Vol. 75, No. 12, December
2002
Speak Up on Mandatory Forms
State Bar members can seek to create or modify mandatory court forms
and can comment on specific forms as they are released during a
time-limited review process. While the Records Management Committee will
release forms biannually, with forms listed in the Wisconsin
Lawyer, lawyers should periodically check the supreme court and
State Bar Web sites for new releases.
by James L. Fullin & Christine R.H.
Olsen
Since the Wisconsin Supreme Court filed Order 98-01 on Oct. 5, 1999,
requiring the use of standard court forms in circuit court, mandatory
forms have become a necessary tool for practicing law in Wisconsin. The
Record Management Committee (RMC), an advisory committee to the Director
of State Courts Office, develops and distributes the mandated forms.
Forms are distributed to the public through the Wisconsin Supreme Court
Web site at www.courts.state.wi.us/circuit/search_forms.html
and the State Bar Web site at www.wisbar.org/forms; and to the courts through the
clerks of court, juvenile clerks, and registers in probate. The supreme
court site lists the forms in both a pdf and a Word format and contains
a search function.
State Bar Representatives to the RMC. The RMC seeks
participation from State Bar members. Attorneys Jim Fullin (fullinj@mail.opd.state.wi.us)
and Christine Olsen (olsenlaw@aol.com) are State Bar
representatives to the RMC and are active on the Forms Subcommittee. The
RMC seeks assistance from State Bar sections and individual members in
revising or creating forms. Sections have participated in subcommittees
to redraft forms or have attended a Forms Committee meeting to give
input on creating or modifying forms. Individual attorneys have
communicated directly with the RMC seeking modifications or the creation
of forms as well.
Review Process for Specific Forms. SCR 70.153(4)
provides a review process for concerns about specific, released forms.
Interested persons may file a written objection to the RMC, objecting to
either the "mandatory use of the form, to the content of the form or to
both the use and content." The RMC must respond in writing within 90
days. Within 30 days from the RMC response, the objector may then "file
with the clerk of the supreme court a petition for review of the
decision of the records management committee." The supreme court may
then seek a response from the RMC and will make a determination.
Biannual Distribution of Forms. In the past, the
distribution of forms has not followed a specific schedule, and
attorneys have expressed frustration with trying to comply with the rule
when the forms change without notice. To address this concern, the RMC
will make an effort to release forms on a biannual basis unless there is
a specific change in the law requiring a revision or new form.
Additionally, the Wisconsin Lawyer will regularly list the
release of new or revised forms.
Recently, most of the probate and juvenile forms were reviewed and
revised to meet current statutory requirements. Many of those forms had
not been revised in more than 10 years. In January, new forms complying
with the new Truth-in-Sentencing laws will be released. Attorneys who
practice in these areas should visit the Web site addresses above to
make certain they are using the latest forms.
A complete list of forms released by the RMC in 2002 through its
October 2002 meeting accompanies this column.
New and Revised Standard Court Forms
Forms released in 2002 through the Record Management Committee's
October 2002 meeting.
New (N) / Revised (R) / Withdrawn (W)
Civil
Forms
|
Form #
|
Date |
Name of Form |
|
|
| CV-402 |
8/02 (R)
|
Petition for Temporary Restraining Order and/or
Injunction |
|
CV-403
|
8/02 (R) |
Notice of Hearing - Temporary Restraining Order
(Domestic Abuse) |
|
CV-404
|
8/02 (R) |
Injunction (Domestic Abuse) |
|
CV-405
|
6/02 (R) |
Petition for TRO and/or Injunction (Harassment) |
|
CV-406
|
6/02 (R) |
Notice of Hearing/TRO (Harassment) |
|
CV-407
|
6/02 (R) |
Injunction (Harassment) |
|
CV-417
|
8/02 (R) |
Notice of Domestic Abuse Injunction Hearing |
|
CV-421
|
6/02 (R) |
Earnings Garnishment Notice |
|
CV-422
|
6/02 (R) |
Earnings Garnishment |
| CV-427 |
7/02 (R)
|
Poverty Guidelines for Earnings |
|
CV-440
|
1/02 (R) |
Prisoner's Petition for Waiver of Prepayment
of Fees/Costs Based on Imminent Danger - Affidavit of Indigency |
Criminal
Forms
|
Form #
|
Date |
Name of Form |
| CR-205 |
6/02 (R)
|
Order for Competency Examination |
|
CR-209
|
6/02 (R) |
Judgment of Dismissal/Acquittal |
|
CR-227
|
6/02 (R) |
Plea Questionnaire/Waiver of Rights |
|
CR-230
|
12/01(R) |
Judgment of Bail/Bond Forfeiture (form summary only
updated) |
|
CR-244
|
6/02 (N) |
Order for Presentence Investigation Report
(PSI) |
Guardianship
Forms
|
Form #
|
Date |
Name of Form |
| GN-2001 |
5/02 (R)
|
Petition for Guardianship |
|
GN-2011
|
5/02 (R) |
Guardianship Inventory |
|
GN-2012
|
5/02 (R) |
Petition for Temporary Guardianship |
|
GN-2014
|
10/02 (W) |
Notice of Annual Review Procedure and Rights |
|
GN-2027
|
10/02 (W) |
Notice of Rights |
|
GN-2036
|
5/02 (R) |
Form summary change only |
|
GN-2080
|
5/02 (R) |
Petition for Guardianship of Minor |
Juvenile
Forms
|
Form #
|
Date |
Name of Form |
| JC-1630 |
12/02 (R)
|
Petition for Termination of Parental Rights |
|
JC-1641
|
6/02 (R) |
Order for Hearing and Investigating/ Screening -
Adoptive Placement/ Adoption |
|
JC-1643
|
6/02 (N) |
Order for Hearing and Screening (Stepparent
Adoption) |
|
JC-1648
|
6/02 (N) |
Priority Placement Order (Interstate Compact on
Placement of Children) |
|
JC-1693
|
6/02 (R) |
Petition in Juvenile Court for TRO and/ or
Injunction (Harassment) |
|
JD-1710
|
12/02 (R) |
Temporary Physical Custody Request |
|
JD-1712
|
12/02 (R) |
Waiver of Participation in Physical Custody Hearing |
|
JC-1737
|
6/02 (R) |
Plea Questionnaire/Waiver of Rights (Juvenile) |
General Forms
|
Form #
|
Date |
Name of Form |
| GF-105 |
12/02 (R)
|
Order to Garnishee/Release of
Garnishee |
|
GF-142
|
6/02 (R) |
Arrest-Bench Warrant/Capias |
|
GF-147
|
6/02 (R) |
Threat/Security Incident Report |
|
GF-160
|
12/02 (R) |
Order Appointing Supplemental Court Commissioner |
|
GF-161
|
6/02 (R) |
Income Assignment Order
for Unpaid Fines and Other Financial Penalties |
|
GF-171
|
12/02 (R) |
Judgment for Unpaid Fines, Forfeitures and
Other Financial Obligations (Previously CR-225) |
Chapter 51 Forms
|
Form #
|
Date |
Name of Form |
| ME-901 |
12/02 (R)
|
Statement of Emergency Detention by
Law Enforcement Officer |
|
ME-902
|
12/02 (R) |
Statement of Emergency Detention by Treatment
Director |
|
ME-903
|
12/02 (R) |
Petition for Examination |
|
ME-904
|
12/02 (R) |
Motion and Order for Dismissal |
|
ME-905
|
12/02 (R) |
Order for Involuntary
Medication and Treatment |
|
ME-907
|
12/02 (R) |
Statement of Emergency Detention by District
Attorney or Corporation Counsel |
|
ME-908
|
12/02 (R) |
Settlement Agreement and Court
Approval and Order |
|
ME-909
|
12/02 (R) |
Statement of Noncompliance with Settlement Agreement and
Court Order |
|
ME-910
|
12/02 (R) |
Order for Final Hearing or
Dismissal |
| ME-911 |
12/02 (R)
|
Order of Commitment/Extension or
Commitment/Dismissal |
| ME-912 |
12/02 (R) |
Treatment Conditions
|
| ME-913 |
12/02 (R) |
Petition for Examination (Fifth Standard Under
51.20(1)(a)2.e.) |
| ME-914 |
12/02 (R) |
Order of Commitment or Dismissal (Fifth Standard Under
51.20(1)(a)2.e.) |
| ME-915 |
12/02 (W) |
Petition for Approval of Minor's Admission and
Order |
| ME-917 |
12/02 (R) |
Physician's Report and Request for Hearing |
|
ME-918
|
12/02 (N) |
Order for Hearing on Medication or
Treatment |
Probate Forms
|
Form #
|
Date |
Name of Form |
| PR-1808 |
5/02 (R)
|
Statement of Informal
Administration |
|
PR-1811
|
5/02 (R) |
Inventory |
|
PR-1814
|
5/02 (R) |
Final Account |
|
PR-1816
|
5/02 (R) |
Personal Representative's Statement to Close Estate
(Informal Administration) |
|
PR-1846
|
5/02 (N) |
Waiver and Consent |
|
PR-1902
|
5/02 (R) |
Waiver, Consent and Approval (Formal
Administration) |
|
PR-1910
|
5/02 (R) |
Petition for Approval of Final Account
and Final Judgment |
|
PR-1938
|
5/02 (N) |
Trust Receipt |
Small Claims
Forms
|
Form #
|
Date |
Name of Form |
| SC-503 |
6/02 (R)
|
Small Claims Garnishment Summons and
Complaint for Non-Earnings |
|
SC-507
|
6/02 (R) |
Motion and Order for Hearing on Contempt |
|
SC-514
|
6/02 (R) |
Writ of Replevin |
|
SC-516
|
6/02 (R) |
Summons for Consumer Replevin |
Truth-in-Sentencing
Forms
|
Form #
|
Date |
Name of Form |
| CR-250 |
1/03 (N)
|
Petition to Modify Court-Imposed
Conditions of Extended Supervision, § 302.113(7m) |
|
CR-251
|
1/03 (N) |
Verification of Date of Release to Extended Supervision,
§ 302.113(7m) |
|
CR-252
|
1/03 (N) |
Order Modifying Court-imposed
Conditions of Extended Supervision, § 302.113(7m) |
|
CR-254
|
1/03 (N) |
Petition to Modify Bifurcated Sentence, §
302.113(9g) |
|
CR-255
|
1/03 (N) |
Referral by Department of
Corrections to Sentencing Court, § 302.113(9g) |
|
CR-256
|
1/03 (N) |
Order Concerning Sentence Modification,
§ 302.113(9g) |
|
CR-258
|
1/03 (N) |
Petition for Sentence Adjustment,
§ 973.195 |
|
CR-259
|
1/03 (N) |
Notice to District Attorney/District Attorney Response
on Petition for Sentence Adjustment, § 973.195 |
|
CR-260
|
1/03 (N) |
Order Concerning Sentence Adjustment,
§ 973.195 |
Wisconsin
Lawyer
