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Published: December 19, 2011
Author: Patrick Fiedler
One of the well-known advantages in sports is the benefit of playing on your home field. Lawyers, like athletes, like to compete in a venue that they are both familiar with and knowledgeable about. This knowledge should include not only an awareness of state statutes relating to civil procedure, but also an awareness of local circuit court rules.
The State of Wisconsin is divided into 72 counties with each county having at least one circuit court branch. According to the State Bar of Wisconsin website, only six of those 72 counties do not have local circuit court rules. It is essential for counsel, be it a local lawyer or a lawyer from out of state, to be aware of the local rules in the county where the lawyer is appearing.
Dane County
Madison is the state capital of Wisconsin and is located in Dane County. There are 17 circuit court branches in Dane County. The Dane County Circuit Court Rules have been in existence for many years. These rules are enacted and modified by a majority vote of the judges. The rules cover 39 pages and consist of both general rules and specific rules for different types of cases, those being criminal/traffic cases, civil, administrative review & small claims cases, family court, probate court, and juvenile court. Additionally, the rules also contain a Code of Professional Responsibility, Courtesy & Decorum for the Circuit Courts of Dane County. This article will focus on three of those rules.
Rule 107: Case Captions
This rule requires that the initial pleadings include the full names and addresses of all the parties. This is rarely a problem. But suppose you represent a party who was sexually assaulted as a child and who brings a civil suit against the perpetrator. Your client does not want his or her name out for everyone to see in the public record. Is it permissible to file the summons and complaint with your client’s initials instead of their full name? The answer appears to be “no” because the rule states that papers that do not contain the required information will not be accepted for filing by the clerk of court. Thus, the only way you may file the complaint with your client’s initials is if you obtain an ex parte order signed by a judge that will allow this type of party designation. Not only is it discretionary decision for a judge as to whether or not to sign the requested order but you also have to find a judge to review your ex parte motion. This is problematic if you are attempting to file the lawsuit on the last day before the statute of limitations runs. Obviously, you want to deal with this situation in a timely fashion because a failure to file on time means that your client’s only recourse may be by way of a claim for legal malpractice.
Rule 307: Summary Judgment Motion Scheduling
This rule is straight-forward and sets forth the requirements and time parameters for summary judgment motions. It also refers you to Rule 115: Length of Briefs, which governs length, margins, spacing and font size of briefs. (Hint – It is generally not a good idea to file a brief which exceeds the length limitations of Rule 115 along with a motion for leave to do so. File your motion for leave and get it ruled upon prior to filing your brief. Or better yet, don’t file a brief which exceeds the page limitations.) What Rule 307 does not address is such things as whether or not the judge to whom your case is assigned (again, there are 17 judges in Dane County) allows the filing of summary judgment motions before the scheduling conference, allows more than one such motion per party, or has a standard order addressing such things as proposed findings of fact. Thus, it is important not only to follow this rule but to also follow this rule as it may be modified by the particular assigned judge.
Rule 319: Motions to Compel Discovery or for Protective Orders
Judges are not fond of discovery disputes. That is, of course, an understatement. Rule 319 states that the court will not schedule a hearing on a motion to compel discovery nor for a protective order “unless the moving party demonstrates in the affidavit that accompanies the motion that he/she has made a good faith effort to obtain the relief requested by informal consultation with the party against whom the motion is brought.” If you fail to include the required affidavit with your motion, it may sit in limbo for an indefinite period of time until you make inquiry as to scheduling and have the clerk direct your attention to this local rule. Do it the right way. Pick up the phone and call opposing counsel to work this out. If no agreement is reached, then file your motion to compel with the proper affidavit in support thereof.
Conclusion
Judges, like lawyers, are busy people. The courts have local rules to assist the judges in managing their cases so as to make decisions in a timely fashion. Judges appreciate lawyers who do things the right way. Doing things the right way includes following all local rules. “When in Rome…”
For more information about the local rules in Wisconsin, contact Patrick Fiedler at 608.283.6753 or pfiedler@axley.com.
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