Criminal/Traffic Court Division

Local Court Rules

Adopted: October 19, 1998
Effective: January 1, 1999
Last Revised: March 19, 2019

 

Rule 1: Felony Case Scheduling

1.1 Initial Appearance
1.2 Preliminary Examination/Arraignment
1.3 Plea Hearing
1.4 Motions Before Trial
1.5 Status Conference
1.6 Trial

Rule 2: Misdemeanor/Criminal Traffic Case Scheduling

2.1 Preliminary Examination/Arraignment
2.2 Plea Hearing
2.3 Motions Before Trial
2.4 Trial

Rule 3: Traffic & Non-Traffic Forfeiture Case Scheduling

3.1 Defendant to Appear at All Scheduled Proceedings
3.2 Preliminary Examination/Arraignment
3.3 Scheduling Conference
3.4 Status Conference
3.5 Trial

Rule 4: Continuance Policy

Rule 5: Consolidation or Joinder of Cases

5.1 Consolidation of Pending Cases
5.2 Consolidation Hierarchy
5.3 Bail Jumping Cases
5.4 Refusal Cases
5.5 Assignment of Civil Citations
5.6 Multiple Defendant Cases
5.7 Failure to Return Certificate of Title Citations
5.8 Consolidation in Advance of Disposition 

Rule 6: Bail

6.1 Bail Motions
6.2 Bail Modifications
6.3 Capias Returns
6.4 Removal of Cosigner Signatures

Rule 7: Required Attendance by Defendant & Authorizations to Appear

Rule 8: Fines 

8.0 Enforcement Policy for Monetary Penalties and Other Monetary Condition of a Sentence or Disposition
8.1 Monetary Penalties and Other Monetary Conditions of a Sentence or Disposition
8.2 Time to Pay
8.3 Eligibility for Time to Pay
8.4 Payment Agreements
8.5 Delegation of Authority to Establish Payment Agreements
8.6 Delegation of Authority to Collect Monetary Penalties and Other Monetary Conditions of a Sentence or Disposition
8.7 Delegation of Authority
8.8 Financial Disclosure Statements
8.9 Assets and Liability Disclosure Statements
8.10 Payment Agreement Guidelines
8.11 Ability to Pay Determination
8.12 Financial Background Checks
8.13 Indigence
8.14 Modification of Payment Agreements
8.15 Annual Review of Defendant's Ability to Pay
8.16 Defendants' Request for Modification of Payment Agreement
8.17 Community Service
8.18 Violation of Payment Agreement
8.19 Collection Enforcement Actions
8.20 Court Enforcement Actions
8.21 Authority to Release In-Custody Defendants
8.22 Authority to Cancel Capias for failure to Pay
8.23 Review of Payment Agreements
8.24 Policy Questions & Interpretations

Rule 9: Restitution

Rule 10: Correspondence

Rule 11: Title Holds

Rule 12: Fees 

         12.1 Interpreter Fees
         12.2 Attorney Fees 

Rule 13: Fast Track Domestic Violence Cases

13.1 Heard by Duty Judge
13.2 Opting Out of Fast Track

Rule 14: Victim Impact Panel Meetings

Rule 15: Motions

15.1 Motion Practice
15.2 Filing and Service
15.3 Forfeiture Action Motions
15.4 Forty-Eight Hour Rule

Rule 16: Sentences After Revocation

Rule 17: Restricted Use of Electronic Devises

Rule 18: Jail of Huber Sentence Credits

18.1 Credit for Completing Chemical Dependency Counseling
18.2 Credit for Jail Trustees

Rule 19: Facsimile Transmission of Documents to the Court

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Rule 1: Felony Case Scheduling

1.1 Initial Appearance

(a) At the time of the initial appearance before a court commissioner, unless otherwise waived by the defendant on the record, all felony cases will be scheduled for a preliminary examination within ten (10) days of the initial appearance if the defendant is in custody or within twenty (20) days of the initial appearance if the defendant is not in custody. In any case, in the event of a waiver of time limits, the preliminary examination should be held within thirty (30) days of the initial appearance.

(b) If a defendant appears without counsel, he/she shall be advised by the court of his/her right to counsel, and if appropriate, referred to the State Public Defender's Office.

(c) A defendant shall be notified at the initial appearance of the circuit court judge assigned to the trial of the case.

1.2 Preliminary Examination/Arraignment

At the conclusion of the preliminary examination, if the defendant is bound over for trial, the state shall file whenever possible the information, and arraignment shall occur at the same time. In all cases the arraignment shall be held within thirty (30) days of the preliminary examination and where feasible before the court commissioner. Further, in all cases, the case shall be placed on the trial court's calendar for further disposition within 30 days following arraignment.

1.3 Plea Hearing

At the plea hearing, upon the defendant being found guilty, the judge shall either sentence the defendant, or, if the judge wishes, order a presentence report to be filed within forty-five (45) days, thirty (30) days if in custody, and shall schedule sentencing within ninety (90) days of the guilty plea.

1.4 Motions Before Trial

Unless otherwise ordered by the assigned judge, all motions shall be filed with the court in conformance with the statutes but, in any event no later than ten (10) days after arraignment, and shall be scheduled to be heard prior to trial. In no event shall a Motion be scheduled prior to it having been filed in writing with the court. Written motions shall include an estimate as to the length of time required to be heard.

1.5 Status Conference

A status conference shall be held preceding the trial date for the purposes of accepting any plea that may be made and to determine the order and number of cases for trial. Any cases continued from the trial calendar shall be rescheduled to a date no later than sixty (60) days from the date continued. The attorneys assigned for trial and the defendant shall all appear promptly in person. Furthermore, at the scheduled time, the parties shall be prepared to enter a plea of guilty/no contest or to go to trial.

1.6 Trial

All cases shall be scheduled for trial within 120 days of the first appearance of the defendant before the assigned judge unless otherwise ordered by the judge for good cause. If the defendant is found guilty at trial, the judge shall either sentence the defendant or if the judge wishes, continue the matter for sentencing within 90 days.

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Rule 2: Misdemeanor/Criminal Traffic Case Scheduling

2.1 Initial Appearance/Arraignment

(a) All misdemeanor and criminal traffic cases shall have an initial appearance and arraignment before the court commissioner. If a defendant pleads not guilty, the matter shall be given a date on the trial court's calendar that is within thirty (30) days following said plea for further proceedings.

(b) If a defendant appears without counsel, he/she shall be advised by the court of his/her right to counsel, and if appropriate, referred to the State Public Defender's Office. An arraignment date shall then be scheduled before the court commissioner for a time within 14 days thereafter.

(c) A defendant wishing to enter a guilty plea when appearing before the court commissioner or wishing to plead guilty before a judge shall be scheduled for a plea and sentencing hearing before the assigned judge within thirty (30) days thereafter. In all cases, the case shall be placed on the trial court's calendar within thirty (30) days following arraignment for further disposition.

(d) A defendant shall be notified at the initial appearance of the judge assigned to the trial of the action.

2.2 Plea Hearing

If a defendant is found guilty, the judge shall immediately proceed to sentencing unless the judge determines that there is good cause for the sentencing to be postponed. In all cases, sentencing shall be scheduled for a hearing within ninety (90) days after the defendant is found guilty.

2.3 Motions before Trial

Unless otherwise ordered by the assigned judge, all motions shall be filed with the court in conformance with the statutes but, in any event, no later than ten (10) days after arraignment, and shall be scheduled to be heard prior to trial. In no event shall a motion be scheduled prior to it having been filed in writing with the court. Written motions shall include an estimate as to the length of time required to be heard.

2.4 Trial

All cases shall be scheduled for trial within 120 days of the first appearance of the defendant before the assigned judge unless otherwise ordered by the judge for good cause. If the defendant is found guilty at trial, the judge shall immediately proceed to sentencing unless the judge determines that there is just cause to delay sentencing. In all cases, however, sentencing shall take place within ninety (90) days of the date that defendant is found guilty.

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Rule 3: Traffic and Non-Traffic Forfeiture Case Scheduling

3.1 Defendant to Appear at all Scheduled Proceedings

A defendant failing to appear at any scheduled proceeding but having deposited money shall have the deposit forfeited. Where no deposit of money was made, a default judgment shall be entered against a defendant who fails to appear at any scheduled proceeding.

3.2 Initial Appearance/Plea

A defendant in a traffic and/or non-traffic forfeiture action shall enter a plea at the initial appearance. A defendant pleading not guilty shall be notified of the name of the assigned judge and shall receive a pretrial conference before the court commissioner within forty-five (45) days of the initial appearance. The court commissioner shall immediately proceed to disposition if the defendant pleads guilty or no contest. A defendant wishing to hire an attorney shall have his/her attorney file an authorization to appear within ten (10) days of initial appearance. The attorney and defendant shall be present at the pretrial conference.

3.3 Scheduling Conference

(a) If a guilty or no contest plea is not accepted at the pretrial conference, the court commissioner shall schedule the matter for court trial before the assigned judge not later than forty-five (45) days after the pretrial conference. In the event a jury tender has been timely posted, the matter shall be set for jury trial and status within sixty (60) days.

(b) If a guilty or no contest plea is accepted, the court commissioner shall immediately proceed to disposition.

3.4 Status Conference

A jury status conference shall be held preceding the trial for the purpose of accepting a guilty or no contest plea that may be made to the charge(s) and to dispose of the same or to determine the order and number of cases for trial. Any cases continued from the trial calendar shall be rescheduled to a date no later than sixty (60) days from the date continued from.

3.5 Trial

If the defendant is found guilty at trial, the judge shall immediately proceed to disposition.

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Rule 4: Continuance Policy

Continuances from scheduled court dates shall not be granted except upon motion and good cause shown and then only after opposing counsel/party has had an opportunity to be heard. Continuances when allowed, should be to a date no later than ninety (90) days after the date the matter is continued from.

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Rule 5: Consolidation or Joinder of Cases

5.1 Consolidation of Pending Cases

Consolidation of pending cases amongst the various branches into a single branch assigned to the Criminal Division may be accomplished at the request of the defendant. Consolidation shall be in writing and with the consent of all parties and judges assigned on a consolidation form approved by the Presiding Judge. Consolidation can be made only for purposes of plea/disposition and not for trial.

5.2 Consolidation Hierarchy

Cases are to be consolidated into the appropriate branch based upon the matrix designed below except as provided elsewhere in this section.

 

	Felony	Misd.	Crim. Traf.	Forf.
Felony	oldest felony	felony	felony	felony
Misd.	felony	oldest misd.	misd.	misd.
Crim. Traf.	felony	misd.	oldest C.T.	crim. traf.
Forf.	felony	misd.	crim. traf.	oldest forf.

5.3 Bail Jumping Cases

All bail jumping cases filed with the criminal traffic division shall be assigned to the same judge assigned to hear the underlying case.

5.4 Refusal Cases

All refusal cases shall be filed with the judge assigned to hear the OAWI/BAC/PAC/cases.

5.5 Assignment of Civil Citations

Judges hearing criminal traffic cases shall also be assigned all civil citations arising out of the same incident.

5.6 Multiple Defendant Cases

The judge assigned to the first case filed with the Criminal Traffic Division shall also be assigned to hear the codefendant's cases.

5.7 Failure to Return Certificate of Title Citations

Citations for failure to return certificate of title shall be assigned to the judge assigned to the underlying case.

5.8 Consolidation in Advance of Disposition

Neither attorneys nor pro se defendants are to file consents for consolidation until all of the cases listed there on are ready to be disposed. If counsel indicates a consolidation is being prepared, the cases are still to be scheduled in the various courts until the consent for consolidation is actually filed with the court. If a consolidation is filed and a disposition does not occur, the files will be separated and rescheduled into the previously assigned courts. Once a finding of guilt has been made, that case may not be consolidated into another court.

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Rule 6: Bail

6.1 Bail Motions

Unless otherwise agreed, all bail motions shall be in writing, filed and served 48 hours prior to being heard. Scheduling Bail Motions shall be the responsibility of the moving party and done so through the appropriate calendar clerk. Motions shall be scheduled before the appropriate magistrate, e.g., cases not yet advanced onto a Judge's calendar shall be heard by a commissioner. Those cases already on a Judge's calendar shall be heard before the assigned Judge. Unless otherwise agreed between the respective judges, no bail motions on multi-branch cases are to be heard by a single judge prior to any consolidation.

6.2 Bail Modifications

When a court modifies bail, a new bail bond is to be signed by the defendant immediately thereafter.

6.3 Capias Returns

If the capias indicates that the defendant has no bail and must appear before that judge, it will be scheduled before the specific judge rather than be added to the daily lock up calendar.

6.4 Removal of Cosigner Signatures

When a magistrate has required the signature of a cosigner upon a bond, that cosigners name is only to be removed upon request and with the consent of the court.

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Rule 7: Required Attendance by Defendant and Authorizations to Appears

In addition to the requirements of § 971.04, defendants are required to appear as follows:

(a) Defendants must appear for all evidentiary hearings, plea dates, trial dates and jury status conference dates.

(b) Defendants are required to appear for all scheduled court dates unless an authorization for defense counsel to appear has been filed with and permitted by the court.

(c) Neither defendants nor defense counsel need to appear if they have been informed in advance by the District Attorney's Office that the case is scheduled for dismissal.

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Rule 8: Fines

8.0 Enforcement Policy for Monetary Penalties and Other Monetary Condition of a Sentence or Disposition 

Circuit Judges expect defendants to pay monetary penalties and other monetary conditions of a sentence or disposition promptly and in full. The Circuit Judges require that the Criminal/Traffic Division give defendants, if requested, time to pay monetary penalties and other monetary conditions of a sentence or disposition.

8.1 Monetary Penalties and Other Monetary Conditions of a Sentence or Disposition

Monetary penalties and other monetary conditions of a sentence or disposition imposed by the Circuit Judges and Court Commissioners pursuant to statutes may include, but are not limited to fines, forfeitures, costs, assessments, surcharges, restitution and reimbursement. Reimbursement includes services paid for by Waukesha County, such as attorney fees, jury costs or witness fees or any other costs or charges owed to or through the Circuit Court. Monetary penalties and other monetary conditions of a sentence or disposition which the Court makes a condition of probation or parole are not subject to these rules.

8.2 Time to Pay

 Defendants are responsible for making arrangements for time to pay monetary penalties and other monetary conditions of a sentence or disposition. The Court delegates, but does not relinquish, this responsibility to the Clerk of Circuit Court, Criminal/Traffic Division.

8.3 Eligibility for Time to Pay

 Defendants are eligible for time to pay monetary penalties or other monetary conditions of a sentence or disposition when complying with the policies and procedures set forth in this rule and with all other procedures established by the Criminal/Traffic Division. Criminal/Traffic Circuit Judges will expect defendants who refuse to comply with this rule to pay in full all monetary penalties or monetary conditions of a sentence or disposition within twenty (20) days from the imposition date.

8.4 Payment Agreements

 Payment Agreements will be based upon the Payment Agreement Guidelines approved by all Criminal/Traffic Division Circuit Judges unless defendants assert they are unable to meet those guidelines. Defendants may be eligible for time to pay monetary penalties and other monetary conditions of a sentence or disposition based upon their ability to pay. Their ability to pay will be determined through information provided in a completed Financial Disclosure Statement and confirmed by a professional collection specialist.

8.5 Delegation of Authority to Establish Payment Agreements

The Criminal/Traffic Circuit Judges delegate the authority to establish and coordinate Payment Agreements for all monetary penalties and other monetary conditions of a sentence or disposition to the Clerk of Circuit Court, Criminal/Traffic Division. The Criminal/Traffic Division may coordinate activities to collect monetary penalties and other monetary conditions of a sentence or disposition with the Department of Administration, Collections Division. All Payment Agreements established pursuant to this rule are enforceable in the same manner as if established by Circuit Judges or Court Commissioners in open court or otherwise.

8.6 Delegation of Authority to Collect Monetary Penalties and Other Monetary Conditions of a Sentence or Disposition

The Criminal/Traffic Circuit Judges request the collection of monetary penalties and other monetary conditions of a sentence or disposition from defendants who fail to comply with their Payment Agreements by the Department of Administration, Collections Division who will carry out these duties as set forth in this rule. The Collections Division acts as a collection agency for the Clerk of Circuit Court, Criminal/Traffic Division, pursuant to s.59.40(4), Wis. Stats. It operates, in this capacity, at the pleasure of the Circuit Judges and the Clerk of Circuit Court. Circuit Judges and the Clerk of Circuit Court continue to exercise control over the management of these monetary penalties and other monetary conditions of a sentence or disposition and will direct policy and procedures as deemed necessary.

8.7 Delegation of Authority

The Criminal/Traffic Division Circuit Judges orders supercede any delegation of authority.

8.8 Financial Disclosure Statements

Criminal/Traffic Circuit Judges require that defendants complete and submit Financial Disclosure Statements if requesting time to pay their monetary penalties and other monetary conditions of a sentence or disposition. The Collections Division may require that defendants submit updated financial documentation if their Payment Agreements extend more than one (1) year.

8.9 Assets and Liability Disclosure Statements

The Collections Division may require that defendants prepare and submit additional financial documentation anytime during collection activities. (i.e., Assets and Liability Disclosure Statements.)

8.10 Payment Agreement Guidleines

The Criminal/Traffic Division staff may establish Payment Agreements if defendants agree to pay 25% of the monetary penalties and other monetary conditions of a sentence or disposition immediately and agree to pay the balance in installments. Defendants must sign Payment Agreements signifying their agreement to the terms and conditions contained therein. The installments will be based on the remaining unpaid balance.

 

Balance Due	Installments
$ 0.00 to $300	3 monthly installments
$300.01 to $600	4 monthly installments
$600.01 or more	6 monthly installments

8.11 Ability to Pay Determination

Defendants who state they cannot meet the terms of the Payment Agreement Guidelines will be directed immediately to the Department of Administration, Collections Division for determination of their ability to pay.

8.12 Financial Background Checks

The Collections Division will conduct financial background and verification checks on defendants referred for determination of ability to pay or for collection.

8.13 Indigence

The Collections Division may determine defendants fully or partially indigent, pursuant to the annual poverty line established by s. 812.34(3). If fully indigent, the Collections Division will recommend that the Court consider allowing defendants to perform community service instead of paying the monetary penalties and other monetary conditions of a sentence or disposition. If partially indigent, the Collections Division may recommend a combination of payments and community service to satisfy the monetary penalties and other monetary conditions of a sentence or disposition. Written recommendations will be forwarded to the Circuit Judges, or their designee, for approval.

8.14 Modification of Payment Agreements

The Criminal/Traffic Division may modify Payment Agreements based upon the Payment Agreement Guidelines when defendants incur new, or Criminal/Traffic Division staff find prior unpaid, monetary penalties and other monetary conditions of a sentence or disposition. Modifications will be done in conformance with the Payment Agreement Guidelines. Modifications to Payment Agreements that were developed based upon the defendants' ability to pay will be limited to extending the length of time to pay in full. The Criminal/Traffic Division staff will not modify the amount and frequency of payments.

8.15 Annual Review of Defendant's Ability to Pay

The Collections Division will review defendants' ability to pay annually. They will modify Payment Agreements to reflect any appropriate adjustments to the amount and frequency of payments.

8.16 Defendants' Request for Modification of Payment Agreement

Defendants may request modification of Payment Agreement if they show to the satisfaction of the Collections Division that their ability to pay has changed enough to warrant modification.

8.17 Community Service

Criminal/Traffic Circuit Judges will permit community service for defendants who have no or limited income or earnings. Defendants permitted to do community service will earn a credit of $10 for every community service hour completed. Defendants must complete the hours within the time permitted in the Payment Agreement Guidelines. Judicial Court Commissioners will conduct hearings for those defendants who are fully or partially indigent and are physically unable to do community service. They will decide whether modification or waiver of payment of the monetary penalties and other monetary conditions of a sentence or disposition is appropriate.

8.18 Violation of Payment Agreement

The Criminal/Traffic Division will monitor compliance of all Payment Agreements. Defendants will be considered current if they make payments at the times and in the amounts required by the Payment Agreements. The Criminal/Traffic Division staff will mail letters to defendants who violate their Payment Agreements within two (2) days of the violation. Letters will demand payment in full within ten (10) days from the date on the letter. The Criminal/Traffic Division will refer defendants who fail to pay monetary penalties and other monetary conditions of a sentence or disposition in full as demanded to the Collections Division for collection.

8.19 Collection Enforcement Actions

The Criminal/Traffic Circuit Judges authorize the Collections Division to use the following tools to obtain payment of monetary penalties and other monetary conditions of a sentence or disposition referred for collection. The Collections Division will monitor and enforce the following as part of collection efforts.

• Voluntary Wage Assignment: Defendants may volunteer to be placed on Voluntary Wage Assignments. They may stop Voluntary Wage Assignments at anytime by submitting a written request to the Collections Division and to their employer.
• Income Assignment - Employed defendants may be placed on Income Assignments.
• Tax Refund or Lottery Prize Intercept: The Collections Division may initiate procedures to intercept tax refunds or lottery prizes if defendants' Payment Agreements have exceeded one hundred eighty (180) days.
• Civil Judgment: The Collections Division may request a civil judgment for defendants whom own property (they will pursue a voluntary property lien first), recalcitrant defendants who can pay but refuse to do so, or in situations of long-term payment agreements.

8.20 Court Enforcement Actions

The Collections Division will recommend court enforcement actions, which are permissible by state statute or pursuant to this rule, for defendants who are not complying with their Payment Agreements and, who are not indigent. The collection specialist will take into account the total amount of the monetary penalties and other monetary conditions of a sentence or disposition and the type of charge(s) involved when determining what action may be appropriate. Their recommendations will be for the minimum enforcement actions they believe will be most effective. None of these sanctions satisfy the requirement to pay the monetary penalties and other monetary conditions of a sentence or disposition. Disobeying a court order to pay monetary penalties and other monetary conditions of a sentence or disposition is punishable by one or more of the following sanctions.

Driver's License Suspension: Suspension of driving privileges for a period not to exceed five years or until they pay the monetary penalties and other monetary conditions of a sentence or disposition in full, whichever occurs first.

Vehicle Registration Suspension: Suspension of Vehicle Registrations indefinitely or until they pay the monetary penalties and other monetary conditions of a sentence or disposition in full.

Contempt Proceedings: Imposition of remedial sanctions set forth in 785.04, Wis. Stats. or procedures set forth in Chapter 778, whichever is appropriate.

8.21 Authority to Release In-Custody Defendants

The Circuit Judges in the Criminal/Traffic Division delegate the authority to designated staff of the Criminal/Traffic Division to release defendants from the County Jail. This authority is limited to defendants who are in custody because of failure to pay monetary penalties and other monetary conditions of a sentence or disposition. All staff delegated this authority are to act in conformity with this rule.

8.22 Authority to Cancel Capias for failure to Pay

The Circuit Judges in the Criminal/Traffic Division delegate the authority to cancel any Capias issued for failure to pay a monetary penalty or other monetary conditions of a sentence or disposition to designated staff of the Criminal/Traffic Division. All staff delegated this authority must act in conformance with this rule.

8.23 Review of Payment Agreements

Defendants may request a review of any contested Payment Agreements, actions or recommendations by submitting a written request for review to the Criminal/Traffic Division. All such reviews will be conducted by a Judicial Court Commissioner. Defendants may submit written requests for review of Judicial Court Commissioner rulings to a Circuit Judge.

8.24 Policy Questions & Interpretations

Policy questions or issues should be submitted in writing to the Chief Deputy Clerk of the Criminal/Traffic Division. The matter will be discussed and resolved at the next scheduled Criminal/Traffic Division Circuit Judge meeting.

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Rule 9: Restitution 

9.1       Prior to entry of a plea or trial the District Attorney and Defense attorney shall advise the Court that they have conferred regarding restitution, and have stipulated to the restitution or if disputed, the parties have engaged in reasonable efforts to resolve the dispute and are unable to stipulate. Where appropriate, partial stipulations shall be submitted.

9.2       At sentencing, except where good cause is shown, the Attorneys shall inform the Court of the amount of Restitution to be included as a term of Probation, pursuant to Section 973.20(13), Wis. Stats. If stipulated by the Defendant, the Court may order that agreed sum to be paid by the Defendant. The Restitution Stipulation approved with this rule shall be completed by the parties in each appropriate case.

9.3       Absent good cause, at least 20 calendar days before a scheduled restitution hearing, a victim requesting restitution shall file and serve a restitution affidavit in the form prepared by the District Attorney’s victim/witness division (“Restitution Affidavit”).  The Restitution Affidavit will identify the nature and basis for the claim and attach any appropriate supporting documentation.  Unless the Defendant makes a request for the victim’s attendance, as outlined in Rule 9.4, the Restitution Affidavit will constitute evidence of the restitution claim and the victim need not attend the restitution hearing and provide testimony to establish the claim.

9.4       If the Defendant has a good faith basis to request the victim’s attendance at the restitution hearing to examine or challenge the factual basis of the restitution claim, at least 10 calendar days before the scheduled restitution hearing the Defendant shall file and serve a request that the Court require the victim’s attendance at the hearing.  The District Attorney’s office shall notify the victim of the request and his or her need to attend the hearing.  The absence of a defense request for the victim’s attendance does not constitute a stipulation to the basis or amount of the claim, and does not forfeit the Defendant’s ability to challenge an award of restitution.

9.5       If the Court finds no good faith basis for a request in Rule 9.4 above, the Court reserves the right to assess costs against the Defendant under Wis. Stat. § 973.20(5)(b), in addition to any restitution award.

 (Revised 03/19/19)

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Rule 10: Correspondence

All parties sending correspondence to the court shall send a copy to the opposing party.

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Rule 11: Title Holds

Unless otherwise individually addressed or specified by the court, the Clerk of Circuit Courts office will administratively process all titled transfer lists for all vehicles titled to a defendant upon a third conviction for a violation of either §346.63 (1) or (2), §940.09 (1) or §940.25 Wis. Stats.

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Rule 12: Fees

12.1 Interpreter fees

Interpreters shall be paid as follows:

(a) If a jury trial is canceled within two working days of the date of trial, exclusive of weekends, the court will authorize payment of the interpreter fees for up to one full day provided the interpreter is unable to obtain other interpreting commitments for the date the jury trial was scheduled.

(b) If a jury status conference is held within 48 hours prior to the cancellation of the jury trial, in order for the interpreter to be paid as provided in the above paragraph, the interpreter must attend the jury status conference.

(c) In the event a jury status conference is held prior to two working days of the jury trial, exclusive of weekends, but within one week of the jury trial and the interpreter attends the jury status conference, the interpreter shall be paid for his/her services for up to one full day if the jury trial is canceled at the time of the jury status conference and provided the interpreter is unable to obtain other interpreting commitments for the date the jury trial was scheduled.

12.2 Attorney Fees

All Court ordered reimbursements for court appointed attorney fees shall be ordered as a Waukesha County collection. This shall include, but is not limited to defendants placed on supervision with the Department of Corrections.

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Rule 13: Fast Track Domestic Violence Cases

13.1 Heard by Duty Judge

Fast track domestic violence cases shall be heard before the duty judge at such times as said judge sets for said matters.

13.2 Opting Out of Fast Track

If a defendant changes his/her mind after a complaint has been filed and scheduled and determines that he/she does not wish to proceed according to the fast track option, the case will be rescheduled. Under those circumstances the case will remain with the originally assigned judge, and amended complaint will be filed (with the same or different charges) and will retain the original file number and judge to show a clear picture of the case history.

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Rule 14: Victim Impact Panel Meetings

All defendants convicted of third or greater offenses of OWI/PAC or of causing injury or death to another while OWI/PAC shall attend a victim impact panel meeting on a date ordered by the court. Alternate jail sentences of 30 days consecutive to any other sentences may be imposed for failure to attend the victim impact panel meetings.

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Rule 15: Motions

15.1 Motion Practice

Motion practice shall be in accordance with Section 971.30 and 971.31 stats.

15.2 Filing and Service

Unless otherwise permitted by the court, all motions shall be filed and served:

(a) In Misdemeanors, within 10 days after initial appearance.

(b) In Felonies, within 10 days after arraignment.

15.3 Forfeiture Action Motions

Motions in forfeiture actions shall be governed by Section 345.41, Stats.

15.4 Forty-Eight Hour Rule

Unless agreement is reached by all parties including the court or otherwise waived by the court, all motions must be scheduled with the court at least 48 hours in advance with copies to opposing side at least 48 hours in advance.

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Rule 16: Sentences After Revocation

All sentencing after revocation shall be heard by the court that placed the defendant on probation, or by the court that assumed the sentencing court's caseload.

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Rule 17: Restricted Use of Electronic Devises

Electronic communication equipment, including, but not limited to cellular telephones, pagers, lap top computers, scanners and recording devices, may not be used by jurors in the courtroom or deliberation room without the specific permission of the judge.

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Rule 18: Jail or Huber Sentence Credits

18.1 Credit for Completing Chemical Dependency Counseling

All Huber inmates successfully completing the court approved chemical dependency counseling session, offered by the Huber facility, will automatically be given five days credit toward their Huber sentence.

18.2 Credit for Jail Trustees

Upon notification from the jail, trustees shall be given credit toward their sentences of one day sentence credit for each 24 hours of trustee work. The jail personnel shall notify the court of the number of hours accrued and provide recommendations for granting said credit.

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Rule 19: Facsimile Transmission of
Documents to the Court

(a) Effective 4-1-1993, Revised 9-5-1995, Modified 07-01-2001 in conjunction with Supreme Court Order No. 00-09, dated April 3, 2001.

(b) Facsimile documents transmitted directly to the court shall be accepted for filing if:

(c) Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if:

(d) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.

(e) The Circuit Court Judge or Clerk is not responsible for:

(f) A Judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with §801.16.

(g) Documents that are not to be filed but are to be used by the Court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the Judge or Clerk.

(h) Copies of documents from court files shall not be transmitted by facsimile machine without the appropriate costs being received in advance. The facsimile machine shall not be utilized in an effort to avoid payment of statutory photocopy costs.

(i) If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Courts office for filing. Original documents are to be maintained by the signing party or his/her attorney. A cost assessment for pages filed in violation of this rule will be $3.00 per page. Originals filed will be returned or destroyed.

(j) Any requests for confidential transmission shall be submitted to the Clerk of Courts for review and approval.

(k) The Clerk of Courts facsimile machine will be operational during regular county business hours.