Clark County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

The fax sender is solely responsible for timely, complete receipt; the court, judge, and clerk are not responsible for fax-machine outages or transmission errors resulting in missing or illegible documents.

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court, judge or clerk is not responsible for periods when a circuit court facsimile machine is not operational for any reason and is not responsible for errors or failure in transmission that result in missing or illegible documents.

CRITICAL

The guardian ad litem’s written report is due within 75 days after appointment.

The Guardian ad Litem shall submit a written report to the court and to the counsel for the parties (or the party, if unrepresented) within 75 days of the date when appointed.

CRITICAL

The parties’ parenting plan is due to the court within 30 days after mediation concludes.

In addition, both parties shall submit a Parenting Plan to the court within 30 days of the conclusion of mediation.

CRITICAL

Court-appointed attorneys must submit their billing statements to the court and all interested parties at least monthly.

Not less than monthly, the attorney shall submit a detailed statement to the court and to all interested parties

CRITICAL

After the initial deposit, the party requesting modification must deposit an additional $50 with the Clerk of Court by the first of each month until the guardian ad litem fees are paid in full.

On or before the 1st of each month following the receipt of the deposit, the party requesting modification of the then existing order shall deposit with the Clerk of Court an additional $50 until the Guardian ad litem fees are paid in full.

CRITICAL

The fully executed marital settlement agreement must be filed at or before the time set for the hearing.

In all matters set on the court’s stipulated divorce calendar, the parties shall file with the court a fully executed marital settlement agreement at or before the time set for the hearing.

CRITICAL

The Victim/Witness Compliance Statement must be filed at the beginning of each appearance in a covered matter.

At the beginning of each appearance in a matter subject to victim/witness notification and participation requirements, the District Attorney’s office shall file with the Clerk of Court a Victim/Witness Compliance Statement

CRITICAL

Persons seeking to maintain eligibility for guardian ad litem or court-appointed attorney work must file the required information with the Judicial Assistant by January 10 each year.

On or before January 10 of each year, all persons desiring to maintain eligibility for guardian ad litem/court appointed attorney work in Clark County shall file the following with the Court’s Judicial Assistant:

CRITICAL

Motions in limine must be filed no later than the Final Pre-trial Conference.

All Motions in Limine (such as motions seeking to admit or exclude evidence at trial) must be filed at or before the Final Pre-trial Conference so that they can be scheduled prior to Trial.

CRITICAL

In the specified divorce and legal-separation cases, parties must complete the educational program, which may not exceed four hours, within 90 days of service of the summons or filing of a joint petition.

1. All parties to actions for divorce or legal separation with children shall complete an educational program, not to exceed four hours in length, concerning the effects on a child of marriage dissolution if there are minor children of the marriage. 2. Parties shall attend and complete the educational program within ninety days of the service of the Summons upon the respondent or within ninety days of filing in the case of a joint petition. The parties shall each provide proof of completion of the program to the Clerk of Court's Office.

CRITICAL

A written compliance or objection to a discovery demand or motion is due within 10 days of receipt.

All such discovery demands or motions shall be complied with or objected to, in writing, within 10 days of receipt.

CRITICAL

If neither party agrees with the guardian ad litem’s report, each party must deposit half of the home study fee with the Clerk of Court within 40 days after receiving the report.

If neither party agrees with the Guardian ad Litem’s report, each party shall deposit one-half of the Home Study fee with the Clerk of Court’s within 40 days of receipt of the Guardian ad Litem’s report.

CRITICAL

The listed pretrial submissions must be filed and served at least 15 days before the pretrial conference, or before trial if no conference is set.

Not less than 15 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 15 days before trial, the parties shall file and serve the following:

CRITICAL

A party opposing summary judgment must serve and file its opposition materials by the date set under Rule 404-A(c).

On or before the date determined under Rule 404-A(c), any party who elects to oppose the motion for summary judgment shall serve and file the following:

CRITICAL

Applies to

Motion

For non-summary-judgment motions, the movant must file and serve the motion and supporting documents at least 15 days before the hearing.

(a) The movant shall file with the Clerk of Court and serve upon all other parties the motion and all supporting documents at least 15 days before the hearing.

CRITICAL

All pre-trial motions and discovery requests must be filed by the Post-Arraignment Status Hearing date.

The Post-Arraignment Status Hearing date shall also serve as the deadline for the filing of all pre-trial motions (to suppress, to dismiss, etc.) and as the deadline for the filing of discovery requests.

CRITICAL

Defendants must notify the court of their intent to enter a plea by the Final Pre-Trial Conference.

The deadline for defendants to notify the court of their intent to enter a plea is the Final Pre-Trial Conference.

CRITICAL

If only one party disagrees with the report, that party must pay the entire home study fee within 40 days after receiving it; failure to pay waives the right to challenge the report.

If one party agrees with the Guardian ad Litem’s report, and the other party does not agree with the Guardian ad Litem’s report, the party that disagrees with the report shall deposit the entire Home Study fee with the Clerk of Court within 40 days of receipt of the report. Failure to submit the fee within the specified time shall be deemed a waiver of the right to challenge the Guardian ad Litem’s report.

CRITICAL

The notice must state that the defendant must request a hearing in writing within 10 days of the notice or default judgment will be entered.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on plaintiff’s motion within 10 days of the date of the notice, default judgment shall be entered.

CRITICAL

After the initial deposit, each party must deposit an additional $50 with the Clerk of Court by the first of each month until the guardian ad litem fees are paid in full.

On or before the 1st of each month following the receipt of the initial deposit, each party shall deposit with the Clerk of Court an additional $50 until the Guardian ad litem fees are paid in full.

CRITICAL

The Status Conference date is the filing deadline for all pretrial motions and discovery requests.

The Status Conference date shall also serve as the deadline for the filing of all pre- trial motions (to suppress, to dismiss, etc.) and as the deadline for the filing of discovery requests.

CRITICAL

Motions in limine must be filed by the Final Pre-trial Conference so they can be scheduled before trial.

Motions in Limine. All Motions in Limine (such as motions seeking to admit or exclude evidence at trial) must be filed at or before the Final Pre-trial Conference so that they can be scheduled prior to Trial.

CRITICAL

Applies to

Response

The opposing party must file and serve a written response with citations of authority at least 7 days before the hearing.

(b) The opposing party shall file with the Clerk of Court and serve upon all other parties a written response with a citation of authorities at least 7 days before the hearing date.

CRITICAL

Each party must file and serve the required case-specific documents at least two days before the pretrial conference.

Each party shall file and serve the following items not less than two days prior to the pretrial conference:

CRITICAL

Discovery demands or motions must be complied with or objected to in writing within 10 days of receipt.

All such discovery demands or motions shall be complied with or objected to, in writing, within 10 days of receipt.

CRITICAL

Deadline

10 calendar days

Parties must notify the court of their intent to resolve the case at least ten calendar days before trial, counting weekends and court-closure days.

The deadline for the parties to notify the court of their intent to enter an agreement resolving the case is ten calendar days (including Saturdays, Sundays and days on which the Clerk of Court’s office is closed) before the date set for trial.

CRITICAL

Deadline

10 calendar days

If the defendant appeared and the matter remains unresolved, the defendant must file a written answer within 10 calendar days.

If the defendant has appeared and the matter is not resolved the defendant shall, within 10 calendar days, file a written answer on forms provided by the Clerk of Courts Office.

CRITICAL

Proposed jury instructions and verdicts must be filed no later than three days before trial.

Proposed jury instructions and verdicts shall be filed with the court no later than three days before trial.

CRITICAL

In cases where the defendant does not appear or the parties settle, the plaintiff must submit finality paperwork within 30 days of the return date or the case will be dismissed.

In cases in which (1) the defendant does not appear, or (2) the parties have reached a settlement agreement, the plaintiff shall submit the paperwork necessary to bring the case to finality within 30 days of the return date. If the paperwork is not submitted as required the case shall be dismissed.

CRITICAL

Defendants must notify the court of their intent to enter a plea by the Final Pre-Trial Conference.

J. Plea Deadline and Plea Hearing. The deadline for defendants to notify the court of their intent to enter a plea is the Final Pre-Trial Conference.

CRITICAL

Proof of service is due within 20 days after service is completed.

All parties effectuating service shall file Proof of Service within 20 days after service is accomplished on a party.

CRITICAL

The guardian ad litem’s written report is due within 75 days after appointment.

The Guardian ad Litem shall submit a written report to the court and to counsel for the parties (or the parties, if unrepresented) within 75 days of the date when appointed.

CRITICAL

Each party must pay half of the initial guardian ad litem deposit to the Clerk of Court's Office within 30 days after mediation concludes.

Each party shall pay 50% of the initial deposit to the Clerk of Court's Office within 30 days of the conclusion of mediation.

CRITICAL

A motion to compel discovery must be filed within 10 days after receipt of an objection or another event of noncompliance, or the objection or noncompliance is deemed waived.

Any motions to compel discovery shall be filed within 10 days of receipt of an objection or other event of noncompliance or such objection or noncompliance shall be deemed waived.

CRITICAL

Any motions to compel discovery shall be filed within 10 days of receipt of an objection or other event of noncompliance or such objection or noncompliance shall be deemed waived.

Any motions to compel discovery shall be filed within 10 days of receipt of an objection or other event of noncompliance or such objection or noncompliance shall be deemed waived.

CRITICAL

A prevailing plaintiff or counterclaimant must submit finality paperwork within 30 days of the hearing or trial date or the case will be dismissed.

In cases in which the plaintiff or a counterclaimant has prevailed at hearing or trial, the successful party shall submit the paperwork necessary to bring the case to finality within 30 days of the hearing or trial date. If the paperwork is not submitted as required the case shall be dismissed.

CRITICAL

Summary-judgment motions may be filed within the scheduling-order deadline, but never later than 120 days before trial.

(b) The parties may file motions for summary judgment within the time set in the scheduling order, but in no event less than 120 days prior to the trial date.

CRITICAL

Attorneys and any guardian ad litem must indicate approval or disapproval and return the agreement to the Clerk of Court within 15 days after the clerk mails it.

The Clerk of Court shall forward the agreement to the attorneys for the parties, if any, and to the guardian ad litem, if any, who shall indicate their approval or disapproval of the agreement and then shall return it to the Clerk of Court within 15 days from the date of mailing by the Clerk of Court.

CRITICAL

If custody or placement remains disputed after mediation, the party seeking modification must make the initial guardian ad litem deposit within 30 days after mediation concludes.

If custody/placement remains at issue following mediation, the party requesting modification of the then existing order shall make an initial deposit towards the guardian ad litem fee within 30 days of the conclusion of mediation, and shall submit an order appointing guardian ad litem.

CRITICAL

The parties’ written notice about whether they agree with the guardian ad litem’s recommendations is due within 15 days after receipt of the report; failure to notify is deemed acceptance.

Within 15 days of receipt of the Guardian ad Litem’s report pursuant to C, above, the parties shall notify the court, in writing, of whether they agree or disagree with the Guardian ad Litem’s recommendations. Failure to so notify the court shall be deemed an acceptance of the recommendations in the report.

WARNING

Any party may request a hearing before 10 days have passed after the response brief is filed; without a request, the court decides the motion on the submissions.

(c) A hearing date may be set if requested by any party at any time prior to 10 days after the filing of the response brief under rule 404-C. See rule 401 with regard to the procedure to request a hearing. If any party does not request a hearing, the court will decide the motion on the basis of the submittals.

WARNING

Applies to

Rebuttal

The movant may file and serve a written rebuttal with citations of authority at least 3 days before the hearing.

(c) The movant may file with the Clerk of Court and serve upon all other parties a written rebuttal with a citation of authorities at least 3 days before the hearing date.

WARNING

By the date determined under Rule 404-A(b), the movant may—but need not—serve and file any or all of the listed rebuttal items.

On or before the date determined under Rule 404-A(b), the movant may, but is not required to, serve and file in rebuttal any or all of the following items:

INFO

Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.

Not less than 5 days prior to the pretrial conference or, if no pretrial conference is set, then not less than 5 days before trial, the parties may file and serve a response to the foregoing submittals.