(a) Generally.
(1) In proceedings upon which no indictment is necessary (see Fed. R.
Crim. P. 7(a)), deadlines in these local rules that commence with arraignment
on an indictment instead commence with the entry of a not guilty plea on the
trial document. (See Fed. R. Crim. P. 58(b)(1).)
(2) Except as provided in Criminal L. R. 58(a)(3), the defendant in an
action on an infraction, as defined in 18 U.S.C. § 19, and listed specifically in
a schedule published by order of the Court pursuant to this rule, may pay the
collateral fixed on the citation or complaint, if any, in lieu of appearance and
by doing so authorizes the termination of proceedings and a default judgment
in the amount of the sum fixed, pursuant to Fed. R. Crim. P. 58(d). The
voluntary forfeiture of collateral under this rule must be treated as a finding
of guilt on the infraction charged in the citation or complaint. Government
counsel and the Clerk of Court then may execute such judgment without
further notice to the defendant. If a person charged with an infraction under
this rule fails to post and forfeit collateral, any punishment authorized by law
may be imposed upon a finding of guilt.
(3) This rule does not preclude the arrest or the detention of any person
accused of an infraction, as defined by 18 U.S.C. § 19, or requiring the person
accused to appear in person before a judge, to the extent allowed by law.
(b) Trial of Misdemeanors and Other Petty Offense Cases.
(1) All misdemeanor cases are randomly assigned to the magistrate
judges in this District, who are authorized to conduct any or all proceedings in
such matters. All petty offense cases on the District’s docket for a particular
month are assigned to the magistrate judge of this District who is the duty
magistrate judge for that month. If proceedings in a petty offense case continue
past that duty month, further proceedings on the case are presided over by the
duty magistrate judge for the month in which the proceedings continue, unless
otherwise ordered by the magistrate judge who originally presided over the
matter.
(2) In all such cases in which the consent of the defendant is required,
the magistrate judge must explain to defendant that the person has a right to
trial, judgment, and sentencing by a district judge, and that the person may
have a right to trial by jury before a district judge or magistrate judge. The
magistrate judge must not try the case unless the defendant consents to be
tried before the magistrate judge, specifically waiving a trial, judgment, and
sentencing by a district judge. If the defendant elects to be tried before a
district judge, the magistrate judge must return the case to the Clerk of Court’s
office, which must randomly reassign the case to a district judge.
APPENDIX
STIPULATED PROTECTIVE ORDER TEMPLATE
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
__________________, )
)
Plaintiff, )
)
v. )
) Case No. _______________
__________________, )
)
Defendant. )
)
)
[PROPOSED] PROTECTIVE ORDER
Based on the Stipulation of the parties and the factual representations set
forth therein, the Court finds that exchange of sensitive information between or
among the parties and/or third parties other than in accordance with this Order may
cause unnecessary damage and injury to the parties or to others. The Court further
finds that the terms of this Order are fair and just and that good cause has been
shown for entry of a protective order governing the confidentiality of documents
produced in discovery, answers to interrogatories, answers to requests for admission,
and deposition testimony.
IT IS THEREFORE ORDERED THAT, pursuant to Fed. R. Civ. P. 26(c)
and Civil L. R. 26(e):
Appendix Page 1
(A) DESIGNATION OF CONFIDENTIAL OR ATTORNEYS’ EYES
ONLY INFORMATION. Designation of information under this Order must be made
by placing or affixing on the document or material, in a manner that will not interfere
with its legibility, the words “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
(1) One who produces information, documents, or other material may
designate them as “CONFIDENTIAL” when the person in good faith believes
they contain trade secrets or nonpublic confidential technical, commercial,
financial, personal, or business information.
(2) One who produces information, documents, or other material may
designate them as “ATTORNEYS’ EYES ONLY” when the person in good faith
believes that they contain particularly sensitive trade secrets or other
nonpublic confidential technical, commercial, financial, personal, or business
information that requires protection beyond that afforded by a
CONFIDENTIAL designation.
(3) Except for information, documents, or other materials produced for
inspection at the party’s facilities, the designation of confidential information
as CONFIDENTIAL or ATTORNEYS’ EYES ONLY must be made prior to, or
contemporaneously with, their production or disclosure. In the event that
information, documents or other materials are produced for inspection at the
party’s facilities, such information, documents, or other materials may be
produced for inspection before being marked confidential. Once specific
information, documents, or other materials have been designated for copying,
any information, documents, or other materials containing confidential
information will then be marked confidential after copying but before delivery
to the party who inspected and designated them. There will be no waiver of
confidentiality by the inspection of confidential information, documents, or
other materials before they are copied and marked confidential pursuant to
this procedure.
(4) Portions of depositions of a party’s present and former officers,
directors, employees, agents, experts, and representatives will be deemed
confidential only if designated as such when the deposition is taken or within
30 days of receipt of the deposition transcript.
Appendix Page 2
(5) If a party inadvertently produces information, documents, or
other material containing CONFIDENTIAL or ATTORNEYS’ EYES ONLY
information without marking or labeling it as such, the information,
documents, or other material shall not lose its protected status through such
production and the parties shall take all steps reasonably required to assure
its continued confidentiality if the producing party provides written notice to
the receiving party within 10 days of the discovery of the inadvertent
production, identifying the information, document or other material in
question and of the corrected confidential designation.
(B) DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.
Information, documents, or other material designated as CONFIDENTIAL OR
ATTORNEYS’ EYES ONLY under this Order must not be used or disclosed by the
parties or counsel for the parties or any persons identified in subparagraphs (B)(1)
and (2) below for any purposes whatsoever other than preparing for and conducting
the litigation in which the information, documents, or other material were disclosed
(including appeals). The parties must not disclose information, documents, or other
material designated as confidential to putative class members not named as plaintiffs
in putative class litigation unless and until one or more classes have been certified.
Nothing in this Order prohibits a receiving party that is a government agency from
following its routine uses and sharing such information, documents or other material
with other government agencies or self-regulatory organizations as allowed by law.
(1) CONFIDENTIAL INFORMATION. The parties and counsel for
the parties must not disclose or permit the disclosure of any information,
documents or other material designated as “CONFIDENTIAL” by any other
party or third party under this Order, except that disclosures may be made in
the following circumstances:
(a) Disclosure may be made to employees of counsel for the
parties or, when the party is a government entity, employees of the
government, who have direct functional responsibility for the
preparation and trial of the lawsuit. Any such employee to whom counsel
for the parties makes a disclosure must be advised of, and become
subject to, the provisions of this Order requiring that the information,
documents, or other material be held in confidence.
Appendix Page 3
(b) Disclosure may be made only to employees of a party
required in good faith to provide assistance in the conduct of the
litigation in which the information was disclosed who are identified as
such in writing to counsel for the other parties in advance of the
disclosure of the confidential information, documents or other material.
(c) Disclosure may be made to court reporters engaged for
depositions and those persons, if any, specifically engaged for the limited
purpose of making copies of documents or other material. Before
disclosure to any such court reporter or person engaged in making
copies, such reporter or person must agree to be bound by the terms of
this Order.
(d) Disclosure may be made to consultants, investigators, or
experts (collectively “experts”) employed by the parties or counsel for the
parties to assist in the preparation and trial of the lawsuit. Before
disclosure to any expert, the expert must be informed of and agree to be
subject to the provisions of this Order requiring that the information,
documents, or other material be held in confidence.
(e) Disclosure may be made to deposition and trial witnesses
in connection with their testimony in the lawsuit and to the Court and
the Court’s staff.
(f) Disclosure may be made to persons already in lawful and
legitimate possession of such CONFIDENTIAL information.
(2) ATTORNEYS’ EYES ONLY INFORMATION. The parties and
counsel for the parties must not disclose or permit the disclosure of any
information, documents, or other material designated as “ATTORNEYS’ EYES
ONLY” by any other party or third party under this Order to any other person
or entity, except that disclosures may be made in the following circumstances:
(a) Disclosure may be made to counsel and employees of
counsel for the parties who have direct functional responsibility for the
preparation and trial of the lawsuit. Any such employee to whom counsel
for the parties makes a disclosure must be advised of, and become
Appendix Page 4
subject to, the provisions of this Order requiring that the information,
documents, or other material be held in confidence.
(b) Disclosure may be made to court reporters engaged for
depositions and those persons, if any, specifically engaged for the limited
purpose of making copies of documents or other material. Before
disclosure to any such court reporter or person engaged in making
copies, such reporter or person must agree to be bound by the terms of
this Order.
(c) Disclosure may be made to consultants, investigators, or
experts (collectively “experts”) employed by the parties or counsel for the
parties to assist in the preparation and trial of the lawsuit. Before
disclosure to any expert, the expert must be informed of and agree to be
subject to the provisions of this Order requiring that the information,
documents, or other material be held in confidence.
(d) Disclosure may be made to deposition and trial witnesses
in connection with their testimony in the lawsuit and to the Court and
the Court’s staff.
(e) Disclosure may be made to persons already in lawful and
legitimate possession of such ATTORNEYS’ EYES ONLY information.
(C) MAINTENANCE OF CONFIDENTIALITY. Except as provided in
subparagraph (B), counsel for the parties must keep all information, documents, or
other material designated as confidential that are received under this Order secure
within their exclusive possession and must place such information, documents, or
other material in a secure area.
(1) All copies, duplicates, extracts, summaries, or descriptions
(hereinafter referred to collectively as “copies”) of information, documents, or
other material designated as confidential under this Order, or any portion
thereof, must be immediately affixed with the words “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” if not already containing that designation.
(2) To the extent that any answers to interrogatories, transcripts of
depositions, responses to requests for admissions, or any other papers filed or
Appendix Page 5
to be filed with the Court reveal or tend to reveal information claimed to be
confidential, these papers or any portion thereof must be filed under seal by
the filing party with the Clerk of Court utilizing the procedures set forth in
General L. R. 79(d). If a Court filing contains information, documents, or other
materials that were designated “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY” by a third party, the party making the filing shall provide notice of the
filing to the third party.
(D) CHALLENGES TO CONFIDENTIALITY DESIGNATION. A party
may challenge the designation of confidentiality by motion. The movant must
accompany such a motion with the statement required by Civil L. R. 37. The
designating party bears the burden of proving that the information, documents, or
other material at issue are properly designated as confidential. The Court may award
the party prevailing on any such motion actual attorney fees and costs attributable
to the motion.
(E) CONCLUSION OF LITIGATION. At the conclusion of the litigation,
a party may request that all information, documents, or other material not filed with
the Court or received into evidence and designated as CONFIDENTIAL or
ATTORNEYS’ EYES ONLY under this Order must be returned to the originating
party or, if the parties so stipulate, destroyed, unless otherwise provided by law.
Notwithstanding the requirements of this paragraph, a party may retain a complete
set of all documents filed with the Court, subject to all other restrictions of this Order.
Appendix Page 6
