SCR 70.40. Venue in prisoner cases

Venue in prisoner cases.

(1)

The clerk of circuit court shall use the “IP” (incarcerated

person) case type designation to identify pleadings and papers

submitted by any prisoner, as defined in s. 801.02(7)(a)2, stats., seeking

to commence, prosecute or defend an action or proceeding under s.

814.29(1m), stats., without the prepayment of costs and fees.

(1m) The clerk of circuit court shall use the family, criminal or

civil case type designations when those designations are appropriate

and applicable costs and fees are prepaid. The case type designation

for any case designated “IP” under sub. (1) shall be changed to and

proceed under the appropriate civil case designation whenever a court

orders the case commenced under s. 814.29(1m), stats., without the

prepayment of costs and fees.

(2)

The court shall determine as much of the following as is

necessary, based on the pleadings and papers submitted by a prisoner,

in the following order:

(am) Whether all required documentation has been submitted.

(bm) Whether all available administrative remedies have been

exhausted.

(cm) Whether the prisoner is precluded from filing without the

prepayment of costs and fees under s. 801.02(7)(d), stats.

(dm) Whether the prisoner is indigent.

(em) In what manner the filing fees and costs are to be paid.

(fm) Whether the case should be dismissed without requiring the

defendant to answer for a reason set forth in s. 802.05(3)(b), stats.

(g) Whether the venue where the pleadings and papers are

submitted is proper.

(h) Whether venue is also proper in another county.

(i) Whether an evidentiary hearing is likely to be needed.

In what manner the filing fees and costs are to be paid.

(fm) Whether the case should be dismissed without requiring the

defendant to answer for a reason set forth in s. 802.05(3)(b), stats.

(g) Whether the venue where the pleadings and papers are

submitted is proper.

(h) Whether venue is also proper in another county.

(i) Whether an evidentiary hearing is likely to be needed.

(j) Whether another county where venue is proper is more

convenient for the parties and the witnesses.

(3) If sub. (2) (h), (i) and (j) are all answered in the affirmative,

the court on its own motion shall change venue to the more convenient

county under s. 801.52, stats. The clerk of the circuit court shall

forward the case to the clerk of circuit court in the more convenient

county and shall give notice of that action to the parties. Any order

changing venue shall direct payment of costs and fees to the county to

which venue is transferred.

(4) If the court to which the case is forwarded under sub. (3)

believes an error has been made in the determination that venue is

proper in that court, that court shall refer the matter to the chief judge

of the district in which that court is located to resolve the matter.

70.41 Assistance to court users; court staff guidelines.

(1) Definitions. In this rule:

(a) "Court" means an appellate, circuit, or municipal court.

(b) "Court staff" means persons under the supervision of the clerk

of the supreme court and court of appeals, a clerk of circuit court, a

circuit court commissioner, a register in probate, a district court

administrator, a circuit court judge, or a municipal court judge.

(c) "Forms" means any of the following:

1. Forms that have been approved by the records management

committee.

2. Forms that have been approved by a circuit court or

municipal judge for use in that jurisdiction.

of appeals, a clerk of circuit court, a

circuit court commissioner, a register in probate, a district court

administrator, a circuit court judge, or a municipal court judge.

(c) "Forms" means any of the following:

1. Forms that have been approved by the records management

committee.

2. Forms that have been approved by a circuit court or

municipal judge for use in that jurisdiction.

(d) "Individual" means any person who seeks court-related

information, including information needed to file, pursue, or respond to

a case.

(e) "Should" is directory only, not mandatory, and connotes a

duty or obligation to pursue a goal or objective.

(2) Purpose. The purpose of this rule is to assist the court in

communicating with individual court users without practicing law. The

rule is intended to enable court staff to provide the best service possible

to individuals within the limits of the individual staff member's

responsibility. The rule is not intended to restrict powers of court staff

otherwise provided by statute or rule nor is it intended to eliminate the

collection of applicable fees or costs. The rule is not intended to list all

assistance that can be provided. The rule recognizes that the best

service the court staff may provide in many proceedings is advising an

individual to seek the assistance of an attorney.

(3) Impartiality. Court staff shall remain impartial and may not

provide or withhold assistance for the purpose of giving one party an

advantage over another.

(4) Authorized information and assistance. Court staff shall do

all of the following:

(a) Provide public information contained in any of the following:

1.

Dockets or calendars.

2.

Case files.

3.

Indexes.

4.

Existing reports.

(b) Provide a copy of, or recite, any of the following:

1.

Common, routinely employed state and local court rules.

2.

Common, routinely employed court procedures.

3.

Common, routinely employed applicable fees and costs.

all of the following:

(a) Provide public information contained in any of the following:

1.

Dockets or calendars.

2.

Case files.

3.

Indexes.

4.

Existing reports.

(b) Provide a copy of, or recite, any of the following:

1.

Common, routinely employed state and local court rules.

2.

Common, routinely employed court procedures.

3.

Common, routinely employed applicable fees and costs.

(c) Advise an individual where to find statutes and rules, without

advising whether a particular statute or rule is applicable.

(d) Identify and provide applicable forms and written

instructions without providing advice or recommendations as to any

specific course of action.

(e) Answer questions about how to complete forms, such as

where to write in particular types of information, but not questions

about how the individual should phrase his or her responses on the

forms.

(f) Define terms commonly used in court processes.

(g) Provide phone numbers for lawyer referral services, local

attorney rosters, or other assistance services, such as Internet resources,

known to the court staff.

(h) Provide appropriate aids and services for individuals with

disabilities to the extent required by the Americans With Disabilities

Act of 1990, 42 U.S.C. 12101 et seq.

(5) Unauthorized information and assistance. Court staff may

not do any of the following:

(a) Provide legal advice or recommend a specific course of

action for an individual.

(b) Apply the law to the facts of a given case, or give directions

regarding how an individual should respond or behave in any aspect of

the legal process.

(c) Recommend whether to file a petition or other pleading.

(d) Recommend phrasing for or specific content of pleadings.

(e) Fill in a form, unless required by sub. 4 (h).

(f) Recommend specific people against whom to file petitions or

other pleadings.

(g) Recommend specific types of claims or arguments to assert

in pleadings or at trial.

ve in any aspect of

the legal process.

(c) Recommend whether to file a petition or other pleading.

(d) Recommend phrasing for or specific content of pleadings.

(e) Fill in a form, unless required by sub. 4 (h).

(f) Recommend specific people against whom to file petitions or

other pleadings.

(g) Recommend specific types of claims or arguments to assert

in pleadings or at trial.

(h) Recommend what types or amount of damages to seek or the

specific individuals from whom to seek damages.

(i) Recommend specific questions to ask witnesses or litigants.

(j) Recommend specific techniques for presenting evidence in

pleadings or at trial.

(k) Recommend which objections to raise regarding an

opponent’s pleadings or motions at trial or when and how to raise them.

(l) Recommend when or whether an individual should request or

oppose an adjournment.

(m) Recommend when or whether an individual should settle a

dispute.

(n) Recommend whether an individual should appeal a judge’s

decision.

(o) Interpret the meaning or implications of statutes or appellate

court decisions as they might apply to an individual case.

(p) Perform legal research.

(q) Predict the outcome of a particular case, strategy, or action.

(6) Referral to supervisor. When a court staff member is

uncertain whether the advice or information requested is authorized, the

staff member should seek the assistance of a supervisor. If a supervisor

is not available, the staff member should advise the individual to seek

assistance from an attorney.

COMMENT

Court staff shall provide a copy of a common rule, but court staff should not attempt to

apply the rule to the facts in the individual’s case. Sometimes, after court staff provides a rule, an

individual will ask whether or how the rule would apply, or if the rule might be applied differently,

given the facts in his or her case. This calls for an interpretation of the law or rule of procedure.

Court staff shall avoid offering interpretations of laws or rules

hould not attempt to

apply the rule to the facts in the individual’s case. Sometimes, after court staff provides a rule, an

individual will ask whether or how the rule would apply, or if the rule might be applied differently,

given the facts in his or her case. This calls for an interpretation of the law or rule of procedure.

Court staff shall avoid offering interpretations of laws or rules.

In providing assistance regarding forms, court staff may inform individuals that some

general content may be required in a pleading, such as identification of the other parties involved in

the accident or a description of the facts surrounding the accident. But court staff may not tell an

individual whom to identify or which particular facts might be relevant in the pleading.

Court staff should, if possible, provide or direct an individual to pamphlets or other

documents that may address an individual's question and that have been prepared for general

distribution to the public.

Court staff may not compute deadlines specified by statute or rule.

Court staff may not perform legal research. Court staff may refer individuals to sections

of the Wisconsin supreme court rules, local court rules, or Wisconsin statutes that govern matters of

routine administration, practice, or procedure and they may give definitions of common, well-

defined legal terms used in those sections. However, court staff shall not interpret the meaning of

statutes or rules.

The list of prohibited types of assistance set forth under sub. 70.41(5) is not comprehensive. The

list is consistent with the statutory directives in ss. 757.22 and 757.30(2), stats., regarding the

practice of law by judicial officers and the unauthorized practice of law.

70.42 Electronic Signatures.

(1) Definitions. In this rule:

f shall not interpret the meaning of

statutes or rules.

The list of prohibited types of assistance set forth under sub. 70.41(5) is not comprehensive. The

list is consistent with the statutory directives in ss. 757.22 and 757.30(2), stats., regarding the

practice of law by judicial officers and the unauthorized practice of law.

70.42 Electronic Signatures.

(1) Definitions. In this rule:

(a) "Court official" means a circuit court judge, clerk of circuit

court, register in probate, juvenile clerk, court commissioner appointed

under section 757.68 and SCR 75.02 (1), justice of the supreme court,

judge of the court of appeals, and the clerk of the supreme and appellate

courts.

(b) "Electronic signature" means an electronic sound, symbol, or

process attached to or logically associated with a document and

executed or adopted by a person with the intent to sign the document.

For purposes of the electronic filing system under s. 801.18, stats., a

document is electronically signed if it is issued by a court official

through the court case management system and bears the name of the

court official in the place where a signature would otherwise appear.

“Electronic signature” includes only those signature technologies

specifically approved by the director.

(c) "Signature," for a document that is electronically filed or

issued by the court or clerk, means either an electronic signature applied

to an electronic document or a handwritten signature that is

subsequently imaged.

urt official in the place where a signature would otherwise appear.

“Electronic signature” includes only those signature technologies

specifically approved by the director.

(c) "Signature," for a document that is electronically filed or

issued by the court or clerk, means either an electronic signature applied

to an electronic document or a handwritten signature that is

subsequently imaged.

(2) Secure electronic signatures may be provided by the

consolidated court automation program for use by court officials who

sign electronic documents. The electronic signature shall be treated as

the court official's personal original signature for all purposes under

Wisconsin statutes and court rules. An electronic signature may be

used on all court documents, including those documents described in

section 137.12 (2m) of the statutes. The official's printed name shall be

inserted in place of a handwritten signature.

(3) A court official may delegate the use of his or her electronic

signature to an authorized designee, using the security procedures of

the consolidated court automation program. A court official is

responsible for any use of his or her electronic signature by an

authorized designee. Court officials shall safeguard the security of their

electronic signatures and exercise care in delegating the electronic

signature.

(4) An electronic signature shall be used only by the official to

whom it is assigned and by such designees as the official may authorize.

Upon learning that the confidentiality of the electronic signature has

been inadvertently or improperly disclosed, the court official shall

immediately report that fact to the consolidated court automation

program.

(5) Court officials may use their electronic signatures for

administrative purposes. If the signature of a court official is required

on a document, an electronic signature satisfies that requirement.

Electronically signed documents may be stored electronically for the

proper retention period.

court official shall

immediately report that fact to the consolidated court automation

program.

(5) Court officials may use their electronic signatures for

administrative purposes. If the signature of a court official is required

on a document, an electronic signature satisfies that requirement.

Electronically signed documents may be stored electronically for the

proper retention period.

(6) Electronic signatures may be provided to the director of state

courts and such employees as the director may designate for

administrative purposes. At the discretion of the director, an employee

may be provided with his or her own electronic signature if appropriate

for the conduct of official business. The electronic signature shall be

treated as the person's original signature.

(7) The chief justice, chief judges, and director of state courts

may use their electronic signatures for the assignment of judges

pursuant to SCR 70.23 and 70.24. A district court administrator may

be the designee of the chief judges for purposes of judicial assignment.

Amended April 26, 1982; July 27, 1982; March 1, 1983; May 30, 1984; March 12, 1987;

June 3, 1988; December 20, 1990; February 1, 1991; October 15, 1991; November 1, 1991; February

19, 1992; June 2, 1992; September 1, 1992; December 2, 1992; May 3, 1994; October 25, 1994;

October 31, 1994; June 19, 1995; January 13, 1997; July 2, 1997; September 12, 1997; October 15,

1998; October 7, 1999; September 21, 2000; December 18, 2000; April 6, 2001; April 6, 2001; April

30, 2002; May 3, 2002; November 14, 2002; December 9, 2004; April 15, 2005; April 19, 2005; June

3, 2005; April 2, 2008; April 29, 2008; and May 1, 2008; July 1, 2011, March 15, 2012; February 16,

2015; July 1, 2016; November 15, 2016; April 11, 2018; April 22, 2019; February 13, 2020;

January 1, 2025.