Iowa County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Page & Word Limits2 rules
Briefs of a party or guardian ad litem in civil and administrative review cases will be limited in length to 40 pages if typeset, 50 pages if typewritten, or 20,000 words if printed by other means, unless otherwise ordered by the Court. Reply briefs and briefs by non-parties shall be limited in length to 10 pages if typeset, 13 pages if typewritten or 4,000 words if printed by other means, unless otherwise ordered by the Court.
The document does not exceed six (6) pages in length, excluding cover sheet.
- Page limit
- Up to 6 pages
Document Format Requirements3 rules
When filing required for reimbursement you must break down the request in 10-minute segments.
The affidavit of printing required by Sec. 895.12 Wis. Stats. may be satisfied by affixing an electronic or machine copy of the Notice as published to the affidavit and affixing an original sworn signature.
If permission is requested, it must be in written form and presented to the Court.
Document Filing Requirements13 rules
Court-appointed attorneys in criminal actions must file final billing statements for all fees incurred.
Court's wording
In all criminal actions in which an attorney has been appointed to represent the defendant by the Court, that attorney shall file final billing statements with the Court for all fees incurred within thirty (30) days after sentencing.
Claims for relief from payment order would be made in writing and accompanied by a financial statement.
A party claiming low income or indigent status shall serve on the court and parties a request for relief from the payment policy and a financial statement.
The moving party or petitioner shall submit an order appointing a GAL in conformance with the policy, along with any proposed liens and/or wage assignments.
All persons released by a law enforcement agency with or without the posting of cash bail shall be required to execute a Bail/Bond Form CR-203, as may be revised from time to time.
The report shall include the present address of the ward and guardian, the school district the ward attends, and the general physical and mental health of the ward.
In actions of foreclosure, credit card collections and money judgments the court requires plaintiff to inform defendant that mediation or Alternative Dispute Resolution (ADR) procedures (cited above) may be requested by either party.
Upon conclusion of the case, a complete, itemized petition and order to the court shall be submitted within 30 days of the Judgment of Conviction or Dismissal Order.
Before a R.A.C.C. Belt is used in the courtroom, the listed forms must be completed and on file.
Court's wording
Prior to use of a R.A.C.C. Belt in the courtroom, the following forms shall be completed and on file: a. Nova Remotely Activated Custody Control Belt III; b. Detainee Notification; and c. Medical Clearance.
A copy of the Media Request for Cameras in the Courtroom form, indicating the time of notification, must be placed in the file.
Court's wording
The clerk of secretary of the judicial officer conducting the hearing or trial shall make diligent effort to notify the attorneys and any unrepresented parties by telephone as soon as reasonably possible of the notice, and place a copy of the Media Request for Cameras in the Courtroom form in to the file indicating the time of doing so.
Law clerk memoranda are judicial work product. All such memoranda will be prefaced with a clear and express statement identifying them as “judicial work product” and said memoranda shall remain confidential.
- Document
- Law clerk memorandum
Must include
- •“judicial work product”
The following language shall be included on all summons, small claims trial notices, warrants, subpoenas and jury questionnaire and summons: “If you require the assistance of auxiliary aids or services because of a disability, call (608) 935-0399 or (TDD (608) 935-????) and ask for the Court ADA Coordinator.”
A telephonic appearance requires a written request and Court approval.
Court's wording
Due to the inadequacies of the Iowa County telephone system and the increased constraints a telephonic hearing places on the Court, the parties and the court staff, telephonic appearances will only be allowed in the Iowa County Circuit Court upon receipt of a written request to appear telephonically and upon Court approval.
Filing & Service rules
Electronic Filing Rules
Pleadings and correspondence may not be emailed to the identified court officials or staff without express case-specific permission; documents intended for filing must be submitted to the Clerk, and correspondence must be in writing except for daily business between the District Attorney’s and Clerk of Court’s offices.
Except by express permission on a case-by-case basis, no person shall submit any pleading or correspondence to a Circuit Court Judge, Court Commissioner, Clerk of Circuit Court, Register in Probate, or his or her staff through electronic mail (e-mail). Documents intended for filing must be submitted to the Clerk of Circuit Court, as required by Wis. Stats. 801.16(1). All correspondence shall be made in writing, with the exception of daily business operations between the District Attorney’s office and the Clerk of Court’s office.
Page 14 | RE: E-MAIL TRANSMISSION OF DOCUMENTS TO THE COURT (AMENDED)
Facsimile filings are accepted only if the stated court and clerk equipment, length, and fee conditions are met, although the court may make individual exceptions.
Facsimile documents transmitted to the courts will be accepted for filing only if: a. The Court has a facsimile machine capable of reproducing documents that meet the SCR 72.01 concerning retention of filed documents. b. The Clerk of Court or Register of Probate as a facsimile machine physically located within the offices of the aforementioned. c. The document does not exceed six (6) pages in length, excluding cover sheet. d. No filing fees is required for said document. e. No additional fee or charge to be paid by the Clerk of Court or Register of Probate for acceptance of the filing. The court may make exceptions to this rule on an individual basis.
Page 15 | Facsimile Rules
Filing Timing and Cure Windows
In all criminal actions in which an attorney has been appointed to represent the defendant by the Court, that attorney shall file final billing statements with the Court for all fees incurred within thirty (30) days after sentencing. Any statements received by the Court after the thirty days has passed, will not be paid by Iowa County and will be returned to the attorney for collection directly from the defendant.
In all criminal actions in which an attorney has been appointed to represent the defendant by the Court, that attorney shall file final billing statements with the Court for all fees incurred within thirty (30) days after sentencing. Any statements received by the Court after the thirty days has passed, will not be paid by Iowa County and will be returned to the attorney for collection directly from the defendant.
Page 7 | PAYMENT OF DEAN APPOINTMENT BILLS
A minor’s guardian must file an annual report with the Iowa County Probate Court by April 15 each year.
In any minor guardianship action filed in Iowa County , it shall be required that the guardian of the person of a minor shall file an annual report with the Iowa County Probate Court on or before the 15th of April each year.
Page 12 | ACCOUNTS FOR MINOR GUARDIANSHIPS
The billing submission is due within 30 days of the Judgment of Conviction or Dismissal Order; late billing will prevent the order from being signed.
Upon conclusion of the case, a complete, itemized petition and order to the court shall be submitted within 30 days of the Judgment of Conviction or Dismissal Order. Failure to submit billing within 30 days will disallow signing of the order.
Page 15 | Policies and Instructions for Appointed Counsel
Use of the ADR procedure may extend the responsive-pleading deadline until the applicability of a settlement alternative is determined.
Use of the ADR procedure may extend the time for filing a responsive pleading until the applicability of a settlement alternative is determined.
Page 13
The circuit court, judge, and clerk are not responsible for transmission errors or failures, including missing or illegible documents and periods when the court’s fax machine is not operational.
The circuit court, judge or clerk is not responsible for errors or failure in transmissions that may result in missing or illegible documents or periods when a circuit court facsimile machine is not operational for any reason.
Page 15 | Facsimile Rules
Service and Proof of Service Rules
A GAL must send the parties monthly fee statements.
A GAL shall send the parties monthly fee statements.
Page 10 | GUARDIAN AD LITEM PAYMENT GUIDELINES — III. Mechanics
The request for relief and financial statement must be served on the court and the parties.
A party claiming low income or indigent status shall serve on the court and parties a request for relief from the payment policy and a financial statement.
Page 10 | GUARDIAN AD LITEM PAYMENT GUIDELINES — III. Mechanics
The juvenile clerk must send Consent Decrees, Dispositional Orders, and Extension Orders to the school district where the child or juvenile attends school.
It is hereby ordered that the juvenile clerk shall send all Consent Decrees, Dispositional Orders and Extension Orders in juvenile matters to the school district where the child/juvenile attends school.
Page 10 | JUVENILE ORDERS
In foreclosure actions, the plaintiff must determine who occupies the real estate and notify occupants other than the defendant of the pending foreclosure.
In foreclosure actions, plaintiff shall determine whether and by whom the subject real estate is occupied and, if occupied by persons other than the defendant, plaintiff shall give notice of the pending action to foreclose to the occupants.
Page 13
Appointed counsel must mail the client copies of all bills, petitions, and orders.
Counsel shall mail copies of all bills, petitions, orders to their client.
Page 15 | Policies and Instructions for Appointed Counsel
Small claims pleadings may be served by certified mail under the cited Wisconsin statutes.
Certified mail service of small claims pleadings has long been an accepted and approved procedure in Iowa County, Wisconsin. This will affirm the procedures as provided by small claims statutory authority and specifically allow service by mail pursuant to Section 799.12(2) and (3) Wisconsin Statutes.
Page 12 | SMALL CLAIMS SERVICE
Filing Fees and Waivers
All docket fees in juvenile judgments are to be waived.
That being the case, the Iowa County Clerk of Circuit Court will be directed to waive all docket fees in juvenile judgments.
Page 8 | DOCKETING OF JUDGMENT FOR UNPAID RESTITUTION/FORFEITURES IN JUVENILE ACTIONS
A party requesting to reopen a civil traffic or forfeiture action must pay a $50.00 filing fee.
Effective immediately, any party requesting to re-open a civil traffic or forfeiture action is required to pay a $50.00 filing fee.
Page 9 | COSTS FOR RE-OPENING TRAFFIC & FORFEITURE ACTIONS
In worthless-check cases filed as criminal misdemeanors and amended to county ordinance violations, the defendant must reimburse Iowa County for service fees.
In worthless check cases filed as criminal misdemeanors, the defendant is required to reimburse Iowa County for any service fees. This is only on cases that are amended to county ordinance violations.
Page 13 | RE: WORTHLESS CHECK CASES AMENDED TO COUNTY ORDINANCE VIOLATIONS
If guardian ad litem fees exceed $300, the Court must hold a hearing to determine how the additional fees will be repaid to Iowa County.
If the guardian ad litem fees are over $300, the Court shall conduct a hearing to see how the additional fees will be repaid to Iowa County.
Page 13 | RE: APPOINTMENT OF GUARDIAN AD LITEM AND PAYMENT OF FEES IN JUVENILE GUARDIANSHIP CASES AND TERMINATION OF PARENTAL RIGHTS CASES
The petitioning party must pay the Iowa County Juvenile Clerk $300 in advance for guardian ad litem fees unless the Court orders otherwise.
IT IS HEREBY ORDERED that petitioning party shall pay to the Iowa County Juvenile Clerk $300 as an advance payment for the guardian ad litem fees, unless otherwise ordered by the Court.
Page 13 | RE: APPOINTMENT OF GUARDIAN AD LITEM AND PAYMENT OF FEES IN JUVENILE GUARDIANSHIP CASES AND TERMINATION OF PARENTAL RIGHTS CASES
If guardian ad litem fees are less than $300, the clerk must check for other amounts owed to Iowa County, apply the remaining fees to any outstanding amounts, and return any balance to the payor.
If the guardian ad litem fees are less than $300, the clerk is directed to verify the payor does not owe any other fees to Iowa County. If the payor owes Iowa County Circuit Court for any other fees, the remaining fees will be used to pay said outstanding fees. Any remaining balance will be returned to the payor.
Page 13 | RE: APPOINTMENT OF GUARDIAN AD LITEM AND PAYMENT OF FEES IN JUVENILE GUARDIANSHIP CASES AND TERMINATION OF PARENTAL RIGHTS CASES
The Iowa County Circuit Court allows parties 30 days to pay a fine/forfeiture in traffic matters, and costs in criminal matters, as well as guardian ad litem and mediation fees in family actions. As a natural course of business, all case types are given 30 days to pay.
The Iowa County Circuit Court allows parties 30 days to pay a fine/forfeiture in traffic matters, and costs in criminal matters, as well as guardian ad litem and mediation fees in family actions. As a natural course of business, all case types are given 30 days to pay.
Page 14 | RE: COLLECTION OF FEES IN ALL CASE TYPES
The court has discretion to allow a filing fee on a motion.
According to Section 814.07, the court has the discretion to allow a filing fee on a motion.
Page 9 | COSTS FOR RE-OPENING TRAFFIC & FORFEITURE ACTIONS
No filing fee is required for a facsimile document, and the Clerk of Court or Register of Probate may not be charged an additional acceptance fee.
No filing fees is required for said document. e. No additional fee or charge to be paid by the Clerk of Court or Register of Probate for acceptance of the filing.
Page 15 | Facsimile Rules
Chambers Communication Rules
For a requested jury trial in an Iowa County action, counsel must notify the Court in writing at least 5 working days before trial whether it will proceed as scheduled.
In any action filed in Iowa County where a jury trial has been requested, Counselor for the parties shall notify the Court in writing at least 5 working days prior to the jury trial date whether or not the jury trial will proceed on the scheduled date.
Page 9 | JURY TRIALS
When fees reach $1,000, the GAL must send a statement to the court and may request an interim payment.
When fees reach the level of $1,000, the GAL shall send a statement to the court and may request an interim payment.
Page 10 | GUARDIAN AD LITEM PAYMENT GUIDELINES — III. Mechanics
A GAL whose bill will exceed $2,000 must notify the court and parties before 25 billable hours or when the case is set for a final hearing, whichever occurs earlier.
Any GAL whose bill will exceed $2,000 shall notify the court and parties before they have spend 25 billable hours on the case, or when the case is set for a final hearing, whichever occurs earlier.
Page 10 | GUARDIAN AD LITEM PAYMENT GUIDELINES — III. Mechanics
Appointed counsel must obtain the Court’s prior approval for experts, investigators, computer-assisted research, specified travel, and any other expense over $50.
Prior approval of the Court is required for the following: use of experts, use of investigators, computer assisted research, travel – by attorney, expert or investigator, any other expense greater than $50.00.
Page 15 | Policies and Instructions for Appointed Counsel
A party seeking to close a proceeding that must be open to the public must notify the Court and media coordinator 72 hours before the hearing, if possible.
A party moving to close any proceeding that is required by law to be open to the public, must provide notice to the Court and the media coordinator 72 hours prior to the hearing, if possible.
Page 16 | Rules of Media Coverage in Iowa County
The judicial officer’s clerk or secretary must make a diligent effort to telephone attorneys and unrepresented parties about the notice as soon as reasonably possible, and file a copy of the camera request form showing when the notification was made.
The clerk of secretary of the judicial officer conducting the hearing or trial shall make diligent effort to notify the attorneys and any unrepresented parties by telephone as soon as reasonably possible of the notice, and place a copy of the Media Request for Cameras in the Courtroom form in to the file indicating the time of doing so.
Page 5 | CAMERAS IN THE COURTROOM
Each media organization must provide its own notice; one organization’s notice does not cover other media representatives.
Each media organization must provide an individual notice; one notice shall not suffice for all other media representatives.
Page 5 | CAMERAS IN THE COURTROOM
A party moving to close to the news media any judicial proceeding required by law to be public, should be closed to the news media, must notice the Court and the media Coordinator three (3) days prior to the hearing/trial, if possible. The Court may waive this requirement if good cause for waiver is demonstrated.
A party moving to close to the news media any judicial proceeding required by law to be public, should be closed to the news media, must notice the Court and the media Coordinator three (3) days prior to the hearing/trial, if possible. The Court may waive this requirement if good cause for waiver is demonstrated.
Page 5 | CAMERAS IN THE COURTROOM
A notice of intent to bring cameras or recording equipment into a courtroom or other hearing chamber, pursuant to SCR 61.02(2), shall be made orally or in writing to the office of the judicial officer conducting the hearing or trial. If possible, this notice shall be a t least three days in advance of the hearing/trial. The Court may waive this requirement if good cause for waiver is demonstrated.
A notice of intent to bring cameras or recording equipment into a courtroom or other hearing chamber, pursuant to SCR 61.02(2), shall be made orally or in writing to the office of the judicial officer conducting the hearing or trial. If possible, this notice shall be a t least three days in advance of the hearing/trial. The Court may waive this requirement if good cause for waiver is demonstrated.
Page 5 | CAMERAS IN THE COURTROOM
Court business correspondence is directed to the Clerk of Circuit Court; offices and agencies need not forward correspondence or act as message relays, and people with court business must contact the Clerk directly.
The only recipient of correspondence on Iowa County Circuit Court business is the Office of the Clerk of Circuit Court. This will serve to advise you that correspondence, i.e. mail, fax and electronic mail received by your office or agency need not be forwarded to the Clerk of Circuit Court. You are not required to serve as a message relay resource. Those people with business for the Court must contact the Clerk of Circuit Court.
Page 8 | E-MAIL TRANSMISSIONS
Questions about the scope of an appointment must be referred to the Court immediately.
Any questions on scope of appointment shall be immediately referred to the Court.
Page 15 | Policies and Instructions for Appointed Counsel
Notice of intent to bring cameras or recording equipment into a courtroom or hearing chamber, or to livestream a hearing, must be made orally or in writing to the media coordinator; if possible, give 72 hours’ advance notice, though the court may waive the requirement for good cause.
A notice of intent to bring cameras and/or recording equipment into the courtroom or other hearing chamber or plans to livestream any hearing, pursuant to SCR 61.02(2), shall be made orally or in writing to media coordinator who will work with the Judge and/or Court Security. If possible, any requests shall be made 72 hours in advance of the hearing. This requirement may be waived by the court if good cause is found.
Page 16 | Rules of Media Coverage in Iowa County
Telephone appearances, argument, and testimony are permitted only in limited circumstances with prior approval; the requesting party or attorney must arrange the call after consulting the Judicial Assistant and other parties, and personal appearances are preferred.
Appearances, argument and testimony may, with prior approval, in limited circumstances, be made by telephone in the Circuit Court of Iowa County, subject to the requirements of Sec. 807.13, Wis. Stats. The party or attorney requesting such proceedings shall arrange for the telephone call to the court number after consultation with the Judicial Assistant, other counsel and any non-represented parties in the action. Except for scheduling and pretrial conferences conducted in chambers, proceedings by telephone shall be conducted in the courtroom. Personal appearances are preferred.
Page 4 | APPEARANCES BY TELEPHONE
A notice by one media representative shall be sufficient for all subsequent hearing and trial in said case.
A notice by one media representative shall be sufficient for all subsequent hearing and trial in said case.
Page 5 | CAMERAS IN THE COURTROOM
People requiring disability-related auxiliary aids or services are instructed to call the listed number and ask for the Court ADA Coordinator.
“If you require the assistance of auxiliary aids or services because of a disability, call (608) 935-0399 or (TDD (608) 935-????) and ask for the Court ADA Coordinator.”
Page 6 | ADA ADVISORY