407.1 - The Family Court Commissioner shall pretrial all contested
family actions. If all matters are not resolved through the pretrial
procedure, the Family Court Commissioner shall set limitations of
issues, deadlines for discovery, disclosure of experts, conducting of
appraisals, exchange of exhibits and witness lists, and any other
matters deemed necessary by the parties or the Family Court
Commissioner. After such pretrial, all stipulated issues shall be set
forth in a Partial Marital Settlement Agreement, which shall be prepared
by counsel of record or the parties and shall be filed with the
court.
407.2 - Upon receipt of the Partial Marital Settlement Agreement, the
Family Court Commissioner shall certify the matter for final trial
before the Circuit Court Judge.
407.3 - Prior to the scheduling of a trial date with the Circuit
Court Judge, all pretrial or scheduling orders shall be fully complied
with. If any scheduling order or pretrial order is not complied with,
and either party to the action feels aggrieved by the delay or inaction
of the other party, the matter may be scheduled for review by the Family
Court Commissioner regarding the imposition of sanctions. The matter
shall be scheduled for hearing before the Circuit Court Judge if the
Family Court Commissioner certifies the necessity for a hearing on the
imposition of sanctions under applicable Wisconsin Statutes.
408: Custody Study Procedures and Appointment of Guardian ad
Litem in Contested Custody Matters
408.1 - The parties and their counsel shall at all times cooperate
and comply with the requests of the Green County Department of Human
Services in regard to custody study procedures. The payment of fees for
custody study procedures shall be the responsibility of the parties and
subject to the request of the agency conducting the custody study. If a
private custody evaluation is either stipulated by the parties or
ordered by the court, the parties shall be fully responsible for the
fees of the custody evaluator. Failure of either party to pay fees of a
custody evaluation during the pendency of contested actions may result
in the imposition of sanctions by the court or delay in scheduling such
matters for contested hearings or trials.
408.2 - The custody evaluator shall provide reports to the Family
Court Commissioner with appropriate copies for filing with the court,
the parties, and counsel of record.
408.3 - The guardian ad litem shall provide reports to the Family
Court Commissioner, to counsel of record, and to any unrepresented
party, as directed by the Family Court Commissioner.
409: Post Judgment Motions and Motions for Contempt Following
Entry of Judgment
409.1 - All motions to modify judgments and all contempt motions to
enforce judgments in family court matters shall be scheduled before the
Family Court Commissioner. The Family Court Commissioner shall conduct a
hearing and set forth such remedial orders or orders revising judgments
as he or she deems appropriate. In contempt actions, the Family Court
Commissioner shall make findings of fact supporting certification of the
action to the Circuit Court Judge for hearing on contempt. All orders
and certifications of the Family Court Commissioner under this section
are subject to the hearing de novo procedures set forth in these
rules.
409.2 - No post-judgment matter will be scheduled before the Circuit
Court Judge for hearing unless the Family Court Commissioner certifies
that the interests of justice and judicial economy require that such
matter be heard by the Circuit Court Judge directly. Prior to any such
certification, a party or his or her counsel must file a motion for
direct hearing to the Circuit Court Judge, together with an affidavit of
facts and a memorandum supporting the motion. Thc Family Court
Commissioner shall conduct a hearing on such motion prior to
certification to the Circuit Court Judge under this subsection. Upon
such certification to the Circuit Court Judge, the Judicial Assistant
shall schedule such matter for hearing and notify the Clerk of Courts
Office. The Judicial Assistant or Clerk of Courts Office shall give
notice to counsel of record and any unrepresented party by mailing such
notice to the last known address.
410: Documents to Be Sealed
410.1 - All financial disclosure statements under § 767.27, Wis.
Stats., income tax returns, custody and home studies, psychological
evaluations, and any other documents or exhibits the court may order in
a specific case, shall be confidential and filed under seal. Access to
any such documents shall be granted only to parties to the action, their
counsel, any guardian ad litem acting in the matter, and with respect to
financial data and tax returns, to a child support enforcement
authority, except as permitted by § 767.27(3)(b), Wis. Stats., or
as otherwise ordered by the court.
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Chapter Five: Probate Court
501: Register in Probate
(A) The Register in Probate for Green County is hereby designated,
pursuant to S. 865.065, Wis. Stats., as Probate Registrar for Green
County, and is authorized to perform all acts and orders under Chapter
865.
(B) The Register in Probate for Green County is hereby appointed a
deputy clerk, pursuant to S. 851.75, Wis. Stats.
(C) The Register in Probate for Green County is hereby authorized,
pursuant to S. 851.73(1)(a), Wis. Stats., to make orders for hearings in
proceedings under Chapters 851 to 880 requiring notice of hearing.
(D) The Green County Circuit Court Judicial Assistant is hereby
appointed Deputy Register in Probate and is authorized to act in the
absence of the Register in Probate.
502: Opening Estates
(A) Opening on Waiver: When all necessary documents
have been filed with the Register in Probate, the Court will review the
probate file in chambers, enter appropriate orders, and issue
Domiciliary Letters forthwith.
(B) Opening on Notice: Returns on notices to open
shall be set for 9:15 a.m., Tuesdays. The Register in Probate shall note
for the record whether any persons appear personally or in writing
objecting to the granting of the petition. If so, the petitioner's
attorney shall be notified and the matter scheduled for hearing.
If no objections are made on or prior to the return date, when all
necessary documents have been filed with the Register in Probate, the
Court will review the probate file in chambers, enter appropriate
orders, and issue Domiciliary Letters forthwith.
503: Clsoing Estates and Trusts
(A) Hearings on petitions to close estates and trusts shall be
scheduled before the court by the Register in Probate or Judicial
Assistant. Tuesdays between 9:15 a.m. and 10:00 a.m. will be reserved
for scheduling of probate matters. Hearings to close may also be
scheduled as follows: At any available court time, except on Mondays; or
at 8:45 a.m. on Wednesday, Thursday or Friday.
(B) The Personal Representative or Trustee should be present at the
hearing to give testimony on accounts and administration. Proof of
Heirship, if required, should also be presented on the record pursuant
to S. 863.23, Wis. Stats. Testimony on heirship and accounts by
telephone will be permitted, provided there is no objection by any
interested party. If telephone testimony is to be given, counsel for
petitioner shall arrange for the witness to call the court room phone at
the time set for hearing.
(C) No Final Judgment or Order Terminating Trust will be entered
unless all documents necessary to close (including waivers and receipts
for advance distributions, if applicable, and proposed judgments or
orders) are on file with the Register in Probate not later than 4:00
p.m. on the day preceding the hearing.
504: Scheduling Guardianships and Contested
Matters
Hearings to appoint guardians and hearings on any contested probate
matters shall be scheduled with the Register in Probate or Judicial
Assistant for any available court time, except on Mondays.
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Chapter Six: Juvenile Court
601: Juvenile Intake
(A) The Juvenile Intake Worker and Deputy Intake Worker shall
establish an "on- call" schedule for non-working hours and shall provide
the same to the Green County Sheriff's Department. Any law enforcement
agency needing to contact an intake worker during non-working hours
shall obtain the name and telephone number of the "on-call" worker from
the Sheriff's Department.
(B) The Juvenile Intake Worker, Deputy, law enforcement personnel,
prosecutors, school personnel, and others dealing with the juvenile
intake process shall be guided in their duties by the "Green County
Juvenile Intake Policy and Procedures" as promulgated by the Court.
(C) Plea Hearings on delinquency and CHIPS petitions shall be
scheduled for 4:00 p.m., Tuesdays, whenever practicable. Subsequent
appearances or hearings shall be scheduled during non-school hours
whenever the court time needed and court calendar will permit.
602: Juvenile Ordinance Violations (JO)
(A) Citations in Juvenile Ordinance Violation (JO) matters shall be
returnable to the Court at 4:00 p.m., Mondays, in the same rotation
scheduled for State, County, City and Village traffic and ordinance
matters.
(B) Juveniles who do not appear and who have not made a deposit prior
to the return date will be summoned to appear at the next scheduled
return date for the plaintiff entity. The summons will inform the
juvenile that failure to appear when summoned could result in a default
judgment and the imposition of a forfeiture and court costs, if
applicable.
(C) If a juvenile fails to appear when summoned, a default judgment
may be entered, and forfeiture and court costs, if applicable, or other
disposition under S. 48.343 or 48.344, Wis. Stats., may be imposed.
603: Juvenile Alcohol Program
Juveniles convicted of underage alcohol or possession violations, if
they so agree, will be permitted to participate in a court-approved
program under S. 48.344(2g) in lieu of part or all of the sanctions that
have been imposed for the violation.
