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

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."