Eau Claire County Circuit Court, Wisconsin Filing Timing and Cure Windows

INFO

A petition for protective placement may be filed with the guardianship petition or at any time afterward.

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

CRITICAL

The guardian ad litem and/or advocate counsel must submit interim bills at least quarterly.

The guardian ad litem and/or advocate counsel must submit interim bills at least quarterly.

CRITICAL

Juvenile Court documents must be filed with the Register in Probate/Clerk of Juvenile Court office before the hearing.

All documents relating to Juvenile Court subject matter are to be filed in the Register in Probate/Clerk of Juvenile Court office. Documents required shall be filed prior to the hearing.

CRITICAL

Required documents must be filed before the hearing.

Documents required shall be filed prior to the hearing.

CRITICAL

The Department must file dispositional reports with the Register in Probate/Clerk of Juvenile Court office at least three days before the scheduled hearing.

Dispositional reports prepared by the Department will be filed with the Register in Probate/Clerk of Juvenile Court office at least three (3) days prior to the scheduled dispositional hearing.

CRITICAL

Deadline

72 hours

Written notice of a motion to close a judicial proceeding is due at least 72 hours before the hearing, unless good cause or a statutory requirement provides otherwise.

Unless good cause be shown, or otherwise required by statute, a party moving that any judicial proceeding be closed to the public must notify the court and the media coordinator in writing at least 72 hours before the time set to hear the motion.

CRITICAL

If the child is placed in a new out-of-home placement, a change-of-placement request must be made within 3 days after the child is removed from the trial reunification home.

If the child is placed in a new out-of-home placement: A request for change in placement shall be made within three (3) days after removing the child from the trial reunification home.

CRITICAL

Deadline

10 calendar days

A jury-trial request is due no later than ten calendar days after the settlement conference.

Requests for jury trials shall be filed in writing along with payment of the jury fee with the Office of the Clerk of Court no later than ten (10) calendar days after the settlement conference.

CRITICAL

Exhibits may be filed only before a court hearing or trial and only with court approval.

Exhibits shall only by filed prior to any court hearing or trial with the approval of the Court, although they may be pre-marked upon approval of the Court.

CRITICAL

Applies to

Demand for trial de novo

A demand for trial de novo must be made and received within 10 days of an oral decision to prevent entry of the commissioner’s judgment.

§799.207(2), Wis. Stats., requires that a demand for trial de novo must be made and received by the court within ten (10) days from the date of an oral decision or fifteen (15) days from the date of mailing of a written decision to prevent the entry of the court commissioner’s judgment.

CRITICAL

Weekends and holidays are excluded when calculating the ten-day period to request a refusal hearing on revocation.

In calculating the ten (10)-day time period in which to request a refusal hearing on revocation under §343.305(9)(a)4, Wis. Stats., weekends and holidays shall be excluded from the calculation, consistent with §801.15(1), Wis. Stats.

CRITICAL

Deadline

48 hours

Necessary hearing documents must be filed at the specified office at least 48 hours before the hearing; if required documents are missing, the court may remove the matter from the calendar without further notice.

All documents which are necessary for the hearing must be filed in the Register in Probate/Clerk of Juvenile Court office no later than forty-eight (48) hours prior to the hearing. If required documents are missing, the court reserves the right to remove the matter from the calendar without further notice.

CRITICAL

The conservatorship inventory must be filed within 30 days after the conservator is appointed.

The conservatorship inventory shall be filed within thirty (30) days of the appointment of a conservator.

CRITICAL

The guardianship inventory and appropriate filing fee must be filed within 30 days after appointment of a guardian of the estate.

The guardianship inventory and appropriate filing fee shall be filed within 30 days of the appointment of a guardian of the estate.

CRITICAL

Deadline

72 hours

The written or emailed request for a telephone or video appearance must be submitted at least 72 hours before the hearing.

Telephone or video conference appearances must be requested in writing or through email and submitted to the Register in Probate/Clerk of Juvenile Court office no less than 72 hours in advance of the hearing.

CRITICAL

A permanency plan must be filed with the court at least five days before the permanency hearing.

The permanency plan shall be filed with the court not less than five (5) days before the permanency hearing.

CRITICAL

Applies to

Guardian ad litem billing invoice

A guardian ad litem must submit the billing invoice within 30 days of discharge.

The guardian ad litem must submit their billing invoice within thirty (30) days of discharge.

CRITICAL

Estate actions must be disposed of within twelve months after the petition or application to open the estate is filed.

Estate actions shall be disposed of within twelve (12) months from the date of the filing of the petition or application to open estate.

CRITICAL

Applies to

Not guilty plea letter

Individuals issued OWI or BAC citations must appear at the initial appearance unless a Not Guilty plea letter has been received before that date.

Individuals issued OWI or BAC citations must appear at the initial appearance for Traffic Court unless a Not Guilty plea letter has been received prior to the initial appearance date.

CRITICAL

If a case has been pending for 180 days or longer, the guardian ad litem must submit interim bills at least quarterly.

If the case is pending 180 days or longer, the guardian ad litem shall submit interim bills on at least a quarterly basis.

CRITICAL

Final bills must be submitted within 30 days of discharge.

Final bills must be submitted within thirty (30) days of discharge.

CRITICAL

The general inventory is due no later than four months after the personal representative is appointed.

The general inventory is due no later than four (4) months after the appointment of the personal representative.

CRITICAL

If the child is returned to the previous out-of-home placement, a request to revoke the trial reunification must be submitted within 3 days after removal from the trial reunification home.

If the child is placed back in the previous out-of-home placement: A request for revocation of the trial reunification must be submitted to the court within three (3) days after removing the child from the trial reunification home.

CRITICAL

The guardian ad litem must submit a billing invoice within 30 days of discharge.

The guardian ad litem shall submit their billing invoice within 30 days of discharge.

CRITICAL

The agency home study must be submitted before the hearing.

An agency home study is to be submitted prior to the hearing before the court.

CRITICAL

Paperwork for a temporary physical custody/72-hour hold hearing must be filed as soon as possible for the hearing.

Paperwork for this hearing shall be filed as soon as possible for the hearing.

CRITICAL

A permanency plan must be completed and filed within 60 days after the child is first removed from the home.

Permanency plans must be completed and filed within 60 days after the date the child is first removed from the home.

CRITICAL

A written request for de novo review must be filed within the time period set by the applicable Wisconsin statute.

Any party seeking a de novo review of a decision of the court commissioner shall file a written request for such review within the time period allowed by the applicable Wisconsin Statute.

WARNING

Judges and Court Commissioners must hold proposed orders for at least five days after receipt and may sign them as submitted if no other party objects.

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

WARNING

Civil cases are to be reviewed for service and answer 105 days after filing.

All civil cases shall be reviewed for service and answer 105 days after filing.

INFO

Applies to

Written not guilty plea

Individuals receiving other traffic or ordinance citations may submit a written not guilty plea to the Clerk of Court before the initial appearance date.

All other individuals receiving traffic or ordinance citations may enter a not guilty plea in writing with the Clerk of Court office prior to the initial appearance date.