Supreme Court Orders

The Wisconsin Supreme Court seeks further comment on the lawyer discipline system, with written comments due by Jan. 4, 2000; creates SCR 70.153 governing the creation and use of forms in the circuit court; amends section 343.24(1) regarding the use of DOT operating record abstracts in criminal proceedings; amends section 70.39(13)(b) regarding staffing standards for courts; and amends SCR 70.40 regarding venue in prisoner cases.

In the Matter of the Amendment of the Rules of Civil and Criminal
Procedure: Wis. Stat. §§ 758.18, 807.001, and 971.025; Creation of
Supreme Court Rules 70.153 - Creation and Use of Forms
in the Circuit Court

Order 98-01

At public conference May 24, 1999, the court considered the petition of the Wisconsin Records Management Committee filed June 11, 1998, seeking the creation of Rules of Civil and Criminal Procedure requiring the Wisconsin Judicial Conference to develop standard court forms for mandatory use in civil and criminal actions and proceedings in the circuit court. The proposed rules specified that a party's failure to use a mandatory form would not constitute cause to dismiss a case, to refuse a filing, or to strike a pleading, but the party would be required to submit a corrected form, and the court could impose statutory fees or costs. The petition had been presented to the court at a public hearing Sept. 17, 1998, following which the court withheld action in order to permit the State Bar of Wisconsin to review current forms that have been prepared by the Records Management Committee and notify the court of any objection it might have in respect to particular forms.

At the May 24, 1999, public conference, the court decided to adopt rules providing for the adoption and use of standard court forms in civil and criminal actions and proceedings in the circuit court, as well as a procedure for interested persons to review the standard court forms prior to their implementation and make objection to them to the Records Management Committee.

IT IS ORDERED that, effective Jan. 1, 2000, 758.18 of the statutes is created to read:

758.18 Judicial conference: standard court forms. The judicial conference shall adopt standard court forms for use by parties and court officials in all civil and criminal actions and proceedings in the circuit court.

IT IS FURTHER ORDERED that, effective Jan. 1, 2000, 971.025 of the statutes is created to read:

971.025 Forms. (1) In all criminal actions and proceedings and actions and proceedings under chapters 48 and 938 in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under s. 758.18, commencing the date on which the forms are adopted.

(2) A party or court official may supplement a standard court form with additional material.

(3) A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form or to follow the format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both.

(4) If the judicial conference does not create a standard court form for an action or pleading undertaken by a party or court official, the party or court official may use a format consistent with any statutory or court requirement for the action or pleading.

IT IS FURTHER ORDERED that, effective July 1, 2000, section 807.001 of the statutes is created to read:

807.001 Forms. (1) In all civil actions and proceedings in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under s. 758.18, commencing the date on which the forms are adopted.

(2) A party or court official may supplement a standard court form with additional material.

(3) A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form or to follow the format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both.

(4) If the judicial conference does not create a standard court form for an action or pleading undertaken by a party or court official, the party or court official may use a format consistent with any statutory or court requirement for the action or pleading.

IT IS FURTHER ORDERED that, effective Jan. 1, 2000, 70.153 of the Supreme Court Rules is created to read:

70.153 Judicial conference, forms. (1) The standard court forms that the judicial conference is required to adopt under section 758.18 of the statutes shall be developed by the records management committee, an advisory committee to the director of state courts office.

(2) Under article VIII of the bylaws of the judicial conference, the judicial members of the records management committee act on behalf of the judicial conference in the adoption of standard court forms.

(3) Each standard court form shall include a notice that the form may be supplemented with additional material.

(4)(a) Upon adoption of a standard court form, the records management committee shall distribute or make a copy of the form available to the clerks of circuit court, the circuit court judges, the State Bar of Wisconsin and other persons who are required to use the form.

(b) Within 90 days after the date of distribution of a standard court form under par. (a), an interested person may file with the records management committee a written objection to the mandatory use of the form, to the content of the form or to both the use and the content.

(c) The records management committee shall respond to the objector under par. (b) in writing within 90 days after receipt of the objection.

(d) Within 30 days after the date on which he or she receives the written response of the records management committee to an objection filed under par. (b), the person filing the objection may file with the clerk of the supreme court a petition for review of the decision of the records management committee. The supreme court may request a response from the records management committee and establish a schedule for submission of the matter to the supreme court for determination.

IT IS FURTHER ORDERED that the standard court forms under §§ 807.001 and 971.025 include the court forms that have been adopted by the judicial conference prior to the date of this order.

IT IS FURTHER ORDERED that notice of the creation of Wis. Stat. § 758.18, the amendment of the Rules of Civil and Criminal Procedure, and the creation of SCR 70.153 be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 5th day of October, 1999.

By the court:
Marilyn L. Graves,
Clerk of Court

In the Matter of the Amendment of Supreme Court Rules:
SCR 70.39(13)(b) - Staffing Standards for Courts

Order 99-01

The court held a public hearing Sept. 28, 1999, on the petition of the Executive Committee of the Judicial Conference of Wisconsin requesting the amendment of SCR 70.39(13)(b) to replace the semiannual review of staffing standards set forth in SCR 70.39(11) with a review of those standards at the discretion of the Judicial Conference or as the supreme court may direct. The court has considered the presentation made at that public hearing.

IT IS ORDERED that, effective the date of this order, 70.39(13)(b) of the Supreme Court Rules is amended to read:

70.39(13)(b) The judicial conference shall review the staffing standards under sub. (11) semiannually at such times as the judicial conference considers appropriate or as the supreme court may direct and shall report to the supreme court its the judicial conference's recommendations for their modification of those staffing standards.

IT IS FURTHER ORDERED that notice of this amendment of the Supreme Court Rules be given by single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 7th day of October, 1999.

By the court:
Marilyn L. Graves,
Clerk of Court

In the Matter of the Amendment of Supreme Court Rules:
SCR 70.40 - Venue in Prisoner Cases

Order 99-02

The court held a public hearing Sept. 28, 1999, on the petition of the Committee of Chief Judges and District Court Administrators requesting amendment of SCR 70.40, governing venue in cases brought by incarcerated persons to conform that rule to applicable revisions of the statutes. The court has considered the presentation made at that public hearing.

IT IS ORDERED that, effective the date of this order, 70.40 of the Supreme Court Rules is amended as follows:

SECTION 1. 70.40 (title) and (1) of the supreme court rules are amended to read:

SCR 70.40 (title) Venue in incarcerated person prisoner cases.

(1) The clerk of circuit court shall use the "IP" (incarcerated person) case type designation to identify pleadings and papers submitted by any jail or prison inmate prisoner, as defined in s. 801.02(7)(a)2., stats., seeking to commence, prosecute or defend an action or proceeding under section s. 814.29 (1) of the statutes if the pleadings and papers submitted appear to deal with the fact, duration or conditions of imprisonment or with other confinement matters not including criminal postjudgment issues related to conviction (1m), stats., without the prepayment of costs and fees.

(1m) The incarcerated person case designation is not intended to replace clerk of circuit court shall use the family, criminal or civil case type designations when those designations are appropriate and applicable costs and fees are prepaid. The case type designation for any case designated "IP" under sub. (1) shall be changed to and proceed under the appropriate civil case designation whenever a court orders the case commenced under s. 814.29 (1m), stats., without the prepayment of costs and fees.

SECTION 2. 70.40(2) (intro.) of the supreme court rules is amended to read:

70.40(2) (intro.) When pleadings and papers are designated an incarcerated person case, the The court shall determine all as much of the following as is necessary, based on the pleadings and papers submitted by a prisoner, in the following order:

SECTION 3. 70.40 (2) (a) to (d) of the supreme court rules are renumbered 70.40 (2) (g) to (j).

SECTION 4. 70.40 (2) (am), (bm), (cm), (dm), (em) and (fm) of the supreme court rules are created to read:

70.40(2) (am) Whether all required documentation has been submitted.

(bm) Whether all available administrative remedies have been exhausted.

(cm) Whether the prisoner is precluded from filing without the prepayment of costs and fees under s. 801.02 (7) (d), stats.

(dm) Whether the prisoner is indigent.

(em) In what manner the filing fees and costs are to be paid.

(fm) Whether the case should be dismissed without requiring the defendant to answer for a reason set forth in s. 802.05 (3) (b), stats.

SECTION 5. 70.40(3) of the supreme court rules is amended to read:

70.40(3) If sub. (2) (b), (c) and (d) (h), (i) and (j) are all answered in the affirmative, the court on its own motion shall change venue to the more convenient county under section s. 801.52 of the statutes , stats. The clerk of the circuit court shall forward the case to the clerk of circuit court in the more convenient county and shall give notice of that action to the parties. The court to which the case is forwarded shall determine indigency and whether the case presents a claim upon which the court may grant relief and shall issue an appropriate order under section 814.29 (1) of the statutes Any order changing venue shall direct payment of costs and fees to the county to which venue is transferred.

SECTION 6. 70.40(4) of the supreme court rules is amended to read:

70.40(4) If the court to which the case is forwarded under sub. (3) believes an error has been made in the determination that venue is proper in that court, the that court shall refer the matter to the chief judge of the district in which that court is located to resolve the matter.

SECTION 7. 70.40(5) of the supreme court rules is repealed.

IT IS FURTHER ORDERED that notice of this amendment of the supreme court rules be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 7th day of October, 1999.

By the court:
Marilyn L. Graves,
Clerk of Court

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