Kewaunee County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

The defendant may join issue in any small claims action, without appearing on the return date, by filing a written answer, provided such answer is received by the clerk of court and the plaintiff not later than 4:00 p.m. on the Friday preceding the return date.

The defendant may join issue in any small claims action, without appearing on the return date, by filing a written answer, provided such answer is received by the clerk of court and the plaintiff not later than 4:00 p.m. on the Friday preceding the return date.

CRITICAL

Facsimile papers are filed when the circuit court clerk receives them; they are the official, non-substitutable record, and additional or duplicate copies must not be sent.

B. Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.

CRITICAL

Facsimile filings are considered filed when transmitted, except transmissions completed after the clerk's regular business hours are considered filed the next business day.

305 Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission completed after regular business hours of the clerk of court's office are considered filed the next business day per §801.16(2)(c), Wis. Statutes.

WARNING

The transmitting party is solely responsible for ensuring the facsimile document is received timely and completely.

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

WARNING

The court and clerk are not responsible for transmission errors or failures or for periods when a court fax machine is inoperable.

304 The court or clerk is not responsible for: a. Errors or failures in transmission that result in missing or illegible documents. b. Periods when a court facsimile machine is not operational for any reason.

CRITICAL

A request for a De Novo hearing must be filed with the Clerk of Court within 30 days after the initial order is filed and must identify the issues to be addressed with reasonable specificity.

Requests for De Novo hearings pursuant to Section 757.69(8), Wis. Stats., shall be filed with the Clerk of Court within thirty (30) days after the initial order was filed and shall state with reasonable specificity the issues to be addressed at said hearing.

CRITICAL

Attorneys may not copy pre-sentence investigation reports or allow anyone to remove them from their presence, and must file their copy with the presiding judge immediately after sentencing concludes.

Attorneys are prohibited from copying such reports or allowing any individual to remove the report from their presence, and shall file their copy of the report with the presiding judge immediately upon conclusion of the sentencing hearing.

CRITICAL

After notice that a required report was not received, the parties have 15 days to advise the court of their intentions; absent a response, the judge shall dismiss the action.

If no report is received as required by Rule 1204, the court shall send notice to the parties that they will have fifteen (15) days to advise the court of their intentions. If no response is then received, the judge shall dismiss the action.

CRITICAL

Deadline

5 business days

Written objections must be filed within five business days of service or mailing; failure to object waives objections, and the document is deemed signed unless objections are filed.

Objections to the form or content of the document submitted shall be filed in writing with the court within five (5) business days of service or mailing. Failure to file written objections shall be deemed a waiver of objections. The document will be deemed signed unless objections have been filed.

CRITICAL

The respondent must file responsive materials or a written waiver within 20 days after the movant's brief is filed; otherwise the right is presumed waived and no further briefs or supporting documents will be accepted.

The respondent shall have twenty (20) days from the filing of the movant's brief within which to file a responsive brief and supporting documents, or waive in writing the right to do so. If the respondent fails to file a brief and supporting documents or waiver of the same within the twenty (20) day period, it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. A decision shall be based upon the record as timely filed.

CRITICAL

Deadline

10 business days

The State must respond to a discovery demand within 10 business days after it is filed.

The State shall respond to the demand for discovery within ten (10) business days of the date of filing.

CRITICAL

Before obtaining a hearing date and time to enforce a divorce judgment or family court commissioner temporary order, the party must file an Order to Show Cause or other appropriate motion with the clerk.

Prior to obtaining a date and time from the court, any party seeking to enforce a judgment or portion of judgment of divorce or a temporary order of the family court commissioner, shall file with the clerk of court an Order to Show Cause or other appropriate motion and pay such fee as required.

CRITICAL

Defense counsel must file discovery motions in felony and misdemeanor cases within 5 business days after arraignment.

Motions for discovery in felony and misdemeanor cases shall be filed by defense counsel within five (5) business days of the date of arraignment.

CRITICAL

The court reviews each civil case for service and answer within 80 days after filing and initiates dismissal or default proceedings if the case has not reached issue.

All civil cases will be reviewed for service and answer within eighty (80) days after filing. If at that time it is found that a case has not reached issue, a dismissal order or default proceeding shall be initiated by the court.

CRITICAL

Jury-instruction requests must be submitted before jury argument begins unless the trial judge permits or orders otherwise.

Requests for instructions shall be submitted to the court before argument to the jury is begun unless the trial judge otherwise permits or orders.

CRITICAL

The program attendance certification must be filed before a final judgment or order is granted.

Certification from the program provider of attendance by each party of at least four (4) hours at such an approved program shall be filed with the court before a final judgment or order will be granted in the action.

CRITICAL

The deadline for a defendant’s pre-trial motions does not begin until discovery is given to the defendant.

The time in which a defendant must file pre-trial motions shall not commence to run until the date that discovery is given to the defendant under the Code of Criminal Procedure.

CRITICAL

All pleas must be of record by the scheduled trial date.

All pleas must be of record on or before the scheduled trial dates.

CRITICAL

The motion brief and its required copies must be served and filed at least 10 days before the scheduled hearing.

The brief shall be served and filed with the clerk of court; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the judge with the Notice of Motion at least days ten (10) days prior to any scheduled hearing date.

CRITICAL

The district attorney must prepare juvenile orders within 10 days after the disposition hearing, unless the court designates another party to prepare them.

The district attorney shall prepare all juvenile orders within ten (10) days of the disposition hearing. The court may designate responsibility for the preparation of orders to another party as appropriate.

CRITICAL

Deadline

72 hours

After an adjudication, court reports must be submitted to the juvenile clerk 72 hours before the disposition hearing.

Court reports shall be submitted to the juvenile clerk seventy-two (72) hours prior to the disposition hearing after an adjudication.

CRITICAL

Deadline

20 business days

The required stipulated-divorce documents must be filed at least 20 business days before the commissioner hearing.

If a stipulated divorce is to be heard by the family court commissioner, the Final Stipulation and each party's Final Financial Disclosure Statement and the Findings of Fact, Conclusions of Law and Judgment of Divorce must also be filed with the family court commissioner at least twenty (20) business days prior to the start of the hearing. Failure to file these documents in a timely fashion may result in sanctions or the cancellation of the hearing.

CRITICAL

Motions in limine must be made at least 30 days before trial.

Any motions in limine must be made in writing, with a written discussion thereof and legal authorities, at least thirty (30) days before the trial date, with a copy served on opposing counsel.

CRITICAL

The written conference report must be submitted to the court seven days before trial.

Each counsel shall make a written letter report to the court regarding the results of the conference seven (7) days before trial.

CRITICAL

The Department of Corrections must file the original and two copies of the pre-sentence investigation with the presiding judge seven days before sentencing; the judge must forward a copy to the district attorney and any defense counsel.

The Department of Corrections shall file seven (7) days prior to the sentencing hearing an original and two (2) copies of the pre-sentence investigation with the presiding judge who shall forward a copy to the district attorney and defense counsel, if any.

CRITICAL

The hearing notice must show a hearing date at least 120 days after filing, or as soon thereafter as the court is available.

The status/scheduling/final hearing notice will show the date at least one hundred twenty (120) days after the filing of the action, or as soon thereafter as the court is available, when a hearing is scheduled.

CRITICAL

A defendant who wishes to obtain a hearing on the plaintiff's default-judgment motion must request it in writing within 10 days of the notice date.

The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within ten (10) days of the date of the notice, default judgment shall be entered.

CRITICAL

The ADR success report must be provided no later than ten days before trial.

Counsel will provide the court with a report concerning the success of the alternative dispute resolution process agreed to by the parties or ordered by the court as soon as practicable, but no later than ten (10) days before trial.

CRITICAL

Deadline

2 business days

Briefs in opposition to such motions must be filed no later than two (2) business days prior to the hearing of the motion.

Briefs in opposition to such motions must be filed no later than two (2) business days prior to the hearing of the motion.

CRITICAL

Plea hearings will not be held after the scheduled trial date unless good cause exists.

Plea hearings will not be conducted after the scheduled trial date, except for good cause.

CRITICAL

Deadline

20 business days

In divorce actions where neither party has an attorney, the proposed final-hearing documents and completed financial disclosures must be submitted to the commissioner at least 20 business days before the hearing.

In all divorce actions in which neither party has retained an attorney, at least twenty (20) business days prior to the hearing date, the proposed Final Stipulation, Findings of Fact, Conclusions of Law and Judgment and completed Final Financial Disclosure Statements must be submitted to the family court commissioner for review and approval, and after approval, the approved originals and two copies of each must be filed with the clerk of court at least five (5) business days before the final hearing.

WARNING

The court may disregard briefs that are filed untimely.

Briefs filed in an untimely fashion may be disregarded by the court.