Jefferson County Circuit Court, Wisconsin

The clerk may accept faxed papers for filing only if the transmission complies with the local rule or is approved by the assigned judge or court commissioner and certified by the party or attorney.

c) The clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney. (Wis. Stat. 801.16(2)(d))

Page 7 | 6) FACSIMILE TRANSMISSION OF DOCUMENTS

Facsimile documents transmitted directly to the courts will not be accepted for filing.

i) Facsimile documents transmitted directly to the courts shall not be accepted for filing.

Page 7 | 6) FACSIMILE TRANSMISSION OF DOCUMENTS

Objections to proposed orders must be made in writing within five days or are forfeited; the five-day rule does not apply to defaulted parties, who cannot object to substantive matters absent a motion to the Court.

iv) The "5 Day Rule" will not apply to defaulted parties. Defaulted parties do not have the right to object to substantive matters absent motion to the court. v) Any objections shall be made in writing within 5 days or be deemed forfeited.

Page 8 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Orders

A de novo motion must be filed within 20 consecutive calendar days after the oral decision or, if no oral decision was given at the hearing, after mailing of the written decision or order; weekends and holidays count.

A party seeking review of a decision of the Circuit Court Commissioner shall file a de novo motion within 20 calendar days of the oral decision or within 20 calendar days of the mailing of a written decision or order if the decision or order was not given orally by the Court Commissioner at the time of hearing. As set forth under s. 801.15(1), 20 days are counted consecutively and include weekends and holidays.

Page 8 | 8) DE NOVO REVIEW OF CIRCUIT COURT COMMISSIONER'S DECISION — In General

Petitions that are not submitted timely may not be paid.

Petitions not timely submitted may not be paid.

Page 9 | GENERAL RULES (Applies to all case types)

If a defendant fails to appear, the three specified documents must be filed within 30 days for default judgment; otherwise, the case will be dismissed.

i) If a defendant does not appear at the time of the reading of the calendar, default judgment will be entered against the defendant as determined by the Court upon the filing of proof of service of the Summons and Complaint, Declaration of Non-Military Service, and Affidavit of No Answer within 30 days. If these three documents are not filed within 30 days, the case will be dismissed.

Page 12 | Default Judgment and Dismissals

The landlord must file an itemized damages list at least one week before the damages return date, send it to the tenant at least seven calendar days before that date, and prepare and file an Affidavit of Mailing.

At least one week prior to the return date on the money damages claim, the landlord shall file a damages list, including a specific itemization of the money damages sought with the court and must send a copy to the tenant at least seven (7) calendar days prior to the return date on the money damages claim. The landlord shall prepare and file an Affidavit of Mailing of the damages list.

Page 12 | g) Eviction Actions

If an ex parte order is granted, the Court must set a hearing within five days.

if the order is granted, the Court shall set the matter for hearing within five (5) days.

Page 13 | FAMILY COURT RULES — EX PARTE PRACTICE

The attorney for a represented party must file the Case Status Report within 90 days after service of the Summons and Petition.

If a party is represented by an attorney, the attorney shall file a Case Status Report within 90 days of service of the Summons and Petition.

Page 13 | PRE-TRIAL PRACTICE — Case Status Reports

The preliminary Financial Disclosure Statement and income documentation are due on or before the hearing.

Each party shall file a preliminary Financial Disclosure Statement, with attached documentation of income, on, or before the date of the hearing.

Page 13 | TEMPORARY ORDERS HEARING

The assigned party or attorney must submit the Findings and Orders within ten business days after the hearing, unless the Court directs an earlier submission.

The party or attorney assigned to draft the Findings and Orders shall submit the document to the Court within ten (10) business days after the hearing or earlier if so directed by the Court.

Page 14 | SUBMISSION OF ORDERS

If the assigned party or attorney misses the Court's deadline, the Court will send one reminder letter requiring submission within five business days.

If the party or attorney responsible to submit the Findings and Orders fails to do so within the time assigned by the Court, the Court will send one reminder letter to the individual to file the document within five (5) business days.

Page 14 | SUBMISSION OF ORDERS

Findings of Fact, Conclusions of Law and Judgment must be submitted within 30 days of the final hearing.

Findings of Fact, Conclusions of Law and Judgment shall be submitted within 30 days of the date of final hearing

Page 15 | FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

A status letter must be filed with the Probate Court every six months in a special administration.

The special administrator or attorney for the special administrator shall file a status letter with the Probate Court every 6 months.

Page 17 | PROBATE COURT RULES — ESTATE MATTERS — Special Administration

An estate must be closed within fourteen months after the Petition for Formal Administration or Application for Informal Administration is filed.

All estates shall be closed within fourteen (14) months of the filing of a Petition for Formal Administration or an Application for Informal Administration.

Page 18 | PROBATE COURT RULES — Extensions of Time to Close Estates

The guardian must complete and file the termination forms within 30 days after receiving the Register in Probate’s letter.

ii) Upon receipt of the letter from the Register in Probate, the guardian shall have thirty (30) days in which to complete and file the forms necessary to terminate the guardianship and have the guardian discharged.

Page 19 | Termination of Guardianship

The Statement of GAL must be filed at least 24 hours before the final hearing.

iii) Any GAL appointed for a minor in a civil commitment matter shall file a Statement of GAL (JD-1799) at least twenty-four (24) hours prior to the final hearing.

Page 19 | CIVIL COMMITMENT MATTERS

Pre-trial motions, including the listed examples, must be filed and heard before the Final Status/Scheduling Conference.

a) Pre-trial motions, including without limitation, motions to suppress evidence under § 971.31(2), Wis. Stats.; Miranda-Goodchild motions under § 971.31(3), Wis. Stats.; motions to introduce character or other acts evidence under & 904.04, Wis. Stats.; and motions to exclude or limit expert testimony under the Daubert standard, must be filed and heard prior to the date of the Final Status/Scheduling Conference.

Page 20 | MOTIONS

The Plea Questionnaire/Waiver of Rights form must be completed before the scheduled plea hearing.

a) It is the responsibility of defense counsel to complete the Plea Questionnaire/Waiver of Rights form (CR-227) with the defendant prior to the scheduled time of the plea hearing.

Page 20 | PLEA HEARINGS

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

a) An attorney who represents a defendant shall file with the Court and the District Attorney a notice of retainer or order appointing counsel as soon as practicable.

Page 20 | ATTORNEY OF RECORD

Disposition reports and their copies must be filed or delivered no later than two working days before the hearing.

All copies are to be filed/delivered no later than 2 working days prior to the hearing.

Page 24 | Court Report

The Department must request the Judicial Review in writing one month before it is required by law.

Specifically, the Department shall request in writing to the Court the Judicial Review one month before it is required by law.

Page 24 | Permanency Plan Reviews

The party transmitting a facsimile document is responsible for ensuring that it is received timely and completely.

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

Page 7 | 6) FACSIMILE TRANSMISSION OF DOCUMENTS

A proposed order submitted without a cover letter stating the hold period will be held for five days unless the assigned court official directs otherwise.

iii) All proposed orders submitted without a cover letter indicating the hold period will be held for 5- days unless otherwise directed by the assigned court official.

Page 8 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Orders

Unless contract terms or conditions provide otherwise, court-appointed counsel or a GAL must submit a payment petition at least quarterly and within 10 days after the final hearing.

a) Unless otherwise addressed by contract terms and/or conditions, court appointed counsel/GAL shall submit a petition for payment at least quarterly and within 10 days following the final hearing.

Page 9 | 9) GAL/COURT APPOINTED COUNSEL: PAYMENT

When the money-damages claim is not ripe, the matter is bifurcated; after an eviction judgment, the Court will schedule a return date on the damages claim approximately 30–60 days after the tenant vacates.

If the complaint requests both eviction and money damages but the money damages portion of the claim is not fully ripe for hearing due to the tenant not vacating the premises or other reason, the matter will be bifurcated. First the Court will resolve the eviction matter. If a Judgment of Eviction is granted, the Court will schedule a return date on the money damages claim approximately 30-60 days after the tenant vacates.

Page 12 | g) Eviction Actions

If the opposing party does not timely approve the proposed findings or the matter involves a default judgment, the document may be submitted to the Court on a five-day objection period.

If the opposing party fails to timely approve the proposed Findings of Fact, Conclusions of Law and Judgment, or in the event of a default judgment, the document may be submitted to the Court on a five (5) day objection period.

Page 15 | FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

Brief motions in limine expected to take 15 minutes or less may be filed at or before the Final Status/Scheduling Conference.

Brief motions in limine, which will take fifteen (15) minutes or less, may be filed at or before the Final Status/Scheduling Conference.

Page 20 | MOTIONS

In order to comply with Wis. Const. art. 1, § 9m(2) and § 950.04(1v) (ag), Wis. Stats., the court may order victim or witness name and other identifying information sealed at the time of initial appearance or other proceedings upon written motion filed prior to, or, at the time of hearing.

In order to comply with Wis. Const. art. 1, § 9m(2) and § 950.04(1v) (ag), Wis. Stats., the court may order victim or witness name and other identifying information sealed at the time of initial appearance or other proceedings upon written motion filed prior to, or, at the time of hearing.

Page 21 | VICTIMS' RIGHTS

A party may file a written objection within five business days after the signed order is filed.

A party may file written objection within five (5) business days after a signed order is filed with the court.

Page 21 | VICTIMS' RIGHTS

Objections must be made in writing within five days as defined by law or are deemed waived; the five-day rule does not apply to defaulted parties, who may not object to substantive matters absent a motion to the Court.

Any objections shall be made in writing within 5 days as defined by law or be deemed waived. This "5 Day Rule" will not apply to defaulted parties. Defaulted parties do not have the right to object to substantive matters absent motion to the court.

Page 10 | Submission of Documents to Opposing Counsel

If the Court permits telephonic or video testimony, the proponent must provide all parties and counsel complete, legible copies of documents or records the witness relies on or can access.

It telephonic and/or video testimony is permitted by the Court, the proponent of the testimony shall provide all parties and counsel complete and legible copies of any documents or records upon which the witness is relying or to which the witness will have access during the testimony.

Page 6 | TELEPHONIC OR VIDEO TESTIMONY

The party requesting a continuance must provide a copy of any written request to all other parties or their attorneys if represented.

(6) The requesting party shall provide a copy of any such written request to all other parties or, if represented, their attorneys.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

An objection to an adjournment must be provided to all other parties or their attorneys if represented, and must indicate on its face that copies were provided.

(8) Any objection to adjournment must be provided to all other parties or, if represented, their attorneys, and shall indicate on its face that copies have been so provided.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

For documentary exhibits presented at an evidentiary hearing or trial, counsel must provide legible copies to all counsel of record and the Court, and submit copies to opposing counsel before presenting the exhibits as evidence.

Whenever documentary exhibits are presented by counsel during evidentiary hearings or trial, legible copies shall be provided to all counsel of record and to the Court. Legible copies shall be submitted to opposing counsel before being submitted as evidence to the Court.

Page 8 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Documentary Exhibits

Unless the Court directs otherwise, proposed orders, findings, conclusions of law, or judgments submitted to the Court must be submitted to opposing counsel at the same time.

Unless the Court directs otherwise, all proposed Orders, Findings and/or Conclusions of Law or Judgment submitted to the court shall be simultaneously submitted to opposing counsel

Page 8 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Orders

For documentary exhibits presented at an evidentiary hearing or trial, counsel must provide legible copies to all counsel of record and the Court, and submit the copies to opposing counsel before presenting them to the Court as evidence.

Whenever documentary exhibits are presented by counsel during evidentiary hearings or trial, legible copies shall be provided to all counsel of record and to the Court. Legible copies shall be submitted to opposing counsel before submitted as evidence to the Court.

Page 10 | Documentary Exhibits

Unless the Court directs otherwise, proposed orders, findings, conclusions of law, and judgments submitted to the Court must be submitted to opposing counsel at the same time.

Unless the Court shall otherwise direct, any proposed Order, Findings, Conclusions of Law or Judgment submitted to the court shall be simultaneously submitted to opposing counsel.

Page 10 | Submission of Documents to Opposing Counsel

Small-claims service must follow Wis. Stat. § 799.12, except the Court does not authorize the service methods in subsections (2) and (3).

iii) Service shall be as set forth in s. 799.12 Wis. Stats, except the court does not authorize service as set forth in s.799.12(2) and (3) Wis. Stats.

Page 11 | PROCEDURES SPECIFIC TO SMALL CLAIMS PRACTICE

Non-earnings garnishment actions require personal service on both the Garnishee Defendant and Judgment Debtor, and proof of service must be filed before proceeds are released.

i) Personal service on the Garnishee Defendant and the Judgment Debtor is required for all non- earnings garnishment actions. Proof of service must be filed with the Court before any proceeds can be released.

Page 12 | h) Garnishments

The landlord must send the itemized damages list to the tenant at least seven calendar days before the return date on the money-damages claim.

At least one week prior to the return date on the money damages claim, the landlord shall file a damages list, including a specific itemization of the money damages sought with the court and must send a copy to the tenant at least seven (7) calendar days prior to the return date on the money damages claim. The landlord shall prepare and file an Affidavit of Mailing of the damages list.

Page 12 | g) Eviction Actions

A plaintiff may dismiss without Court leave before the return date and must notify the defendant not to appear if the case is dismissed before that date.

ili) Plaintiffs may dismiss the matter at any time before the return date without leave of the Court. It is the plaintiff's responsibility to notify the defendant not to appear on the return date if the case is dismissed prior to the return date.

Page 12 | Default Judgment and Dismissals

The moving party must schedule the motion hearing and give the other party at least five business days’ advance written notice.

It is the responsibility of the moving party to schedule the hearing on the motion and to provide at least five (5) business day advance written notice to the other party.

Page 20 | MOTIONS

Notice of the withdrawal hearing must be given to the Court, the State, and the defendant.

b) An attorney who intends to withdraw as counsel of record shall first file a written motion and schedule the matter for hearing with notice to the Court, the State and the defendant.

Page 20 | ATTORNEY OF RECORD

Notice and effectuation of a Jefferson County contract GAL’s appointment must be made by serving the pleadings and documents.

ii Jefferson County Contract Guardian ad Litem Notification: Notice and effectuation of the appointment of the Jefferson County contract GAL shall be by service of the pleadings and documents.

Page 22 | LEGAL REPRESENTATION FOR MINORS — Notification of Appointment

The GAL must be served with the pleadings that resulted in the appointment, documents filed with them, and, for Human Services Department pleadings, the records on which the Department specifically relies.

i) The following shall be served upon the GAL: copies of all pleadings resulting in the appointment of a GAL, all documents filed with such pleadings, and for pleadings filed by or at the request of the Human Services Department, the records upon which the Department specifically relies in making the request or filing the pleading.

Page 22 | Documents to be Served

The department must file the disposition report with the Clerk and deliver copies to the listed recipients no later than two working days before the hearing.

The department shall prepare a written report for use at all hearings on disposition and shall file this report with the Clerk of Court and shall also deliver copies of said report to the District Attorney's or Corporation Counsel's office, the child, the child's parents, the GAL, and counsel of record. All copies are to be filed/delivered no later than 2 working days prior to the hearing.

Page 24 | Court Report

The petitioner's attorney must mail the specified statutory copies and the order to an absent parent at the parent's last known address by regular first-class mail.

The attorney for the petitioner shall provide any such parent not present in court at the time the order is made with such copies at his or her last known address by regular first class mail, together with a copy of the order.

Page 25 | TERMINATION OF PARENTAL RIGHTS

When entering a termination-of-parental-rights order, the court must provide the parent present in the courtroom with copies of the specified statutes.

Upon making an order for termination of parental rights, the court shall provide the parent or parents whose rights are terminated, if present in the courtroom, with a copy of § 48.432 and § 48.433 Wis. Stats., relative to those provisions.

Page 25 | TERMINATION OF PARENTAL RIGHTS

Unless a specific statute directs otherwise, the filing party must distribute an order once it is signed.

vi) Unless there is a specific statutory directive, it is the obligation of the filing party to distribute orders once signed.

Page 8 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Orders

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court for Court consideration.

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court for Court consideration.

Page 11

Mail service is permitted for earnings garnishment.

ii) Mail service for Earnings Garnishment is permitted.

Page 12 | h) Garnishments

A special administrator who comes into control of assets must pay the statutory filing fee, unless the special administration is converted to formal or informal administration.

The special administrator must file an inventory and pay the statutory filing fee if they come into control of any assets. This requirement will be waived if the special administration is converted to a formal or informal administration.

Page 17 | PROBATE COURT RULES — ESTATE MATTERS — Special Administration

Pursuant to § 48.41 Wis. Stats., private petitioners will pay a $250 $500 non-refundable guardian ad litem deposit at the time of filing. If the fees of a private GAL exceed the amount of the deposit, the court will make an order for reimbursement at the final hearing.

Pursuant to § 48.41 Wis. Stats., private petitioners will pay a $250 $500 non-refundable guardian ad litem deposit at the time of filing. If the fees of a private GAL exceed the amount of the deposit, the court will make an order for reimbursement at the final hearing.

Page 25 | TERMINATION OF PARENTAL RIGHTS

The Clerk accepts the listed payment methods but will refuse financial-obligation payments made all or mostly in more than five rolls of coins and refer the payer to a nearby bank to process the coins.

aj Understanding that the Clerk of Court's Office accepts a variety of payment methods including cash, checks, money order; cashier checks and through outside vendors that accept payment via credit card by phone and online - the Clerk of Court's Office will refuse payment of financial obligations if/when the debt is attempting to be paid in all or mostly rolled or unrolled coins (in excess of 5 rolls.) The Payer will be referred to a bank near the Courthouse to have the coins either counted and converted to cash or counted and rolled into a form of payment that can be reasonably and efficiently processed. (In re Reyes, 482 B.R. 603 (2012) and Picano v. Borough of Emerson, 353 Fed.Appx. 733, 735 (3rd Cir. 2009).

Page 9 | GENERAL RULES (Applies to all case types)

No filing fee is required for a facsimile document, and the circuit court need not pay an additional fee or charge to accept or receive it.

d) No filing fee is required. e) No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

Page 7 | 6) FACSIMILE TRANSMISSION OF DOCUMENTS

The court may seal a victim’s or witness’s name and identifying information at an initial appearance or other proceeding upon a written motion filed before or at the hearing.

In order to comply with Wis. Const. art. 1, § 9m(2) and § 950.04(1v) (ag), Wis. Stats., the court may order victim or witness name and other identifying information sealed at the time of initial appearance or other proceedings upon written motion filed prior to, or, at the time of hearing.

Page 21 | VICTIMS' RIGHTS

Before bringing a covered discovery motion, the movant must consult with the opposing party in person or by telephone and sincerely attempt to resolve the differences.

(3) All motions to compel discovery or production of documents pursuant to the Wisconsin Statutes governing civil procedure, or any motion to serve additional interrogatories must be accompanied by a statement in writing by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord.

Page 11

Before filing the covered discovery motions, the movant must consult with the opposing party and make sincere resolution attempts; the motion must include a written statement documenting the unsuccessful consultation, its date and place, and the participants.

All motions to compel discovery or production of documents pursuant to the Wisconsin Statutes governing civil procedure, or any motion to serve additional interrogatories must be accompanied by a statement in writing by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

Page 13 | PRE-TRIAL PRACTICE — Discovery Proceedings

When the parties cannot resolve all financial issues, the Court will order financial mediation before routing the case for a contested final hearing; parties must attend and cooperate if ordered, subject to limited court-discretionary waivers.

It the parties are unable to reach an agreement resolving all financial issues (property division, debt division, or maintenance), the Court will order the parties to attend financial mediation prior to routing the matter for a contested final hearing. The parties shall attend and cooperate in the mediation process if ordered. Any party failing to engage or cooperate in the mediation process is subject to sanctions. There may be very limited circumstances in which the requirement for financial mediation is waived and such waivers are at the discretion of the court.

Page 14 | PRE-TRIAL PRACTICE — Financial Mediation

A party seeking more interrogatories should first promptly consult and attempt to obtain a written stipulation; if agreement is not reached, the party may seek court permission by motion showing necessity.

(2) If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the Court for Court consideration. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the Court for permission to serve additional interrogatories. The motion shall show the necessity for the relief requested.

Page 11

A party seeking additional interrogatories should promptly consult the opposing party and try to reach a written stipulation for a reasonable number.

If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories.

Page 14 | PRE-TRIAL PRACTICE — Limitation of Interrogatories

4) ADJOURNMENTS 13 a) Permission Required - See General Section 7. a .13

4) ADJOURNMENTS 13 a) Permission Required - See General Section 7. a .13

Page 4 | FAMILY COURT RULES

In non-criminal cases, the requesting party must first contact the other parties and include their position in the adjournment request.

(a) In non-criminal case types the party requesting the adjournment must first contact the other party(ies) and include their position in any request.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

A stipulated continuance request requires the parties’ written or on-record consent and must include the scheduled hearing date and time, a good-cause basis, victim-rights compliance if applicable, and a proposed order.

ii) Stipulated requests for continuance require the consent of the parties in writing or on the record and must include: (1) the date/time of the hearing(s) scheduled; (2) a good cause basis; (3) victim rights compliance, if applicable. (4) (be submitted along with) a Proposed Order for Continuance.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

A non-stipulated continuance request must be made in writing or on the record and include the scheduled hearing date and time, a good-cause basis, sufficient time to schedule a hearing whenever possible, statutory notice to the other parties, and victim-rights compliance information if applicable.

iii) Non-stipulated requests for continuance must be submitted in writing or on the record and must (1) the date/time of the hearing(s) scheduled; (2) a good cause basis; (3) whenever possible, sufficient time to schedule a hearing; (4) statutory notice to the other party/parties. (5) information regarding victim rights compliance; if applicable.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

All continuance requests require court approval.

i) All requests for continuance are subject to approval of the court.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

An adjournment requires specific Court permission; the written request must state its reason and the opposing party’s position and be copied to the other parties or their attorneys, who must likewise receive any objection, which must show service on its face. If no objection is filed within five days, the Court may grant the request in its discretion.

(1) No adjournment of any proceeding will be granted without specific permission of the Court. Requests to adjourn must be made to the Court in writing, shall state the reason for the request for adjourment and shall state whether the opposing party consents to adjourn. The requesting party shall provide a copy of any such written request to all other parties or, if represented, their attorneys. If no objection is filed within five days, the Court may grant the requested adjournment, in its discretion, on that basis alone. Any objection to adjournment must be provided to all other parties or, if represented, their attorneys, and shall indicate on its face that copies have been so provided.

Page 11 | d) Adjournments

A telephone adjournment request may be made only when all parties have not stipulated to the adjournment; the requesting party must arrange an expedited all-party conference call with the Court’s judicial assistant, subject to Court approval.

(1) Telephone requests for adjournments may be made only the adjournment is not stipulated to by all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Court's judicial assistant upon approval by the Court.. This conference shall be expedited, as required by law.

Page 11 | ii) Telephonic requests

ii) Telephonic requests for adjournments may be made only if the adjournment is by stipulation of all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Clerk of Courts-Small Claims Division for rescheduling.

ii) Telephonic requests for adjournments may be made only if the adjournment is by stipulation of all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Clerk of Courts-Small Claims Division for rescheduling.

Page 12 | e) Adjournments

An adjournment requires permission under General Section 7(a).

Permission Required - See General Section 7. a.

Page 14 | ADJOURNMENTS

If an estate cannot be closed within the statutory or prescribed time limit, a Petition for Extension and proposed order must be submitted to the court.

When an estate cannot be closed within the statutory or prescribed time limits, a Petition for Extension shall be filed with the Court. A proposed order must also be submitted.

Page 18 | PROBATE COURT RULES — Extensions of Time to Close Estates

An adjournment request must detail efforts to obtain agreement from other parties and state whether the Victim’s Rights Law has been complied with; without the detailed description, the request will be summarily denied.

a) Any request to change a scheduled hearing date or time must be preceded by-and include a detailed description of-the efforts to obtain agreement from any other party. All adjournment requests must indicate whether the Victim's Rights Law has been complied with. If the party requesting the change fails to include the required detailed description, the request will be considered summarily denied and there will be no further action taken by the Court's Judicial Assistant or the Court.

Page 20 | ADJOURNMENTS

If no objection is filed within five days, the Court may, in its discretion, grant the adjournment on that basis alone.

(7) If no objection is filed within five days, the Court may grant the requested adjournment, in its discretion, on that basis alone.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

For a continuance request or objection made within five days of a hearing, the Court may decide the matter without a hearing.

(a) For requests and/or objections made within 5 days of a hearing, it is within the Court's discretion to act on the matter without hearing.

Page 7 | 7) SUBMISSION of DOCUMENTS TO OPPOSING COUNSEL — Proposed Continuances

The parties may agree to continue the ex parte order and schedule a later hearing.

The parties may agree to continue the ex parte order and set a later hearing date.

Page 13 | FAMILY COURT RULES — EX PARTE PRACTICE

The guardian may request additional time to complete the termination forms, which the Register in Probate may grant.

Upon request from the guardian, the Register in Probate may granted additional time to complete the forms.

Page 19 | Termination of Guardianship

The listed participants must not engage in ex parte communications with circuit judges or the court commissioner about pending or impending proceedings, except for scheduling or administrative matters and authorized emergency ex parte proceedings.

All attorneys shall comply with SCR 20:3.5. Attorneys, pro se parties, relatives, potential witnesses or other private individuals, and county agency personnel, shall not initiate or participate in ex parte communications with circuit judges or the court commissioner regarding a pending or impending action or proceeding, directly, through support staff or other court personnel, or by mail or email, except as to scheduling and administrative matters or for purposes of emergency ex parte proceedings as authorized above or elsewhere by rule or statute.

Page 9 | GENERAL RULES (Applies to all case types)

A party or attorney who becomes aware of specified multiple filings concerning the same child that are assigned to different court officials must immediately bring them to the judge's and clerk's attention.

If a party or attorney becomes aware of multiple filings regarding the same child/ren in cases denominated FA, PA, JC, GN, IN and IP, and those cases are not already assigned to the same court official, this shall immediately be brought to the attention of the judge and clerk.

Page 9 | GENERAL RULES (Applies to all case types)

Attorneys must not copy the Court on letters concerning substantive matters.

Attorneys must keep in mind that letters concerning substantive matters shall not be copied to the Court, as it is a breach of the local rules of civility to do so and these rules..

Page 10 | Letters to Court

(1) Telephone requests for adjournments may be made only the adjournment is not stipulated to by all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Court's judicial assistant upon approval by the Court.. This conference shall be expedited, as required by law.

(1) Telephone requests for adjournments may be made only the adjournment is not stipulated to by all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Court's judicial assistant upon approval by the Court.. This conference shall be expedited, as required by law.

Page 11 | ii) Telephonic requests

ii) Telephonic requests for adjournments may be made only if the adjournment is by stipulation of all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Clerk of Courts-Small Claims Division for rescheduling.

ii) Telephonic requests for adjournments may be made only if the adjournment is by stipulation of all parties. It is the responsibility of the requesting party to arrange for a conference call by all parties with the Clerk of Courts-Small Claims Division for rescheduling.

Page 12 | e) Adjournments

Litigants must contact the Clerk's office to arrange device use and testing, complete all testing during normal business hours before the hearing or trial, and may contact the clerk for a technology summary.

The courtrooms are equipped with integrated audiovisual equipment. It is the litigant's responsibility to contact the Clerk of Court's office to arrange for use and testing of their electronic device (ie: laptop) to ensure compatibility with the court's equipment. All testing must be completed during normal business hours prior to the date of the hearing/trial. Contact the clerk for a summary of the court's available technology.

Page 9 | GENERAL RULES (Applies to all case types)

A private attorney’s appointment takes effect when the attorney tells the clerk that they accept it.

The appointment is effective upon the attorney's statement to the clerk that he or she accepts the appointment.

Page 22 | LEGAL REPRESENTATION FOR MINORS — Notification of Appointment

Attorneys of record must communicate with one another and the Judicial Assistant as soon as practical about the time needed for a hearing.

i) All attorneys of record shall communicate with each other and the Judicial Assistant as soon as practical regarding the amount of time needed for a hearing.

Page 23 | Pre-Hearing Practice