AB354, s. 246
7Section
246. 799.207 (1) (e) of the statutes is amended to read:
AB354,90,108
799.207
(1) (e) If the
circuit court commissioner cannot reach a decision on the
9return or adjourned date, the commissioner shall mail the decision to each party
10within 30 days of the date of the hearing.
AB354, s. 247
11Section
247. 799.207 (2) (intro.) of the statutes is amended to read:
AB354,90,1412
799.207
(2) (intro.) The
circuit court commissioner's decision shall become a
13judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except
14that:
AB354, s. 248
15Section
248. 799.207 (3) (b) of the statutes is amended to read:
AB354,90,1816
799.207
(3) (b) The
circuit court commissioner shall give each of the parties a
17form and instructions which shall be used for giving notice of an election to have the
18matter heard by the court.
AB354, s. 249
19Section
249. 799.209 (1) to (4) of the statutes are amended to read:
AB354,90,23
20799.209 (1) The court or
circuit court commissioner shall conduct the
21proceeding informally, allowing each party to present arguments and proofs and to
22examine witnesses to the extent reasonably required for full and true disclosure of
23the facts.
AB354,91,5
24(2) The proceedings shall not be governed by the common law or statutory rules
25of evidence except those relating to privileges under ch. 905 or to admissibility under
1s. 901.05. The court or
circuit court commissioner shall admit all other evidence
2having reasonable probative value, but may exclude irrelevant or repetitious
3evidence or arguments. An essential finding of fact may not be based solely on a
4declarant's oral hearsay statement unless it would be admissible under the rules of
5evidence.
AB354,91,8
6(3) The court or
circuit court commissioner may conduct questioning of the
7witnesses and shall endeavor to ensure that the claims or defenses of all parties are
8fairly presented to the court or
circuit court commissioner.
AB354,91,12
9(4) The court or
circuit court commissioner shall establish the order of trial and
10the procedure to be followed in the presentation of evidence and arguments in an
11appropriate manner consistent with the ends of justice and the prompt resolution of
12the dispute on its merits according to the substantive law.
AB354, s. 250
13Section
250. 799.21 (3) (b) of the statutes is amended to read:
AB354,91,2414
799.21
(3) (b) In counties
establishing at least one part-time or full-time court
15commissioner position under s. 757.68 (1) (b) in which a circuit court commissioner
16is assigned to assist in small claims matters, except in eviction actions which shall
17be governed by par. (a), demand for trial by jury shall be made at the time a demand
18for trial is filed. If the party requesting a trial does not request a jury trial, any other
19party may request a jury trial by filing the request with the court and mailing copies
20to all other parties within 15 days from the date of mailing of the demand for trial
21or the date on which personal notice of demand is given, whichever is applicable. If
22no party demands a trial by jury, the right to trial by jury is waived forever. The fees
23prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall be paid when the demand for a
24trial by jury is filed.
AB354, s. 251
25Section
251. 799.21 (4) of the statutes is amended to read:
AB354,92,7
1799.21
(4) Jury procedure. If there is a demand for a trial by jury, the judge
2or
circuit court commissioner shall place the case on the trial calendar and a jury of
36 persons shall be chosen as provided in s. 345.43 (3) (b). The parties shall proceed
4as if the action had originally been begun as a proceeding under chs. 801 to 807,
5except that the court is not required to provide the jury with one complete set of
6written instructions under s. 805.13 (4) and the requirements for appearance by the
7parties shall be governed by s. 799.06 (2).
AB354, s. 252
8Section
252. 799.24 (1) of the statutes is amended to read:
AB354,92,169
799.24
(1) Entry of judgment or order; notice of entry thereof. When a
10judgment or an order is rendered, the judge,
circuit court commissioner or clerk of
11circuit court shall immediately enter it in the court record and note the date thereof
12which shall be the date of entry of judgment or order. The clerk of circuit court, except
13in municipal and county forfeiture actions, shall mail a notice of entry of judgment
14to the parties or their attorneys at their last-known address within 5 days of its
15entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c),
16the clerk of circuit court shall enter the judgment in the judgment and lien docket.
AB354, s. 253
17Section
253. 799.24 (3) of the statutes is amended to read:
AB354,92,2318
799.24
(3) Stipulated dismissal. Prior to the entry of judgment, upon
19stipulation of the parties to a schedule for compliance with the stipulation, the court
20or
circuit court commissioner may enter a stipulated judgment of dismissal in lieu
21thereof. Any such judgment may be vacated without notice to the obligated party,
22and the unsatisfied portion thereof entered, upon application by the prevailing party
23and proof by affidavit of noncompliance with the terms of the stipulation.
AB354, s. 254
24Section
254. 799.26 (1) of the statutes is amended to read:
AB354,93,11
1799.26
(1) When a judgment for money damages is entered under this chapter,
2the court or
circuit court commissioner shall order the judgment debtor to execute
3under penalty of contempt a disclosure statement and to mail or deliver that
4statement to the judgment creditor or to the clerk of circuit court in the county where
5the judgment is entered within 15 days of entry of judgment unless the judgment is
6sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor's
7name, residence address, employers and their addresses, any real property interests
8owned by the debtor, cash on hand, financial institutions in which the judgment
9debtor has funds on deposit, whether the debtor's earnings are totally exempt from
10garnishment under s. 812.34 (2) (b), and such other information as required by the
11schedules adopted under sub. (3).
AB354, s. 255
12Section
255. 803.01 (3) (b) 1. of the statutes is amended to read:
AB354,93,1713
803.01
(3) (b) 1. The guardian ad litem shall be appointed by a circuit court of
14the county where the action is to be commenced or is pending, except that the
15guardian ad litem shall be appointed by a
family
circuit court commissioner of the
16county in actions to establish paternity that are before the
family circuit court
17commissioner.
AB354, s. 256
18Section
256. 807.02 of the statutes is amended to read:
AB354,94,2
19807.02 Motions, where heard; stay of proceedings. Except as provided in
20s. 807.13 or when the parties stipulate otherwise and the court approves, motions in
21actions or proceedings in the circuit court must be heard within the circuit where the
22action is triable. Orders out of court, not requiring notice, may be made by the
23presiding judge of the court in any part of the state. No order to stay proceedings
24after a verdict, report or finding in any circuit court may be made by a
circuit or
1supplemental court commissioner. No stay of proceedings for more than 20 days may
2be granted except upon previous notice to the adverse party.
AB354, s. 257
3Section
257. 807.04 (1) of the statutes is amended to read:
AB354,94,84
807.04
(1) Except as provided under sub. (2), all trials, and all hearings at
5which oral testimony is to be presented, shall be held in open court. The court may
6make any order which a judge or
a circuit or supplemental court commissioner has
7power to make.
Court commissioners shall have the powers provided in ch. 753 or
8by other statute.
AB354, s. 258
9Section
258. 807.09 (1) of the statutes is amended to read:
AB354,94,1510
807.09
(1) A circuit judge of the circuit court of any county may appoint and
11remove at any time, any retired or former circuit or county court judge to act, in
12matters referred by the judge and in conciliation matters. When a matter for
13conciliation is referred for such purpose, the conciliator shall have full authority to
14hear, determine and report findings to the court. Such conciliators may be appointed
15circuit court commissioners
as provided in s. 757.68 under SCR 75.02 (1).
AB354, s. 259
16Section
259. 812.30 (2) of the statutes is amended to read:
AB354,94,1817
812.30
(2) "Court" includes a
circuit court commissioner assigned to preside at
18a proceeding under this subchapter.
AB354, s. 260
19Section
260. 813.025 (1) of the statutes is amended to read:
AB354,94,2420
813.025
(1) No
circuit or supplemental court commissioner
shall may issue any
21injunction or order suspending or restraining the enforcement or execution of any
22statute of the state or of any order of an administrative officer, board, department,
23commission or other state agency purporting to be made pursuant to the statutes of
24the state. If so issued
such, the injunction or order shall be void.
AB354, s. 261
25Section
261. 813.12 (2) (a) of the statutes is amended to read:
AB354,95,12
1813.12
(2) (a) No action under this section may be commenced by complaint and
2summons. An action under this section may be commenced only by a petition
3described under sub. (5) (a). The action commences with service of the petition upon
4the respondent if a copy of the petition is filed before service or promptly after service.
5If the judge or
family a circuit court commissioner extends the time for a hearing
6under sub. (3) (c) and the petitioner files an affidavit with the court stating that
7personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was
8unsuccessful because the respondent is avoiding service by concealment or
9otherwise, the petitioner may serve the respondent by publication of the petition as
10a class 1 notice, under ch. 985, and by mailing if the respondent's post-office address
11is known or can with due diligence be ascertained. The mailing may be omitted if the
12post-office address cannot be ascertained with due diligence.
AB354, s. 262
13Section
262. 813.12 (2) (b) of the statutes is amended to read:
AB354,95,2214
813.12
(2) (b) A petition may be filed in conjunction with an action affecting the
15family commenced under ch. 767, but commencement of an action affecting the
16family or any other action is not necessary for the filing of a petition or the issuance
17of a temporary restraining order or an injunction. A judge or
family circuit court
18commissioner may not make findings or issue orders under s. 767.23 or 767.24 while
19granting relief requested only under this section. Section 813.06 does not apply to
20an action under this section. The respondent may respond to the petition either in
21writing before or at the hearing on the issuance of the injunction or orally at that
22hearing.
AB354, s. 263
23Section
263. 813.12 (3) (a) of the statutes is amended to read:
AB354,96,524
813.12
(3) (a) A judge or
family
circuit court commissioner shall issue a
25temporary restraining order ordering the respondent to refrain from committing acts
1of domestic abuse against the petitioner, to avoid the petitioner's residence, except
2as provided in par. (am), or any premises temporarily occupied by the petitioner or
3both, or to avoid contacting or causing any person other than a party's attorney to
4contact the petitioner unless the petitioner consents in writing, or any combination
5of these remedies requested in the petition, if all of the following occur:
AB354,96,76
1. The petitioner submits to the judge or
family
circuit court commissioner a
7petition alleging the elements set forth under sub. (5) (a).
AB354,96,168
2. The judge or
family circuit court commissioner finds reasonable grounds to
9believe that the respondent has engaged in, or based on prior conduct of the
10petitioner and the respondent may engage in, domestic abuse of the petitioner. In
11determining whether to issue a temporary restraining order, the judge or
family 12circuit court commissioner shall consider the potential danger posed to the petitioner
13and the pattern of abusive conduct of the respondent but may not base his or her
14decision solely on the length of time since the last domestic abuse or the length of time
15since the relationship ended. The judge or
family
circuit court commissioner may
16grant only the remedies requested or approved by the petitioner.
AB354, s. 264
17Section
264. 813.12 (3) (am) of the statutes is amended to read:
AB354,96,2418
813.12
(3) (am) If the petitioner and the respondent are not married, the
19respondent owns the premises where the petitioner resides and the petitioner has
20no legal interest in the premises, in lieu of ordering the respondent to avoid the
21petitioner's residence under par. (a) the judge or
family circuit court commissioner
22may order the respondent to avoid the premises for a reasonable time until the
23petitioner relocates and shall order the respondent to avoid the new residence for the
24duration of the order.
AB354, s. 265
25Section
265. 813.12 (3) (c) of the statutes is amended to read:
AB354,97,9
1813.12
(3) (c) The temporary restraining order is in effect until a hearing is held
2on issuance of an injunction under sub. (4). The temporary restraining order is not
3voided if the respondent is admitted into a dwelling that the order directs him or her
4to avoid. A judge or
family circuit court commissioner shall hold a hearing on
5issuance of an injunction within 7 days after the temporary restraining order is
6issued, unless the time is extended upon the written consent of the parties or
7extended once for 14 days upon a finding that the respondent has not been served
8with a copy of the temporary restraining order although the petitioner has exercised
9due diligence.
AB354, s. 266
10Section
266. 813.12 (3) (d) of the statutes is amended to read:
AB354,97,1511
813.12
(3) (d) The judge or
circuit court commissioner shall advise the
12petitioner of the right to serve the respondent the petition by published notice if with
13due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or
14(b). The clerk of circuit court shall assist the petitioner with the preparation of the
15notice and filing of the affidavit of printing.
AB354, s. 267
16Section
267. 813.12 (4) (a) (intro.) of the statutes is amended to read:
AB354,97,2317
813.12
(4) (a) (intro.) A judge or
family circuit court commissioner may grant
18an injunction ordering the respondent to refrain from committing acts of domestic
19abuse against the petitioner, to avoid the petitioner's residence, except as provided
20in par. (am), or any premises temporarily occupied by the petitioner or both, or to
21avoid contacting or causing any person other than a party's attorney to contact the
22petitioner unless the petitioner consents to that contact in writing, or any
23combination of these remedies requested in the petition, if all of the following occur:
AB354, s. 268
24Section
268. 813.12 (4) (a) 3. of the statutes is amended to read:
AB354,98,9
1813.12
(4) (a) 3. After hearing, the judge or
family circuit court commissioner
2finds reasonable grounds to believe that the respondent has engaged in, or based
3upon prior conduct of the petitioner and the respondent may engage in, domestic
4abuse of the petitioner. In determining whether to issue an injunction, the judge or
5family circuit court commissioner shall consider the potential danger posed to the
6petitioner and the pattern of abusive conduct of the respondent but may not base his
7or her decision solely on the length of time since the last domestic abuse or the length
8of time since the relationship ended. The judge or
family circuit court commissioner
9may grant only the remedies requested by the petitioner.
AB354, s. 269
10Section
269. 813.12 (4) (am) of the statutes is amended to read:
AB354,98,1711
813.12
(4) (am) If the petitioner and the respondent are not married, the
12respondent owns the premises where the petitioner resides and the petitioner has
13no legal interest in the premises, in lieu of ordering the respondent to avoid the
14petitioner's residence under par. (a) the judge or
family circuit court commissioner
15may order the respondent to avoid the premises for a reasonable time until the
16petitioner relocates and shall order the respondent to avoid the new residence for the
17duration of the order.
AB354, s. 270
18Section
270. 813.12 (4) (b) of the statutes is amended to read:
AB354,98,2419
813.12
(4) (b) The judge or
family
circuit court commissioner may enter an
20injunction only against the respondent named in the petition. No injunction may be
21issued under this subsection under the same case number against the person
22petitioning for the injunction. The judge or
family
circuit court commissioner may
23not modify an order restraining the respondent based solely on the request of the
24respondent.
AB354, s. 271
25Section
271. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB354,99,12
1813.12
(4m) (a) 2. Except as provided in par. (ag), require the respondent to
2surrender any firearms that he or she owns or has in his or her possession to the
3sheriff of the county in which the action under this section was commenced, to the
4sheriff of the county in which the respondent resides or to another person designated
5by the respondent and approved by the judge or
family
circuit court commissioner.
6The judge or
circuit court commissioner shall approve the person designated by the
7respondent unless the judge or
circuit court commissioner finds that the person is
8inappropriate and places the reasons for the finding on the record. If a firearm is
9surrendered to a person designated by the respondent and approved by the judge or
10family circuit court commissioner, the judge or
family circuit court commissioner
11shall inform the person to whom the firearm is surrendered of the requirements and
12penalties under s. 941.29 (4).
AB354, s. 272
13Section
272. 813.12 (4m) (b) (intro.) of the statutes is amended to read:
AB354,99,1614
813.12
(4m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
15returned to the respondent until a judge or
family
circuit court commissioner
16determines all of the following:
AB354, s. 273
17Section
273. 813.12 (4m) (b) 2. of the statutes is amended to read:
AB354,99,2118
813.12
(4m) (b) 2. That the person is not prohibited from possessing a firearm
19under any state or federal law or by the order of any federal court or state court, other
20than an order from which the judge or
family circuit court commissioner is competent
21to grant relief.
AB354, s. 274
22Section
274. 813.12 (5) (c) of the statutes is amended to read:
AB354,99,2423
813.12
(5) (c) A judge or
family
circuit court commissioner shall accept any
24legible petition for a temporary restraining order or injunction.
AB354, s. 275
25Section
275. 813.12 (6) (a) of the statutes is amended to read:
AB354,100,6
1813.12
(6) (a) If an order is issued under this section, upon request by the
2petitioner the court or
family circuit court commissioner shall order the sheriff to
3accompany the petitioner and assist in placing him or her in physical possession of
4his or her residence or to otherwise assist in executing or serving the temporary
5restraining order or injunction. The petitioner may, at the petitioner's expense, use
6a private process server to serve papers on the respondent.
AB354, s. 276
7Section
276. 813.12 (7m) of the statutes is amended to read:
AB354,100,108
813.12
(7m) Transcripts. The judge or
family circuit court commissioner shall
9record the temporary restraining order or injunction hearing upon the request of the
10petitioner.
AB354, s. 277
11Section
277. 813.122 (3) (a) of the statutes is amended to read:
AB354,100,1912
813.122
(3) (a) Procedure for an action under this section is in 2 parts. First,
13if the petitioner requests a temporary restraining order, the court or
circuit court
14commissioner shall issue or refuse to issue that order. Second, the court shall hold
15a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
16If the court or
circuit court commissioner issues a temporary restraining order, the
17order shall set forth the date for the hearing on an injunction. If the court or
circuit 18court commissioner does not issue a temporary restraining order, the date for the
19hearing shall be set upon motion by either party.
AB354, s. 278
20Section
278. 813.122 (3) (b) (intro.) of the statutes is amended to read:
AB354,100,2221
813.122
(3) (b) (intro.) The court or
circuit court commissioner, on its
or his or
22her own motion or the motion of any party, may order one or more of the following:
AB354, s. 279
23Section
279. 813.122 (3) (bm) of the statutes is amended to read:
AB354,100,2524
813.122
(3) (bm) The court or
circuit court commissioner shall appoint a
25guardian ad litem if the respondent is a parent of the child.
AB354, s. 280
1Section
280. 813.122 (4) (a) (intro.) of the statutes is amended to read:
AB354,101,82
813.122
(4) (a) (intro.) A judge or
circuit court commissioner shall issue a
3temporary restraining order ordering the respondent to avoid the child victim's
4residence or any premises temporarily occupied by the child victim or both, and to
5avoid contacting or causing any person other than a party's attorney to contact the
6child victim unless the petitioner consents in writing and the judge or
circuit court
7commissioner agrees that the contact is in the best interests of the child victim, if all
8of the following occur:
AB354, s. 281
9Section
281. 813.122 (4) (a) 1. of the statutes is amended to read:
AB354,101,1110
813.122
(4) (a) 1. The petitioner submits to the judge or
circuit court
11commissioner a petition alleging the elements set forth under sub. (6) (a).
AB354, s. 282
12Section
282. 813.122 (4) (a) 2. of the statutes is amended to read:
AB354,101,1513
813.122
(4) (a) 2. The judge or
circuit court commissioner finds reasonable
14grounds to believe that the respondent has engaged in, or based on prior conduct of
15the child victim and the respondent may engage in, abuse of the child victim.
AB354, s. 283
16Section
283. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB354,102,317
813.122
(5m) (a) 2. Except as provided in par. (ag), require the respondent to
18surrender any firearms that he or she owns or has in his or her possession to the
19sheriff of the county in which the action under this section was commenced, to the
20sheriff of the county in which the respondent resides or to another person designated
21by the respondent and approved by the judge or
circuit court commissioner. The
22judge or
circuit court commissioner shall approve the person designated by the
23respondent unless the judge or
circuit court commissioner finds that the person is
24inappropriate and places the reasons for the finding on the record. If a firearm is
25surrendered to a person designated by the respondent and approved by the judge or
1circuit court commissioner, the judge or
circuit court commissioner shall inform the
2person to whom the firearm is surrendered of the requirements and penalties under
3s. 941.29 (4).
AB354, s. 284
4Section
284. 813.122 (5m) (b) (intro.) of the statutes is amended to read:
AB354,102,75
813.122
(5m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
6returned to the respondent until a judge or
circuit court commissioner determines
7all of the following:
AB354, s. 285
8Section
285. 813.122 (5m) (b) 2. of the statutes is amended to read:
AB354,102,129
813.122
(5m) (b) 2. That the person is not prohibited from possessing a firearm
10under any state or federal law or by the order of any federal court or state court, other
11than an order from which the judge or
circuit court commissioner is competent to
12grant relief.
AB354, s. 286
13Section
286. 813.122 (9) (a) of the statutes is amended to read:
AB354,102,1714
813.122
(9) (a) If an order is issued under this section, upon request by the
15petitioner, the court or
circuit court commissioner, as applicable, shall order the
16sheriff to assist in executing or serving the temporary restraining order or
17injunction.
AB354, s. 287
18Section
287. 813.123 (3) (a) of the statutes is amended to read:
AB354,103,219
813.123
(3) (a) Procedure for an action under this section is in 2 parts. First,
20if the petitioner requests a temporary restraining order, the court or
circuit court
21commissioner shall issue or refuse to issue that order. Second, the court shall hold
22a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
23If the court or
circuit court commissioner issues a temporary restraining order, the
24order shall set forth the date for the hearing on an injunction. If the court or
circuit
1court commissioner does not issue a temporary restraining order, the date for the
2hearing shall be set upon motion by either party.