Legal News & Trends
Circuit court forms become mandatory in 2000, available online
now
Wisconsin Supreme Court Order 98-01 makes
many court forms approved by the Records Management Committee (RMC)
mandatory in Wisconsin circuit court proceedings. Most of these forms
already are in use statewide. These standardized forms must be used in
criminal and juvenile court starting Jan. 1, 2000, and in civil court
starting July 1, 2000. While failure to use a mandatory form would not
constitute cause to dismiss a case, refuse a filing, or strike a
pleading, the party would be required to submit a corrected form, and
the court could impose statutory fees or costs.
The forms are available from all clerks of circuit court, registers
in probate, and juvenile clerks. With the exception of probate, the
forms also are available online on WisBar.
For more information on the mandatory use of these forms, watch for
an article in the December Wisconsin Lawyer.
The RMC led the drive towards mandatory forms with a petition filed
in June 1998. Members of the RMC say that standard forms eliminate the
use of obsolete or incorrect forms, and ensure that the increasing
number of pro se litigants are properly served. The State Bar has
opposed the mandatory use of forms by noncourt personnel. At a public
hearing in September 1998, William Mulligan appeared on behalf of the
Bar, stating that the proposed rule would encourage the legally
untrained to prepare and file documents with the courts without an
understanding of the legal consequences.
For more information, contact RMC members James Fullin; or Christine Olsen; or Hon. John Murphy, chair
of the RMC.
Supreme court, State Bar seek comment on lawyer discipline
system
As debate over the Board of Attorneys Professional Responsibility
(BAPR) continues, both the Wisconsin Supreme Court and the State Bar are
requesting input from interested parties regarding BAPR - which is the
supreme court agency that regulates lawyer discipline in Wisconsin - and
lawyer discipline in general.
Supreme Court Order 99-03, issued Oct. 1,
calls for comments on 12 issues raised by the supreme court in its
review and study of BAPR.
The court will accept written comment on any one of the 12 issues, or
any issue related to the lawyer regulation and discipline system. File
eight copies of comments with the clerk of the supreme court at 110 E.
Main St., Room 215, Madison, WI 53703, by Jan. 4, 2000.
The State Bar's newly formed BAPR Structure Committee, cochaired by
President-elect Gary Bakke and Executive Committee member Burneatta
Bridge, also is interested in input regarding BAPR and lawyer
discipline. Written comments can be mailed, emailed, or faxed to George Brown at the State Bar, P.O.
Box 7158, Madison, WI 53707-7158; fax: (608) 257-5502.
Judicial Conference seeks comment on proposed amendments to Federal
Rules of Practice and Procedure
The Judicial Conference's Advisory Committees on the Bankruptcy Rules
and Civil Rules are seeking public comment on proposed rule amendments.
Major aspects of the proposed amendments include:
Proposed amendments to the Federal Rules of Bankruptcy
Procedure
Rule 1007 - Requires a debtor to include in the list
of creditors and schedules the name, address, and legal relationship of
any representative upon whom process would be served in an adversary
proceeding against a creditor who the debtor knows is an infant or
incompetent person.
Rule 2002(c) - Ensures that a party entitled to
notice of a hearing on confirmation of a plan is given adequate notice
of any injunction included in the plan that would enjoin conduct not
otherwise enjoined by the Bankruptcy Code.
Rule 2002(g) - Clarifies that when a creditor or
indenture trustee files a proof of claim which includes a mailing
address and a separate request designating a different mailing address,
the last paper filed determines the proper address, and a request
designating a mailing address is effective only with respect to a
particular case.
Rule 3016 - Ensures that entities whose conduct
would be enjoined under a plan, rather than by the Bankruptcy Code, are
given adequate notice of the proposed injunction by specific and
conspicuous language in the plan and disclosure statements.
Rule 3017 - Ensures that entities whose conduct
would be enjoined under a plan - but who would not ordinarily receive
copies of the plan and disclosure statement or information regarding the
confirmation hearing because they are neither creditors nor equity
security holders - are provided with adequate notice of the proposed
injunction, the confirmation hearing, and the deadline for objecting to
confirmation of the plan.
Rule 3020- Requires notice in an order of
confirmation to an entity subject to an injunction provided for in a
plan against conduct not otherwise enjoined by the Bankruptcy Code.
Rule 9006(f) - Provides an additional three days to
act when a party is served by mail. Expands the three-day rule to apply
to any method of service, other than service by personal delivery -
including service by electronic means authorized under proposed
amendments to Civil Rule 5(b).
Rule 9020 - Deletes provisions that delay for 10
days the effectiveness of an order of civil contempt issued by a
bankruptcy judge and renders the order subject to de novo review by the
district court.
Rule 9022(a) - Permits, under a local rule, the
clerk to serve notice of entry of a judgment or order of a bankruptcy
judge by any method of service, including service by electronic means,
permitted under the proposed amendments to Civil Rule 5(b).
Proposed amendments to the Federal Rules of Civil
Procedure
Rule 5(b) - Authorizes service by electronic means
or any other means not listed in Rule 5(b)(2)(A-C), but only if consent
is obtained from the person served.
The committee also seeks comment on whether Rule 6(e) should be
amended to extend the three-day rule to electronic service.
Rule 65 - Adds a new subdivision (f) that explicitly
brings copyright impoundment procedures within Rule 65 injunction
procedures.
Rule 77(d) - Permits, under a local rule, the clerk
of court to give notice of the entry of an order or judgment by any
means authorized by Rule 5(b).
Rule 81 - Conforms with the proposed abrogation of
the Copyright Rules of Practice.
The Copyright Rules of Practice are abrogated. The abrogation of the
rules and the procedures proposed under amendments to Civil Rules 65 and
81 are consistent with current practices of the courts. The proposed
changes would eliminate the concerns that the rules may be invalid and
will help ensure that the impoundment procedures necessary to police
copyright infringements are in compliance with international
standards.
The full text of the proposed rules amendments and explanatory
committee notes are available
online and also may be requested from the secretary to the Rules
Committee at the address below.
Public hearings are scheduled in Washington, D.C.: bankruptcy rules,
Jan. 18, 2000; civil rules, Jan. 20, 2000. Those wishing to testify
should write to the secretary at least 30 days before the hearing. All
written comments are due by Feb. 15, 2000, and should be mailed to:
Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure
of the Judicial Conference of the United States, Thurgood Marshall
Federal Judiciary Building, Washington, DC 20544.
Comments on the amendments also may be made online. - Karlé
Lester
Web site provides instant circuit court info
Save hours of courthouse research by locating circuit court
information online with Wisconsin
Circuit Court Access (WCCA). WCCA was recently developed as part of
the Circuit Court Automation Program (CCAP), which has automated many of
the labor-intensive and paper-based processes in county trial courts
through computerized case, jury, and financial management.
WCCA provides Wisconsin circuit court information via the Internet
and can be accessed via WisBar. WCCA users can
perform general searches for criminal, traffic, forfeiture, family, and
civil cases; perform searches for docketed civil judgment; and generate
reports including court, attorney, and issuing agency calendars. The
general case search offers several search options, including by case
number, party name, filing date, county, and prosecuting attorney.
However, information on all types of cases in every county is not
available: Outagamie and Walworth counties do not use the CCAP system;
only probate case information currently is available for Portage,
Ozaukee, and Wood counties; and Milwaukee County has data available for
all cases except probate.
"The CCAP site provides instant background information on almost
anyone who has been involved in the Wisconsin court system," says Paul
Bargren, an attorney with Foley & Lardner in Milwaukee. "It also
provides an instant status report on pending cases. It can save hours of
time."
Wisconsin Lawyer