Jefferson County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

Petitions that are not submitted timely may not be paid.

Petitions not timely submitted may not be paid.

WARNING

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

Deadline

2 working days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

20 calendar days

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.

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

Deadline

10 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

5 business days

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Deadline

5 business days

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.

WARNING

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.

WARNING

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.

CRITICAL

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.