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Vol. 72, No. 12, December 1999 |
Practice Tips
Court Orders Use of
Standard Court Forms
The mandatory use of standard court forms in circuit court
becomes a matter of law effective Jan. 1, 2000, in criminal and
juvenile cases, and July 1, 2000, in civil cases.
By David H. Nispel
Wisconsin Supreme Court Order
98-01, filed Oct. 5, 1999, requiring the use of standard
court forms, likely will affect nearly everyone who is involved
in Wisconsin's legal system. Proponents view this requirement
as a necessary step forward, while opponents view it as a short-sighted
step backward.
What the Order Provides
Supreme Court Order 98-01 creates section
758.18 of the Wisconsin Statutes, which takes effect on Jan.
1, 2000. That section provides that the Judicial Conference "shall
adopt standard forms for use by parties and court officials in
all civil and criminal actions and proceedings in the circuit
court."
The order also creates sections 971.025 and 807.001. Section
971.025 requires that all parties and court officials use
standard court forms adopted by the Judicial Conference in all
criminal actions and proceedings and in all actions and proceedings
under Chapter
48 (Children's Code) and Chapter
938 (Juvenile Justice Code) in circuit court. Section
807.001 requires that all parties and court officials use
the standard court forms adopted by the Judicial Conference in
all civil actions and proceedings in circuit court.
The new criminal and civil statute sections include three
other critical provisions. First, a party or court official is
permitted to supplement the standard court form with additional
material. Second, a court "may not dismiss a case, refuse
a filing or strike a pleading for failure of a party to use a
standard court form or to follow the format rules but shall require
the party to submit, within 10 days, a corrected form and may
impose statutory fees or costs or both." Third, a party
or court official may use "a format consistent with any
statutory or court requirement for the action or proceeding,"
if the Judicial Conference does not create a standard court form
for a particular action or proceeding involving the party or
court official.
Order 98-01 also creates Supreme Court Rule
70.153. This rule provides that the Records Management Committee
(RMC), an advisory committee to the Director of State Courts
Office, shall develop the standard court forms that the Judicial
Conference is required to adopt under section 758.18.
Subsection (4) of SCR 70.153 establishes a distribution, review,
and objection process for forms. That subsection directs the
RMC to "distribute or make a copy of the form available
to the clerks of circuit court, the circuit court judges, the
State Bar of Wisconsin and other persons who are required to
use the form." No later than 90 days after the distribution
of the standard court form, "an interested person may file
with the records management committee a written objection to
the mandatory use of the form, to the content of the form or
to both the use and content." Order 98-01 does not define
"interested person."
The rule further requires the RMC to respond to the person
filing the objection "in writing within 90 days after receipt
of the objection." Within 30 days after receiving the RMC's
response, the person who filed the objection "may file with
the clerk of the supreme court a petition for review of the decision
of the records management committee." Finally, the Wisconsin
Supreme Court may seek a response from the RMC and make a determination
on the matter.
Forms Availability
Attorneys and others who will use the standard court forms
have several options available to them. SCR
70.153 requires the Records Management Committee to distribute
or make copies of standard court forms available to the clerks
of circuit court, the circuit court judges, the State Bar of
Wisconsin, and "other persons who are required to use the
form." Registers in probate and juvenile clerks also will
have the forms in their offices. Forms used in criminal and juvenile
cases will be available by Jan. 1. Forms used in civil cases
will be available by July 1.
The forms also will be available in Word® and PDF format
on the supreme
court Web site and the State Bar of Wisconsin
Web site. The accompanying sidebar discusses how to use the
indexes to the forms on the state's Web site. Attorneys
and others will be able to download and save the forms to their
own computers. Users can then complete the forms on their computers
as necessary for the particular action or proceeding, save them,
print them out, and submit the paper document to the appropriate
court. The forms may not be filed electronically.
Existing Court Forms
The court forms that already were adopted by the Judicial
Conference prior to Order 98-01 are included in the forms required
under sections 971.025
and 807.001.
The existing forms are used in criminal, civil, traffic, family,
juvenile, and small claims actions, and for various general court
matters. Some of the forms are for the internal use of the courts
and associated personnel; others for use by pro se litigants;
and still others are used in civil and criminal actions where
parties are represented by counsel.
For many years, the Wisconsin Statutes have required the use
of certain forms in probate matters. In addition, hundreds of
other forms currently are in use. Among those forms are the following:
- General: Notice of Hearing; Order for Change of Venue;
Satisfaction of Judgment; Arrest-Bench Warrant/Capias.
- Criminal: Criminal Court Record; Judgment of Conviction
and Sentence to the County Jail/Fine/Forfeiture; Plea Questionnaire,
Waiver of Rights, Appeal Rights; Judgment of Bail/Bond Forfeiture.
- Traffic: Traffic Court Record; Default Judgment; Minutes
- Traffic or Forfeiture.
- Civil: Injunction (Domestic Abuse); Order for Restitution;
Earnings Garnishment - Debtor's Answer; Petition to
Return Firearms.
- Small Claims: Summons and Complaint - Small Claims;
Judgment - Small Claims; Writ of Restitution.
- Family: Petition, Stipulation and Order Amending Judgment
Affecting Family; Order to Establish Account and Authorize Transfers.
- Juvenile: Injunction (Child Abuse).
The Development of Order 98-01
In April 1998 the Director of State Courts filed a petition
with the Wisconsin Supreme Court seeking the creation of rules
of civil and criminal procedure that would require the Judicial
Conference to develop standard court forms for mandatory use
in civil and criminal actions in the circuit court, and any other
court as the supreme court or Legislature may direct. An amended
petition was filed in June 1998 proposing that the new rules
pertain to "any court official" as well as any party.
The Wisconsin Supreme Court considered the amended petition
and arguments from various groups supporting and opposing the
proposal. The State Bar of Wisconsin was afforded the opportunity
to review existing forms and comment on those forms and the proposed
order.
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