Lafayette County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

A non-stipulated continuance or rescheduling request must be made by motion for a hearing, and the victim witness coordinator must notify persons entitled to notice.

Non-stipulated requests for continuances or rescheduling must be made to the court by motion for a hearing on the request. Notice of such request shall be sent by the victim witness coordinator to persons entitled under sec. 950.04, Stats.

CRITICAL

A stipulated continuance request must be made in writing or on the record and show good cause and proper notification of victims and witnesses.

Stipulated requests for continuances of hearing dates or calendared matters shall be in writing or on the record and are to be based on a showing of good cause and proper notification of victims and witnesses as required by sec. 950.04, Stats.

CRITICAL

The court must schedule a hearing on every extension request, try to hold it before the order terminates when the request is filed in the final 30 days, and grant a temporary 30-day extension if it cannot do so.

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), Wisconsin Statutes.

CRITICAL

A criminal matter may not be continued or rescheduled unless victims and witnesses are notified, their interests are considered, and the District Attorney or victim witness coordinator can confirm this to the court.

Therefore, no matter scheduled in a criminal case shall be continued or rescheduled unless any victims and witnesses of the crime have been notified by the District Attorney of the continuance or rescheduling request, their interest considered, and the District Attorney or victim witness coordinator can so indicate to the court considering the continuation or rescheduling request.

CRITICAL

An extension request received during the 30 days before an order terminates must be accompanied by a request for a temporary 30-day extension.

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), Wisconsin Statutes, in order to schedule a hearing.

CRITICAL

A calendaring clerk must refer a party’s or counsel’s rescheduling request to the assigned judge, who may not grant it without required notice to affected victims or witnesses.

No circuit court calendaring clerk shall reschedule any scheduled criminal or Chapter 938 matter upon the oral or written request of a party or counsel in the proceeding, but shall refer any such rescheduling request to the Circuit Court Judge assigned to the case. The assigned judge shall not grant any rescheduling request if affected victims or witnesses have not been noticed as required by sec. 950.04, Stats.

CRITICAL

A stipulated request to continue a trial date or calendared matter must be in writing or on the record, show good cause, and establish proper victim and witness notification.

Stipulated requests for continuance of the trial date or calendared matters shall be in writing or on the record and must be based on a showing of good cause and proper notification of victims and witnesses as required by sec. 950.04, Stats.

CRITICAL

A calendaring clerk must refer a Chapter 938 rescheduling request to the assigned judge, who may not grant it unless affected victims or witnesses have been notified.

No court calendaring clerk shall reschedule any scheduled chapter 938 matter upon the oral or written request of a party or counsel in the proceeding, but shall refer any such rescheduling request to the Circuit Court Judge assigned to the case. The assigned judge shall not grant any rescheduling request if affected victims or witnesses have not been noticed as required by sec. 950.04, Stats.

CRITICAL

A covered Chapter 938 matter may not be continued or rescheduled unless victims or witnesses are notified, their interests are considered, and the appropriate office indicates this to the court.

Therefore, no matter scheduled in a chapter 938 case subject to the provisions of sec, 950.04, Stats., shall be continued or rescheduled unless any victim or witness of the juvenile's crime have been notified by the District Attorney or Corporation Counsel of the requested continuance or rescheduling, their interest considered, and the District Attorney, Corporation Counsel, or Victim Witness Coordinator's office can so indicate to the court considering the continuation or rescheduling request.

CRITICAL

A non-stipulated request for a continuance or rescheduling must be made to the court by motion for a hearing.

Non-stipulated requests for continuances or rescheduling must be made to the court by motion for a hearing on the request,

CRITICAL

The agency responsible for implementing a dispositional order must notify the court at least 30 days before the order terminates whether it will seek an extension.

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 allow it to terminate.

CRITICAL

Stipulated trial continuances require consent in writing or on the record and good cause; non-stipulated requests must be made by motion and hearing, with good cause shown by the party or the party's written consent, and all requests require court approval.

507 All stipulated requests for continuance of trial date shall require the consent of the attorney for a party or the party if he is not represented by counsel in writing or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. All requests for continuance are subject to the approval of the court.

WARNING

The court will not routinely waive time limits.

The court will not routinely waive time limits.