Iowa County
Circuit Court Rules
(Seventh Judicial District)
- Chapter One: General Court Rules
CHAPTER ONE: GENERAL RULES
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CIRCUIT COURT RULES
Court rules were adopted by written order of the Circuit Judge for
Iowa County, and approved by the Chief Judge, Seventh Judicial
Administrative District.
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 Iowa County Circuit Court. A copy of this Code shall be posted
for public view on the bulletin board in the law library. 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.
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RULES OF DECORUM
Court shall be formally opened each day in which court business is
transacted, either by the court security officer or the clerk of
court.
As the judge enters the courtroom, the bailiff or clerk of court
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 of Iowa County is now open. Silence is commanded." All
shall be seated and the business of the Court shall proceed.
In recessing, the Judge shall announce, "The Court is now in
recess."
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.
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.
When the trial is to a jury, the parties, their attorneys, court
personnel and the judge shall take their places in the courtroom before
the jury is returned to the jury box. All present in the courtroom shall
stand until the jury is seated
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.
When a lawyer or party is addressing the jury, he or she shall not
crowd the jury box.
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.
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 .I arguments, no juror shall be
addressed individually or by name.
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 the proceedings in the eyes of the jury.
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.
Witnesses shall be examined with courtesy and respect, and their good
faith presumed until the contrary appears.
The Judge shall wear a robe while presiding on the bench, provided
that judicial discretion may be exercised otherwise in proper
situations.
-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 court security
officer/bailiff shall provide water for officers of the Court and the
jury during jury trials.
-Hats and caps shall not be worn in the courtroom.
-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.
-All local Court rules apply to pro se litigants unless excused by
the presiding Judge.
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ATTORNEY'S AUTHORITY
In all pre-trial 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
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CALENDARS IN COURT
All attorneys are required to have their calendars with them in court
and at al 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.
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APPEARANCES BY TELEPHONE
Appearances, argument and testimony may, with prior approval, in
limited circumstances, be made by telephone in the Circuit Court of Iowa
County, subject to the requirements of Sec. 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. Personal
appearances are preferred.
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SCHEDULING CONFERENCES
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. Scheduling conferences will be conducted off the record, in
court or chambers, unless any party or counsel requests otherwise~
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DAY TO DAY CALENDAR ASSISTANCE
During a judge's temporary absence or inability to act due to
temporary court congestion, illness or other reason, any other full time
circuit judge, having a general assignment for the county, not
previously disqualified, shall have jurisdiction to provide assistance
when appropriate under the circumstances.
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COURT CALENDAR AND SCHEDULING
CCAP Calendar shall be the primary resource for scheduling court
matters.
All matters shall be entered in to the CCAP Calendar at the time of
scheduling or as soon thereafter as is practicable.
The Clerk of Court, the Judicial Assistant, or designated deputies,
shall have the primary responsibility for scheduling traffic and small
claims returns. The Resister in Probate shall have primary
responsibility for scheduling all probate matters and matters filed
under Chapters 48, 51, 55, ~_80 and 938. Except for matters scheduled by
the Circuit Court Judge during in-court proceedings or scheduling
conferences, the Judicial Assistant shall have the primary
responsibility for scheduling all other circuit court matters.
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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 form 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.
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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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CAMERAS IN THE COURTROOM
A notice of intent to bring cameras or recording equipment into a
courtroom or other hearing chamber, pursuant to SCR 61.02(2), shall be
made orally or in writing to the office of the judicial officer
conducting the hearing or trial. If possible, this notice shall be at
least three days in advance of the hearing/trial. This requirement may
be waived by the Court if good cause for waiver is demonstrated.
A notice by one media representative shall be sufficient for all
subsequent hearing and trial in said case. Each media organization must
provide an individual notice; one notice shall not suffice for all other
media representatives.
The clerk or secretary of the judicial officer conducting the hearing
or trial shall make diligent effort to notify the attorneys and any
unrepresented parties by telephone as soon as reasonably possible of the
notice, and place a copy of the Media Request for Cameras in the
Courtroom form in to the file indicating the time of doing so.
A party moving to close to the news media any judicial proceeding
required by law to be public, should be closed to the news media, must
notice the Court and the media Coordinator three (3) days prior to the
hearing/trial, if possible. This requirement may be waived by the Court
if good cause for waiver is demonstrated. The motion will be heard
before the commencement of the hearing. The burden shall be upon the
moving party to show why Wis. Stats. 757.14 should not apply.
The name of the Media Coordinator and Deputy Media Coordinator will
be on file in the District Court Administrator's office.
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USE OF ELECTRONIC EQUIPMENT
Electronic Equipment, including, but not limited to cellular phones,
beepers, lap-top computers and recording devices, may not be used in the
courtroom or jury deliberation room without specific permission, of the
Judge.
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ADA ADVISORY
The following language shall be included on all summons, small claims
trial notices, warrants,' subpoenas and jury questionnaire and
summons:
"If you require the assistance of auxiliary aids or services because
of a disability, call (608) 935-0399 or (TDD (608) 935-????) and ask for
the Court ADA Coordinator. "
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LENGTH OF BRIEFS
Briefs of a party or guardian ad litem in civil and administrative
review cases will be limited in length to 40 pages if typeset, 50 pages
if typewritten or 20,000 words if printed by other means, unless
otherwise ordered by the Court. Reply briefs and briefs by non-parties
shall be limited in length to 10 pages if typeset, 13 pages if
typewritten or 4,000 words if printed by other means, unless otherwise
ordered by the Court.
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LAW CLERK MEMORANDA
Law clerk memoranda are judicial work product. All such memoranda
will be prefaced with a clear and express statement identifying them as
"judicial work product " and said memoranda shall remain
confidential.
Courtroom rules apply to all those in attendance in the courtroom and
adjoining service and conference room including the Law Library and
clerical and reporter support facilities.
Effective January 9, 2002
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BONDS
This Local Court Rule shall confirm the pre-existing policy of
returning bond money to defendants. If a defendant is found guilty, the
posted bond money shall be distributed as follows:
a. Payment of any fine or forfeiture
b. Payment of any court costs, including restitution.
c. Payment of attorney fees
d. Any remainder shall be returned to the payor
If a defendant is found not guilty or the case is dismissed, the
posted bond money shall be returned to the payor.
Effective January 8, 2002
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PATERNITY ACTIONS AND ATTORNEY
FEES
Iowa County shall not appoint counsel for parties in paternity
actions. Iowa County will refer said parties to Western Wisconsin Legal
Services or the State Public Defender, or supply the parties with a
toll-free telephone number of a free legal service.
Effective January 8, 2002
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PAYMENT OF DEAN APPOINTMENT
BILLS
In all criminal actions in which an attorney has been appointed to
represent the
defendant by the Court, that attorney shall file a final billing
statement with the Court for all ~. fees incurred within thirty (30) day
after sentencing. Any statements received by the Court ":: after the
thirty days has passed, will not be paid by Iowa County and will be
returned to the attorney for collection directly from the defendant.
Effective January 8, 2002
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TELEPHONIC APPEARANCES
Due to the inadequacies of the Iowa County telephone system and the
increased constraints a telephonic hearing places on the Court, the
parties and the court staff, telephonic appearances will only be allowed
in the Iowa County Circuit Court upon receipt of a written request to
appear telephonically and upon Court approval.
Effective January 8, 2002
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DOCKETING OF JUDGMENT FOR UNPAID
RESTITUTION/FORFEITURES IN JUVENILE ACTIONS
There is no provision in the Clerk of Circuit Court office for the
waiving of the docket fee for Judgments for Unpaid
Restitution/Forfeitures in juvenile actions. It is this Court's
understanding that it was the intent of the Wisconsin Legislature that
there was to be no docket fee paid in juvenile judgments. That being the
case, the Iowa County Clerk of Circuit Court will be directed to waive
all docket fees in juvenile judgments.
Effective January 8, 2002
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UNDERAGE DRINKING VIOLATIONS FOR
CHILDREN AGED 15 AND 16
The bond book states assessments and costs for underage drinking
violations for children ages 15 and 16 are discretionary with the
court.
The following guidelines will be followed:
Age 15 & 16:
1st Offense: $30.00 plus costs ($125.90) and 90 day suspension
2nd Offense: $50.00 plus costs ($150.50) and 120 day suspension 3rd
Offense: $100 plus costs ($212.00) and 180 day suspension.
Others will be per bond book and statute.
Guidelines are subject to discretion of the Court.
Effective January 8, 2002
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E-MAIL TRANSMISSIONS
The only recipient of correspondence on Iowa County Circuit Court
business is the Office of the Clerk of Circuit Court.
This will serve to advise you that correspondence, i.e. mail, fax and
electronic mail received by your office or agency need not be forwarded
to the Clerk of Circuit Court. You are not required to serve as a
message relay resource. Those people with business for the Court must
contact the Clerk of Circuit Court.
Effective January 8, 2002
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SHARING INFORMATION
When pursuing persons who have outstanding bills with Iowa County, it
is ordered that the clerk may utilize the information in any and all
files that are on in the possession of the Iowa County Clerk of Circuit
Court office, the Iowa County Register in Probate office or the Iowa
County Child Support office.
Effective January 8, 2002
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JURY TRIALS
In any action filed in Iowa County where a jury trial has been
requested, Counselor the parties shall notify the Court in writing at
least 5 working days prior to the jury trial date whether or not the
jury trial will proceed on the scheduled date.
Failure to notify the Court may result in assessment of costs.
Effective January 8, 2002
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COSTS FOR RE-OPENING TRAFFIC & FORFEITURE
ACTIONS
According to Section 814.07, the court has the discretion to allow a
filing fee on a motion.
Effective immediately, any party requesting to re-open a civil
traffic or forfeiture action is required to pay a $50.00 filing fee.
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GUARDIAN AD LITEM PAYMENT GUIDELINES
I. Amount
$2,000 shall be posted within 10 days following the court order of
appointment (subject to the exceptions below). Fees shall be
divided equally between the parties unless the court orders otherwise
for reasons placed on the record. Payment shall be made as
follows:
a. $1,000 per party
b. Upon a showing of need and approval by the court, a party may have
option of posting $500 plus $50 per month via wage assignment for 10
months. Monthly payments would be court ordered and subject to
contempt orders if not paid.
II. Claims of Indigency
a. Parties retain the right to petition the court for relief from
standard payment orders.
b. Claims for relief from payment order would be made in writing and
accompanied by a financial statement.
c. If a party is low income, but not fully indigent (i.e. court
determines that there is some ability to pay), the court may temporarily
suspend or reduce the lump sum deposit and enter an order for monthly
installment payments. Wage assignments will be required where
there is employment. These orders shall require notice of change
in address, employer or earnings.
d. If the party is fully indigent, the court may order the other
party to pay the GAL fees. The indigent party may be required to
reimburse the fees from the division of property. If both parties
are indigent, the court may require county payment.
e. Indigency shall be defined as per Sec. 814.29(1).
III. Mechanics
a. The moving party or petitioner shall submit an order appointing a
GAL in conformance with the policy, along with any proposed liens and/or
wage assignments. A party claiming low income or indigent status
shall serve on the court and parties a request for relief from the
payment policy and a financial statement.
b. The court need not hold a hearing on relief from GAL fee
requirements, but may enter an order based upon the written request for
relief and financial statement. If further information is needed
by the court, the court may request it or hold a hearing.
c. A GAL shall send the parties monthly fee statements. When
fees reach the level of $1,000, the GAL shall send a statement to the
court and may request an interim payment. Fees shall be paid by
certification of the Clerk of Circuit Court and guaranteed by the
county.
d. Any GAL whose bill will exceed $2,000 shall notify the court and
parties before they have spent 25 billable hours on the case, or when
the case is set for a final hearing, whichever occurs earlier. Failure
to notify the parties may result in fees being limited to $2,000.
The court, upon receiving such a notice, may enter a further order
concerning payment which shall require further deposits consistent with
the guidelines stated above.
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USE OF ELECTRONIC EQUIPMENT IN THE
COURTROOM
When an attorney or counsel wishes to use the electronic equipment in
the Iowa County Courtroom, it is each attorney's responsibility to
operate the equipment, not the court staff.
The court requires anyone intending to use the Iowa County Courtroom
electronic equipment to familiarize themselves with the courtroom and
the equipment no less than 3 days prior to its intended use so that the
equipment may be appropriately managed and operated.
It is further ordered that counsel shall prior to the day of its
intended use and during the break preceding it's introduction to
courtroom use, shall make sure the equipment is ready for operation so
it may be used in a timely manner and so that case flow is not
interrupted.
It is the parties' duty to present its video, computer and/or
documents in properly usable condition and to meet reasonable standards
and statutory requirements for audio and video use.
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JUVENILE ORDERS
It is hereby ordered that the juvenile clerk shall send all Consent
Decrees, Dispositional Orders and Extension Orders in juvenile matters
to the school district where the child/juvenile attends school.
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PAST DUE OBLIGATIONS
Defendants who have been allowed time to pay their court obligations
and who have become delinquent in their payments shall be mailed a
Reminder Notice. If the Reminder Notice is returned
undeliverable, the defendant's drivers license shall be suspended
as ordered at the time of disposition.
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RELEASE OF ARRESTED PERSONS ON BOND BY LAW
ENFORCEMENT AGENCIES
Pursuant to §753.35, Wisconsin Statutes, subject to the
approval of the chief judge of this administrative district, the court
hereby adopts the following local court rule, to be effective January 1,
2006.
- All persons released by a law enforcement agency with or
without the posting of cash bail shall be required to execute a
Bail/Bond Form CR-203, as may be revised from time to time. For a person
arrested for misdemeanors, including traffic misdemeanors, and released
on a signature bond, i.e. without cash bail, the amount of the signature
bond shall be the amount designated in the Uniform Misdemeanor Bond
Schedule for such offense, as amended from time to time by the Judicial
Conference. The bond amount, whether cash bail or signature, for persons
arrested for multiple offenses shall be the total amount of the bond
deposits required for all of the offenses added together.
- When any of the following factors are found to be present by the
investigating officer(s), including jailers, and documented on the Iowa
County Circuit Court Law Enforcement Referral, bonds issued pursuant to
this local court rule shall have such of the following specific
conditions attached as are indicated by the presence of such factors:
- Weapons: If a charge involves the use of a
dangerous weapon as defined in Wisconsin Statutes §939.22(10), the
arrestee shall be prohibited from possessing a dangerous weapon while
free on bond.
- Alcohol: If alcohol is a contributing factor in a
charge, the arrestee shall be prohibited from possessing or consuming
alcohol, and shall be required to submit to a portable breath test (PBT)
or other breath, blood or urine test, at the request of any law
enforcement officer.
- No Contact: If there are identifiable victims of
the crime(s) for which the person has been arrested, the arrestee shall
be prohibited from having contact with the alleged victim(s) named on
the bond, directly or indirectly, in person, or in writing, by
telephone, by computer, through a third person other than an attorney,
or in any other manner.
- Operating While Suspended or Revoked: If a charge
involves operating a motor vehicle without a valid license, the arrestee
shall be prohibited from driving or operating a motor vehicle unless and
until such person is lawfully licensed and currently valid.
- Substances: Shall be prohibited from possessing
any controlled substance (except via a valid prescription).
- Take Prescribed Medications: Shall be required to
take all prescribed mental health medications.
- Sworn deputies or non-sworn correctional officers of the Iowa
County Sheriff on duty as jailers at the Iowa County jail are hereby
authorized pursuant to this local court rule to sign Bail/Bond Form
CR-203 and Addendum to Bail/Bond Custody Release from Jail. Revisions to
the Addendum must be approved by court order, but revisions to Form CR
203 promulgated by Supreme Court Rule need not be approved by order of
this court prior to their use.
- Copies of Bail/Bond Form CR-203 and Addendum to Bail/Bond-Custody
Release from Jail are attached in the form they exist on the date of the
promulgation of this rule, and are incorporated herein.
Addendum
to Bail/Bond-Custody Release from Jail
75
KB
Effective January 1, 2006
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Accounts for Minor Guardianships
In any minor guardianship action filed in Iowa County, it shall be
required that the guardian of the person of a minor shall file
an annual report with the Iowa County Probate Court on or before the
15th of April of each year. The report shall include the present
address of the ward and guardian, the school district the ward attends,
and the general physical and mental health of the ward.
Failure to file the annual report with the Court may result in
termination of the guardianship or removal of the guardian.
Dated: 7/31/2006
Approved this 2 day of August, 2006
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Small Claims Service
Mail service of small claims pleadings has long been an accepted and
approved procedure in Iowa County, Wisconsin. This will affirm the
procedures as provided by small claims statutory authority and
specifically allow service by mail pursuant to Section 799.12(2) and (3)
Wisconsin Statutes.
A copy of this rule is sent to Chief Judge Michael Rosborough for his
approval nunc pro tunc to January 2, 1997.
Dated: 11/21/06
Approved
this 27 day of November, 2006.
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WATTS Reviews
In Guardianship cases where a protective placement order has been
established, the first WATTS Review shall be held prior to the 1st year
anniversary of the original protective placement order. All subsequent
WATTS Reviews shall be held prior to the year anniversary of the
previous review.
Dated: 01/07/2008
Approved
this 7 day of January, 2008.
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