Court Rules

Madison Circuit Court Filing Timing and Cure Windows

29 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing.

CRITICALCivil cases

The Cross Reference Data Sheet must be filed simultaneously with the initial pleading.

simultaneous with the filing of auy initial pleading, the Petitioner or Movant shall also file with the clerk a Cross Reference Data Sheet on a form approved by the Court.

CRITICALCivil cases

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion unless said deadline falls on a business day of the Clerk. Any exceptions to these deadlines shall be by weckend or holiday, in which event filing shall occur on the preceding leave of the Court only.

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion unless said deadline falls on a business day of the Clerk. Any exceptions to these deadlines shall be by weckend or holiday, in which event filing shall occur on the preceding leave of the Court only.

CRITICAL

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing.

CRITICAL

Petitioners must not be sent away or left waiting for extended periods.

Petitioners shall not be sent away or left waiting for extended periods of time.

WARNINGCivil cases

Petitioners must not be sent away or left waiting for extended periods.

Petitioners shall not be sent away or left waiting for extended periods of time.

WARNING

Emailed or faxed motions are not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

Parties and counsel may e-mail or fax motions to the Court prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

Filing deadlines

CRITICAL

After the proof and rebuttal periods, the case stands for submission on the next regular Motion Day of its assigned division.

The case shall then stand for submission at the next regular Motion Day of the division to which the case has been assigned .

CRITICAL

Unless the Court directs otherwise, cases must be placed on the Motion Docket by close of business on the preceding Friday, or the preceding Thursday if Friday is a holiday.

Unless otherwise directed by the Court, all cases must be placed on the Motion Docket by the close of business on the Friday preceding the regular Motion Docket (unless Friday is a holiday, in which event it shall be close of business on the Thursday preceding the docket).

CRITICALCivil cases

Each party must file a Pre-hearing Memorandum at least seven days before the Case Management Conference.

D. At least seven (7) days prior to the Case Management Conference. cach party shall file a Pre-hearing Memorandum

CRITICALCivil cases

The Pre-caring Memorandum containing the petitioner’s request must be filed before the Case Management Conference.

Petitioner shall make the request on the Pre-caring Memorandum filed prior to the Case Management Conference.

CRITICAL

In contested cases, verified factual disclosure forms must be filed at least 10 days before the hearing, or, if proof will be taken by deposition, at least 10 days before the first deposition.

In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition

CRITICAL

The opposing party's verified factual disclosure form must be filed within 10 days after service of the motion for a final trial date.

The verified factual disclosure form for the opposing party shall be filed within ten (10) days of the service of the motion for final trial date .

CRITICAL

Petitioner's proof cannot begin until the answer deadline expires and must be completed within 30 days thereafter; respondent's proof is due in the following 30 days, and rebuttal must be completed in the next 10 days.

The proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be complete within thirty (30) days thereafter ; the Respondent shall complete his/her proof within the following thirty (30) days ; parties shall then have ten (10) days in which to complete any rebuttal .

CRITICAL

An oral-testimony dissolution proceeding generally may not be assigned for trial until the stated 30-day waiting period has elapsed; when there are infant children, the assignment must wait 60 days from the earliest listed event.

No proceeding by oral testimony for dissolution of marriage, including joint petition, shall be assigned for trial until thirty (30) days have elapsed following the date the joint petition is filed, or the Respondent is actually summoned or is deemed to have been summoned by warning order . In no event shall any such case be assigned for trial before thirty (30) days have elapsed following entry of appearance or service of summons, or, if there are infant children, before sixty (60) days have elapsed from the date of service of summons, appearance or responsive pleading, whichever occurs first .

CRITICAL

The Petitioner must file the disclosures within 15 days after filing the petition.

The Petitioner shall first file said disclosures within fifteen (15) days of the filing of the petition

CRITICAL

Counsel may present the order or judgment after ten days have passed from tendering the original to the Clerk, with a copy served on counsel for all parties.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Clerk, with service of a copy of same upon counsel for all parties

CRITICAL

Cases must be placed on the Motion Docket by close of business on the preceding Monday, or Friday if that Monday is a holiday; exceptions require leave of Court, and the docket closes at the close of business on the preceding Monday unless the Court directs otherwise.

Unless otherwise directed by the Court, the following will govern the docketing of motions : The Clerk shall keep a motion docket for each division on which the Clerk will docket all motions assigned for hearing on each Motion Day . All cases must be placed on the Motion Docket by the close of business on the Monday preceding the regular Motion Day (unless that Monday is a holiday, in which event, it shall be the close of business on the preceding Friday) to stand for hearing on the following regular Motion Day . Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the docket for the next Motion Day at the close of business on the preceding Monday

CRITICAL

Written objections must be filed within ten days after service to prevent the proposed order or judgment from being signed and entered under this procedure.

written objections have been filed within ten (10) days from the date of service .

CRITICAL

Motions may not be filed on the morning of trial without leave of the Court.

No motions may be filed the morning of the trial without leave of the Court.

CRITICAL

The Respondent must file disclosures within 15 days after the Petitioner files.

the Respondent shall file disclosures within fifteen (15) days of the Petitioner's filing

CRITICALCivil cases

The joint statement must be submitted within ten days after mediation ends.

This statement shall be submitted within ten (10) days of the termination of mediation.

WARNING

Deadline
1 hours

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

WARNING

The Petitioner may respond within 10 days after the referenced filing.

the Petitioner may respond within ten (10) days of said filing

WARNING

A defendant may file a Motion to Enter a Guilty Plea before trial, and it will be heard on the presiding judge's next available criminal docket.

At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.

WARNINGCivil cases

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

WARNING

A response to a supported motion may be filed no later than the time specified in the hearing notice; failure to respond may be grounds to deny leave to file a response after that time.

Any party, properly served with a motion accompanied by a statement or memorandum of law supporting said motion, may file a response containing either a statement or memorandum of law, with citation of supporting authorities, at or prior to the time specified in the notice of hearing of the motion . Failure to file a response to a motion accompanied by such a statement or memorandum may be grounds for denying a request for leave to file such a response after the time specified for a hearing of said motion

WARNINGCivil cases

Deadline
48 hours

The opposing party may file a verified response or supporting affidavits 48 hours before the hearing.

to which the opposing party may file a verified response or supporting affidavits 48 hours prior to the hearing.

INFO

Counsel may tender proposed jury instructions at any time before trial begins.

Counsel may tender proposed jury instructions any time prior to the commencement of the trial.

Common questions about Madison Circuit Court filing timing and cure windows rules

What filing deadlines does Madison Circuit Court set?

After the proof and rebuttal periods, the case stands for submission on the next regular Motion Day of its assigned division.

View ruleOfficial source Source: page 22, section 21.01 Regular Method of Trial for Domestic Relations Actions

18 more rules answer this question.

When is a filing treated as filed in Madison Circuit Court?

The rule states a close of business filing cutoff. All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion unless said deadline falls on a business day of the Clerk. Any exceptions to these deadlines shall be by weckend or holiday, in which event filing shall occur on the preceding leave of the Court only.

View ruleOfficial source Source: page 3, section 2.02 Motion Requirements

2 more rules answer this question.

What filing deadlines apply to motion filings in Madison Circuit Court?

Motions may not be filed on the morning of trial without leave of the Court.

View ruleOfficial source Source: page 5, section 5.5 Jury Trials

What filing deadlines apply to motion to enter a guilty plea filings in Madison Circuit Court?

A defendant may file a Motion to Enter a Guilty Plea before trial, and it will be heard on the presiding judge's next available criminal docket.

View ruleOfficial source Source: page 5, section 5.6 Settlement of Cases

What filing deadlines apply to jury instructions filings in Madison Circuit Court?

Counsel may tender proposed jury instructions at any time before trial begins.

View ruleOfficial source Source: page 5, section 5.5 Jury Trials