AB934: Bill Text

AB934,114,8 706.06 (2) Any public officer entitled by virtue of his or her office to administer oaths, and any member in good standing of the state bar State Bar of Wisconsin, may authenticate one or more of the signatures on an instrument relating to lands in this state, by indorsing endorsing the instrument "Acknowledged",," "Authenticated," or "Signatures Guaranteed",," or other words to similar effect, adding the date of authentication, his or her own signature, and his or her official or professional title. Such indorsement The endorsement, unless expressly limited, shall operate as an authentication of all signatures on the instrument; and shall constitute a certification that each authenticated signature is the genuine signature of the person represented; and, as to signatures made in a representative capacity, shall constitute a certification that the signer purported, and was believed, to be such representative.

Note: Conforms capitalization to current style. Inserts preferred spellings and phrase for parallel construction.

AB934, s. 289 Section 289. 707.49 (1) (d) 2. of the statutes is amended to read:

AB934,114,11 707.49 (1) (d) 2. An attorney who is a member of the state bar State Bar of Wisconsin.

Note: Conforms capitalization to current style.

AB934, s. 290 Section 290. 751.12 of the statutes is renumbered 751.12 (1) and amended to read:

AB934,114,22 751.12 (1) The state supreme court shall, by rules promulgated by it from time to time, regulate pleading, practice, and procedure in judicial proceedings in all courts, for the purpose purposes of simplifying the same and of promoting the speedy determination of litigation upon its merits. The rules shall not abridge, enlarge, or modify the substantive rights of any litigant. The effective dates for all rules adopted by the court shall be January 1 or July 1. A rule shall not become effective until 60 days after its adoption. All such rules promulgated under this section shall be printed by the state printer and paid for out of the state treasury, and the court shall direct the rules to be distributed as it deems considers proper.

AB934,115,4 (2) All statutes relating to pleading, practice, and procedure may be modified or suspended by rules promulgated under this section. No rule modifying or suspending such statutes relating to pleading, practice, and procedure may be adopted until the court has held a public hearing with reference to the rule.

AB934,115,11 (3) Notice of public hearings shall be given by publication of a class 3 notice, under ch. 985, the expense of the publication to be paid out of the state treasury. Notice shall also be given in an official publication of the state bar State Bar of Wisconsin, the notice to be published not more than 60 days nor less than 30 days before the date of hearing. The state bar State Bar of Wisconsin shall not charge the state treasury for publication of this notice. Proposed rules, including changes, if any, in existing rules, shall be set forth in full in the notice.

AB934,115,13 (4) This section shall not abridge the right of the legislature to enact, modify, or repeal statutes or rules relating to pleading, practice, or procedure.

AB934,115,15 (5) The judicial council shall act in an advisory capacity to assist the court in performing its duties under this section.

Note: Subdivides long provision, inserts specific references, replaces a disfavored term and conforms capitalization to current style.

AB934, s. 291 Section 291. 753.26 of the statutes is amended to read:

AB934,116,3 753.26 Office and records to be kept at county seat. Except in branches Nos. 4, 5, and 7 of the circuit court for Rock county County, every circuit judge in this state shall maintain in his or her office, at the county seat of the county in which the judge holds office, all of the books, papers, and records of the court at the county seat of the county in which the judge holds office, which. The office and the books, papers, and records thereof of the circuit judge shall at all reasonable times be open to access and inspection by any person having any business therewith with the books, papers, and records of the court, except as otherwise provided by law. Originals of judgments or orders made under circuit court jurisdiction of branches Nos. 4, 5, and 7 of the Rock County circuit court in Beloit, shall be kept at the county seat.

Note: Conforms capitalization to current style, reorders text and subdivides a sentence to improve readability, deletes disfavored terminology, and corrects punctuation.

AB934, s. 292 Section 292. 753.35 (1) of the statutes is amended to read:

AB934,116,17 753.35 (1) A circuit court may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice, and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule's effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the state bar State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

Note: Conforms capitalization to current style.

AB934, s. 293 Section 293. 753.35 (2) of the statutes is amended to read:

AB934,117,9 753.35 (2) The chief judge of the judicial administrative district shall file a local rule of trial court administration adopted or amended under SCR 70.34 with the court administrator for the judicial administrative district. The chief judge of the judicial administrative district shall file the local rule prior to the rule's effective date. The court administrator for the judicial administrative district shall send a copy of the filed adopted or amended rule to the clerks of circuit court in the judicial administrative district, the secretaries of the local bar associations in the district, the state bar State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the chief judge of the judicial administrative district written comments on a rule for the chief judge's consideration in determining whether revision of the rule is needed. The clerks of circuit court in the judicial administrative district shall print and make available to the public, at cost, all rules adopted under SCR 70.34.

Note: Conforms capitalization to current style.

AB934, s. 294 Section 294. 753.35 (3) of the statutes is amended to read:

AB934,117,13 753.35 (3) The state bar State Bar of Wisconsin, the state law library, and the clerks of court to whom copies of rules are sent under this section shall serve as repositories of the rules sent to them under subs. (1) and (2).

Note: Conforms capitalization to current style.

AB934, s. 295 Section 295. 757.293 (3) of the statutes is amended to read:

AB934,118,7 757.293 (3) A member of the state bar State Bar of Wisconsin shall file with the state bar annually, with payment of the member's state bar dues or upon such other date as approved by the supreme court, a certificate stating whether the member is engaged in the private practice of law in Wisconsin and, if so, the name of each bank, trust company, credit union, savings bank, or savings and loan association in which the member maintains a trust account, safe deposit box, or both, as required by this section. A partnership or professional legal corporation may file one certificate on behalf of its partners, associates, or officers who are required to file under this section. The failure of a member to file the certificate required by this section is grounds for automatic suspension of the member's membership in the state bar in the same manner as provided in section 6 of rule 2 of the Rules of the State Bar of Wisconsin for nonpayment of dues. The filing of a false certificate is unprofessional conduct and is grounds for disciplinary action. The state bar shall supply to each member, with the annual dues statement or at such other time as directed by the supreme court, a form on which the certification must be made and a copy of this section.

Note: Conforms capitalization to current style.

AB934, s. 296 Section 296. 757.83 (1) (a) of the statutes is amended to read:

AB934,118,14 757.83 (1) (a) There is created a judicial commission of 9 members: 5 nonlawyers nominated by the governor and appointed with the advice and consent of the senate; one trial judge of a court of record and one court of appeals judge appointed by the supreme court; and 2 members of the state bar State Bar of Wisconsin, who are not judges or court commissioners, appointed by the supreme court. The commission shall elect one of its members as chairperson.

Note: Conforms capitalization to current style.

AB934, s. 297 Section 297. 757.83 (4) of the statutes is amended to read:

AB934,118,19 757.83 (4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the state bar State Bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

Note: Conforms capitalization to current style.

AB934, s. 298 Section 298. 758.13 (3) (b) of the statutes is amended to read:

AB934,119,3 758.13 (3) (b) The council may promulgate and modify rules for the conduct of its proceedings in the exercise of its powers. The council may meet at such time and place as it determines but at least once every 3 months. It shall meet upon call of the chairperson or a call signed by 5 members of the council. Nine Eleven members shall constitute a quorum.

Note: Under s. 758.13 (1), the judicial council has 21 members, thus requiring 11 members for a quorum, not 9.

AB934, s. 299 Section 299. 779.32 (8) (a) 2. of the statutes is amended to read:

AB934,119,10 779.32 (8) (a) 2. The person owing the commission or compensation pays an amount equal to 125% of the commission or compensation owed into the trust account of the broker or the trust account of any attorney who does not represent any party to the dispute and who is in good standing with the state bar State Bar of Wisconsin. The moneys shall be held in escrow until disbursed pursuant to the written mutual agreement of the parties or pursuant to a court order.

Note: Conforms capitalization to current style.

AB934, s. 300 Section 300. 788.04 (2) (a) of the statutes is amended to read:

AB934,119,14 788.04 (2) (a) One arbitrator shall be appointed by the court from a list of attorneys with trial experience. The list shall be prepared and periodically revised by the state bar State Bar of Wisconsin.

Note: Conforms capitalization to current style.

AB934, s. 301 Section 301. 803.03 (2) (b) of the statutes is renumbered 803.03 (2) (b) 1. (intro.) and amended to read:

AB934,119,18 803.03 (2) (b) 1. (intro.) Any party joined pursuant to par. (a) may 1. participate do any of the following:

AB934,119,19 a. Participate in the prosecution of the action, 2. agree.

AB934,119,21 b. Agree to have his or her interest represented by the party who caused the joinder, or 3. move.

AB934,119,22 c. Move for dismissal with or without prejudice.

AB934,120,2 2. If the party joined chooses to participate in the prosecution of the action, the party joined shall have an equal voice with other claimants in such the prosecution.

AB934,120,10 3. Except as provided in par. (bm), if the party joined chooses to have his or her interest represented by the party who caused the joinder, the party joined shall sign a written waiver of the right to participate which that shall express consent to be bound by the judgment in the action. Such The waiver shall become binding when filed with the court, but a party may withdraw the waiver upon timely motion to the judge to whom the case has been assigned with notice to the other parties. A party who represents the interest of another party and who obtains a judgment favorable to such the other party may be awarded reasonable attorneys fees by the court.

AB934,120,15 4. If the party joined moves for dismissal without prejudice as to his or her claim, the party shall demonstrate to the court that it would be unjust to require the party to prosecute the claim with the principal claim. In determining whether to grant the motion to dismiss, the court shall weigh the possible prejudice to the movant against the state's interest in economy of judicial effort.

Note: Subdivides provision to conform numbering with current style and to improve readability. Replaces disfavored terms.

AB934, s. 302 Section 302. 814.60 (2) (intro.), (a) and (ag) of the statutes are amended to read:

AB934,120,19 814.60 (2) (intro.) In addition to any fine imposed, a defendant shall be required to pay any applicable of the following that applies:

AB934,120,20 (a) Penalty The penalty assessment imposed by s. 757.05;.

AB934,120,21 (ag) Jail The jail assessment imposed by s. 302.46 (1);.

Note: Conforms the form of the (intro.), paragraph beginnings, and punctuation to current style.

AB934, s. 303 Section 303. 814.60 (2) (ai) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB934,121,4 814.60 (2) (ai) Consumer The consumer protection assessment imposed by s. 100.261.

Note: Conforms the form of the paragraph beginning to current style.

AB934, s. 304 Section 304. 814.60 (2) (am) to (d) of the statutes are amended to read:

AB934,121,7 814.60 (2) (am) Crime The crime victim and witness assistance surcharge imposed by s. 973.045;.

AB934,121,9 (an) Crime The crime laboratories and drug law enforcement assessment imposed under s. 165.755.

AB934,121,11 (ap) Deoxyribonucleic The deoxyribonucleic acid analysis surcharge imposed by s. 973.046;.

AB934,121,13 (b) Domestic The domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055;.

AB934,121,14 (bm) Uninsured The uninsured employer assessment imposed by s. 102.85 (4);.

AB934,121,15 (c) Driver The driver improvement surcharge imposed by s. 346.655;.

AB934,121,16 (cg) Enforcement The enforcement assessment imposed by s. 253.06 (4) (c).

AB934,121,18 (cn) Drug The drug abuse program improvement surcharge imposed by s. 961.41 (5).

AB934,121,19 (cs) Environmental The environmental assessment imposed by s. 299.93.

AB934,121,20 (d) Natural The natural resources assessment imposed by s. 29.987; and.

Note: Conforms the form of the paragraph beginnings and punctuation to current style.

AB934, s. 305 Section 305. 814.60 (2) (e) of the statutes, as affected by 2001 Wisconsin Act 56, is amended to read.

AB934,122,2 814.60 (2) (e) Natural The natural resources restitution payment imposed by s. 169.46 (2) or 29.989.

Note: Conforms the form of the paragraph beginning to current style.

AB934, s. 306 Section 306. 814.60 (2) (eg) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB934,122,6 814.60 (2) (eg) Truck The truck driver education assessment imposed by s. 349.04.

Note: Conforms the form of the paragraph beginning to current style.

AB934, s. 307 Section 307. 814.60 (2) (em) and (f) of the statutes are amended to read:

AB934,122,9 814.60 (2) (em) Wild The wild animal protection assessment imposed by s. 29.983.

AB934,122,10 (f) Weapons The weapons assessment imposed by s. 167.31 (5).

Note: Conforms the form of the paragraph beginnings to current style.

AB934, s. 308 Section 308. 840.10 (1) (b) of the statutes is amended to read:

AB934,122,13 840.10 (1) (b) A lis pendens that is prepared by a member of the state bar State Bar of Wisconsin need not be authenticated.

Note: Conforms capitalization to current style.

AB934, s. 309 Section 309. 893.36 (1) of the statutes is renumbered 893.36 (1m).

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next two sections of this bill.

AB934, s. 310 Section 310. 893.36 (2) of the statutes is amended to read:

AB934,122,19 893.36 (2) This section does not apply to actions based upon a sale of livestock occurring prior to April 3, 1980, nor to an action by a secured party against its debtor. Section 893.35 or 893.51 applies to any action described in sub. (1) (1m) if the limitation described in sub. (1) (1m) is not applicable.

Note: Sub. (1) is renumbered to sub. (1m) by this bill.