Vol. 72, No. 12, December 1999

Practice Tips

Court Orders Use of
Standard Court Forms

The mandatory use of standard court forms in circuit court becomes a matter of law effective Jan. 1, 2000, in criminal and juvenile cases, and July 1, 2000, in civil cases.

By David H. Nispel

Wisconsin Supreme Court Order 98-01, filed Oct. 5, 1999, requiring the use of standard court forms, likely will affect nearly everyone who is involved in Wisconsin's legal system. Proponents view this requirement as a necessary step forward, while opponents view it as a short-sighted step backward.

What the Order Provides

Supreme Court Order 98-01 creates section 758.18 of the Wisconsin Statutes, which takes effect on Jan. 1, 2000. That section provides that the Judicial Conference "shall adopt standard forms for use by parties and court officials in all civil and criminal actions and proceedings in the circuit court."

The order also creates sections 971.025 and 807.001. Section 971.025 requires that all parties and court officials use standard court forms adopted by the Judicial Conference in all criminal actions and proceedings and in all actions and proceedings under Chapter 48 (Children's Code) and Chapter 938 (Juvenile Justice Code) in circuit court. Section 807.001 requires that all parties and court officials use the standard court forms adopted by the Judicial Conference in all civil actions and proceedings in circuit court.

The new criminal and civil statute sections include three other critical provisions. First, a party or court official is permitted to supplement the standard court form with additional material. Second, 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." Third, a party or court official may use "a format consistent with any statutory or court requirement for the action or proceeding," if the Judicial Conference does not create a standard court form for a particular action or proceeding involving the party or court official.

Order 98-01 also creates Supreme Court Rule 70.153. This rule provides that the Records Management Committee (RMC), an advisory committee to the Director of State Courts Office, shall develop the standard court forms that the Judicial Conference is required to adopt under section 758.18.

Subsection (4) of SCR 70.153 establishes a distribution, review, and objection process for forms. That subsection directs the RMC to "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." No later than 90 days after the distribution of the standard court form, "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 content." Order 98-01 does not define "interested person."

The rule further requires the RMC to respond to the person filing the objection "in writing within 90 days after receipt of the objection." Within 30 days after receiving the RMC's response, the person who filed the objection "may file with the clerk of the supreme court a petition for review of the decision of the records management committee." Finally, the Wisconsin Supreme Court may seek a response from the RMC and make a determination on the matter.

Forms Availability

Attorneys and others who will use the standard court forms have several options available to them. SCR 70.153 requires the Records Management Committee to distribute or make copies of standard court forms 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." Registers in probate and juvenile clerks also will have the forms in their offices. Forms used in criminal and juvenile cases will be available by Jan. 1. Forms used in civil cases will be available by July 1.

The forms also will be available in Word® and PDF format on the supreme court Web site and the State Bar of Wisconsin Web site. The accompanying sidebar discusses how to use the indexes to the forms on the state's Web site. Attorneys and others will be able to download and save the forms to their own computers. Users can then complete the forms on their computers as necessary for the particular action or proceeding, save them, print them out, and submit the paper document to the appropriate court. The forms may not be filed electronically.

Existing Court Forms

The court forms that already were adopted by the Judicial Conference prior to Order 98-01 are included in the forms required under sections 971.025 and 807.001. The existing forms are used in criminal, civil, traffic, family, juvenile, and small claims actions, and for various general court matters. Some of the forms are for the internal use of the courts and associated personnel; others for use by pro se litigants; and still others are used in civil and criminal actions where parties are represented by counsel.

For many years, the Wisconsin Statutes have required the use of certain forms in probate matters. In addition, hundreds of other forms currently are in use. Among those forms are the following:

General: Notice of Hearing; Order for Change of Venue; Satisfaction of Judgment; Arrest-Bench Warrant/Capias.

Criminal: Criminal Court Record; Judgment of Conviction and Sentence to the County Jail/Fine/Forfeiture; Plea Questionnaire, Waiver of Rights, Appeal Rights; Judgment of Bail/Bond Forfeiture.

Traffic: Traffic Court Record; Default Judgment; Minutes - Traffic or Forfeiture.

Civil: Injunction (Domestic Abuse); Order for Restitution; Earnings Garnishment - Debtor's Answer; Petition to Return Firearms.

Small Claims: Summons and Complaint - Small Claims; Judgment - Small Claims; Writ of Restitution.

Family: Petition, Stipulation and Order Amending Judgment Affecting Family; Order to Establish Account and Authorize Transfers.

Juvenile: Injunction (Child Abuse).

The Development of Order 98-01

In April 1998 the Director of State Courts filed a petition with the Wisconsin Supreme Court seeking the creation of rules of civil and criminal procedure that would require the Judicial Conference to develop standard court forms for mandatory use in civil and criminal actions in the circuit court, and any other court as the supreme court or Legislature may direct. An amended petition was filed in June 1998 proposing that the new rules pertain to "any court official" as well as any party.

The Wisconsin Supreme Court considered the amended petition and arguments from various groups supporting and opposing the proposal. The State Bar of Wisconsin was afforded the opportunity to review existing forms and comment on those forms and the proposed order.

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