SCR 70.40

(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.

(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.