Jefferson County Circuit Court
RULES OF COURT
Preamble
Order Appointing Rules
IN RE ESTABLISHMENT OF RULES OF PROCEDURE FOR JEFFERSON COUNTY CIRCUIT
COURTS IT IS ORDERED that the following are adopted as the rules of court for Jefferson
County Wisconsin, effective March 15, 2017. These rules supersede and replace any previous
rules.
Rules of Decorum in Circuit Court
Purpose
The purpose of these rules is to establish uniform rules of courtroom decorum throughout the
trial courts of Wisconsin, and to assist judges and attorneys through prescribed courtroom
procedures. They are intended to supplement but not to supersede the Code of Professional
Responsibility and Canons of Judicial Ethics of the American Bar Association and of the State
Bar of Wisconsin, and the Supreme Court Rules and legislative enactments of the State of
Wisconsin.
Judges, Clerk of Court, Attorneys and Non-Resident Attorneys shall comply with
Supreme Court Rules.
Courtroom
1) The flag of the United States and flag of the State of Wisconsin shall at all times be
displayed when the court is in session on or in close proximity to the bench, with the flag of
the United States to the judge’s right.
2) Court shall be formally opened each day upon which court business is transacted, by the
clerk of court.
3) As the judge enters the courtroom the clerk of court shall require all present to arise and
stand. The business of the court shall then proceed.
4) Upon recessing, the judge shall announce: “The court is now in recess.”
5) At any time thereafter during the day when court is reconvened the clerk of court shall cause
all to stand until the judge is seated.
6) Dignity and solemnity of the judge and the attorneys shall be maintained in the courtroom at
al times.
7) There shall be no unnecessary conversation, loud whispering, newspaper or magazine
reading, phone or computer usage or other distracting activity by anyone in the courtroom
while court is in session.
8) All attorneys and officers of the court shall dress appropriately while in attendance upon the
court. Judicial discretion may be exercised otherwise in extreme conditions.
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Table of Contents
I. GENERAL RULES (applies to all case types) ..................................................................... 6
A. ELECTRONIC FILING (eFiling), REDACTION AND SEALING ........................................ 6
B. FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT .............................. 6
C. TELEPHONE AND AUDIO-VISUAL EQUIPMENT AND PROCEEDINGS AND
TELEPHONE CONFERENCES.............................................................................................. 6
1. Telephone Testimony .................................................................................................. 6
2. Audiovisual Equipment ................................................................................................ 7
D. COURT APPOINTED COUNSEL/GAL ............................................................................ 7
1. Petition For Payment ................................................................................................... 7
2. Petition To Include ....................................................................................................... 7
3. Special Costs Incurred by Court Appointed Attorneys/GALs ........................................ 7
4. Judicial Assignment ..................................................................................................... 7
E. DISCLAIMER .................................................................................................................. 7
II. CIVIL COURT RULES ........................................................................................................ 8
A. SMALL CLAIMS PROCEDURES .................................................................................... 8
1. General ........................................................................................................................ 8
2. Return Date, Joinder Hearings And Appearances ........................................................ 8
3. Default Judgments And Dismissals .............................................................................. 8
4. Pre-Trial Conferences .................................................................................................. 8
5. Adjournments ............................................................................................................... 9
6. Garnishments .............................................................................................................. 9
7. Telephone Appearances .............................................................................................. 9
8. Eviction Actions ........................................................................................................... 9
B. MOTION PRACTICE ......................................................................................................10
1. Letters to Court ...........................................................................................................10
2. Non-Wisconsin Authorities ..........................................................................................10
3. Consolidation motions .................................................................................................10
4. Multiple Filings ............................................................................................................10
C. SUBMISSION OF DOCUMENTS TO OPPOSING COUNSEL .......................................10
1. Proposed orders, etc. ..................................................................................................10
2. Documentary Exhibits .................................................................................................10
D. PRE-TRIAL PRACTICE ..................................................................................................11
1. Attorneys ....................................................................................................................11
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2. Discovery ....................................................................................................................11
3. Limitation of Interrogatories .........................................................................................11
E. ADJOURNMENTS .........................................................................................................12
1. Permission Required ...................................................................................................12
2. Telephonic requests ....................................................................................................12
III. FAMILY COURT RULES ................................................................................................13
A. EX PARTE PRACTICE ...................................................................................................13
1. Affidavit of Party, Fact Witness or Expert Witness Required .......................................13
2. Order Shortening Time for Notice of Hearing ..............................................................13
B. TEMPORARY ORDERS HEARINGS .............................................................................13
1. Preliminary Financial Disclosure and Other Required Preparation ..............................13
2. Submission of Orders .................................................................................................13
C. PRE-TRIAL PRACTICE ..................................................................................................13
1. Case Status Reports ...................................................................................................13
2. Pre-trial Conferences ..................................................................................................13
3. Appraisals ...................................................................................................................13
4. Discovery Proceedings ...............................................................................................14
D. ADJOURNMENTS .........................................................................................................14
1. Permission Required ...................................................................................................14
2. Telephonic requests ....................................................................................................14
E. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ...............................14
1. Submitting to Court .....................................................................................................14
F. POST-JUDGMENT PRACTICE ......................................................................................14
1. Matters Generally Heard by the Circuit Court Commissioner ......................................14
2. Matters Generally Heard by the Assigned Circuit Judge .............................................14
3. Contempt Proceedings ...............................................................................................14
G. GUARDIANS AD LITEM (GAL) ......................................................................................15
1. Guardian ad litem List .................................................................................................15
2. Direct Payment by Parties ...........................................................................................15
3. County Payment when all Parties are Indigent ............................................................15
4. GAL Billing Practice ....................................................................................................15
H. LEGAL CUSTODY AND PHYSICAL PLACEMENT ........................................................16
1. Parent Education Program ..........................................................................................16
2. Mental Health Evaluations or Assessments ................................................................16
3. Review of Family Court Services (FCS) File ...............................................................17
4. Deposition of FCS Staff and Court Appointed Experts ................................................17
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I. HEARING DE NOVO ......................................................................................................17
1. In General ...................................................................................................................17
2. Waivers and Limitations of Right to Hearing De Novo .................................................17
3. Order in Effect Pending De Novo Hearing or Reconsideration Hearing .......................17
J. MISCELLANEOUS MATTERS .......................................................................................17
1. Submitting Orders .......................................................................................................17
2. Telephone Appearances .............................................................................................18
3. Telephone Testimony .................................................................................................18
4. Prohibited Ex Parte Communications ..........................................................................18
IV. PROBATE COURT RULES ............................................................................................19
A. JURISDICTION OF THE PROBATE COURT .................................................................19
1. Applicable Wisconsin Statutes ....................................................................................19
B. DOCUMENT PREPARATION ........................................................................................19
1. If any of the local rules in B 1.(a-d) are not complied with the Register in Probate Office
may refuse to receive and file them. ...................................................................................19
C. ESTATE MATTERS .......................................................................................................19
1. Wills, codicils, and any other testamentary documents ...............................................19
2. Special Administrations ...............................................................................................20
3. Summary Settlements and Summary Assignments .....................................................20
4. Hearing or Waiver of Hearing ......................................................................................20
5. Closing Estates ...........................................................................................................20
6. Extensions of Time to Close Estates ...........................................................................21
D. GUARDIANSHIP, CONSERVATORSHIP, AND PROTECTIVE PLACEMENT ...............21
1. Interested Parties ........................................................................................................21
2. Minor Guardianship .....................................................................................................21
3. Access to File .............................................................................................................21
4. Termination of a Guardianship ....................................................................................22
E. CIVIL COMMITMENT MATTERS ...................................................................................22
1. Appointment of GAL ....................................................................................................22
V. CRIMINAL COURT RULES ...............................................................................................23
A. PRE-TRIAL CONFERENCES ........................................................................................23
B. MOTIONS ......................................................................................................................23
C. ADJOURNMENTS .........................................................................................................23
D. ATTORNEY OF RECORD ..............................................................................................23
E. HAZARDOUS PHYSICAL EVIDENCE ...........................................................................23
F. PLEA HEARINGS ..........................................................................................................24
G. SANCTIONS ..................................................................................................................24
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H. HUBER PRIVILEGES & COMMUNITY SERVICE WORK ..............................................24
VI. JUVENILE COURT RULES ............................................................................................25
A. CUSTODY HEARINGS ..................................................................................................25
B. LEGAL REPRESENTATION FOR MINORS ...................................................................25
1. Jefferson County Guardian ad Litem (GAL) ................................................................25
2. Notification of Appointment .........................................................................................25
3. Termination of Appointments/Re-Appointments and Continuing Appointments ...........25
4. Documents to be Served.............................................................................................26
5. Special Costs Incurred by Court Appointed Attorneys/GAL .........................................26
C. SCHEDULING OF HEARINGS ......................................................................................26
1. Plea Hearings and Pre-Trial Conferences ...................................................................26
2. Deferred Prosecution/Consent Decree Hearings ........................................................27
3. Pre-Hearing Practice ...................................................................................................27
4. Waiver Hearing Time Limits ........................................................................................27
D. DISPOSITION ................................................................................................................27
1. Court Report ...............................................................................................................27
2. Waiver of Court Report ...............................................................................................27
3. Contents .....................................................................................................................27
4. Payment Responsibility ...............................................................................................27
E. TERMINATION OF PARENTAL RIGHTS .......................................................................28
1. GAL deposit ................................................................................................................28
2. Written Notice to Parents ............................................................................................28
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I. GENERAL RULES (applies to all case types)
A. ELECTRONIC FILING (eFiling), REDACTION AND SEALING
The terms and procedures of the eFiling, redaction and sealing rules are
incorporated into and relevant to these rules. (See §§ 801.18, 801.19 and
801.21 Wis. Stats.)
B. FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Facsimile documents transmitted directly to the court shall be accepted for filing
only if the filer is not a mandatory eFiling party and all of the following apply:
facsimile transmission is allowed by rule pursuant to statute.
the document does not exceed fifteen (15) pages in length, excluding
cover sheet.
no filing fee is required
no additional fee or charge must be paid by the Circuit Court for
accepting or receiving the facsimile document.
Facsimile documents transmitted to a non-court agency, party or company for
reception and ultimate transmittal to the Court shall be accepted for filing only if:
no filing fee is required
no additional fee or charge must be paid by the Circuit Court for
accepting or receiving the facsimile document.
The party transmitting the document is solely responsible for ensuring its timely
and complete receipt.
The Circuit Court Judge or Clerk is not responsible for:
errors or failures in transmission that result in missing or illegible
documents.
period when a Circuit Court facsimile machine is not operational for
any reason.
A judge assigned to a particular matter may authorize filing of particular
documents that do not conform to these rules if good cause is shown and the
filing is in conformance with § 801.16, Wis. Stats.
Documents that are not to be filed, but are to be used by the court for reference
or other purpose may be transmitted by facsimile in the discretion of the judge or
clerk – but the facsimile cover sheet must identify the transmission as being
preapproved for such purpose(s).
Documents filed by facsimile are considered by these rules to be the original
document(s). The filing party shall not file a duplicate by mail or otherwise. Such
attempts will not be received nor filed.
C. TELEPHONE AND AUDIO-VISUAL EQUIPMENT AND PROCEEDINGS
AND TELEPHONE CONFERENCES
1. Telephone Testimony
Upon satisfaction of statutory requirements, an attorney, party or witness
may appear by telephone only with permission of the court, under
procedure established by Wisconsin Statutes.
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2. Audiovisual Equipment
The courtrooms are equipped with integrated audiovisual equipment. It is
the litigant’s responsibility to contact the Clerk of Court’s office to arrange
for use and testing of their electronic device (ie: laptop) to ensure
compatibility with the court’s equipment. All testing must be completed
during normal business hours prior to the date of the hearing/trial.
D. COURT APPOINTED COUNSEL/GAL
1. Petition For Payment
Court appointed counsel/GAL shall submit a petition for payment
quarterly and within 10 days following the final hearing. Petitions may be
made more than quarterly only if the total fees and costs exceed $200.00
2. Petition To Include
Each petition for payment shall include billing statement(s) containing the
following information: case number and name; date(s) of service; service
provided and time spent. Every petition for payment shall indicate
whether it is an interim or final petition for payment. Petitions not timely
submitted may not be paid.
3. Special Costs Incurred by Court Appointed Attorneys/GALs
See Section VI B 5. of these rules.
4. Judicial Assignment
A judge’s assignment/reassignment to a case supersedes an attorney’s
appointment in all instances.
E. DISCLAIMER
These rules are not regularly updated. Nothing herein is intended to conflict with
present statutes or case law. These rules shall not serve as a basis or argument
for non-compliance with any present or future statute addressing the subject
matter herein addressed. Specific scheduling orders shall take priority over time
limits in these rules whenever the two are in conflict.
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II. CIVIL COURT RULES
The following Local Rules of Civil Procedure are intended to govern civil litigation not to include
family, traffic, ordinance, or juvenile law. Unless noted, the Wisconsin Statutes apply, without
reference.
A. SMALL CLAIMS PROCEDURES
1. General
A guide to Small Claims procedures is available from the Clerk of Courts
upon request and is also available online at www.wicourts.gov.
The return dates and pretrial conferences on all small claims matters are
generally heard before a circuit court commissioner.
2. Return Date, Joinder Hearings And Appearances
At the return date, the entire roll (calendar) will be read. Each party shall
be required to announce their appearance when their case is called.
Defendants will be required to state if they contest the allegations in the
complaint at the time their case is called.
Personal appearance by all parties and/or their lawyers is required at the
time of the return date. Filing written answers does not alleviate this
requirement. Corporate parties shall appear by a lawyer or a full-time
employee.
Service shall be as set forth in § 799.12 Wis. Stats., except the court does
not authorize service as set forth in § 799.12(2) and (3) Wis. Stats.
3. Default Judgments And Dismissals
If a defendant does not appear at the time of the reading of the calendar,
default judgment will be entered against the defendant in the amount
requested in the complaint or a lesser amount if requested by the plaintiff
upon filing proof of service, Affidavit of No-Answer and Non-Military
Service within 30 days.
If the plaintiff does not appear, at the time of the reading of the calendar,
the matter shall be dismissed.
Plaintiffs may dismiss the matter at any time before the return date
without leave of the Court. It is the plaintiff’s responsibility to notify the
defendant not to appear on the return date if the case is dismissed before
the return date.
4. Pre-Trial Conferences
If a defendant appears at the return date and contests the action, the
parties shall participate in a pre-trial conference immediately following the
reading of the calendar. All participants shall come to the pre-trial
conference with full authority to settle the matter or otherwise enter into
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compromises or stipulations on behalf of themselves or the parties for
whom they are appearing.
5. Adjournments
No adjournment of any proceeding will be granted without specific
permission of the Court. Except for adjournment requests made at the
return date, requests to adjourn shall be made to the Court in writing,
shall state the reason for the request for adjournment, and shall state
whether the opposing party consents to adjourn. The requesting party
shall provide a copy of any such written request to all other parties or, if
represented, their attorneys. If a request for adjournment is made with
insufficient time to provide notice to all parties in writing, the court will
address the request at the time of the reading of the calendar. Any
objection to adjournment shall be provided to all other parties or, if
represented, their attorneys, and shall indicate on its face that copies
have been so provided.
Telephonic requests for adjournments may be made only when the
adjournment is by stipulation of all parties. It is the responsibility of the
requesting party to arrange for a conference call by all parties with the
Clerk of Courts-Small Claims Division for rescheduling.
6. Garnishments
Personal service on the Garnishee Defendant and the Judgment Debtor
is required for all Non-earnings Garnishment actions. Proof of same must
be filed with the Court before any proceeds can be released. Mail service
for Earnings Garnishment actions is permitted.
7. Telephone Appearances
Except as may otherwise be authorized or ordered by the Court,
telephone appearances are allowed only in Garnishment and Order To
Show Cause hearings and then only by permission of the judge. Any
plaintiff or plaintiff's counsel who intends to appear by telephone at a
Garnishment or Order To Show Cause hearing shall include the following
language on the respective notice or pleading: "Pursuant to local court
rule: Plaintiff intends to appear by telephone at this hearing. If defendant
wishes to appear aby phone he/she/they must make this request to the
judge, independently Otherwise he/she/they must appear in person. Any
party who intends to offer documents or other evidence at this hearing
shall furnish copies to the opposing party or, if represented, opposing
counsel, at least 48 hours (two business days) prior to the hearing.
Failure to comply with this requirement may result in exclusion of
evidence or other sanctions."
8. Eviction Actions
If the complaint requests both eviction and money damages but the
money damages portion of the claim is not fully ripe for hearing due to the
tenant not vacating the premises, the matter will be bifurcated. First the
court will resolve the eviction matter. If a Judgment of Eviction is granted,
the court will schedule a return date on the money damages claim
approximately 30 days after the tenant vacates. At least one week prior
to the return date on the money damages claim, the landlord shall file a
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damages list, including a specific itemization of the money damages
sought, with the court and sent a copy to the tenant seven (7) calendar
days prior to the return date on the money damages claim. The landlord
shall prepare and file an affidavit of mailing of the damages list.
B. MOTION PRACTICE
1. Letters to Court
Attorneys must keep in mind that letters concerning substantive matters
shall not be copied to the Court, as it is a breach of the local rules of
civility.
2. Non-Wisconsin Authorities
Copies of non-Wisconsin legal authority will be provided to the court with
the cited document.
3. Consolidation motions
Motions for consolidation shall be heard by the branch assigned the
lowest numbered action. If the motion is granted, and the judge with the
higher case number consents in writing, then the branch with the lower
numbered case shall retain, hear and determine consolidated actions.
4. Multiple Filings
If a party or attorney becomes aware of multiple filings regarding the
same child/ren in cases denominated FA, PA, JC, GN, IN and TP, this
fact shall immediately be brought to the attention of the judge and clerk
assigned to the earliest filed case. In turn, that judge will consult with the
other assigned judge/s to determine whether the matters should be
unified into a single court. If unification is ordered, notice will issue.
C. SUBMISSION OF DOCUMENTS TO OPPOSING COUNSEL
1. Proposed orders, etc.
Unless the Court shall otherwise direct, any proposed Order, Findings,
Conclusions of Law or Judgment submitted to the court shall be
simultaneously submitted to opposing counsel. Any objections shall be
made in writing within 5 days or be deemed waived. Any such objection
shall specifically describe the objectionable part of the proposed
documents and the moving party's proposed alternative.
The “5 Day Rule” will not apply to defaulted parties. Defaulted parties do
not have the right to object to substantive matters absent motion to the
court.
2. Documentary Exhibits
Whenever documentary exhibits are presented by counsel during
evidentiary hearings or trial, legible copies shall be provided to all counsel
of record and to the Court. Legible copies shall be submitted to opposing
counsel before submitted as evidence to the Court.
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D. PRE-TRIAL PRACTICE
1. Attorneys
Trial counsel must appear in person at the pre-trial conference. The
attorneys appearing at the pre-trial conference shall have full authority to
enter into stipulations, including settlement. Counsel shall be prepared to
fully address themselves to all of the items required by local rules,
statutes, or the scheduling order. Counsel representing parties shall be
prepared to address settlement status at all pretrial conferences by
having obtained: specific settlement authority, telephone access to the
party arranged prior to the appearance, or the presence of the party at the
courthouse.
2. Discovery
Form of Discovery Responses: An objection or an answer to an
interrogatory shall reproduce the interrogatory to which it refers. A
response or an objection to a request for admission shall reproduce the
request to which it refers. A response or an objection to a request for
production of documents shall reproduce the request to which it refers.
3. Limitation of Interrogatories
No party may serve more than a total of 75 interrogatories in any case
upon any other party without the prior order of the Court. For the purpose
of computing the number of interrogatories served:
(1) Each subpart of an interrogatory shall be construed as one
interrogatory;
(2) Parties represented by the same attorney or law firm shall
be regarded as one party;
(3) Interrogatories inquiring about the names and location of
parties, expert witnesses and other persons having knowledge of
discoverable information, or about the existence, location, or
custodian of documents or physical evidence shall not be counted
toward the 75 interrogatory limit.
If a party believes that additional interrogatories are necessary, he or she
should promptly consult with the party to whom the additional
interrogatories would be propounded and attempt to reach a written
stipulation as to a reasonable number of additional interrogatories. If a
written stipulation is reached, the stipulation and a proposed order
permitting the propounding of additional interrogatories should promptly
be served on all other parties and filed with the Court. If a stipulation
cannot be reached, the party seeking to serve additional interrogatories
may move the Court for permission to serve additional interrogatories.
The motion shall show the necessity for the relief requested.
All motions to compel discovery or production of documents pursuant to
the Wisconsin Statutes governing civil procedure, or any motion to serve
additional interrogatories must be accompanied by a statement in writing
by the movant that, after consultation in person or by telephone with the
opposing party and sincere attempts to resolve their differences, the
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parties are unable to reach an accord. The statement shall recite, in
addition, the date and place of such consultation and the names of all
parties participating therein.
E. ADJOURNMENTS
1. Permission Required
No adjournment of any proceeding will be granted without specific
permission of the Court. Requests to adjourn must be made to the Court
in writing, shall state the reason for the request for adjournment and shall
state whether the opposing party consents to adjourn. The requesting
party shall provide a copy of any such written request to all other parties
or, if represented, their attorneys. If no objection is filed within five days,
the Court may grant the requested adjournment, in its discretion, on that
basis alone. Any objection to adjournment must be provided to all other
parties or, if represented, their attorneys, and shall indicate on its face
that copies have been so provided.
2. Telephonic requests
Telephone requests for adjournments may be made only when the
adjournment is stipulated to by all parties. It is the responsibility of the
requesting party to arrange for a conference call by all parties with the
Court's judicial assistant.
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III. FAMILY COURT RULES
A. EX PARTE PRACTICE
1. Affidavit of Party, Fact Witness or Expert Witness Required
Motions for ex parte orders must be accompanied by one or more
affidavits of a party, lay witness, or expert witness based on facts of
record or alleged in proper affidavits justifying the issuance of the
proposed order. Affidavits of only attorneys are not sufficient.
2. Order Shortening Time for Notice of Hearing
The proposed ex parte order shall include an order shortening time for
notice, and if the order is granted, the court shall set the matter for
hearing within five business (5) days. The parties may agree to continue
the ex parte order and set a later hearing date.
B. TEMPORARY ORDERS HEARINGS
1. Preliminary Financial Disclosure and Other Required Preparation
Each party shall file a preliminary financial disclosure statement, with
attached documentation of income, on or before the date of the hearing,
on the court's standard form. If a party fails to file a preliminary financial
disclosure statement, the court commissioner may accept the other
party's financial statement, or continue the matter for further hearing, and
assess costs.
2. Submission of Orders
The findings and orders shall be submitted by assigned counsel within ten
(10) business days after the hearing or earlier if so directed by court.
C. PRE-TRIAL PRACTICE
1. Case Status Reports
If a party is represented by an attorney, the attorney shall file a Case
Status Report within 90 days of service of the summons and petition. The
court commissioner uses the Case Status Reports to enter pre-trial orders
regarding appraisals, mediation and custody and placement studies.
2. Pre-trial Conferences
If the parties are unrepresented, the circuit court commissioner will
schedule the parties for a pre-trial conference approximately 90 day after
the date of service. If one or both of the parties are represented and no
case status report is filed in accordance with the scheduling order, the
circuit court commissioner will schedule a pretrial conference.. If the
parties file a completed Marital Settlement Agreement prior to the
conference and the Marital Settlement Agreement is approved, the circuit
court commissioner may cancel the conference.
3. Appraisals
If parties cannot agree on property values, including real estate, personal
property and retirement accounts, the court may appoint an appraiser.
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The written appraisal shall be admitted into evidence without testimony by
the appraiser unless there is a timely objection.
4. Discovery Proceedings
Motions to compel discovery and for sanctions for failure to make
discovery are generally heard by the Circuit Court assigned to the case.
D. ADJOURNMENTS
1. Permission Required
No adjournment of any proceeding will be granted without specific
permission of the Court. Requests to adjourn must be made to the Court
in writing, shall state the reason for the request for adjournment and shall
state whether the opposing party consents to adjourn. The requesting
party shall provide a copy of any such written request to all other parties
or, if represented, their attorneys. If no objection is filed within five days,
the Court may grant the requested adjournment, in its discretion, on that
basis alone. Any objection to adjournment must be provided to all other
parties or, if represented, their attorneys, and shall indicate on its face
that copies have been so provided.
2. Telephonic requests
for adjournments may be made only when the adjournment is stipulated
to by all parties. It is the responsibility of the requesting party to arrange
for a conference call by all parties with the Court's judicial assistant.
E. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
1. Submitting to Court
In cases that are not contested and the parties are unrepresented, the
Findings of Fact, Conclusions of Law and Judgment shall be submitted to
the court at the time of the final hearing. In all other cases, the Findings
of Fact, Conclusions of Law and Judgment shall be submitted within 30
days of the date of the final hearing.
F. POST-JUDGMENT PRACTICE
1. Matters Generally Heard by the Circuit Court Commissioner
The circuit court commissioner usually hears all post judgment motions to
modify or enforce child support, family support, maintenance, legal
custody and physical placement.
2. Matters Generally Heard by the Assigned Circuit Judge
The circuit court judge hears proceedings for enforcement of orders
concerning division of property and debts and motions for relief from
judgment.
3. Contempt Proceedings
In actions for contempt not filed by the Child Support Agency, the notice
of thee right to an attorney shall be served with the pleadings. The Notice
of the Right to an Attorney form is available at the Clerk of Court’s office.
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G. GUARDIANS AD LITEM (GAL)
1. Guardian ad litem List
The court shall maintain a list of attorneys qualified and willing to accept
Guardian ad Litem appointments. Jefferson County uses a contract
system for many Guardian ad Litem appointments. While an attorney may
qualify for appointments made as exceptions to the Contract, no attorney
is guaranteed appointment as a result of being on the alternate list.
Appointments are made in the sole discretion of the Judge presiding.
2. Direct Payment by Parties
The orders shall require payment by the parties (or one party only, if the
other is indigent) directly to the GAL, at the appointed attorney's usual
and ordinary private billing rate. The standard deposit shall be $1,000,
subject to modification by the court. The court may order reasonable
increases or supplemental lump sum deposits if required by the needs of
the case. Unused deposits are subject to refund. If a party does not
comply with a payment order, the GAL may file enforcement proceedings.
3. County Payment when all Parties are Indigent
Indigence is presumed if a party is receiving any form of means-tested
public assistance, or has income not exceeding 185% of the federal
poverty standard. However, total economic circumstances shall be
considered in determining ability to pay. If all parties are indigent, GAL
fees and costs are payable by Jefferson County at the hourly rate
established by the court, subject to reimbursement as provided for in
§767.407(6) Wis. Stats. In the event that an order for payment by the
parties to the GAL directly, at the private rate, is later converted to an
order for county payment, the county rates shall apply to all services
(including past due charges for fees and costs) ordered paid by the
county subject to reimbursement as provided for in § 767.407(6) Wis.
Stats.
4. GAL Billing Practice
a) For Private Pay Cases: If the court orders payments made
directly to the GAL pursuant to 6.02 above, the GAL shall submit billing
statements directly to the parties at least once per quarter. When billing
the parties privately, the GAL shall comply with the provisions of Supreme
Court Rule 20:1.15 regarding disbursement of funds held in the GAL’s
trust account. Each billing statement shall include the following notice:
“Objection to a GAL bill must be in writing and filed with the court within
five (5) days of receipt. The objections must be itemized, corresponding
to the corresponding to the itemization in the billing statement and must
give specific reasons for each objection.” If an objection is timely filed,
the court shall set the matter for hearing.
b) For County Pay Cases: Non-contract GAL appointments: The
GAL shall submit a petition for payment quarterly and within 10 days
following the final hearing if the appointment is not continued. Petitions
may be made more than quarterly only if the total fees and costs exceed
$200.00. Each petition for payment shall include billing statement(s)
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containing the following information: case number and name; date(s) of
service; service provided and time spent. Every petition for payment shall
indicate whether it is an interim or final petition for payment. Every
petitioner shall include the following notice: “Objections to a GAL bill must
be in writing and filed with the court within five (5) days of receipt. The
objections must be itemized, corresponding to the itemization in the billing
statement and must give specific reasons for each objection.” The GAL
shall file a proposed order for payment with petition for payment. The
GAL shall sent a copy of the petition, billing statement and proposed
order to the parties. If an objection is timely filed, the court shall set the
matter for hearing. (Contract GAL’s shall follow the terms of the contract).
c) Costs: The GAL shall obtain court approval prior to incurring
substantial or uncommon costs or expenses. Costs and expenses that
are reimbursable: a. Retention of investigation or expert services,
including associated travel time and mileage; b. reasonable mileage at
the IRS rate. Reasonable mileage does not include mileage to and from
the courthouse; c. photocopy costs if the GAL incurs photocopy costs on
any one case that exceeds $5.00; d. long distance telephone calls in the
amount of $5.00 or more, all calls must be itemized and documented; e.
certified or express mail costs which must be accompanied by a receipt if
the total cost per mailing is $5.00 or more; f. transcript preparation fees;
g. service of process or witness fees; h. any other reasonable expenses
related to a case appointment.
d) Clerk of Courts Bookkeeping Reviews and Reports: The Clerk of
Courts shall maintain an annual record of family court GAL fees and costs
ordered paid by the county. In cases where parties have been ordered to
pay or reimburse the county, the clerk shall periodically review the record
of payments and report the results of such reviews to the Corporation
Counsel. In any case in which no orders requiring or waiving payment
have been made, the clerk shall so report to the court commissioner, who
shall then enter such payment orders as may appear appropriate from the
record or initiate proceedings for entry of payment orders.
H. LEGAL CUSTODY AND PHYSICAL PLACEMENT
1. Parent Education Program
In new actions for divorce and legal separation, with minor children and
paternity and support actions in which the parties do not reside in the
same household the court commissioner shall order the parties to
complete a parent education class.
2. Mental Health Evaluations or Assessments
If a party requests a mental health evaluation or assessment be
conducted at county expense:
a) The requesting party shall file a motion or stipulation with the
circuit court asking for an evaluation and assessment,
b) The motion or stipulation must address the reasons and need for
the proposed evaluation or assessment, the proposed evaluator, the
availability of the evaluator, and, if available,
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c) A letter agreement from the proposed provider stating the nature,
scope, purpose, cost and any other material terms upon which the
provider agrees to conduct the evaluation or assessment. In cases
requiring private payment, the proposed order shall specify the parties'
responsibility for payment, including any advance payment specified in
the provider's letter agreement. In indigence cases, if the order is granted
the GAL. is authorized to incur and include the proposed expense as a
cost in the GAL's next billing statement or the GAL may request payment
by the County directly to the evaluator.
3. Review of Family Court Services (FCS) File
Unless the FCS staff conducting a study is called to testify at a hearing
prior to trial, the FCS file is not subject to review by parties or counsel
until after the report has been filed.
4. Deposition of FCS Staff and Court Appointed Experts
The FCS staff or court appointed mental heath expert shall not be
deposed before they file a report. The attorney requesting the deposition
shall review the FCS file before the deposition. The party deposing the
FCS staff or a court appointed mental health expert shall pay the full cost
of such deposition including the fees, if any, of the mental health expert
being deposed, in advance if required by the witness. Such depositions
shall be limited to three hours, subject to additional time upon stipulation
or a motion with supporting affidavit showing need for additional time.
I. HEARING DE NOVO
1. In General
A party seeking review of a decision of the circuit court commissioner
shall file a motion within 20 days of the date the order is signed. The
motion shall identify the findings, orders or rulings the party wants
reviewed. The circuit court commissioner will review the motion and may
schedule the matter for a reconsideration hearing prior to routing to the
circuit court for a de novo hearing.
2. Waivers and Limitations of Right to Hearing De Novo
Court commissioner findings and orders entered by stipulation are not
subject to de novo hearing or de novo review. Court commissioner
findings entered by default are not subject to de novo hearing or review.
However, court commissioner orders entered by default are subject to de
novo review.
3. Order in Effect Pending De Novo Hearing or Reconsideration
Hearing
The court commissioner order remains in effect unless stayed or modified
by the commissioner or the judge prior to the new hearing.
J. MISCELLANEOUS MATTERS
1. Submitting Orders
All orders submitted to the court shall be approved as to form when
required by statute, otherwise submitted with a letter to the court asking
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the court to hold the order for five (5) business days to allow the other
party to object to the order.. Upon receipt of the signed order, the
submitting party shall promptly forward one to each non-electronic party.
2. Telephone Appearances
Status conferences and non-contested hearings may be conducted by
telephone, in the discretion of the presiding judge or commissioner.
The court may allow appearances by counsel and pro se parties for
motion hearings or final hearings for good cause shown, upon reasonable
notice of the request to other counsel and pro se parties. If the hearing
was scheduled by the Child Support Agency, an attorney or party seeking
permission to appear by phone must first seek the consent of the Child
Support Agency. If there is no agreement, the attorney or party may
request a ruling on the request by the presiding judge or commissioner.
3. Telephone Testimony
Telephone testimony of witnesses in contested matters shall not be
allowed except upon a stipulation or pursuant to §807.13 Wis. Stats. If
permitted to testify by telephone, the proponent of the testimony shall
provide all counsel and pro se parties complete and legible copies of any
documents or records upon which the witness is relying or to which the
witness will have access during the testimony.
4. Prohibited Ex Parte Communications
All attorneys shall comply with SCR 20:3.5. Attorneys, pro se parties,
relatives, potential witnesses or other private individuals, and county
agency personnel, shall not initiate or participate in ex parte
communications with circuit judges or the court commissioner regarding a
pending or impending action or proceeding, directly, through support staff
or other court personnel, or by mail or email, except as to scheduling and
administrative matters or for purposes of emergency ex parte
proceedings as authorized above or elsewhere by rule or statute.
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IV. PROBATE COURT RULES
A. JURISDICTION OF THE PROBATE COURT
1. Applicable Wisconsin Statutes
Probate actions under Chapters 851 through 879 Wis. Stats.
Guardianship and Protective Placement/Services actions under. Chapters
54 and 55 Wis. Stats., except some guardianships of the person for a
minor under Chapter 48 Wis. Stats.
Trusts Actions under Chapter 701 Wis. Stats.
Involuntary mental, drug, and alcohol commitments (civil commitments)
under Chapter 51 Wis. Stats.
Adult Adoptions under Chapter 882 Wis. Stats.
Elder Abuse Restraining Orders under § 813.123 Wis. Stats.
B. DOCUMENT PREPARATION
1. If any of the local rules in B 1.(a-d) are not complied with the
Register in Probate Office may refuse to receive and file them.
a) All papers submitted shall be typed or legibly handwritten;
b) All papers will be filed on 8½” by 11 inch” paper with the exception
of testamentary documents (wills, codicils, etc.) and printed on one side
only;
c) Uniform circuit court forms shall be used where available;
d) Where a proposed order is filed with the Court, it must be
presented as a separate document from any other documents pertaining
to the issue;
C. ESTATE MATTERS
1. Wills, codicils, and any other testamentary documents
a) Wills, codicils, and/or any other testamentary documents of a
decedent which will not be subject to any probate proceeding must be
filed and must be accompanied by an Affidavit of No Probate;
b) The Affidavit of No Probate MUST contain the following
information:
(1) Name of the decedent;
(2) Date of death of the decedent;
(3) Date of birth of the decedent;
(4) Date of the will, codicil, and/or any other testamentary
document;
(5) Address of the decedent at the time of his or her death,
this address shall include the city, town, or village and zip code;
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(6) How the petitioner is interested with the decedent; and
(7) The reason there is no reason to probate the will, codicil,
and/or other testamentary document.
2. Special Administrations
a) Sections 867.05 (5) and 867.07 through 867.21 Wis. Stats. will be
strictly interpreted by the Court.
b) A proof of heirship MUST be filed with all opening documents for
special administrations. The Judge, Court Commissioner, or the Register
in Probate may waive this requirement if good cause is shown.
c) The special administrator must file an inventory and pay the
statutory filing fee if they come into control of any assets. This
requirement will be waived if the special administration is converted to a
formal or informal administration.
d) A special administration will not be granted solely for the transfer
of assets to a revocable living trust, unless the total assets are equal to or
less than $50,000.00. If the total assets are greater than $50,000.00,
then an informal or formal administration MUST be initiated.
3. Summary Settlements and Summary Assignments
a) A proof of heirship MUST be filed with all opening documents for
summary settlement or summary assignment.
4. Hearing or Waiver of Hearing
a) A court hearing is not required when waivers are filed for all
interested parties;
b) Hearings may be held on notice or on waiver at the request of the
attorney for the estate, the personal representative, or by order of the
Probate Court.
5. Closing Estates
a) A final account is not required in an Informal Probate
Administration.
b) When a final account is not contested by any persons then
interested in the estate, swearing under oath by the personal
representative to the correctness and legality of the final account will
satisfy the court pursuant to § 862.15 Wis. Stats., without the
presentment of canceled checks or other proof of disbursements made.
c) A Wisconsin Closing Certificate for Fiduciaries must be filed with
the court prior to the closing of the estate, unless the court waives the
requirement upon the petition of the attorney for the estate or the
personal representative.
d) A Federal Estate Tax Closing Letter and a Wisconsin Certificate
Determining Estate Tax must be filed with the court prior to closing any
estate required to file a Federal Estate Tax Return.
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e) In an Informal Probate Administration the Personal
Representative’s Statement to Close Estate (state form PR-1816) will not
be accepted by the Register in Probate unless all other documents to
close the estate have been filed PRIOR TO OR AT THE SAME TIME as
the Personal Representative’s Statement to Close Estate, the Statement
shall be the final document filed.
6. Extensions of Time to Close Estates
a) All estates in Jefferson County shall be closed within fourteen (14)
months of the filing a Petition for Formal Administration or an Application
for Informal Administration.
(1) When an estate cannot be closed within the statutory or
prescribed time limits, a verified petition setting forth the reasons
for the request of an extension of time to close the estate must be
filed with the court. A proposed order must also be submitted.
The Court will determine if a hearing on notice is required or if the
court will grant or deny the petition without a hearing.
D. GUARDIANSHIP, CONSERVATORSHIP, AND PROTECTIVE
PLACEMENT
1. Interested Parties
In all privately filed petitions for guardianship and protective placement
the Jefferson County Corporation Counsel shall be an interested party.
2. Minor Guardianship
In addition to all the uniform court forms, the petitioner must file a
Jefferson County Minor Guardianship Questionnaire with the initial
petition for minor guardianship. The Questionnaire is available in the
Register in Probate Office.
3. Access to File
IN ADDITION TO the parties specified in §§ 54.75, 51.30, or 55.22 Wis.
Stats., the following parties may be granted access to the files:
a) Title Insurance and Abstract Companies, by their duly licensed
agents and representatives, may have limited access to information
contained guardianship files. Access is limited to records showing the
appointment or discharge of a guardian, inventories, annual accounts,
and proceedings regarding the sale, lease, exchange, or encumbrance of
real estate belonging to the ward;
b) Bonding companies, by their duly licensed agents and
representatives may have limited access to information contained in
guardianship files. Access is limited to records showing the appointment
or discharge of a guardian, inventories, and annual accounts;
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c) Facilities in which a ward resides, by their agents and
representatives may have limited access to information contained in
guardianship files. The facility must provide the Register in Probate a
written document explaining why they need the information. Access is
limited to records showing the appointment or discharge of a guardian.
d) Others may obtain access, subject to necessary limitations, by
court approval only;
In all cases, information shall be requested on proper letterhead and/or
with proper identification, and in no case shall information be provided
over the telephone.
4. Termination of a Guardianship
a) Upon the notification to the court of the death of a ward or upon
the ward reaching the age of eighteen (18), the Register in Probate shall
send a letter to the guardian informing them of the forms that the guardian
will need to complete and file to terminate the guardianship;
b) Upon receipt of the letter from the Register in Probate, the
guardian shall have thirty (30) days in which to complete and file the
forms necessary terminate the guardianship and have the guardian
discharged. If the guardian needs additional time to complete and file the
forms, then the guardians may request additional time from the Register
in Probate;
c) Ward now competent: A court hearing is required where an
incompetent has allegedly regained competency. A petition for discharge
of a guardian and an order and notice for hearing must be filed to initiate
the action. A competency report must also be submitted or requested to
substantiate the petition for termination. The Court may appoint a
guardian ad litem and an examining expert.
E. CIVIL COMMITMENT MATTERS
1. Appointment of GAL
a) The court shall appoint a guardian ad litem for all minors age
fourteen (14) and under subject to a civil commitment. The court, in its
discretion, may appoint a guardian ad litem for a minor over the age of
fourteen (14) at the probable cause hearing.
b) Any guardian ad litem appointed for a minor in a civil commitment
matter shall remain active in the case until the minor reaches the age of
fourteen (14), is discharged by the court, or the case concludes without a
petition for extension.
c) Any guardian ad litem appointed for a minor in a civil commitment
matter shall file a Statement of GAL (JD-1799) twenty-four (24) hours
prior to the final hearing.
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V. CRIMINAL COURT RULES
A. PRE-TRIAL CONFERENCES
Pre-trial conferences shall be conducted at the District Attorney's Office, room
225, on Wednesdays. Pre-trial conferences are not conducted in CT cases.
Unrepresented defendants shall appear in person. Defendants who are
represented by counsel shall either accompany their counsel or be available by
telephone at the time scheduled. Both parties shall be prepared to negotiate the
case to resolution. If a defendant does not appear in person or is not available
by phone at the scheduled pre-trial conference, then the case shall be called on
the following day's criminal intake calendar to determine whether a bench
warrant should issue.
B. MOTIONS
Pre-trial motions, including without limitation, motions to suppress evidence
under § 971.31(2), Wis. Stats.; Miranda-Goodchild motions under § 971.31(3),
Wis. Stats.; motions to introduce character or other acts evidence under §
904.04, Wis. Stats.; and motions to exclude or limit expert testimony under the
Daubert standard, must be filed and heard prior to the date of the Final
Status/Scheduling Conference. It is the responsibility of the moving party to
schedule the hearing on the motion and to provide at least five (5) business day
advance written notice to the other party. Brief motions in limine, which will take
fifteen (15) minutes or less, may be filed at or before the Final Status/Scheduling
Conference.
C. ADJOURNMENTS
Any request to change a scheduled hearing date or time must be preceded by-
and include a detailed description of-the efforts to obtain agreement from any
other party. All adjournment requests must indicate whether the Victim's Rights
Law has been complied with. If the party requesting the change fails to include
the required detailed description, the request will be considered summarily
denied and there will be no further action taken by the Court's Judicial Assistant
or the Court."
D. ATTORNEY OF RECORD
An attorney who represents a defendant shall file with the Court and the District
Attorney a notice of retainer or order appointing counsel as soon as practicable.
An attorney who intends to withdraw as counsel of record shall first file a written
motion and schedule the matter for hearing with notice to the Court, the State
and the defendant. Withdrawal and/or substitution by an attorney may be
accomplished by written stipulation if agreed to and signed by all attorneys, the
defendant, the State and approved by the Court.
E. HAZARDOUS PHYSICAL EVIDENCE
If a party intends to produce potentially hazardous physical evidence at a trial or
other hearing (e.g. biological specimens, objects which contain bodily fluids,
dangerous drugs, dangerous weapons), it shall be the responsibility of that party
to provide for the safe presentation, handling and storage of said evidence. This
rule requires that, without limitation by enumeration, said party make reasonable
and safe provision for any witnesses, attorneys or Court personnel who are likely
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to have physical contact with such potentially hazardous physical evidence.
Upon introduction of said evidence, management of exhibit(s) shall be the
responsibility of the clerk pursuant to local procedures.
F. PLEA HEARINGS
It is the responsibility of defense counsel to complete the Plea
Questionnaire/Wavier of Rights form (CR-227) with the defendant prior to the
scheduled time of the plea hearing. Defense counsel shall attach to the form a
copy of the Wisconsin Criminal Jury Instruction for any crime to which a plea will
be entered. For cases involving the following misdemeanor offenses, the local
court form (copies of which are available in the courtroom) listing the offense
elements and penalties may be used in lieu of a copy of the Wisconsin Criminal
Jury Instruction: OWI/PAC, Issuance of Worthless Check, Bail Jumping,
Obstructing, Carrying Concealed Weapon, Possession of THC, Drug
Paraphernalia, Disorderly Conduct, Battery, Criminal Damage to Property, Theft,
Retail Theft.
G. SANCTIONS
Violation of any rule is punishable at the court's discretion.
H. HUBER PRIVILEGES & COMMUNITY SERVICE WORK
BEING SATISFIED IN THE PREMISES, IT IS HEREBY ORDERED that when a
Circuit Court in Jefferson County sentences a defendant to imprisonment in the
county jail, and allows release on Huber privileges, those privileges include
community service work allowed under § 973.03(3), Wis. Stats. The defendant
earns good time at a rate of one day for each three days of work performed equal
to eight hours. This community service work may be performed for a public
agency or nonprofit charitable organization. This community service work option
must be agreed to by the defendant and the organization or agency. The
defendant must be provided a written statement of terms of the order. Only
prisoners eligible under § 973.03, Wis. Stats., and jail rules are eligible for the
community service option.
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VI. JUVENILE COURT RULES
Case Assignment is determined by the Jefferson County Judicial Case Assignment Plan.
A. CUSTODY HEARINGS
Custody status hearings are to be heard in the Branch with original jurisdiction
over the child/juvenile. However, if the court is unavailable within the time periods
required by statute, the custody status hearing is assigned to another judge or
magistrate within the civil/family/juvenile rotation.
B. LEGAL REPRESENTATION FOR MINORS
1. Jefferson County Guardian ad Litem (GAL)
A Jefferson County contract GAL is appointed by standing order in
Juvenile Court proceedings requiring a GAL for the child who is the
subject of the proceeding, in the following cases: Children alleged or
adjudicated in need of protection or services; juveniles alleged or
adjudicated in need of protection or services; involuntary terminations of
parental rights. The Jefferson County contract GAL is appointed by
standing order, unless the court designates a private attorney.
2. Notification of Appointment
Private Attorney Notifications: Upon the court's appointment of a private
attorney as adversary counsel or guardian ad litem, the Clerk of Court
shall notify the attorney appointed and process such order and consent
forms as may be required. The appointment is effective upon the
attorney's statement to the clerk that he or she accepts the appointment.
Such consent forms as are required shall be executed as soon thereafter
as practicable.
Jefferson County Contract Guardian ad Litem Notification: Notice and
effectuation of the appointment of the Jefferson County contract GAL
shall be by service of the pleadings and documents. Post efiling, upon
receiving a copy of thee Order Appointing GAL, pleadings and documents
will be available upon opt-in.
3. Termination of Appointments/Re-Appointments and Continuing
Appointments
Termination of Appointments: Unless otherwise extended, the
appointment shall terminate upon entry of the order concluding the court
proceeding initiated by the pleading which resulted in the GAL
appointment. If there is an appeal in which the Guardian Ad Litem
participates, the appointment shall terminate upon termination of the
appeal. A continuing appointment by virtue of out of home placement
shall terminate upon the legally effective date of a change in placement to
the home of a parent or by specific order of the court.
Re-Appointments: After termination of the appointment, re-appointment
for post-dispositional proceedings shall be as set forth as determined by
the court.
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Continuing Appointments: If an order provides for out of home
placement, the appointment may continue in the sole discretion of the
judge presiding in the case. If the appointment continues it shall be as
specifically stated by the court, while the order for out of home placement
remains in effect, for purposes specified by the court. The court may
appoint contract counsel or other counsel, in the court’s discretion in lieu
of the foregoing. A judge’s assignment/reassignment to the case
supersedes an attorney’s appointment in all instances.
Petition for Termination of Parental Rights by GAL: A GAL shall petition
the court for permission to file a Petition for Termination of Parental
Rights.
4. Documents to be Served
The following shall be served upon the GAL: copies of all pleadings
resulting in the appointment of a GAL, all documents filed with such
pleadings, and for pleadings filed by or at the request of the Human
Services Department, the records upon which the Department specifically
relies in making the request or filing the pleading.
5. Special Costs Incurred by Court Appointed Attorneys/GAL
Except for examination pursuant to §48.295 Wis. Stats., if a court
appointed attorney/GAL wishes to utilize an expert witness or otherwise
incur an unusual expense, including but not limited to depositions, unless
the expense is otherwise provided or previously authorized, the following
rules and procedures shall be followed:
Request for Fees: The attorney/GAL seeking to incur such expenses
shall submit a request either orally in court or by motion and affidavit,
stating the purpose and amount of the expense, and the hourly rate of the
expert, if any.
Court's Ruling: The court may rule on the request at the hearing at which
it is made, or, if the request is by motion and affidavit, without hearing
unless the court determines that a hearing on the issue is appropriate.
However, the sole purpose of such hearing is the court's supervision and
administration of the costs of the court appointed legal representation. All
parties and counsel of record are entitled to notice and attendance at
such hearing. Attendance of parties and counsel may be waived.
Expert Fees: Fees for psychiatrists, psychologists, social workers and
court reporters, including travel expenses, shall be reimbursable within
the limits set by the Jefferson County Circuit Court from time to time, or
as otherwise determined by the judge in the individual case.
C. SCHEDULING OF HEARINGS
1. Plea Hearings and Pre-Trial Conferences
When a petition is contested, a pre-trial conference date will be
scheduled. Pre-trial conferences will be conducted at the District
Attorney's Office.
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2. Deferred Prosecution/Consent Decree Hearings
In the event that all parties agree to resolve a case by Deferred
Prosecution or Consent Decree, a date will then be scheduled for hearing
on the Deferred Prosecution/Consent Decree. This date will normally be
the same date as the fact finding hearing date, if one has been
scheduled. The District Attorney's Office will inform the court that a
Deferred Prosecution/Consent Decree hearing should be scheduled. All
parties are required to appear at the Deferred Prosecution/Consent
Decree hearing. If the court determines that a Deferred
Prosecution/Consent Decree is not appropriate, then the court will
reschedule a fact finding hearing or other appropriate hearing. Nothing in
this section shall be construed to prohibit any party from moving the court
to revoke, modify or extend the Deferred Prosecution/Consent Decree as
provided by Chapters 48 and 938, Wis. Stats.
3. Pre-Hearing Practice
All attorneys of record shall communicate with each other and the Judicial
Assistant as soon as practical regarding the amount of time needed for a
hearing.
4. Waiver Hearing Time Limits
Time requirements applicable to plea hearings on delinquency petitions
shall apply to initial appearance hearings on waiver petitions.
D. DISPOSITION
1. Court Report
The department shall prepare a written report for use at all hearings on
disposition and shall file this report with the Clerk of Court and shall also
deliver copies of said report to the District Attorney's office, the child, the
child's parents, the GAL, and counsel of record. All copies are to be
filed/delivered no later than 2 working days prior to the hearing.
2. Waiver of Court Report
All parties may waive their right to a formal written court report if the
disposition recommendation does not include an out of home placement,
including children presently placed out of their home by a previous
dispositional order. The case will then proceed to short form/oral
disposition.
3. Contents
In addition to the requirements of and §§ 48.33 and 938.33 Wis. Stats.,
written and oral court reports shall include copies of previous Jefferson
County dispositional orders.
4. Payment Responsibility
The social worker will recommend who is to be responsible for payment
of a resource or service that the social worker recommends in any court
report. It will be the responsibility of other parties, e.g., child or parent's
attorney, to clarify payment issues for resources that they recommend
independent of the social worker. It may not be assumed that the funding
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is available through the Dept. of Human Services, the court or the county,
for payment of services ordered by the Juvenile Court.
E. TERMINATION OF PARENTAL RIGHTS
1. GAL deposit
Pursuant to § 48.41 Wis. Stats., private petitioners will pay a $250 non-
refundable guardian ad litem deposit at the time of filing. If the fees of a
private GAL exceed the amount of the deposit, the court will make an
order for reimbursement at the final hearing.
2. Written Notice to Parents
Upon making an order for termination of parental rights, the court shall
provide the parent or parents whose rights are terminated, if present in
the courtroom, with a copy of § 48.432 and § 48.433 Wis. Stats., relative
to those provisions. The attorney for the petitioner shall provide any such
parent not present in court at the time the order is made with such copies
at his or her last known address by regular first class mail, together with a
copy of the order.
