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Order on Prisoners

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Order on Prisoner's Petition for Waiver of Prepayment of Fees/Costs

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY

-vs-

Order on Prisoner's
Petition for
Waiver of Prepayment
of Fees/Costs

Case No.

COURT FINDINGS AND ORDER

Document Review Determination: (Check box 1 or 2)

1. The prisoner has submitted all required documentation.

2. The petition is DENIED because the prisoner failed to provide the following documentation:

a. Exhaustion of all available administrative remedies (required if the underlying proposed action relates to prison or jail conditions):

documents the prisoner provided to the administrative agency as part of the administrative proceeding;

documents from the administrative agency provided to the prisoner related to the administrative proceeding; and/or,

documents included as part of any administrative appeal.

b. Original Wisconsin Department of Justice certification (form DJ-LS-22) concerning prior dismissals dated within thirty days of the date of the petition. Document to have raised seal; a copy is insufficient.

c. Authorization to withhold money from prisoner trust fund account (on DOC form 1930 provided by the Department of Corrections).

d. A certified copy of the prisoner trust fund account for the six months preceding the date of the petition.

e. A properly completed affidavit of indigency (form CV-438).

f. Sufficient copies of the pleadings.

g. Other:

If box #1 is checked, proceed to the exhaustion of administrative remedies determination.
If box #2 is checked, do not consider the remaining sections.

Exhaustion of Administrative Remedies Determination: (Check box 3 or 4)

3. The prisoner has either exhausted all available administrative remedies or is not required to do so because the underlying proposed action does not relate to jail or prison conditions.

4. The prisoner has not exhausted all available administrative remedies. The petition to proceed without prepayment of filing fees and costs is DENIED.

If box #3 is checked, proceed to the three dismissals determination.
If box #4 is checked, do not consider the remaining sections.

Three Dismissals Determination: (Check box 5 or 6)

5. The prisoner has not accumulated three or more dismissals pursuant to §801.02(7)(d), Wisconsin Statutes, or is not subject to the ‘Three Dismissals’ rule because s/he has sufficient funds within his/her trust fund and/or release account to pay the filing fee in full.

6. The prisoner has, on three or more prior occasions, while he or she was incarcerated, imprisoned, confined or detained in a jail or prison, brought an appeal, writ of error, action or special proceeding, including a petition for a common law writ or certiorari, that was dismissed by a state or federal court for the reasons listed in §802.05(3)(b) 1 to 4. The petition to proceed without prepayment of filing fees and costs is DENIED.

If box #5 is checked, proceed to the economic status determination.
If box #6 is checked, do not consider the remaining section.

Economic Status Determination: (Check box 7, 8, or 9)

7. The petition is GRANTED because:

• The prisoner is indigent;

• The prisoner authorized in writing the agency having custody of the prisoner's prison trust fund and/or release account to forward payments from the prisoner's account to the clerk of court each time the amount in the account exceeds $10 until the fees or costs are paid in full.

The agency having custody of the prisoner's prison trust fund and/or release account shall freeze the prisoner's trust fund account while such payments are being made and shall forward the payments to the clerk of court as provided by law.

The action may be commenced without prepayment of filing fees. The sheriff shall serve all necessary documents without prepayment of service fees. If the prisoner receives a money judgment or monetary settlement, the amount shall be used to pay the filing and service fees waived by this order which have not been reimbursed pursuant to the priority schedule in §806.025(2), Wisconsin Statutes.

The clerk of court shall notify the custodian at the prisoner's facility of the total filing fees, costs and service fees as soon as ascertainable.

8. The petition is CONDITIONALLY GRANTED. The court finds the prisoner to be partially indigent because the prisoner has assets in his/her trust fund account to partially pay the filing and service fees.

Upon payment by the prisoner of $ (the balance in his/her trust fund and/or release account as shown by the certified copy of his/her trust account statement) or the required filing fee, whichever is less, this action may be filed and all necessary documents may be served by the sheriff. If payment is not made within 30 days of this Order, the petition is DENIED.

The clerk of court shall notify the custodian at the prisoner's facility of the total filing fees, costs and service fees as soon as ascertainable.

The agency having custody of the prisoner's prison trust fund and/or release account shall freeze the prisoner's trust fund and/or release account until the deposits in that account are sufficient to pay the balance owed and shall forward the balance to the clerk of court as provided by law.

9. The petition is DENIED because the court finds the prisoner not indigent. The filing and service fees must be paid in full before commencement of this matter.

BY THE COURT:

DISTRIBUTION:

1. Clerk of Court

2. Petitioner

3. Department of Justice, Civil Litigation Unit

P.O. Box 7857, Madison, WI 53707-7857

4. Department of Corrections Facility at which petitioner is incarcerated

(Dodge Correctional Institution, if out of state)

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What an Order on Prisoners Is and When it Applies

An Order on Prisoners is a judicial directive authorizing the custody, transfer, transport, medical evaluation, or courtroom appearance of an incarcerated person. Courts issue these orders to direct corrections staff, law enforcement, or medical providers, and they typically specify dates, locations, escort details, and any special conditions such as restraints or security classifications. The document creates official authority for movement or custody changes and may also direct the production of records, medical clearance, or temporary release for hearings or treatment. Agencies rely on it to coordinate logistics and preserve chain of custody for persons in custody.

Why a Clear Order on Prisoners Matters

A precise order reduces operational risk, ensures lawful authority for movement, and documents obligations for courts and custody staff.

Why a Clear Order on Prisoners Matters

Who Typically Prepares and Receives These Orders

Orders are prepared by judicial officers or court clerks and acted on by corrections, law enforcement, and medical staff.

  • Court clerks and judges who draft or sign the order before it is issued to custody staff.
  • Sheriffs, correctional facility administrators, and transport officers assigned to execute custody or movement.
  • Healthcare providers and hospital administrators who receive an inmate for treatment under court authority.

The document should be distributed to all responsible parties to ensure coordinated execution and recordkeeping.

Essential Elements to Include in a Professional Order on Prisoners

A well-formed order reduces ambiguity and supports lawful execution by listing parties, dates, locations, transport and security instructions, and authority language.

Caption

Court name, case number, and party names so the order is plainly tied to the underlying matter and records.

Ordering Language

Clear directive wording specifying custody transfer, appearance, or medical transport and the legal basis for the command.

Effective Dates

Exact dates and times for pickup, transport, custody transfer, or appearance to avoid scheduling conflicts.

Receiving Agency

Name and contact details for the accepting facility, hospital, or jurisdiction to confirm where custody transfers.

Security Instructions

Classification, restraints, escort level, special medical needs, and any required protective measures during transport.

Signature Block

Judge or authorized official signature, printed name, title, and date establishing authority and authentication.

Required Data Fields at a Glance

Case Number: Court docket number
Inmate Name: Full legal name
DOB/ID: Date of birth or custody ID
Destination: Receiving facility
Transport Date: MM/DD/YYYY format
Authorizing Judge: Judge name and signature

Step-by-Step: Preparing an Order on Prisoners

Follow a consistent sequence to ensure the order is valid, actionable, and distributed to all parties before execution.

  • 01
    Draft Order: Prepare case caption and clear directive language for custody or transport.
  • 02
    Verify Details: Confirm inmate identity, dates, destination, and security needs with corrections staff.
  • 03
    Obtain Signature: Secure judicial signature or clerk authorization to validate the order.
  • 04
    Distribute Copies: Send certified copies to custody, transport, receiving facility, and case file.

Where the Order Usually Goes and Who Acts on It

Orders are routed to the agencies responsible for custody, transport, and receiving the inmate; each recipient performs defined tasks and documents completion.

  • Court Clerk: Files the signed order and issues certified copies for distribution.
  • Sheriff's Office: Schedules transport and assigns escort personnel as directed.
  • Correctional Facility: Prepares inmate for transfer and updates custody records.
  • Receiving Facility: Accepts custody and records arrival per the order.

Digital Delivery and eSubmission Considerations

Electronic handling reduces delay but requires secure authentication and clear audit trails to protect chain of custody.

  • File Formats: PDF or PDF/A accepted
  • Authentication: Email, SMS, or higher-assurance checks
  • Audit Trail: IP, timestamp, and action log

How to Configure an Online Order Workflow

Use a repeatable template with fields for identity, dates, security, and signatures so staff can generate validated orders consistently.

Field Configuration
Inmate Identity Magic field auto-detect from records
Effective Date MM/DD/YYYY required
Transport Instructions Conditional field visible when transport selected
Judge Signature Require signer authentication before acceptance

Typical Timing and Processing Expectations

Timing depends on the order type — emergency transports proceed immediately; scheduled appearances follow court-set dates and facility notification windows.

Emergency Transport:

Immediate execution on issuance

Court Appearance Orders:

Follow court date and advance notice procedures

Medical Transfers:

Coordinate with medical facility scheduling

Interfacility Moves:

Require clearance and receiving confirmation

Record Filing:

Clerk files originals in case docket

Key Milestones in the Order Lifecycle

A clear milestone sequence helps track authorization, logistics, and completion from issuance through arrival and docketing.

01

Issuance

Judge signs and clerk issues certified order.

02

Dispatch

Correctional staff schedule and begin transport preparations.

03

Transit

Escort conducts movement under documented security protocols.

04

Receipt & Docketing

Receiving agency logs custody and clerk notes completion.

Common Mistakes to Avoid When Preparing Orders

  • Incomplete identity data (misspelled name or wrong custody ID) that causes delays or misidentification during transfer.
  • Vague transport instructions lacking timing, responding agency, or security level leading to scheduling conflicts or refusal.
  • Failing to include receiving facility contact or acceptance terms, which can result in refused custody on arrival.
  • Not preserving signed copies and audit trails, impairing later verification and exposing agencies to liability.

Legal and Operational Risks of an Incorrect Order

Contempt Risk: Court sanctions for noncompliance
Custody Errors: Wrongful transfer or release exposure
HIPAA Breach: Unauthorized medical disclosures
Civil Liability: Damages from negligent execution
Criminal Liability: Possible charges for willful misconduct
Operational Delay: Missed court appearances and scheduling harm

Supporting Documents and Export Options to Include

Attach documents that prove authority, identity, and medical need. Export final packages in stable formats for archives.

Certified Copy

Include a certified copy of the signed order for receiving facilities and transport units to maintain legal authority.

Identification

Attach custody ID records and booking summaries to confirm identity during handoff.

Medical Records

Supply relevant medical clearance or treatment orders while limiting PHI exposure to required parties.

Export Formats

Save final packages as PDF or PDF/A to preserve signatures, timestamps, and audit trails for long-term retention.

Realistic Use Examples of an Order on Prisoners

Practical examples show how orders are used for courtroom appearances, medical transfers, and interfacility movements.

Court Transport Example

A judge issued an order for in-custody appearance to ensure presence at trial

  • Transport required a two-officer escort with no-contact restraints
  • The clerk filed a certified copy, the sheriff accepted custody, and the receiving court docketed arrival within hours to preserve the hearing schedule.

Medical Transfer Example

A court authorized temporary hospital admission for urgent treatment

  • Order specified facility, medical contact, and HIPAA-limited disclosures
  • Medical staff accepted the inmate, treated the condition, and returned custody with documentation that was added to the case file for later review.

Practical Tips for Accurate and Efficient Orders

Adopt consistent templates, digital signatures with audit trails, and a clear distribution checklist to reduce errors and delays.

Use Standard Templates
Employ court-approved templates with mandatory fields to ensure every order includes identity, dates, authority language, and receiving agency information.
Validate Identity
Cross-check inmate name and custody ID against facility records before issuing the order to prevent misidentification or incorrect transfers.
Preserve Audit Trails
When using e-signatures, keep full audit logs (IP, timestamp, signer identity) to demonstrate authenticity and chain-of-custody integrity.
Coordinate Early
Notify receiving facilities and transport units as soon as an order is issued to confirm acceptance and schedule escorts without last-minute cancellations.

eSignature Vendor Pricing and Feature Snapshot Relevant to Court Orders

Compare starting prices and core capabilities for common eSignature providers; signNow appears first per comparative data and includes plan options suitable for institutional workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

FAQs and Troubleshooting for Orders on Prisoners

Answers to common operational and legal questions about drafting, signing, and executing orders involving incarcerated persons.


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