Polk County
Circuit Court Rules
(Tenth Judicial District)
PART 1: TENTH JUDICIAL DISTRICT RULES
101 DISTRICT RULE ADOPTION AND PROMULGATION
101.01 Pursuant to § 753.35(2), the Tenth Judicial
District Court Rules are incorporated herein by reference.
PART 2: POLK COUNTY COURT PRACTICE
201 CLOSED COURTROOM
201.01 REQUEST TO CLOSE TO MEDIA
Unless good cause has been shown to the judge, a party moving
that any judicial proceeding required by law to be open to the public
should be closed to the news media, the individual must notify the
court and the media coordinator in writing at least 72 hours prior to
the time set to hear the motion.
The burden shall be on the moving party to show cause why the
proceeding should not be public as required by statute.
202 CONFIDENTIAL RECORDS
202.01 GENERALLY
In general, when an individual requests access to a court record
that includes confidential information, the clerk of court’s
office or the registrar in probate/juvenile court clerk will ask for
identification to verify that the individual is a party to the
action. If so, and if a party is allowed access to the confidential
records in his or her file, access to the entire file will be granted.
If the party is not allowed access to some or all of the
confidential records in the file, the confidential records the party is
not allowed to see will be removed from the file before the party is
allowed access.
When an attorney seeks access to a file containing confidential
records, the confidential records will be removed from the file
unless the attorney is an attorney of record in that particular
case.
Anyone other than an attorney of record or party to the action
will be allowed access only to the non-confidential portions of a
case file.
202.02 CUSTODY INVESTIGATIONS
Attorneys of record and the GAL if applicable, may be provided a
copy of a custody study, but may not copy it nor disclose the source
of confidential information without written court order
Parties to the action may view a custody study without a written
order. However, a party may not copy or disclose such information,
except to their counsel.
202.03 EXPUNGED CRIMINAL RECORDS
Any case in which a criminal record has been expunged shall be
closed to access to anyone without a court order authorizing access
to the file. The clerk of courts shall take appropriate steps to
ensure confidentiality of all expunged criminal records.
202.04 FINANCIAL RECORDS IN DIVORCE ACTIONS
Only parties to the action and attorneys of record will be allowed
to view and copy financial declarations and other confidential
financial information in divorce actions.
202.05 MEDICAL AND HOSPITAL RECORDS
Medical and hospital records remain confidential when filed with
the court until such time as they are introduced into evidence at a
trial. Until then, only parties to the action and attorneys of record
may view medical and hospital records.
202.06 PATERNITY RECORDS
Pursuant to Wis. Stats. § 767.53, all paternity records,
before adjudication,
are to remain confidential except to the parties to the proceeding
or their authorized representatives, attorneys of record, and adult
children who were the subject of the proceeding.
202.07 PRESENTENCE INVESTIGATIONS (PSI)
Pursuant to Wis. Stats. § 972.15(4m), presentence
investigations are confidential. The district attorney and the
defendant’s attorney are entitled to have and keep a copy of the
presentence investigation report. If the defendant is not represented
by counsel, the defendant is entitled to view the presentence
investigation report but may not keep a copy. A district attorney or
defendant’s attorney who receives a copy of the report shall keep
it confidential. A defendant who views the contents of a presentence
investigation report shall keep the information in the report
confidential. If sentencing results in a prison term, a copy of the
PSI and judgment of conviction shall be provided to the sheriff for
delivery, along with the prisoner, to the department. of corrections or
other point of intake designated by the department of corrections.
202.08 PSYCHOLOGICAL RECORDS
In Chapter 51 proceedings, all psychological records are
confidential except to the individual’s attorney, the guardian ad
litem and the attorney who is prosecuting the action for Polk
County.
In divorce proceedings, all psychological records are confidential
except to the attorneys of record and the parties to the action.
202.09 OTHER SITUATIONS
In situations not covered by written polity or clear statutory
policy, the clerk of court and registrar in probate/juvenile court
clerk shall exercise discretion in deciding who has access to
confidential records.
The circuit court remains the authority to authorize disclosure of
other wise confidential information as well as the authority, where
permitted by law, to classify files or parts of files as
confidential.
203 CONTINUANCES
203.01 REQUESTS FOR CONTINUANCES
In order for the court to grant a continuance, the law requires
that a formal
motion be made to the court with notice to the opposing party.
However, it has been the practice of Polk County Circuit Courts that
where there is no objection to the continuance and the court approves
the request, no formal hearing is required. An ex parte request for a
continuance must meet certain standards:
A request for a continuance must be made in writing, where time
permits, and must state the specific reason(s) why a continuance is
being sought. A mere statement that a witness is unavailable is not
sufficient for the court to conclude there is good cause for a
continuance.
A request for continuance must state the position of the opposing
counsel or opposing party. The court must be made aware of any
objection to granting the continuance, and any time conditions the
opposing party or counsel may have.
When time does not permit contact with the opposing party, the
request for continuance must state the good cause basis for not having
contacted the opposing party or counsel. The court will exercise its
discretion in ruling on such a request for continuance.
The requesting party must not state or imply to the opposing party
that the court will automatically grant a continuance simply because
both parties agree to it. The court will assume the responsibility to
immediately notify both parties of its decision. The form of that
communication will be dictated by the amount of time between the
decision and the time set for the hearing or trial. In most
instances, the court’s decision will be communicated by telephone
to the parties with an immediate follow-up written notice as to the new
date for the continuance.
204 JUDICIAL ASSIGNMENTS
204.01 INTAKE JUDGE
Each branch of circuit court shall serve two weeks out of every
four as the intake judge.
The intake judge shall retain jurisdiction over all matters
through final disposition of the matter except as provided by statute,
Supreme Court Rule, or local rule.
204.02 CIVIL MATTERS
All civil cases, filed in Polk County, shall be randomly assigned
by the clerk of circuit court so that each branch receives an equal
number of cases.
In small claims, if a judge disqualifies himself, the case may be
assigned to the other branch of circuit court. In other matters, if a
judge disqualifies himself or is disqualified, the clerk of court shall
prepare and file the appropriate document for change of judge.
204.03 CRIMINAL MATTERS
Upon the filing of a summons and complaint, the clerk of court
shall assign a judge and an initial appearance date. Upon filing of a
warrant and complaint, the clerk of court shall assign the judge on
intake to the case. Excepted from this procedure are initial
appearances for persons in custody who shall have their case assigned to
the intake judge.
204.04 JUVENILE MATTERS
Upon the filing of a new petition, the juvenile clerk shall
research the CCAP system to ascertain if there are any prior cases for
the juvenile and/or if there are cases for their siblings and/or family
members. If there are, the new case will be assigned to the judge that
has been handling the majority of the previous cases for the juvenile
siblings and for family. If there are not any previous cases, then the
new case will be randomly assigned so that each branch receives an
equal number of cases. The exceptions are TPC and JI filings. JI
filings are heard by the intake judge at the time of filing. TPC
hearings are heard by the intake judge, but after the TPC hearing, the
case reverts back to the judge handling the juvenile’s case
files.
204.05 OTHER MATTERS
The judges may, from time to time, reassign a case in order to
expedite its disposition, accomplish the more efficient administration
of justice, or to keep families of cases together. The rotation of
intake judge assignment may occasionally be altered because of judicial
illness, vacations, educational seminars and conferences, or other
judicial absences.
205 SELECTION OF JURORS
205.01 POTENTIAL JURORS
The clerk of circuit court shall use the Department of
Transportation list when selecting names of potential jurors.
205.02 LENGTH OF JURY DUTY
Jurors shall serve for a period not exceeding 31 days, unless a
trial in progress takes them past the 31-day period, in which case they
shall finish that trial.
Jurors who serve 5 days shall be excused from further service
unless a trial in progress takes them past the 5-day period, in which
case they shall finish that trial.
205.03 ADDITIONAL JURORS
The clerk of court shall have the power to select additional jurors
if the list provided by the Department of Transportation provides
insufficient numbers.
205.04 EXCUSING JURORS
The clerk of circuit court shall have the discretion to excuse
jurors who meet the statutory requirements. One or more of the circuit
judges may be consulted, if necessary, regarding whether or not a juror
should be excused. Juror requests to be excused shall be in writing
except in the case of family, medical, or other emergency.
205.05 SIX-PERSON JURY TRIALS
In cases where a timely demand for a six-person jury has been made
in a case subject to the provisions of §345.43 Wis. Stats., the
following method shall be utilized to select the jury.
1. The clerk of court will prepare a random list of at least 25
jurors from the prospective juror list. This will be provided to the
judges no later than 35 days prior to the beginning of the calendar
month for which the jurors will serve.
2. A copy of the random list will be mailed by the judge to each
of the parties (or their attorney if represented) no less than 20 days
prior to the scheduled trial date.
3 No less than 5 days and no more than 15 days prior to the
scheduled trial date each party shall file with the clerk of court a
list of the 5 names which that party wishes to strike from the names
remaining on the random list (after excused absences).
4. In the event either or both parties fail to timely file their
list of strikes with the clerk of court, the clerk of court shall
strike the highest juror ID numbers of the remaining names on the list
until 15 names remain on the list.
5. In the event that there is any duplicity between the strikes
declared by each party, the clerk of court shall strike additional
names based on the highest remaining juror ID numbers of the remaining
names on the list until 15 names remain on the list.
6. Once the remaining names on the random juror list have been
determined, those jurors will be notified of their need to report for
jury duty.
7. In the event that there are more than 6 jurors of the
remaining jurors who report for jury service and who are not excused
for cause, the first 6 jurors on the random list of reporting jurors
will be utilized for purposes of trial.
206 VOIR DIRE
During examination of jurors on voir dire, the attorney or party
conducting the examination shall, insofar as practical, use collective
questions, avoid repetition and seek only material information.
208 RELEASE OF JUDGMENT INFORMATION
208.01 RELEASE POLICY
Judgment records will be open to public inspection during normal
court business hours.
209 ATTORNEY WITHDRAWAL OR SUBSTITUTION
209.01 GENERALLY
A formal motion must be filed prior to any further proceedings in
the particular case.
209.02 WITHDRAWAL OR SUBSTITUTION HEARING
The court may schedule a hearing if it deems necessary. If a
hearing is scheduled, both the attorney and the client on whose behalf
the withdrawal or substitution is being made must be present.
If not present, the court will assume that opposing counsel does
not object, although the court will not automatically grant the motion
unless good cause is shown.
PART 3: POLK COUNTY CIVIL PRACTICE
301 RIGHT TO JURY TRIAL ON ACTIONS NOT UNDER STATUTE.
For all non-UTC (Uniform Traffic Citation) violations, Wis. Stat.
§ 345.43(1) is incorporated herein for defendant(s)/respondent(s)
that wish to enter a plea of not guilty. The written jury demand and
fee must be paid within 10 days of said plea.
Prior to a trial (bench or jury) being scheduled, the defendant must
meet either in person or by telephone (if residing out of state) with
the prosecutor to attempt settlement. If the case cannot be resolved, a
trial will be scheduled and notices provided by the judicial
assistants.
302 SERVICE AND ANSWER
All cases will be reviewed for service and answer within 90 days
after filing. If at that time the case has not reached issue, a
dismissal order shall be entered, or default proceeding shall be
initiated by the plaintiff.
303 MOTIONS
Unless otherwise specifically ordered, any motions for summary
judgment or for dismissal shall be filed with the clerk of court’s
office, together with any brief or other supporting documents. The
moving party shall also file proposed findings of fact, conclusions of
law and judgment with the summary judgment motion.
If movant does not desire to file a brief or other documents, a
statement waiving his/her rights to file such a brief or other
documents shall be filed.
The respondent must file a response brief and supporting documents
within 30 days, or waive in writing the right to do so. If no brief or
waiver is filed within the statutory time limit, it shall be presumed
that respondent has waived this right. The moving party then has 15
days to file a reply.
PART 4 POLK COUNTY CRIMINAL PRACTICE
401 DEFENDANT’S PRESENCE REQUIRED
Defendants must be present at all initial appearances, status
conferences, motion hearings, arraignments and trials. The judge, for
good cause, may approve authorizations to appear upon advance request
in misdemeanor cases.
402 WARRANTS
402.01 WARRANTLESS ARRESTS
Whenever a warrantless arrest occurs, the person arrested is
entitled to a probable cause determination within 48 hours of the
arrest as required by County of Riverside vs. McLaughlin, 500 U. X.
44(1991). Accordingly:
1. Whenever a warrantless arrest occurs, the arresting officer
shall complete the form entitled “Probable Cause Affidavit and
Judicial Determination.”
2. The completed form shall be kept at the Polk County Jail, and
be made available for immediate use by a judge or court commissioner in
evaluating probable cause for that particular arrest.
3. Upon notice by the Polk County Jail, a judge or court
commissioner shall review the form either personally or telephonically,
and find that probable cause either is or is not stated upon the
form
a. If no probable cause is found, the arrested person(s) shall be
released immediately upon signing a bond that indicates the date and
time for a court appearance.
b. If probable cause is found, the arrested person(s) may be held
for further proceedings and may post bond.
4. If no probable cause affidavit is filed with the Polk County
Jail within 48 hours of the arrest, the defendant shall be released
upon signing of an appropriate bond.
402.02 ACTIVATED WARRANTS DISMISSED
Where defendant has made appearance on an activated warrant, that
warrant shall be quashed unless specific mention of instructions are
given on the record. All returns on warrants shall be heard by the
intake judge regardless of who signed the warrant.
In criminal matters where there is a court disposition on the
record, and any active warrant exists pursuant to that matter, that
warrant shall be considered quashed, unless specifically stated
otherwise on the record.
403 BONDS
403.01 NO CONTACT PROVISIONS
Whenever a bail/bond form is prepared and executed by law
enforcement officers in Polk County pursuant to the Wisconsin Judicial
Conference and under circumstances where the alleged violation involves
domestic abuse or violence, the bond shall include a statutory
“72-hour no-contact provision,” prohibiting the defendant
from contacting the alleged victim or victims.
This “72-hour no-contact provision” may be waived
by the victim. However, the provision may also be continued beyond the
72-hour time period. When a “no-contact provision is a condition
of bond, it cannot be waived until the alleged victim attends and
successfully completes the cycle of Domestic Violence Awareness Program
through CRA (Community Referral Agency, Inc.) and appears in front of
the intake judge with documentation from the district attorney’s
office as to whether the district attorney supports or opposes the
lifting of the no-contact provision.
Persons who have been taken into custody and who are eligible
for release from the Polk County Jail by posting a cash bond prior to
an in-court appearance (pursuant to the terms of the “Uniform
Misdemeanor Bail Schedule”) must also sign a form entitled
“Bond and Conditions of Bond,” thereby making them subject
to non-monetary conditions of bond before an in-court appearance. When
completing said form, pursuant to the “standing court order with
regard to completion and execution of bond forms for persons taken into
custody and released prior to an in-court appearance” dated April
28, 2006 and signed by both Polk County Circuit Court Judges, the
person completing the form will be acting at the direction of the
court, and the conditions of the bond will be considered to be
“court-ordered conditions of bond.”
Any person who has had bond conditions set without an in-court
appearance may appear before the intake judge to request a
review/modification of any condition(s) of bond.
404 INITIAL APPEARANCES
404.01 MISDEMEANORS
Once the initial appearance is conducted, each case shall be
scheduled for a DA settlement conference in the district
attorney’s office to be held on Friday afternoons. Parties will
obtain an in-person final pretrial hearing date at the time of their
initial appearance. These will be held Friday mornings.
404.02 FELONIES
Felonies will be scheduled for a DA settlement conference in the
same manner as misdemeanors, but not before the preliminary hearing.
Final in-person pretrial conferences will be scheduled at the
arraignment and generally will be scheduled Friday mornings.
405 MOTION PRACTICE
All motions shall be in writing stating with particularity the
relief or remedy sought and the grounds in support thereof. Reasonable
exceptions may be granted by the court at the courts’ discretion.
Motion hearings shall not be scheduled prior to filing, but in all
cases should be filed prior to the final in-person status
conference.
Attorneys/parties shall file motions in limine, suggested voir dire,
requested jury instructions and verdict form by a date set by the trial
court which shall be shortly after the deadline for negotiations and/or
final pretrial.
406 DISCOVERY
All parties shall exchange discovery, if demanded, as soon as
practical after the plea in all criminal cases. The initial appearance
is the first court appearance where a criminal complaint is filed with
the court. In misdemeanor cases, the arraignment is conducted at the
initial appearance unless continued. In felonies the arraignment is
not conducted until after an information is filed following preliminary
hearing or waiver thereof.
If a party is not satisfied with discovery, such party may file a
motion to compel discovery or motion seeking sanctions with the
presiding court.
It is expected that all parties comply with the discovery provisions
contained in Wis. Stats. § 971.23.
407 COMMITMENT ORDERS
When a commitment order is executed in a county having a county seat
more than 50 miles from Polk County and the amount owed is less than
$200, the Polk County Sheriff’s Department may inform the
arresting agency or other sheriff’s department that Polk County
will not pick up the person arrested. If the defendant is not picked
up, the sheriff’s department shall request the assisting
jurisdiction to do the following:
1. Secure a current address and telephone number from the detainee
and provide it to Polk County.
2. Allow the detainee to sign a signature bond with a requirement
that the individual appear in the appropriate branch of circuit court,
or the next available intake calendar for that branch, at 1:00 p.m.
The Polk County Sheriff’s Department shall provide the necessary
date, place and time, etc., to the assisting jurisdiction.
3. Provide a fax copy or the original bond form to the
sheriff’s department for immediate filing with the Polk County
Clerk of Court.
408 PRE-SENTENCE INVESTIGATION (P.S.I)
Following the order by the Court for a P.S.I, the Clerk will notify
the probation & parole department of date of pre-sentence order,
defendant’s name and defendant’s attorney, and date of
scheduled sentencing.
409 PROBATION
Upon sentencing and order for probation, the defendant shall
complete the statistical form. The defendant shall then be directed to
immediately report to the probation and parole office for
processing.
The clerk will notify the probation department of date and term of
probation order, court imposed terms and conditions of probation,
defendant’s name and defendant’s attorney’s name.
PART 5 FAMILY LAW
501 MEDIATION
501.01 MEDIATION EXPENSES- FAMILY
The Polk County Circuit Court is responsible for the actual costs
of the initial mediation session, but not for subsequent mediation
sessions. The parties shall equally split the cost of subsequent
mediation.
If a party fails to appear for the initial mediation session, that
party may be required to pay the entire cost of the rescheduled
session.
501.02 MEDIATION – PROCEDURE
Copies of the mediation order will be sent to the attorneys and the
mediation center. the parties will receive copies of the mediation
order if they are pro se. The order will designate the mediator, the
time period within which the parties are to make an appointment or the
mediation session, and a time period within which the mandatory, no
charge session is to be held. It must also include the name, address,
and telephone number of the mediator/mediator provider.
After the first session is completed, the mediator shall report to
the court and to the attorneys the results of that session.
501.03 CHANGE OF MEDIATOR REQUESTED
If someone alleges there is good cause why a different mediator is
needed in a particular matter, the good cause determination must be
made by the judge assigned to that case. Such a determination will
rarely require a formal hearing. The attorneys involved are advised
to contact the judge for further direction.
502 PROCEEDINGS
The family court commissioner, in addition to hearing temporary
hearings, may also hear other cases permitted by statute. A court
reporter will be used when required by statute.
503 PARENT EDUCATION CLASSES REQUIRED
Within 60 days after filing an action for dissolution of marriage
with minor children, petitioner and respondent are required by the Polk
County Circuit Court to attend a parenting education program approved
by the court. The proceeding shall not be scheduled for final hearing
until the parties have attended and participated in the parent
education classes.
504 CUSTODY STUDY AND PSYCHOLOGICAL EVALUATION EXPENSES
Whenever a custody study and/or psychological evaluation(s) are
ordered in family law proceedings, each parent shall pay one-half of
their cost in advance to the clerk of circuit court at least 30 days
prior to the study and/or evaluation(s). Said amounts will be
determined by the court.
In appropriate cases, the court may reduce, waive, order installment
payment, and/or order one parent to pay the entire amount of the
expenses.
505 PLACEMENT DISPUTES
The parents of the children involved in any placement dispute are
required to participate in mediation before a guardian ad litem is
appointed, unless this requirement is waived by the court.
506 STIPULATED DIVORCES
506.01 STIPULATED DIVORCE FILING
Any party serving an opposing party with a summons and petition
must file their proof of service forthwith. Upon receipt of the proof
of service, the judicial assistant will set the matter for a stipulated
divorce approximately 120 days out, as the calendar allows.
506.02 PRETRIAL/SCHEDULING CONFERENCE
If all issues are not resolved and/or required paperwork is not
correctly filed, the scheduled time will be used for an in-person
pretrial/scheduling conference.
If the parties do not believe they will have a stipulation on all
issues when the date is set on the court’s calendar, they must
still appear at the pretrial to indicate to the court which matters are
settled and which matters are still in dispute. The court will then
set a trial date and/or a scheduling order regarding discovery.
507 STIPULATED DIVORCE APPEARANCES
Unless nonresidence in the state is shown by competent evidence,
service is by publication, or the court for other good cause orders
otherwise, both parties in actions affecting the family shall appear
upon the final hearing or trial. An order of the court to that effect
shall be procured by the moving party and shall be served upon the
nonmoving party before the hearing or trial. No order is required in
the case of a joint petition.
508 GUARDIAN AD LITEM
508.01 RATE OF PAY
Guardian ad Litems (G.A.L.) shall be paid at the rate of $70 per
hour unless the parties agree to pay the guardian at litem’s
normal hourly rate. The court specifically finds that the statutory
rate of reimbursement (e.g. State Public Defender) would unduly burden
or substantially interfere with the judiciary’s ability to appoint
counsel. This finding is based upon a comprehensive survey of area
attorneys.
508.03 WAIVER OF FEES AND RETAINERS
In appropriate circumstances, the court may waive the
deposit/retainer in whole or part. The court may also relieve a party
from the obligation to contribute to the payment of guardian ad litem
fees. Individuals who believe they are indigent and/or that payment
would cause extreme hardship, may file a request for waiver,
accompanied by a sworn financial declaration or an affidavit of
indigency.
1. If the court finds one party indigent, the other party may be
ordered to pay the full deposit/retainer
2. If the court finds both parties indigent, the county may be
required to pay the G.A.L. fees at the conclusion of the case. The
parties may be required to reimburse the county by way of periodic
payments/payment plan.
3. The court may require a party to reimburse the county for all
or part of the G.A.L. fees. When the court has determined each
party’s ability to pay, the clerk of court will send a notice to
the parties for collection purposes.
508.04 APPROVAL OF FEES
Guardians ad litem shall submit interim statements of fees to the
court on at least a quarterly basis. G.A.L. fees shall be approved by
the court prior to payment.
Parties responsible for payment, in addition to the
deposit/retainer, will be notified of court approval of G.A.L. fees and
costs.
After approval of the final G.A.L. fees, the court will order
final payment to the G.A.L. Any excess amounts paid by either party
shall be refunded to the parties.
An order approving the G.A.L. fees shall be included in the
divorce judgment, unless inappropriate, whereby a separate order
approving the fees will be issued.
The clerk of circuit court shall hold all payments in trust until
receiving a court order for payment.
508.05 PAYMENT OF FEES
An order approving fees shall require each party to pay an equal
amount unless a different ratio is set by the court.
508.06 NON-PAYMENT OF FEES
If parties have not paid the full amount of fees ordered within the
judicially determined time frame, a money judgment in favor of Polk
County will be entered against the non-paying party or parties.
Collection proceedings may be used by the county to collect on the
judgment.
508.07 CONTACT WITH CHILDREN
When a G.A.L. represents the children in a divorce or paternity
proceeding, no attorney for either parent may meet with the children
without the G.A.L.’s consent or a court order. See In Matter
of disciplinary Proceedings Against Kinast, 192 Wis. 2d 36, 530 N.W.2d
387(1995).
508.08 DURATION OF APPOINTMENT
The appointment of a G.A.L. ends with the entry of the
court’s final order unless the court orders otherwise.
508.09 ASSISTANCE IN APPOINTMENT OF ADVERSARY COUNSEL
If in the course of investigation by a G.A.L., appointment of
adversary counsel is necessary due to circumstances or by statutory
mandate, the G.A.L. shall seek appointment of counsel by the state
public defender when appropriate, or the court.
If the G.A.L. is unable to accomplish this duty, they shall notify
the juvenile court clerk, who shall insure appointment of counsel in a
timely manner, if directed by the court.
PART 6 FORECLOSURES
601 PERSONAL SERVICE
601.01 PERSONAL SERVICE OBTAINED
No notice to defendant is required prior to entry of a default
judgment in large claim civil actions where personal service was
obtained upon the defendant and they have failed to answer.
601.02 PERSONAL SERVICE NOT OBTAINED
In cases where no personal service is obtained upon the defendant,
notice of motion for default judgment shall be given to defendant by
regular mail at defendant’s last-known address.
The notice shall state that in the event the defendant does not
provide a written request for a hearing or plaintiff’s motion to
the court within 15 days of that date of the notice, default judgment
shall be entered.
602 HEARING REQUESTS
Hearing requests shall be heard by the court as soon as practical.
Upon the expiration of the time to request a hearing, plaintiff may
apply to the court for default judgment. An affidavit of the
aforementioned notice to defendant must be included.
603 ROLE OF HEARING
No default judgment of mortgage foreclosure shall be granted except
upon a hearing in open court by affidavit or testimony, due notice of
which shall have been given to all defendants who have answered at
least 10 days prior to the hearing.
604 FURTHER NOTICE
Any judge may, in any individual case, require further notice or
proof regarding service, damages or costs, if appropriate.
605 FORECLOSURE PROCEDURE
When it reasonably appears to plaintiff’s attorney that no
parties intend to attend the default judgment hearing, the plaintiff
may submit proof by affidavit. However, plaintiff’s attorney may
(with prior approval) initiate a call to the court at the time set for
the default hearing and attend the default hearing via telephone.
If other attorneys have answered or formally appeared and
plaintiff’s attorney determines they intend to participate in the
hearing via phone, it is the plaintiff’s attorney’s
obligation to initiate that conference call.
If court is in session and cannot take the call, plaintiff’s
attorney must advise the judge’s assistant to advise the judge of
the call. The judge will return the call as soon as recess can be
taken, and plaintiff’s attorney must be standing by to receive
the court’s call.
606 CONFIRMATION HEARINGS
Plaintiff’s attorney can submit proof via affidavit and attend
the confirmation hearing via telephone (with prior approval) if it is
reasonably believed that no one will appear to contest.
If someone does appear to contest, the hearing will be continued to
a date
when plaintiff’s attorney can appear with witnesses and
evidence.
607 SUBMISSION OF PROOF
Parties proceed at their own risk when they submit proof at default
judgment hearings and confirmation hearings by affidavit. Any
insufficiency in said proofs will necessarily cause a delay to
reschedule the matter and at the discretion of the court, require the
actual appearance of the plaintiff’s attorney.
608 DAMAGE HEARINGS
In actions where damages are not liquidated, a hearing shall be
conducted to determine the amount of the judgment.
The court may order a hearing to determine damages in any case.
PART 7 JUVENILE
County local rules on juvenile court intake are consistent with
the
American Safe Families Act. See Juvenile Court Rules –
Appendix A.
701 ACCESS
701.01 REQUESTS FOR ACCESS – GENERAL POLICY
The court will consider all legitimate requests for access to its
records or records of the county department, law enforcement, and
social welfare agencies under Wis. Stats. Chapters 938 and 48. In
determining whether to grant such a request, the court will attempt to
balance the interests of all affected parties. The presumption of law,
however, is not to disclose, and the burden for overcoming this
presumption rests with the person seeking access to the records.
701.02 FORM OF REQUESTS FOR ACCESS
Any person, besides the victim of a child’s act who has filed
or intends to file a civil action, seeking access to records which are
not privileged and are within the court’s authority to disclose,
and who is not otherwise authorized to receive records or information
under these policies or who is denied access, shall submit a request to
the juvenile clerk which includes the following information:
1. The name, address and telephone number of the requesting
party
a. If the requesting party is seeking access on behalf of
another party, the name, address and telephone number of that party
shall be included.
2. The information or record being sought and the basis for the
requesting party’s belief that such information or record
does exist.
3. The degree of urgency attending the request.
4. The purpose for which the information or record is needed, and
the
relevance of the information or record to the requesting or
receiving party’s stated purposes.
5. The potential outcomes of the action or actions the requesting
or
receiving party intends to take which involves the use of the
information or record.
6. The requesting party’s efforts to lawfully obtain the
information or
record from other sources.
7. The hardship to the requesting or receiving party’s
cause if the
information or record is not disclosed.
*Further assistance may be available through the Crime Victim
Assistance Program housed in the Polk County District Attorney’s
Office.
701.03 DEFICIENT REQUESTS FOR ACCESS
Any request for access, which does not contain the information
required by rule 701.02, will be returned to the requesting party for
completion and may be resubmitted. Additionally, the court has the
discretion to request additional information of the requesting or
receiving party at any time.
701.04 REQUESTS FOR ACCESS BY VICTIMS OF JUVENILE’S ACT
OR ACTS.
1. Victims of juvenile delinquency seeking information and
records for the purpose of pursuing a civil action against the
juvenile and/or his/her parents are to use the procedure detailed in
Wisconsin Statutes Ch. 938 & § 895.035. The request for
access is to be made to the judge of the juvenile court. The court will
advise the required parties of such requests.
2. Victims of juvenile delinquency seeking information and
records for a purpose other than pursuing a civil action, shall
make their request to the juvenile court clerk, pursuant to 701.02.
701.05 PROCEDURE UPON RECEIVING REQUEST
1. Requests which indicate a legitimate need for immediate
attention
will receive first priority. All requests will be considered in a
timely manner as the court calendar and resources allow.
2. The Court will contact the subject of the record and the
authority
holding the record to determine whether there exists any objection
to disclosing the requested information or record. If objection exists,
the court may hold a hearing to resolve the objection.
3. The court will make a decision on the request within a
reasonable
period of time. In making this decision, the court will balance
the interests of the party seeking access with the interests of the
juvenile subject in maintaining the record’s confidentiality, and
may hold a hearing on the issue.
4. Criteria which may be used in deciding whether to disclose the
record include, but are not limited to, the following:
a. The nature of the requesting or receiving party’s
purpose is to protect the safety of others or to further promote
the rehabilitation or safety of the child.
b. The degree to which disclosure would promote the
administration of justice.
c. The effect that non-disclosure would have on the
requesting or receiving party’s cause if access through the
court is the exclusive remedy available.
d. The status of the legal proceedings or disposition
relating to the offense.
e. Degree to which disclosure would be harmful to the
juvenile.
701.06 REQUEST TO ATTEND COURT PROCEEDINGS
Any person, including representatives of the school attended by the
child, other than the parties, their counsel, witnesses, victims and
persons requested by a party who have been approved by the court, may
request the court to allow them to attend any proceeding. Such a
request shall be made to the court prior to the commencement of the
proceeding and shall state the person’s interest and purpose in
attending. Any person approved by the court shall not divulge any
information which would identify the child or family involved in the
proceeding.
701.07 CONTINUING CONFIDENTIALITY
Any person receiving a record or information as a result of
attending a proceeding under these rules shall not further disclose the
record or any information without the approval of the court. Violation
of this provision may subject the person to the court’s contempt
authority under § 785 Wis. Stats.
PART 8 PROBATE
(See Appendix B)
PART 9 SMALL CLAIMS
901 PARTY IDENTIFICATION
901.01 IDENTITY OF PARTIES
All parties must be identified as either a person, a corporation,
or a partnership. If a corporation or person is doing business under
something other than their legal name, that name shall be included in
the pleadings. The true legal identity must be established sometime
before judgment is taken.
901.02 PARTIES NOT PROPERLY IDENTIFIED
If the parties are not properly identified, the pleadings must be
amended at the first appearance date or the error must be made known to
the court or the small claims court commissioner at the time of
trial
902 ADDRESSES
902.01 CHANGE OF ADDRESS
If either party has a change of address during the pendency of
their case, they must notify the clerk of court and the other party of
parties immediately.
902.02 USE OF WORK ADDRESS
Plaintiff may not use defendant’s work address on the summons
and complaint. The court will not mail paperwork to work
addresses.
903 PLAINTIFF’S APPEARANCE BY AGENT
Full-time employees of the plaintiff may appear on plaintiff’s
behalf. Property managers cannot appear on behalf of the plaintiff
property owner(s) unless they work exclusively and full-time for the
property owner(s). If either party is a corporate entity, they must
appear by counsel, unless authorized by the court.
904 MEDIATION REQUIREMENT
Mediation is mandatory for all Polk County contested small claims
cases. In eviction matters, the “when to appeal” date and
time, shall be the time scheduled for the mediation session. In all
other small claims matters, the plaintiff does not appear on the
“when to appear” date on the summons and complaint. If
the defendant files an answer disputing the claim on or before the
“when to appear” date, the petitioner will receive a copy of
that answer. The clerk will schedule a mediation session and both
parties will be notified of the date and time.
Each party is to bring $25 in cash to pay directly to the mediator.
If a party believes they are exempt because of low income, they must
complete a “petition for waiver of filing and service fees
– affidavit of indigency and order at the clerk of courts office
and bring the completed form with them to mediation. The mediator
will make the determination if a party is exempt from paying the fee.
Telephone appearance is permissible only if a letter requesting such
is received by the clerk of court prior to the scheduled mediation
date. The $25 mediation fee made payable to “Mediator”
must be enclosed or your request will be denied. If both parties
request to appear by telephone, the plaintiff will be responsible for
setting up the conference call.
If the plaintiff does not appear for mediation, the case will be
dismissed. If the defendant does not appear, a default judgment may be
entered.
905 EVICTIONS
905.01 SERVICE
Personal service is required.
905.02 APPEARANCE
905.03 COMPLAINT
A copy of the lease and the notice to vacate must also be submitted
with the summons and complaint
905.04 HEARING
At an eviction hearing, a judgment of eviction may be granted
including costs. If the plaintiff has requested a money judgment in
the complaint, and that amount has increased, the plaintiff will be
given 60 days to file an amended complaint. Service for the amended
complaint may be by First class mail. If an amended complaint is not
filed within 30 days from eviction date, the plaintiff must file a new
action to obtain money judgment.
906 REPLEVINS
906.01 SERVICE
Replevin actions require personal service.
906.02 APPEARANCE
Appearances are mandatory for both the plaintiff and the
defendant.
906.03 NO CONTEST
If no one appears to contest the granting of the replevin judgment,
the plaintiff’s attorney may submit affidavits and/or affirm the
facts set forth in the pleadings in lieu of presenting witnesses for
testimony. However, if plaintiff’s attorney intends to proceed
on affidavits and/or affirmation of pleadings, he/she proceeds at their
own risk, and any insufficiency of the proof may result in a
continuance of the hearing or dismissal of the action.
907 CLAIMS UNDER THE DOLLAR LIMIT (MONEY JUDGMENT)
907.01 SERVICE
Service may be made by mail by leaving the original and necessary
copies of the summons with the clerk of court, together with the fee
prescribed by statute. Service of the summons is considered completed
when it is mailed, unless the envelope enclosing the summons has been
returned unopened to the clerk prior to the return date. All mailing
of summonses shall be done in envelopes upon which the clerk’s
return address appears, with a request to return to that address.
Service by mail to obtain a personal judgment shall be limited to Polk
County.
907.02 PLAINTIFF’S APPEARANCE
The plaintiff’s appearance at the initial return date is not
mandatory. If the defendant does not appear or answer, a judgment may
be entered in favor of the plaintiff.
If the case settles prior to the return date or the parties wish
to adjourn the matter, the parties must inform the clerk of
court’s office before 9:30 a.m., on the return date. The initial
request to dismiss or adjourn may be made by phone; however, the
parties must follow up with a written notice.
If the defendant is contesting the claim, the matter will be
scheduled for mediation at a later date. All contested cases are
required to go through mediation. If the case is not settled through
mediation, a court trial will be scheduled before the court
commissioner.
907.03 DEFENDANT’S APPEARANCE
The defendant’s appearance at the initial return date is not
mandatory. If the defendant is contesting the claim, he/she must file
a written answer on or before the date and time shown on the summons
and complaint. The original answer must be filed with the clerk of
court and a copy must be mailed to the plaintiff.
If the defendant does not contest the claim, the plaintiff is
entitled to a judgment. Arrangements to pay the claim must be made
directly with the plaintiff
908 WRITTEN ANSWERS
Written answers must clearly state that the claim is being contested
and provide the reasons why it is being contested.
A copy of the written answer must be sent to the plaintiff.
909 SETTLEMENTS
Parties are urged to discuss settlement prior to the trial date. If
a settlement agreement is reached, written notification signed by all
parties must be provided to the clerk of court. Costs may be assessed
to the parties for failure to provide such notice to the court.
910 REQUESTS FOR ADJOURNMENT
All requests for adjournment of court trials must be in writing and
be received by the clerk of court’s office at least 5 working
days prior to the trial date. If this is not done, the trial will be
held as scheduled.
All requests for adjournment must include the specific reasons why a
continuance is being requested and also state the position of the
opposing party regarding the requested continuance.
The court will not automatically grant a continuance simply because
both parties agree to it, nor will the court deny the continuance
simply because the opposing party objects to it. Rather, the court will
consider the reason for the request along with the positions of both
parties in making its decision.
911 TRIAL PROCEDURE
Contested eviction and replevin proceedings not resolved through
mediation are held before a circuit judge.
912 EVIDENCE AND WITNESSES
Both parties must bring any evidence and witnesses to the trial that
may help in proving their side of the case. If a witness will not
appear voluntarily, they may be subpoenaed.
For more information on preparing your case and trial procedure,
refer to the “Guide to Small Claims” available from the
clerk of court.
913 NOTICE
Notice of court trials will be provided by the judicial assistant of
the judge assigned this case.
If a judgment is entered, all parties will receive a “Notice
of Entry of Judgment.”
914 JUDGMENT
914.01 DOCKETING THE JUDGMENT
The judgment’s resulting creditor must pay a $5.00 fee to
the clerk of court to have the judgment docketed.
914.02 FINANCIAL DISCLOSURE STATEMENT
1. A “Financial Disclosure Statement” will be mailed
by the clerk of court to the debtor along with the “Notice of
Entry of Judgment.” The debtor must either pay the judgment in
full, or complete the “Financial disclosure Statement”
within 15 days of the judgment.
2. Failure to provide this information will result in the
creditor bringing a contempt action against the debtor under Wis.
Stats. Chapter 785.
914.03 GARNISHMENT
The creditor may commence a garnishment on the debtor’s
earnings and/or bank account.
914.04 DEFAULT JUDGMENTS
1. All small claims rules equally apply when a default judgment is
entered.
915 APPEAL
916 ATTORNEYS AND FEES
1. Parties are not required at any time to appear with an attorney,
but have the right to retain an attorney at their own expense to assist
them in the preparation and presentation of their case.
2. Statutory attorney fees are allowed on the return date whenever
an attorney signs the summons. However, if the attorney fails to
appear for trial, attorney fees will not be allowed.
PART 10 TRAFFIC AND FORFEITURES
1001 ARRESTS FOR VIOLATIONS OF FORFEITURES AND MISDEMEANOR
OFFENSES
1001.01 All persons arrested for a violation of a state or
municipal forfeiture shall be released from custody without a cash bond
if they:
1. Have a valid Wisconsin driver’s license or can show
sufficient evidence of ties to the community, or
2. The arresting officer is otherwise satisfied that the accused
will make future court appearances.
1001.02 All persons detained for forfeiture, misdemeanor or
misdemeanor traffic offenses shall be released upon compliance with the
uniform state deposit schedule, unless otherwise directed by the court.
1002 CONTESTED TRAFFIC CITATIONS
1002.01 Whenever a traffic citation is contested, the court or
staff in the prosecutor’s office shall set a time and date for a
non-court pretrial with the appropriate prosecutor and provide notices
to the parties. One of the following should occur following the
pretrial:
1. Citation stipulated to as written and administratively
processed.
2. Citation amended and administratively processed.
3. Citation dismissed.
4. Memo with citation from prosecutor stating specific reason(s)
for adjournment.
5. If contested, a court date for a bench trial will be set by
the judicial assistant.
Any citation not closed/disposed or scheduled for further
proceedings, within 90 days of the initial appearance shall be
dismissed, unless a continuance has been granted by the court upon good
cause shown.
1002.02 LASER SPEED MEASUREMENT
The Polk County Circuit Courts take judicial notice of the
underlying scientific reliability of the use of LASER or LIDAR for the
measurement of the speed of motor vehicles. The Polk County Courts
therefore recognize the LASER/LIDAR speed measurement devices use a
scientifically sound method for measuring the speed of motor vehicles
and shall accept such evidence without a party being required to prove
the underlying scientific reliability of such speed measurement
devices.
A party offering evidence of LASER/LIDAR speed measurement must
show the following:
1. That the device is a PRO LASER I, II or III, or is on the
International Association of Chiefs of Police (IACP) Consumer Products
List (CPL) of approved LASER/LIDAR speed measurement devices. This can
be done by a printout from the internet website of the IACP.
2. That the device was in proper working order as evidenced by
testing a reasonable time before and after the use of the device and
result being offered in evidence.
3. That the person operating the device was qualified to operate
the device. That the device was properly operated when used to obtain
the result offered in evidence.
1002.03 TRAFFIC AND CRIMINAL TRAFFIC CASES INVOLVING HGN
(HORIZONTAL GAZE NYSTAGMUS) TESTING
Admissibility of evidence relating to HGN testing is subject to the
decision by the Polk County Circuit Court in State vs. Morrison
(03 CT 117) and the holding in State vs. Zivcic, 229 Wis.2d 119
(1999).
1003 TIME TO PAY POLICY
1003.01 TIME TO PAY
In accordance with Polk County’s “time to pay”
policy, the defendant will be given 60 days in which to comply with a
prescribed monthly schedule agreement. Failure to comply will result in
statutory remedies being applied.
1003.02 TIME TO PAY POLICY EXCEPTIONS
Requests for extensions to the “time to pay” are dealt
with as follows:
1. If monthly payments have been coming in, extensions will be
automatically granted.
2. If no monthly payments have been made during the 60 days and
no written request for an extension has been received, suspension or
alternative sanctions will be imposed.
3. If no payments are made and a written request for extension
has been received, one extension will be given and a return letter will
be sent expressing that suspension or other sanctions may occur unless
further payments are received.
4. If a letter requesting a second or subsequent extension is
received with no payments made, the file will be forwarded to the judge
for a decision.
1004 REFUSAL HEARINGS
Written Request for a refusal hearing from one who has refused to
take a chemical test must be made within ten days of delivery of the
“notice of intent to revoke” to the defendant pursuant to
Wisconsin Statute § 343.305(9).
1005 REVOCATION FOR REFUSAL
The revocation period for refusal to take the chemical test will
commence 30 days after the “notice of intent to revoke” is
issued.
1006 JUVENILE APPEARANCE
1006.01 MANDATORY APPEARANCE BY JUVENILE REQUIRED
Mandatory appearances by the juvenile and parent will be required
only in the following alleged violations:
1. Alcohol or drug-related offenses.
2. Speeding 20 miles per hour or more over the speed limit.
3. Reckless driving or racing.
4. Other violations where the issuing officer feels the court
should address the juvenile directly.
1006.02 MANDATORY APPEARANCE BY JUVENILE NOT REQUIRED
If a mandatory appearance is not required of a juvenile, the law
enforcement agency must contact one or both of the parents, and a
record of those contacts should be kept by the agency.
1007 ORDINANCES
Each municipality within Polk County shall provide and maintain a
current copy of their ordinances with the clerk of court and both
branches of circuit court.
Wisconsin Circuit Court
Rules
