Jackson County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

Continuance motions must follow Wis. Stat. § 802.10, though the Court may waive hearing time limits for adequate reason.

Motions for continuance shall be made in accordance with 802.10 Wis. Stats. For adequate reason, the time limitations for hearing may be waived by the Court.

CRITICAL

An extension request received during the 30 days immediately before an order terminates must include a request for a temporary 30-day extension to allow a hearing to be scheduled.

A request to extend a dispositional order received during the thirty-day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under 48.365(6) or 938.365(6), Wis. Stats., in order to schedule a hearing.

CRITICAL

The Court must schedule a hearing on every extension request and, for a request filed in the final 30 days, must try to schedule it before termination; if that cannot be done, the Court will grant a temporary 30-day extension.

The Court shall schedule an extension hearing in all cases where a request for an extension is filed. If the extension request is filed during the thirty-day period immediately prior to the termination of the order, the Court shall attempt to schedule the case before the termination date. If the Court cannot schedule the matter before the termination date, the Court will grant the request for a temporary thirty-day extension under 48.365(6) or 938.365(6), Wis. Stats.

CRITICAL

The responsible agency must notify the Court at least 30 days before an order terminates whether it will seek an extension or allow the order to terminate.

The agency primarily responsible for implementation of a dispositional order shall notify the Court at least thirty days prior to the termination of an order as to whether the agency will seek to extend the dispositional order or to allow it to terminate.

WARNING

If the defendant or an interested party appears at the scheduled default-motion hearing, the matter will be adjourned so the plaintiff can appear and present appropriate evidence.

In the event the defendant or any interested party appears on the date of the scheduled motion hearing, the matter will be adjourned to permit plaintiff to appear and present whatever evidence as may be appropriate.

WARNING

An extension takes effect when the existing order terminates, regardless of the hearing date; if the order was temporarily extended, the extension takes effect when that temporary extension ends.

All extensions of a dispositional order shall take effect at the termination date of the dispositional order being extended regardless of the date of the hearing on the extension, except that in the case of a disposition that has been temporarily extended for up to thirty days under 48.365(6), Wis. Stats., any extension shall take effect at the termination of the extended date.

WARNING

The Court will not routinely waive time limits.

The Court will not routinely waive time limits.

INFO

An agency with no prior experience with the juvenile may request more time to prepare the court report.

If the agency preparing the court report has not had any prior experience with the juvenile, the agency may request an extension for preparation of the court report.

INFO

After giving notice, the agency may revise its decision if reconsideration or new factors lead it to determine that the original decision was incorrect.

The agency may revise its decision after giving such notice if it determines that the original decision was incorrect based on reconsideration or new factors.