Jefferson County
Circuit Court Rules
(Third Judicial District)
Rules of Court
Order Appointing Rules
IN RE ESTABLISHMENT OF RULES OF PROCEDURE FOR JEFFERSON COUNTY
CIRCUIT COURTS
IT IS ORDERED that the following are adopted as the rules of court
for Jefferson County Wisconsin, effective January 1, 1982.
Dated at Jefferson, Wisconsin this 1st day of January,
1982.
Rules of Decorum in Circuit Court
Effective October 1, 1982
Purpose
The purpose of these rules is to establish uniform rules of courtroom
decorum throughout the 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.
Courtroom
1. The flag of the United States and 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.
2. Court shall be formally opened each day upon which court business
is transacted, either by the bailiff or by the clerk of court.
3. As the judge enters the courtroom the bailiff or clerk of court by
three raps of the gavel shall require all present to arise and stand.
When the judge has reached the bench the bailiff or the clerk of court
shall announce:
- "Hear ye! Hear ye! Hear ye! The Circuit Court for the County of
Jefferson 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.
4. Upon recessing, the judge shall announce: "The court is now in
recess."
5. 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.
6. When trial is to a jury the jurors shall take their places in the
jury box before the judge enters the courtroom.
7. Dignity and solemnity of the judge and the attorneys shall be
maintained in the courtroom at all times.
8. 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.
9. All attorneys and officers of the court shall dress appropriately
while in attendance upon the court. Pantsuits or dresses shall be
appropriate for women; coats and ties shall be appropriate for men.
Judicial discretion may be exercised otherwise in extreme
conditions.
The Judge
1. The judge shall at all times safeguard the rights of the parties
and the interests of the public. He or she shall be dignified, courteous
and considerate of the parties, attorneys, jurors and witnesses. The
judge shall suppress his or her personal predilections, control his or
her temper and emotions and avoid conduct on his or her part which tends
to demean the proceedings or to undermine his or her authority in the
courtroom.
2. 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.
3. The judge shall be punctual in convening court and prompt in the
performance of his or her judicial duties, recognizing the time of
litigants, jurors and attorneys is valuable and that lack of punctuality
on his or her part creates dissatisfaction with the administration of
the business of the court.
4. 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.
5. During the presentation of the case the judge shall maintain
absolute impartiality, and shall neither by word nor sign indicate he or
she favors any party to the litigation.
6. 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.
7. 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.
The Attorney
1. The attorney is an officer of the court and should at all times
uphold the honor and maintain the dignity of the profession and a
respectful attitude toward the court.
2. The conduct of attorneys 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.
3. Attorneys shall advise their clients and witnesses of the
formalities of the court and seek their full cooperation therewith.
4. 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 will hear their testimony, and should caution witnesses not to chew
anything while testifying.
5. Attorneys should address the court from a position at the counsel
table. 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.
6. Attorneys may never lean upon the bench nor appear to engage the
court in a manner which would lessen the dignity of the proceedings in
the eyes of the jury and public.
7. Counsel shall not knowingly misinterpret the contents of a
document, the testimony of witnesses, the language or argument of
opposite counsel or the language of a decision or other authority; nor
shall the attorney offer evidence which he or she knows to be
inadmissible.
8. The examination of witnesses and jurors shall be conducted from a
sitting position behind the counsel table except as otherwise permitted
by the court.
9. Attorneys shall not approach the witness except for the purpose of
presenting, inquiring about, or examining the witness with respect to an
exhibit, document or diagram.
10. Witnesses shall be examined with courtesy and respect, and their
good faith presumed until the contrary appears.
11. Attorneys shall not exhibit familiarity with witnesses, jurors or
opposing counsel, and generally the use of first names shall be avoided.
In jury arguments, no jurors shall be addressed individually or by
name.
12. In examination of jurors on voir dire, attorneys should insofar
as practicable, use collective questions, avoid repetition, and seek
only material information.
13. When addressing the jury, the attorney shall first address the
court who shall recognize the attorney.
14. Attorneys should not, in addressing the jury, crowd the jury
box.
15. The right to be present during the trial of civil 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 giving 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.
16. After the jury has retired to deliberate upon a verdict in a
criminal case, at least one attorney representing the defendant shall
remain in the immediate area of the courtroom so as to be available at
all times during the deliberation of the jury and when the verdict is
received.
17. 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.
Non-Resident Attorneys
1. 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.
The Clerk of Court
1. 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.
2. 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.
3. 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.
4. When a jury has been selected and is to be sworn, the clerk of
court shall request the jurors to arise and stand while the jurors' oath
is being administered.
5. The swearing of witnesses and jurors shall be an impressive
ceremony and not a mere formality.
The Bailiff
1. 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
seats, and to refuse admittance to the courtroom in such trials where
the courtroom is occupied to its full seating capacity.
2. 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 times 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 shall take the foregoing precautions on a 24-hour a
day basis.
3. The bailiff shall assist jurors as necessary with personal
problems if they arise, and shall inform the judge of any unusual
problems of jurors which should be called to his or her attention.
4. The bailiff shall at no time discuss with the jurors any
litigants, witnesses or attorneys, or any issues involved in the trial,
nor make any effort to assist the jurors in their deliberations.
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Rules of Court for Civil
Litigation
Effective date: July 1, 2001.
The following Local Rules of Civil Procedure are
intended to govern civil litigation not to include family, traffic,
ordinance, or juvenile law. Unless noted, the Wisconsin Statutes apply,
without reference.
These rules are not intended to replace or contravene statutory or
case law authority; nor are they regularly revised. These rules are
subject to modification by the Court in any individual case by
scheduling order or otherwise.
I. Small Claims Procedure
A. General
1. The purpose of Small Claims Court is to resolve disputes in an
informal and efficient manner.
2. All persons participating in Small Claims Court proceedings in
Jefferson County shall be bound by the following rules and
procedures.
3. A guide to Small Claims procedure is available from the Clerk of
Courts upon request.
B. Return Date, Joinder Hearings, and
Appearances
1. The return dates (first court appearance) for small claims actions
shall be established from time to time by the judges of Jefferson County
Circuit Court. At such times the entire roll (calendar) will be read by
the clerk. Each party shall be required to announce their appearance
when their case is called. Defendants will be required to state if they
contest the allegations in the complaint at the time their case is
called.
2. Personal appearance by all parties and/or their lawyers is
required at the time of the return date. Filing written answers does not
alleviate this requirement. Corporate parties shall appear by a lawyer
or a full-time employee.
3. The Court may change the time and/or date of the return date or
joinder hearing.
4. Personal service is required, despite the fact that Wisconsin
Statutes may allow service by mail.
5. If a party contests the allegations in a Small Claims complaint,
the Court may order that a written answer be filed.
C. Default Judgments and Dismissals
1. If a defendant does not appear at the time of the reading of the
calendar, the plaintiff will be granted judgment as prayed for in the
complaint upon filing of proof of service. An Affidavit of No-Answer and
Non-Military Service must also be completed and filed.
2. If the plaintiff does not appear, the matter shall be dismissed.
Plaintiffs may dismiss the matter at any time before the return date
without leave of the Court. It is the plaintiff's responsibility to
notify the defendant not to appear on the return date if the case is
dismissed before the return date.
D. Pre-Trial Conferences
1. If a defendant appears at the return date and contests the action,
the parties shall participate in a pre-trial conference immediately
following the reading of the calendar. The conference will be conducted
by a judge, reserve judge or court commissioner. All participants shall
come to the pre-trial conference with full authority to settle the
matter or otherwise enter into compromises or stipulations on behalf of
themselves or the parties for whom they are appearing.
E. Adjournments
1. No adjournment of any proceeding will be granted without specific
permission of the Court. Except for adjournment requests made at or
before the return date, requests to adjourn must be made to the Court in
writing, shall state the reason for the request for adjournment, and
shall state whether the opposing party consents to adjourn. The
requesting party shall provide a copy of any such written request to all
other parties or, if represented, their attorneys. If no objection is
filed within five days, the court may grant the requested adjournment,
in its discretion, on that basis alone. Any objection to adjournment
must be provided to all other parties or, if represented, their
attorneys, and shall indicate on its face that copies have been so
provided.
2. Telephonic requests for adjournments may be made only when the
adjournment is by stipulation of all parties. It is the responsibility
of the requesting party to arrange for a conference call by all parties
with the Court's judicial assistant.
F. Garnishments
1. Personal service on the Garnishee Defendant and the Judgment
Debtor is required for all Non-earnings Garnishment actions. Proof of
same must be filed with the Court before any proceeds can be released.
Mail service for Earnings Garnishment actions is permitted.
G. Telephone Appearances
1. Except as may otherwise be authorized or ordered by the Court,
telephone appearances are allowed only in Garnishment and Order To Show
Cause hearings and then only by plaintiffs and/or their counsel as
provided in this section. Any plaintiff or plaintiff's counsel who
intends to appear by telephone at a Garnishment or Order To Show Cause
hearing shall include the following language on the respective notice or
pleading: "Pursuant to local court rule: Plaintiff intends to appear by
telephone at this hearing. Defendants are required to appear in person.
Any party who intends to offer documents or other evidence at this
hearing shall furnish copies to the opposing party or, if represented,
opposing counsel, at least 48 hours (two business days) prior to the
hearing. Failure to comply with this requirement may result in exclusion
of evidence or other sanctions."
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II. Facsimile Transmissions of
Documents to the Court
A. Facsimile documents transmitted directly to the Court shall be
accepted for filing only if:
1. The Circuit Court has a facsimile machine capable of reproducing
documents that meet Supreme Court Rule 72.01 concerning retention of
filed documents. (Only plain paper facsimile machines currently comply
with this requirement.)
2. The Circuit Court has a facsimile machine physically located
within the offices of the Clerk of Court or the Register in Probate.
3. The document does not exceed fifteen (15) pages in length,
excluding cover sheet.
4. No filing fee is required.
5. No additional fee or charge must be paid by the Circuit Court for
accepting or receiving the facsimile document.
B. Facsimile documents transmitted to a non-court agency, party or
company for reception and ultimate transmittal to the Court shall be
accepted for filing only if:
- No filing fee is required.
- No additional fee or charge must be paid by the Circuit Court for
accepting or receiving the facsimile document.
C. The party transmitting the facsimile document is solely
responsible for ensuring its timely and complete receipt.
D. The Circuit Court Judge or Clerk is not responsible for:E. The
circuit court judge or clerk is not responsible for:
- errors or failures in transmission that result in missing or
illegible documents.
- Periods when a Circuit Court facsimile machine is not operational
for any reason.
E. A judgment assigned to a particular matter may authorize in
advance the filing of particular documents in that case that do not
conform to these rules if good cause is shown and they are in
conformance with §801.16, Wis. Stats.
F. Documents that are not to be filed but are to be used by the court
for reference or other purpose may be transmitted by facsimile machine
at the discretion of the judge or clerk.
G. Documents filed by facsimile constitute the original document in
the court file. The filing party shall not file a duplicate by mail or
otherwise.
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III. Telephone and Audio-Visual
Equipment and Proceedings and Telephone Conferences
A. Upon satisfaction of statutory requirements, an attorney, party or
witness may appear by telephone with permission of the court.
B. AUDIOVISUAL EQUIPMENT RESERVATION SCHEDULE: The Chief Deputy Clerk
of Court shall be responsible for maintaining the reservation schedule
for the use of the equipment. Reservations shall be on a first-come,
first-served basis. Litigants shall make reservation requests. It shall
be the responsibility of the Chief Deputy Clerk to deliver the equipment
to the courtroom and return the equipment to the designated storage
area.
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IV. Motion Practice
A. All motions shall be in written form and shall be filed with the
Clerk of Circuit Court.
B. Motion hearings shall be scheduled through the judicial assistant
of the presiding judge before filing.
C. Oral argument on motions shall be heard in the discretion of the
Court. Oral argument shall be conducted upon the file and record, and no
testimony shall be taken without notice to the Court and counsel. When
permitted by law and upon written notice by the moving party to the
Court and to all other parties, the Court may hold an evidentiary
hearing on a motion. Without such notice, the hearing on any motion
shall be strictly limited to the record, affidavits, and other documents
in the file, and the Court shall have absolute discretion to exclude
evidence or to recess the hearing and assess costs to the party wishing
to present unnoticed evidence.
D. In the event that counsel for any party fails to give timely
notice, deliver supporting documents, or serve a brief, the motion
hearing, at the Court's discretion, may be adjourned with costs and
attorneys' fees awarded to the inconvenienced party.
E. Attorneys must keep in mind that letters concerning substantive
matters shall not be copied to the Court, as it is a breach of the local
rules of civility.
F. Copies of non-Wisconsin legal authority will be provided to the
court with the cited document.
G. Consolidation motions shall be heard by the branch assigned the
lowest numbered action. If the motion is granted, and the judge with
the higher case number consents in writing, then the branch with the
lower numbered case shall retain, hear and determine consolidated
actions.
H. When the clerk of court, a party or attorney becomes aware of
multiple filings regarding the same child/ren in cases denominated FA,
PA, JC, GN, IN and TP, this fact shall immediately be brought to the
attention of the judge assigned to the earliest filed case. In turn,
that judge will consult with the other assigned judge/s to determine
whether the matters should be unified into a single court. If
unification is ordered, notice will issue.
Effective December 1, 2005.
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V. Submission of Documents to Opposing
Counsel
A. Unless the Court shall otherwise direct, any proposed Order,
Findings, Conclusions of Law or Judgment submitted to the court shall be
simultaneously submitted to opposing counsel. Any objections shall be
made in writing within 5 days or be deemed waived. Any such objection
shall specifically describe the objectionable part of the proposed
documents and the moving party's proposed alternative.
B. Whenever documentary exhibits are presented by counsel during
evidentiary hearings or trial, legible copies shall be provided to all
counsel of record and to the Court. Legible copies shall be submitted to
opposing counsel before submitted as evidence to the Court.
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VI. Pre-Trial Practice
A. Attorneys
1. Trial counsel must appear in person at the pre-trial conference.
The attorneys appearing at the pre-trial conference shall have full
authority to enter into stipulations, including settlement. Counsel
shall be prepared to fully address themselves to all of the items
required by local rules, statutes, or the scheduling order. Counsel
representing parties shall be prepared to address settlement status at
all pretrial conferences by having obtained: specific settlement
authority, telephone access to the party arranged prior to the
appearance, or the presence of the party at the courthouse.
B. Pre-Trial Fact Statement
1. Counsel shall prepare in writing, in advance of pre-trial
conference and for presentation at the pre-trial conference, a concise
factual statement of the claim and/or defense of their client, including
specification and documentation of all damages claimed. Counsel shall
prepare and furnish at the pre-trial conference a written statement of
the stipulations to which opposing parties can reasonably be expected to
enter. Counsel shall prepare, together, a proposed, stipulated fact
statement which may be read by the Court to the venire during its
introductory comments to the panel.
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VII. Discovery
A. Completion of Discovery and Depositions
1. Unless otherwise stated in the Court's Scheduling Order, discovery
shall be completed not later than 10 days prior to the final pre-trial
conference. Requests for production, interrogatories, and requests for
admissions shall be served sufficiently in advance such that the answer
is due not later than the earlier of the date set in the Court's
Scheduling Order or 10 days prior to the final pre-trial conference.
2. Notices of deposition, including subpoenas duces tecum to parties,
shall be served a minimum of 10 days prior to the date for deposition or
production unless a shorter time period is authorized by the Court.
Counsel should attempt to coordinate discovery so that no attorney,
party, or third party is unduly burdened by said discovery's scheduling
or location.
B. Form of Discovery Responses
1. An objection or an answer to an interrogatory shall reproduce the
interrogatory to which it refers. A response or an objection to a
request for admission shall reproduce the request to which it refers. A
response or an objection to a request for production of documents shall
reproduce the request to which it refers.
C. Limitation of Interrogatories
1. No party may serve more than a total of 40 interrogatories in any
case upon any other party without the prior order of the Court. For the
purpose of computing the number of interrogatories served:
a. Each subpart of an interrogatory shall be construed as one
interrogatory;
b. Parties represented by the same attorney or law firm shall be
regarded as one party;
c. Interrogatories inquiring about the names and location of parties,
expert witnesses,and other persons having knowledge of discoverable
information, or about the existence, location, or custodian of documents
or physical evidence shall not be counted toward the 40-interrogatory
limit.
2. If a party believes that additional interrogatories are necessary,
he or she should promptly consult with the party to whom the additional
interrogatories would be propounded and attempt to reach a written
stipulation as to a reasonable number of additional interrogatories. If
a written stipulation is reached, the stipulation and a proposed order
permitting the propounding of additional interrogatories should promptly
be served on all other parties and filed with the Court. If a
stipulation cannot be reached, the party seeking to serve additional
interrogatories may move the Court for permission to serve additional
interrogatories. The motion shall show the necessity for the relief
requested.
3. All motions to compel discovery or production of documents
pursuant to the Wisconsin Statutes governing civil procedure, or any
motion to serve additional interrogatories must be accompanied by a
statement in writing by the movant that, after consultation in person or
by telephone with the opposing party and sincere attempts to resolve
their differences, the parties are unable to reach an accord. The
statement shall recite, in addition, the date and place of such
consultation and the names of all parties participating therein.
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VIII. Adjournments
A. No adjournment of any proceeding will be granted without specific
permission of the Court. Requests to adjourn must be made to the Court
in writing, shall state the reason for the request for adjournment and
shall state whether the opposing party consents to adjourn. The
requesting party shall provide a copy of any such written request to all
other parties or, if represented, their attorneys. If no objection is
filed within five days, the Court may grant the requested adjournment,
in its discretion, on that basis alone. Any objection to adjournment
must be provided to all other parties or, if represented, their
attorneys, and shall indicate on its face that copies have been so
provided.
B. Telephonic requests for adjournments may be made only when the
adjournment is stipulated to by all parties. It is the responsibility of
the requesting party to arrange for a conference call by all parties
with the Court's judicial assistant.
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IX. Miscellaneous
A. Arguments During Trial:
Counsel shall not argue a motion or objection before the jury during
the trial, except upon leave of the Court. Counsel shall make any motion
or objection and legal basis, and then await the Court's ruling or
request for argument.
B. Parties and counsel will use proper address to all
participants.
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Effective date: July 1, 2001
Rules of Court for Probate Practice
General Rules
Case No.
All papers must be filed in any action shall bear in the caption the
case number assigned by the Register in Probate when the file is
commenced.
Papers, Preparation and Filing
Any person required to file any paper in court is responsible for the
preparation of the paper.
All papers shall be legibly written on substantial paper and shall
state the title of the proceeding in which they are filed and the
character of the paper. Uniform forms shall be used if suitable and
available. If papers are not so written or if uniform forms are not used
when suitable and available, the Register in Probate office may refuse
to receive and file them. The Register in Probate office shall show on
all papers the date of their filing.
The Register Shall Handle Routine Probate
Matters
The Register in Probate shall exercise the duties and powers of the
Probate Court Commissioner unless a motion by interested parties is
filed to bring the matter to the attention of the court.
Scheduling
Hearings shall be held on Tuesday morning or at other times by
appointment only.
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Probate Procedures
WHEREAS, the undersigned Judges. of the Circuit Courts of Jefferson
County wish to eliminate unnecessary procedures in probate of estates in
these courts,
IT IS HEREBY ORDERED:
(1) That proof of perpetual caxe of a grave site is no longer
necessary.
(2) That when a final account is not contested by any persons then
interested in the estate, swearing under oath by the personal
representative to the correctness and legality of the final account,
will satisfy the court pursuant to §862.15, Statutes, without
presentment of canceled checks or other proof of disbursements made.
(3) That the Court's first notice of late filing of an inventory
shall be provided by the Register in Probate to the probating attorney,
if any, for the personal representative, pursuant to §858.01,
858.05, Statutes.
Dated this 28th day of April, 1992.
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Protective Placement
WHEREAS §51.40, Wis. Stats., requires determination of the
county of residence by a Court granting protective placement; and the
county of residence determination is applicable in other situations for
funding purposes where the individual does not meet the requirements for
Medical Assistance;
And,
WHEREAS it appears that Jefferson County needs to be provided notice
of any petition for protective placement so that Jefferson County may
appear and address the determination of residency;
And,
WHEREAS the issue of residency is raised under §51.40 and by a
filing of the petition, therefore records relating to residency are not
confidential under §51.30(4)(b)2, Wis. Stats., as they relate to
collection and fees for services;
IT IS HEREBY ORDERED that the petitioner filing a petition
for protective placement of any individual shall serve upon the
Jefferson County Corporation Counsel's office, 320 South Main Street,
Room 201, Jefferson County Courthouse, Jefferson, Wisconsin 53549, a
copy of the Petition end Notice For Hearing pursuant to
§55.06(5).
IT IS FURTHER ORDERED that any and all records and information
regarding the issue of residency in the possession of the petitioner
shall be submitted to Jefferson County upon demand.
Dated this 12th day of November, 1993.
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Local Rules of Criminal Procedure
I. Pre-Trial Conferences
a) Pre-trial conferences shall be conducted at the District
Attorney's Office, room 225, on Wednesdays. Unrepresented defendants
shall appear in person. Defendants who are represented by counsel shall
either accompany their counsel or be available by telephone at the time
scheduled. Both parties shall be prepared to negotiate the case to
resolution. Absent unusual circumstances, the District Attorney shall
notify the Court within one week of the pre-trial conference whether the
case should be scheduled for a change in plea or the next procedural
event (e.g., preliminary hearing, jury trial). If a defendant does not
appear in person or is not available by phone at the scheduled pre-trial
conference, then the case shall be called on the following day's
criminal intake calendar to determine whether a bench warrant should
issue.
II. Motions
a) Notwithstanding §971.31(5)(a), Wis. Stats., motions before
trial shall be served and filed within ten business days after the
pre-trial conference in misdemeanor cases and within ten business days
after the pre-trial conference or arraignment, whichever is later, in
felony cases. Nothing in this subsection shall be construed to limit the
authority of the Court to order a specific motion filing schedule or
deadline.
b) Motions required to be filed within ten days after pre-trial shall
be heard at least two business days before trial. It is the
responsibility of the moving party to schedule said motions for
hearing.
c) Motions to admit or exclude §904.04 evidence, other than
rebuttal evidence, shall be heard at least two business days before
trial.
d) All motions to dismiss shall be heard before the day of trial.
e) Motions in limine shall be filed before trial.
III. Attorney of Record
a) An attorney who represents a defendant shall file with the Court
and the District Attorney a notice of retainer or order appointing
counsel as soon as practicable.
b) An attorney who intends to withdraw as counsel of record shall
first file a written motion and schedule the matter for hearing with
notice to the Court, the State and the defendant. Withdrawal and/or
substitution by an attorney may be accomplished by written stipulation
if agreed to and signed by all attorneys, the defendant, the State and
approved by the Court.
IV. Hazardous Physical Evidence
a) If a party intends to produce potentially hazardous physical
evidence at a trial or other hearing (e.g. biological specimens, objects
which contain bodily fluids, dangerous drugs, dangerous weapons), it
shall be the responsibility of that party to provide for the safe
presentation, handling and storage of said evidence throughout the trial
or other hearing. This rule requires, without limitation by enumeration,
that said party make reasonable and safe provision for any witnesses,
attorneys or Court personnel who are likely to have physical contact
with such potentially hazardous physical evidence.
V. Plea Hearings
a) It is the responsibility of defense counsel to complete the Plea
Questionnaire/Wavier of Rights form (CR-227) with the defendant prior to
the scheduled time of the plea hearing. Defense counsel shall attach to
the form a copy of the Wisconsin Criminal Jury Instruction for any crime
to which a plea will be entered. For cases involving the following
misdemeanor offenses, the local Court form (copies of which are
available in the courtroom) listing the offense elements and penalties
may be used in lieu of a copy of the Wisconsin Criminal Jury
Instruction: OWI/PAC, Issuance of Worthless Check, Bail Jumping,
Obstructing, Carrying Concealed Weapon, Possession of THC, Drug
Paraphernalia, Disorderly Conduct, Battery, Criminal Damage to Property,
Theft, Retail Theft.
VI. Sanctions
a) Violation of any rule is punishable at the Court's discretion.
Effective July 1, 2001
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Huber Privileges & Community
Service Work
BEING SATISFIED IN THE PREMISES, IT IS HEREBY ORDERED that when a
Circuit Court in Jefferson County sentences a defendant to imprisonment
in the county jail, and allows release on Huber privileges, those
privileges include community service work allowed under sec. 973.03(3),
Wis. Stats. The defendant earns good time at a rate of one day for each
three days of work performed equal to eight hours. This community
service work may be performed for a public agency or nonprofit
charitable organization. This community service work option must be
agreed to by the defendant and the organization or agency. The defendant
must be provided a written statement of terms of the order. Only
prisoners eligible under sec. 973.03, Wis. State., and jail rules are
eligible for the community service option.
Dated this 21st day of May, 1992.
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Uniform Deposit & Misdemeanor Bail
Schedule
- To: All police and sheriff's agencies located in
Jefferson County
- Re: New policy concerning use of Uniform Deposit
and Misdemeanor Bail Schedule
- Date: December 8, 1992
By a Decision filed March 11, 1992, the Wisconsin Supreme Court
determined that the existing UniformMisdemeanor Bail Schedule does not
comply with Section 969.065, Statutes, which requires that guidelines
(schedules) for cash bail for persons accused of misdemeanors, must
relate primarily to the individual. As you may have recognized, the
present and past bail schedules primarily relate to the offense charged,
not the individual being charged.
Effective January 1, 1993, a new preamble for the bail schedules
requires release from custody of persons arrested for misdemeanors
unless the person arrested lacks proper identification, represents a
danger, lacks ties to the community, has failed to appear in court
previously, needs to be held to carry out further investigation or there
is specific statutory authority requiring detention. For persons
arrested on a forfeiture offense, the person arrested must be released
if he or she has a valid Wisconsin drivers license, has sufficient ties
to the community or otherwise is likely to appear in court as scheduled.
Enclosed please find a statement of this new preamble to the bail and
deposit schedules, together with a matrix which the Wisconsin Judicial
Conference suggests may be useful to law enforcement agencies in
applying the schedule so that it relates primarily to the individual
rather than the offense.
At first the matrix may seem confusing, but upon familiarity with it,
we believe that law enforcement officers will appreciate for determining
when to release a person arrested and when to require the cash bond from
the schedule.
Preamble for Forfeiture and Misdemeanor Bail
Schedules
I. All persons arrested for a violation of a state or municipal
forfeiture shall be released from custody without a cash bond if
they:
- Have a valid Wisconsin driver's license or can show sufficient
evidence of ties to the community or
- The arresting officer is otherwise satisfied that the accused will
make future court appearances.
II. All persons arrested for a misdemeanor, including a misdemeanor
traffic offense, shall be released from custody without a cash bond
unless any of the following exist:
- The accused does not have proper identification.
- The accused appears to represent a danger of harm to himself or
herself, another person or property.
- The accused cannot show sufficient evidence of ties to the
community.
- The accused has previously failed to appear in court or failed to
respond to a citation.
- Arrest or further detention is necessary to carry out legitimate
investigative action in accordance with law enforcement agency
policies.
III. All persons not released pursuant to I and II for a forfeiture
misdemeanor or misdemeanor traffic offense shall be released upon
compliance with the state deposit or misdemeanor bail schedules unless
bail is otherwise set by the court.
IV. These guidelines do not supersede specific statutorily mandated
detention.
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Juvenile Court
Rules
Case Assignment
1.1 Rotation Rule
The first time a juvenile is the subject of a petition under Ch. 48
and/or Ch. 938, Wis. Stats., the file will be assigned to the judge
presiding in the intake court during the month of the plea hearing. That
court will continue its assignment in any Ch. 48/Ch. 938 proceeding
regarding that juvenile. This includes subsequent petitions for
determination of status, petitions for extension or revision, petitions
to determine custody status and petitions to terminate parental rights.
The original court will continue to hear Ch.48 and Ch.938 matters
concerning the juvenile whether or not there has been a lapse in
jurisdiction. The CHIPS court will hear CHIPS allegations of all
children in the same family household.
1.15
When the clerk of court, a party or attorney becomes aware of
multiple filings regarding the same child/ren in cases denominated FA,
PA, JC, GN, IN and TP, this fact shall immediately be brought to the
attention of the judge assigned to the earliest filed case. In turn,
that judge will consult with the other assigned judge/s to determine
whether the matters should be unified into a single court. If
unification is ordered, notice will issue.
Effective December 1, 2005.
1.2 Custody Hearings
Custody status hearings are to be heard in the Branch with original
jurisdiction over the child/juvenile. However, if the court is
unavailable within the time periods required by statute, the custody
status hearing is assigned to the Intake judge. Finally, if no judge is
available for the custody status hearing within the statutory time
limitations, the Jefferson Juvenile Court Commissioner is authorized to
hear the custody status petition.
Legal Representation for
Minors
2.1 Jefferson County Guardian ad Litem
The Jefferson County G.A.L. is appointed by standing order in
Juvenile Court proceedings requiring a G.A.L. for the child who is the
subject of the proceeding, in the following cases: Children alleged or
adjudicated in need of protection or services; juveniles alleged or
adjudicated in need of protection or services; involuntary terminations
of parental rights. The Jefferson County G.A.L. is appointed by standing
order, unless the court designates a private attorney.
2.2 Notification of Appointment:
2.21 Private Attorney Notification
Upon the court's appointment of a private attorney as adversary
counsel or guardian ad litem, the Clerk of Court shall notify the
attorney appointed and process such order and consent forms as may be
required. The appointment is effective upon the attorney's statement to
the clerk that he or she accepts the appointment. Such consent forms as
are required shall be executed as soon thereafter as practicable.
2.22 Jefferson County Guardian ad Litem
Notification
Notice and effectuation of the appointment of the Jefferson County
G.A.L. shall be by service of the pleadings and documents.
2.3 Termination of Appointments/Re-Appointments and
Continuing Appointments:
2.31 Termination of Appointments
Unless otherwise extended, the appointment shall terminate upon entry
of the order concluding the court proceeding initiated by the pleading
which resulted in the G.A.L. appointment. If there is an appeal in which
the Guardian ad Litern participates, the appointment shall terminate
upon termination of the appeal. A continuing appointment by virtue of
out of home placement shall terminate upon the legally effective date of
a change in placement to the home of a parent.
2.32 Re-Appointments
After termination of the appointment, re-appointment for
post-dispositional proceedings shall be as set forth for the initial
appointment. Defense Counsel shall be appointed pursuant to statute and
shall be automatically appointed for all delinquency sanction hearings,
subject to objection or flintier herring.
2.33 Continuing Appointments
If an order provides for out of home placement, the appointment shall
continue, for any purposes generally authorized by statute or
specifically stated by the court, while the order for out of home
placement remains in effect. The court may otherwise continue an
appointment for purposes specified by the court.
2.4 Documents to be Served
The following shall be served upon the G.A.L.: copies of all
pleadings resulting in the appointment of a G.A.L., all documents filed
with such pleadings, and for pleadings filed by or at the request of the
Human Services Department, the records upon which the Department
specifically relies in making the request or filing the pleading.
2.5 Special Costs Incurred by Court Appointed
Attorneys
Except for examination pursuant to §48.295, if a court appointed
attorney wishes to utilize an expert witness or otherwise incur an
unusual expense, including but not limited to depositions, unless the
expense is otherwise provided or previously authorized, the following
rules and procedures shall be followed:
2.51 Request for Fees
The attorney seeking to incur such expenses shall submit a request
either orally in court or by motion and affidavit, stating the purpose
and amount of the expense, and the hourly rate of the expert, if
any.
2.52 Court's Ruling
The court may rule on the request at the hearing at which it is made,
or, if the request is by motion and affidavit, without hearing unless
the court determines that a hearing on the issue is appropriate.
However, the sole purpose of such hearing is the court's supervision and
administration of the costs of the court appointed legal representation.
All parties and counsel of record are entitled to notice and attendance
at such hearing. Attendance of parties and counsel may be waived.
2.53 Expert Fees
Fees for psychiatrists, psychologists, social workers and court
reporters, including travel expenses, shall be reimbursable within the
limits set by the Jefferson County Circuit Court from time to dine, or
as otherwise determined by the judge in the individual case.
Scheduling of
Hearings
3.1 Plea Hearings and Pre-Trial Conferences
When a petition is contested, a pre-trial conference date will be
scheduled. Pre-trial conferences will be conducted at the District
Attorney's Office.
3.2 Deferred Prosecution/Consent Decree Hearings
In the event that all parties agree to resolve a case by Deferred
Prosecution or Consent Decree, a date will then be scheduled for hearing
on the Deferred Prosecution/Consent Decree. This date will normally be
the same date as the fact finding hearing date, if one has been
scheduled. The District Attorney's Office will inform the court that a
Deferred Prosecution/Consent Decree hearing should be scheduled. All
parties are required to appear at the Deferred Prosecution/Consent
Decree hearing unless a fully executed Deferred Prosecution/Consent
Decree is filed with the Clerk of Court prior to the date of the
Deferred Prosecution/Consent Decree hearing, and the victim, if any, has
not asked to make an oral statement to the court after being duly
notified of the right to do so. In such case the Deferred
Prosecution/Consent Decree hearing will be canceled and no further
appearances will be required. If the court determines that a Deferred
Prosecution/Consent Decree is not appropriate, then the court will
reschedule a fact finding hearing or other appropriate hearing. Nothing
in this section shall be construed to prohibit any party from moving the
court to revoke, modify or extend the Deferred Prosecution/Consent
Decree as provided by Chapters 48 and 938, Wis. Stats.
3.3 Pre-Hearing Practice
All attorneys of record shall communicate with each other and the
Judicial Assistant as soon as practical regarding the amount of time
needed for a hearing.
3.4 Waiver Hearing Time Limits
Time requirements applicable to plea hearings on delinquency
petitions shall apply to initial appearance hearings on waiver
petitions.
Disposition
4.1 Court Report
The department shall prepare a written report for use at all hearings
on disposition and shall file this report with the Clerk of Court and
shall also deliver copies of said report to the District Attorney's
office, the child, the child's parents, the G.A.L., and counsel of
record. All copies are to be filed/delivered no later than 2 working
days prior to the hearing.
4.11 Waiver of Court Report
All parties may waive their right to a formal written court report if
the disposition recommendation does not include an out of home
placement, including children presently placed out of their home by a
previous dispositional order. The case will then proceed to short
form/oral disposition.
4.12 Contents
In addition to the requirements of and §48.33 and §938.33,
written and oral court reports shall include copies of previous
Jefferson County dispositional orders.
4.2 Payment Responsibility
The social worker will recommend who is to be responsible for payment
of a resource or service that the social worker recommends in any court
report. It will be the responsibility of other parties, e.g., child or
parent's attorney, to clarify payment issues for resources that they
recommend independent of the social worker. It may not be assumed that
the funding is available through the Dept. of Human Services, the court
or the county, for payment of services ordered by the Juvenile
Court.
Termination of Parental
Rights
5.1 Filing Fee
Pursuant to §48.41 private petitioners will pay a $200
non-refundable guardian ad litem fee at the time of filing. If the fees
of a private G.A.L. exceed the amount of the deposit, the court will
make a order for reimbursement at the final hearing.
5.2 Written Notice to Parents
Upon making an order for termination of parental rights, the court
shall provide the parent or parents whose rights are terminated, if
present in the courtroom, with a copy of §48.432 and §48.433
relative to those provisions. The attorney for the petitioner shall
provide any such parent not present in court at the time the order is
made with such copies at his or her last known address by regular first
class mail, together with a copy of the order.
Effective November 1, 1996.
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