Burnett County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

Motions must be filed by 4:00 p.m. for same-day review; motions filed later will not be reviewed until the next morning.

All motions must be filed by 4:00 p.m. to ensure that a judge or commissioner can review the request for the temporary. Motions filed after 4:00 p.m. will not be reviewed until the next morning.

CRITICAL

The party transmitting a document is responsible for ensuring that it is received on time and in full.

The party transmitting the document is solely responsible for ensuring its timely and complete receipt.

CRITICAL

A facsimile filing transmitted through a non-court entity is complete when the court receives it.

filing is complete upon receipt by the court.

CRITICAL

Facsimile papers are filed when received by the clerk, become the court's official record, and may not be substituted.

Facsimile papers are considered filed upon receipt by the clerk of circuit court and are thus the official record of the court and may not be substituted.

CRITICAL

Except in eviction actions, a defendant may contest a small claims action without appearing on the initial return date by delivering a written Answer to the Clerk by 2:00 p.m. that day.

Except for eviction actions, a defendant may contest any small Claims action without appearing on the initial return date by Delivering a written Answer to the Clerk of Courts no later than 2:00 p.m. On the day of the scheduled return date.

WARNING

Judges and court commissioners may hold proposed orders for at least five days after receipt and request, and may sign them as submitted if no other party objects.

Judges and court commissioners may hold proposed orders for a minimum of five (5) days upon receipt and request. If no objection is received by any other party, they may sign the orders as submitted.

WARNING

A protective-placement petition may be filed together with or at any time after the guardianship petition.

A petition for protective placement may be filed with or anytime after the guardianship petition is filed.

WARNING

The transmitting party is responsible for timely, complete fax receipt, and court personnel are not responsible for transmission errors or fax-machine downtime.

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The judge, court commissioner, judicial assistant, or clerk is not responsible for: (a) errors or failures in transmission that result in missing or illegible documents; and (b) periods when a circuit court facsimile machine is not operational for any reason.

CRITICAL

The estate inventory must be filed within four months after letters issue.

estate inventory shall be filed no later than 4 months after the issuance of letters together with the statutory filing fee.

CRITICAL

In actions where the defendant was personally served, ten days’ notice is required before entry of default judgment, except in mortgage foreclosures.

Except as to mortgage foreclosures, in all actions where personal service was obtained upon the defendant, ten (10 days notice shall be required prior to the entry of judgment.

CRITICAL

The notice of retainer or order appointing counsel must be filed as soon as practicable.

An attorney who represents a party shall file with the clerk of court a notice of retainer or order appointing counsel as soon as practicable.

CRITICAL

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of

CRITICAL

Required estate tax closing documents must be filed before the estate closes, subject to the stated federal-return condition and court-approved waiver.

a Wisconsin closing certificate for fiduciaries shall be filed and a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate, unless the court approves a petition to waive.

CRITICAL

Applies to

Summary judgment motion

The parties may file summary judgment motions within eight months after filing the summons and complaint or by the time set in the scheduling order.

The parties may file motions for summary judgment within eight (8 months of the filing of the summons and complaint or within the time established in the scheduling order, as allowed under Wis. Stat. § 802.08.

CRITICAL

Deadline

5 business days

The court must schedule the hearing within five business days after the motion or petition is filed, to be held as promptly as practicable.

Within five (5) business days after such a motion or petition is filed, the court shall schedule the matter for a hearing to be held as promptly as practicable.

CRITICAL

Unless the judge or scheduling order provides otherwise, trial briefs, proposed verdicts, instructions, and motions in limine must be filed one week before pretrial, subject to court approval of another arrangement.

Unless otherwise provided by the judge or scheduling order, all trial briefs, proposed verdicts, instructions and motions in limine shall be filed one week prior to the pretrial, unless otherwise approved by the Court.

CRITICAL

Deadline

5 working days

Court-ordered reports must be filed at least five working days before the scheduled dispositional hearing.

Court reports that have been ordered by the court shall be completed and filed with the court not less than five working days before the scheduled dispositional hearing.

CRITICAL

The motion must be filed before a hearing date will be set.

Motion hearing dates will not be set until motion is filed.

CRITICAL

A written jury-trial demand must be filed within 10 days after the defendant enters a not guilty plea.

Pursuant to Wis. Stat. § 345.43 any party may, upon payment of a $36.00 jury fee, file a written demand for a jury trial within ten (10) days after the date the defendant has entered a not guilty plea.

CRITICAL

A written intake referral must be filed within five days of the custody order when no custody hearing is requested for a child placed outside the home; this rule does not apply to the specified defendants age 14 or under held in secure custody.

If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant to § 48.24 or 938.24, Wisconsin Statutes, has been filed within five (5) days of the date of the custody order. Rationale: Persons who are taken into custody must not be left in a "limbo" status. Intake inquiries must be promptly filed in order to initiate the formal court process. Five days is an appropriate maximum amount of time for the requesting agency to file the intake referral. b. This rule does not apply to defendants age 14 or under charged with an original adult court jurisdiction matter who are being held in secure custody. Rationale: Defendants in an original adult court jurisdiction matter who are being held in secure custody are under the procedures of the adult court, not the juvenile court. There are no "referrals" to intake for such matters. The defendant is held until bail/bond conditions have been met.

CRITICAL

A defendant must request a hearing in writing within 15 days of the notice to avoid the possibility of a default judgment being entered without a hearing.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

CRITICAL

The more detailed statement must be filed by the due date set by the court for the plaintiff or by the court commissioner for the defendant; noncompliance may result in dismissal or judgment, respectively.

If the plaintiff fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court, or fails to provide a copy to the defendant(s), the case may be dismissed. If the defendant fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the plaintiff(s), judgment may be entered in favor of the plaintiff(s).

CRITICAL

Both parties must file financial disclosure statements within 10 days after the court determines on a party’s request that a GAL should be appointed.

If, upon the request of either party, the court determines that a Guardian Ad Litem (GAL) should be appointed, both parties shall file a financial disclosure statement with the court within ten (10) days.

CRITICAL

The closing certificate must be filed before the trust is closed and the trustee discharged.

A Wisconsin closing certificate for fiduciaries must be filed with the court before a trust may be closed and the trustee discharged.

CRITICAL

The formal motion must be filed before any further proceedings in the case.

A formal motion must be filed prior to any further proceedings in the particular case and approved by the court.

CRITICAL

Deadline

72 hours

If a petition has not been filed by the custody hearing and statutory grounds for an extension exist, a petition in a Chapter 48 matter must be filed within 72 hours from the hearing, excluding Saturdays, Sundays, and legal holidays.

3. If a petition under either Chpt. 48 or Chpt. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: b. Chpt. 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.

CRITICAL

The conservatorship inventory must be filed within 60 days after appointment of a conservator.

The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

CRITICAL

In a small claims eviction action, the jury demand must be filed at or before joinder of issue.

In eviction actions, the demand shall be filed at or before the time of joinder of issue.

CRITICAL

Attorneys must file pretrial motions within 10 days after a probable cause finding unless the court approves otherwise.

Pretrial motions shall be filed by the attorney 10 days after a probable cause finding, unless otherwise approved by the court.

CRITICAL

Deadline

48 hours

If a petition has not been filed by the custody hearing and statutory grounds for an extension exist, a petition in a Chapter 938 matter must be filed within 48 hours from the hearing.

3. If a petition under either Chpt. 48 or Chpt. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: a. Chpt. 938 matters: 48 hours from the time of the hearing.

CRITICAL

The guardianship inventory must be filed within 60 days of appointment of a guardian of the estate.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

CRITICAL

A party may file a demand for a de novo hearing within 20 consecutive days after the decision, counting weekends and holidays.

Any party may file a demand for a de novo hearing with the assigned judge within twenty (20) days from the date of a decision. Twenty (20) days shall be counted consecutively and include weekends and holidays.

CRITICAL

If no ADR is requested, none will occur and the responsive pleading remains due as stated in the Summons.

602.04.1 If there is no request for Alternative Dispute Resolution (ADR), none will occur and a responsive pleading is due as required by the Summons.

CRITICAL

The financial disclosure statement must be filed before or at the temporary-order hearing, or before entry of a temporary order based on written stipulation.

A financial disclosure statement must be filed by both parties with the family court commissioner and with the Burnett County Child Support Agency if public assistance is involved, before or at the time of the hearing on the temporary order or prior to the entry of any temporary order based upon a written stipulation.

CRITICAL

Deadline

48 hours

A telephone-appearance request must be received at least 48 hours before the hearing unless the court approves otherwise.

This request must be received at least 48 hours prior to the hearing, unless otherwise approved by the court.

CRITICAL

Requesting mediation does not extend the deadline for filing responsive pleadings while the applicability of a settlement alternative is being determined.

602.04 A request for mediation will not extend the time for filing any responsive pleadings while the applicability of a settlement alternative is determined.

CRITICAL

The trust inventory must be filed before the estate is closed.

The trust inventory shall be filed before the estate will be closed.

CRITICAL

In small claims actions other than eviction actions, the jury demand must be made when the party demands trial for review of the circuit court commissioner's decision.

In all other actions, the demand for trial by jury shall be made at the time a demand for trial is made for review of the decision of the circuit court commissioner pursuant to Wis. Stat. § 799.207.

CRITICAL

The notice must state that the defendant has 15 days from its date to request a hearing in writing before default judgment may be entered.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15 days of the date of the notice, a default judgment may be entered.

CRITICAL

The guardian ad litem report must be filed before the hearing.

Guardian ad litem: the Court shall appoint a guardian ad litem for the proposed ward; the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

A defendant may demand a jury trial within ten days after entering a not guilty plea in an ordinance or traffic court action.

Pursuant to Wis. Stat. § 345.43 any defendant may demand a jury trial within ten (10) days after the date s/he has entered a not guilty plea.

CRITICAL

An updated financial disclosure statement must be filed at the final hearing or at another time ordered by the trial court.

An updated financial disclosure statement shall be filed at the final hearing, or at such time as ordered by the trial court.

CRITICAL

The affidavit of publication must be filed before the name-change hearing.

An affidavit of publication must be filed with the clerk of court prior to the name change hearing.

WARNING

The opposing party should serve and file a written response at least five days before the hearing.

The opposing party should serve and file a written response at least five (5) days before the hearing.

WARNING

If a party fails to timely file a complete disclosure statement, the judge may accept the other party's statement as accurate.

Failure by either party to timely file a complete disclosure statement as required, shall authorize the judge to accept the statement of the other party as accurate.

WARNING

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20 days before the hearing date unless provided otherwise by these rules or order of the court.

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20 days before the hearing date unless provided otherwise by these rules or order of the court.

WARNING

All briefs should be received at least five (5 days before a hearing.

All briefs should be received at least five (5 days before a hearing.