Eau Claire County Circuit Court, Wisconsin Pre-Motion Conference Requirements

CRITICAL

Motions must be scheduled only after a misdemeanor plea or a felony arraignment, regardless of when they were filed.

Motions Regardless when filed are to be scheduled only after a plea in a misdemeanor and arraignment in a felony

CRITICAL

Mediation may not be deferred.

501.05 There shall be no deferrals of mediation.

CRITICAL

Mediation must take place with Try Mediation, Inc. unless the parties agree to a private mediator and satisfy the statutory filing and notice requirements.

501.03 Mediation shall take place with a representative of Try Mediation, Inc., the Circuit Court's designated provider of mediation, unless the parties agree to the use of a private mediator and meet the filing/notice requirements as outlined in §767.11(7), Wis. Stats.

CRITICAL

A party must secure a hearing date before filing a motion; failing to do so waives the motion.

402.02 A party filing a motion shall be responsible for securing a hearing date prior to the filing of the motion. Failure to secure a date shall constitute waiver of the motion.

CRITICAL

Mediation that occurred before the current filing does not satisfy the current mediation requirement.

Prior mediation shall not satisfy the mediation requirement if the mediation took place before the current filing before the court.

CRITICAL

Mediation may be waived only under the circumstances in §767.11(8)(b), and only by a Circuit Court judge on the record after considering the specified factors.

501.04 Mediation may not be waived under any circumstances other than those set forth in §767.11(8)(b), Wis. Stats. Waivers of mediation may only be made by a Circuit Court Judge on the record, specifically considering the factors enumerated §767.11(8)(b), Wis. Stats.

CRITICAL

After receiving a mediation order, a party must complete mediation and parent education before pursuing other court action, except for support or contempt matters.

Once a party has received an order for mediation, they must complete mediation and parent education classes before they may pursue other action before the Court other than for support or contempt.

CRITICAL

In family actions where legal custody or physical placement is contested, the parties and any other persons ordered by the court must attend at least one mediation session and parent education classes.

501.01 In any action affecting the family in which it appears legal custody or physical placement are contested (including, but not limited to, divorce, post-divorce, paternity and child support actions) the parties, and other interested persons as ordered by the court, shall attend at least one session of mediation with a mediator and parent education classes. See §767.11(8), Wis. Stats.

WARNING

A party or other authorized person may request mediation, and the family court or judge may refer parties or others without a motion; referrals must be made at the earliest available date.

501.02 Requests for mediation may be made by any party, or others pursuant to §767.11(5)(c), Wis. Stats., or upon referral from the Court without motion, and the parties and/or others shall be referred to mediation by the family court or judge at the earliest date available. See §767.11(5), Wis. Stats.