Legal News & Trends
Circuit court forms become mandatory in 2000,
available online now
Wisconsin Supreme Court Order 98-01
makes many court forms approved by the Records Management Committee
(RMC) mandatory in Wisconsin circuit court proceedings. Most
of these forms already are in use statewide. These standardized
forms must be used in criminal and juvenile court starting Jan.
1, 2000, and in civil court starting July 1, 2000. While failure
to use a mandatory form would not constitute cause to dismiss
a case, refuse a filing, or strike a pleading, the party would
be required to submit a corrected form, and the court could impose
statutory fees or costs.
The forms are available from all clerks of circuit court,
registers in probate, and juvenile clerks. With the exception
of probate, the forms also are available online on WisBar.
For more information on the mandatory use of these forms,
watch for an article in the December Wisconsin Lawyer.
The RMC led the drive towards mandatory forms with a petition
filed in June 1998. Members of the RMC say that standard forms
eliminate the use of obsolete or incorrect forms, and ensure
that the increasing number of pro se litigants are properly served.
The State Bar has opposed the mandatory use of forms by noncourt
personnel. At a public hearing in September 1998, William Mulligan
appeared on behalf of the Bar, stating that the proposed rule
would encourage the legally untrained to prepare and file documents
with the courts without an understanding of the legal consequences.
For more information, contact RMC members James
Fullin; or Christine Olsen;
or Hon. John
Murphy, chair of the RMC.
Supreme court, State Bar seek comment on lawyer discipline
system
As debate over the Board of Attorneys Professional Responsibility
(BAPR) continues, both the Wisconsin Supreme Court and the State
Bar are requesting input from interested parties regarding BAPR
- which is the supreme court agency that regulates lawyer
discipline in Wisconsin - and lawyer discipline in general.
Supreme Court Order 99-03, issued
Oct. 1, calls for comments on 12 issues raised by the supreme
court in its review and study of BAPR.
The court will accept written comment on any one of the 12
issues, or any issue related to the lawyer regulation and discipline
system. File eight copies of comments with the clerk of the
supreme court at 110 E. Main St., Room 215, Madison, WI 53703,
by Jan. 4, 2000.
The State Bar's newly formed BAPR Structure Committee,
cochaired by President-elect Gary Bakke and Executive Committee
member Burneatta Bridge, also is interested in input regarding
BAPR and lawyer discipline. Written comments can be mailed,
emailed, or faxed to George
Brown at the State Bar, P.O. Box 7158, Madison, WI 53707-7158;
fax: (608) 257-5502.
Judicial Conference seeks comment on proposed amendments
to Federal Rules of Practice and Procedure
The Judicial Conference's Advisory Committees on the
Bankruptcy Rules and Civil Rules are seeking public comment on
proposed rule amendments. Major aspects of the proposed amendments
include:
Proposed amendments to the Federal Rules of Bankruptcy
Procedure
Rule 1007 - Requires a debtor to include in the
list of creditors and schedules the name, address, and legal
relationship of any representative upon whom process would be
served in an adversary proceeding against a creditor who the
debtor knows is an infant or incompetent person.
Rule 2002(c) - Ensures that a party entitled to
notice of a hearing on confirmation of a plan is given adequate
notice of any injunction included in the plan that would enjoin
conduct not otherwise enjoined by the Bankruptcy Code.
Rule 2002(g) - Clarifies that when a creditor
or indenture trustee files a proof of claim which includes a
mailing address and a separate request designating a different
mailing address, the last paper filed determines the proper address,
and a request designating a mailing address is effective only
with respect to a particular case.
Rule 3016 - Ensures that entities whose conduct
would be enjoined under a plan, rather than by the Bankruptcy
Code, are given adequate notice of the proposed injunction by
specific and conspicuous language in the plan and disclosure
statements.
Rule 3017 - Ensures that entities whose conduct
would be enjoined under a plan - but who would not ordinarily
receive copies of the plan and disclosure statement or information
regarding the confirmation hearing because they are neither creditors
nor equity security holders - are provided with adequate
notice of the proposed injunction, the confirmation hearing,
and the deadline for objecting to confirmation of the plan.
Rule 3020- Requires notice in an order of confirmation
to an entity subject to an injunction provided for in a plan
against conduct not otherwise enjoined by the Bankruptcy Code.
Rule 9006(f) - Provides an additional three days
to act when a party is served by mail. Expands the three-day
rule to apply to any method of service, other than service by
personal delivery - including service by electronic means
authorized under proposed amendments to Civil Rule 5(b).
Rule 9020 - Deletes provisions that delay for
10 days the effectiveness of an order of civil contempt issued
by a bankruptcy judge and renders the order subject to de novo
review by the district court.
Rule 9022(a) - Permits, under a local rule, the
clerk to serve notice of entry of a judgment or order of a bankruptcy
judge by any method of service, including service by electronic
means, permitted under the proposed amendments to Civil Rule
5(b).
Proposed amendments to the Federal Rules of Civil Procedure
Rule 5(b) - Authorizes service by electronic means
or any other means not listed in Rule 5(b)(2)(A-C), but only
if consent is obtained from the person served.
The committee also seeks comment on whether Rule 6(e) should
be amended to extend the three-day rule to electronic service.
Rule 65 - Adds a new subdivision (f) that explicitly
brings copyright impoundment procedures within Rule 65 injunction
procedures.
Rule 77(d) - Permits, under a local rule, the
clerk of court to give notice of the entry of an order or judgment
by any means authorized by Rule 5(b).
Rule 81 - Conforms with the proposed abrogation
of the Copyright Rules of Practice.
The Copyright Rules of Practice are abrogated. The abrogation
of the rules and the procedures proposed under amendments to
Civil Rules 65 and 81 are consistent with current practices of
the courts. The proposed changes would eliminate the concerns
that the rules may be invalid and will help ensure that the impoundment
procedures necessary to police copyright infringements are in
compliance with international standards.
The full text of the proposed rules amendments and explanatory
committee notes are available
online and also may be requested from the secretary to the
Rules Committee at the address below.
Public hearings are scheduled in Washington, D.C.: bankruptcy
rules, Jan. 18, 2000; civil rules, Jan. 20, 2000. Those wishing
to testify should write to the secretary at least 30 days before
the hearing. All written comments are due by Feb. 15, 2000, and
should be mailed to: Peter G. McCabe, Secretary, Committee on
Rules of Practice and Procedure of the Judicial Conference of
the United States, Thurgood Marshall Federal Judiciary Building,
Washington, DC 20544.
Comments on the amendments also may be made online.
- Karlé Lester
![On the Web...](/wislawmag/grafix/ontheweb.gif)
Web site provides instant circuit court info
Save hours of courthouse research by locating circuit court
information online with Wisconsin
Circuit Court Access (WCCA). WCCA was recently developed
as part of the Circuit Court Automation Program (CCAP), which
has automated many of the labor-intensive and paper-based processes
in county trial courts through computerized case, jury, and financial
management.
WCCA provides Wisconsin circuit court information via the
Internet and can be accessed via WisBar.
WCCA users can perform general searches for criminal, traffic,
forfeiture, family, and civil cases; perform searches for docketed
civil judgment; and generate reports including court, attorney,
and issuing agency calendars. The general case search offers
several search options, including by case number, party name,
filing date, county, and prosecuting attorney.
However, information on all types of cases in every county
is not available: Outagamie and Walworth counties do not use
the CCAP system; only probate case information currently is available
for Portage, Ozaukee, and Wood counties; and Milwaukee County
has data available for all cases except probate.
"The CCAP site provides instant background information
on almost anyone who has been involved in the Wisconsin court
system," says Paul Bargren, an attorney with Foley &
Lardner in Milwaukee. "It also provides an instant status
report on pending cases. It can save hours of time."
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