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.
Creation
and Use of Forms in the Circuit Court
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
Staffing
Standards for Courts
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
Venue
in Prisoner Cases
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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