Lafayette County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

The sender is solely responsible for timely, complete receipt; a fax document is not filed if transmission errors make it missing, incomplete, or illegible, or if machine downtime prevents receipt.

The party transmitting the facsimile is solely responsible for ensuring the timely and complete receipt of the document. No document will be considered filed where: 1. There are errors or material omissions that result from errors in transmission causing missing, incomplete or illegible documents, or; 2. The document is not actually received because of periods when the facsimile machine is not operational for any reason.

CRITICAL

Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission after 4:30 p.m., or on weekends or holidays, are deemed filed at the opening of the office of the Clerk of Courts on the next business day.

Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission after 4:30 p.m., or on weekends or holidays, are deemed filed at the opening of the office of the Clerk of Courts on the next business day.

CRITICAL

Facsimile papers are filed upon receipt by the Clerk of Courts and become the official court record, which may not be substituted.

Facsimile papers are considered filed upon receipt by the Clerk of Courts and are the official record of the court and may not be substituted.

WARNING

The court, judge, and clerk are not responsible for transmission errors or failures causing missing or illegible documents, or for periods when a court fax machine is not operational.

The circuit court, judge or clerk, is not responsible for: 1. Errors or failures in transmission that result in missing or illegible documents. 2. Periods when a circuit court facsimile machine is not operational for any reason

CRITICAL

When a child or juvenile is placed outside the home without a requested custody hearing, an intake referral must be filed within five days of the custody order to avoid automatic termination and release; this rule does not apply to specified defendants age 14 or under held in secure custody.

11. Deadline for petitions if no custody hearing is requested a. If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant to §§48.24 or 938.24, Wisconsin Statutes, has been filed within five (5) days of the date of the custody order. b. This rule does not apply to defendants age 14 or under charged with an original adult court jurisdiction matter who are being held in secure custody.

CRITICAL

Deadline

4 working days

Court-ordered reports must be filed at least four working days before the scheduled dispositional hearing.

Court reports that have been ordered by the court shall be completed and filed with the court not less than four working days before the scheduled dispositional hearing.

CRITICAL

Deadline

2 business days

Opposition briefs for these motions must be filed at least 2 business days before the hearing and may be disregarded if untimely.

Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than 2 business days prior to the hearing of the motion. Briefs filed in an untimely fashion may be disregarded by the court.

CRITICAL

The parenting plan must be filed no later than five days before the Scheduling Conference.

Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Courts Office a parenting plan no later than five (5) days before the Scheduling Conference is held.

CRITICAL

Deadline

72 hours

When the statutory grounds for an extension exist and no petition has been filed by the custody hearing, a petition in a ch. 48 matter must be filed within 72 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.

3. If a petition under either ch. 48 or ch. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: b. Ch. 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.

CRITICAL

For motions other than summary judgment or dismissal, a supporting brief must be served and filed with the notice of motion or at least 10 days before the scheduled hearing.

If the movant desires to file a brief in support of a motion other than one for summary judgment or dismissal, the brief shall be served and filed with the judge's clerk with the notice of motion or at least 10 days prior to any scheduled hearing date.

CRITICAL

A motion to review a Family Court Commissioner decision must be filed within 20 days of signing of the written memorandum or order; untimeliness may be grounds for dismissal.

motion of any party for review by the Lafayette County Circuit Court of a decision of the Lafayette County Family Court Commissioner, shall be filed with the Lafayette County Circuit Court within twenty (20) days of the signing of any written memorandum or order by the Family Court Commissioner. Any motion for either a review of a decision of the Family Court Commissioner, or for a new hearing on the subject of the Family Court Commissioner's decision, order or ruling, shall be in writing and shall include a written brief or memorandum on the law in support of the motion. The motion or application for such review shall also include a statement that the motion is made within the time limits set forth by this rule. Failure of a party to file a motion within the time limits set forth by this court may be a basis for the court to dismiss the motion on its merits.

CRITICAL

Deadline

2 working days

If the defendant in a small claims action is a non?resident, the defendant shall permitted to join issue in any of the actions specified in sec. 799.01, Stats., without appearing on the return date by answering, either by mail or by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

If the defendant in a small claims action is a non?resident, the defendant shall permitted to join issue in any of the actions specified in sec. 799.01, Stats., without appearing on the return date by answering, either by mail or by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

CRITICAL

If a deadline passes while the clerk’s office or register in probate cannot conduct business, papers filed or fees paid on the next day business resumes are timely.

In the event that normal business hours cannot be maintained or normal business cannot be conducted in the office of the clerk of court and/or the register in probate, any papers filed or fees paid on the next day business is conducted shall be deemed timely, if a deadline passed while the office was unable to conduct business.

CRITICAL

Deadline

48 hours

When the statutory grounds for an extension exist and no petition has been filed by the custody hearing, a petition in a ch. 938 matter must be filed within 48 hours after the hearing.

3. If a petition under either ch. 48 or ch. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: a. Ch. 938 matters: 48 hours from the time of the hearing.

CRITICAL

Deadline

2 working days

A nonresident defendant covered by sec. 799.22(4)(am) may answer by telephone call to the Clerk's office at least two working days before the return date.

If the defendant is a non?resident under sec. 799.22(4)(am), Stats., then the defendant shall be permitted to join issue by answering by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

CRITICAL

Certification must be filed at least 15 days before a final or motion hearing, and the hearing will not be held until compliance unless the court excuses it for good cause.

The parties or their attorneys shall file certification of their and their K?8 childrens' completion of the applicable programs with the Clerk of Circuit Court at least 15 days before any final hearing, or motion hearing is held. No such Chapter 767, Stats., hearing will be held until this court rule has been complied with unless compliance has been excused by the court upon a good cause showing by a party.

CRITICAL

A defendant must request a hearing in writing within 15 days of the notice date to avoid entry of default judgment.

The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 15 days of the date of the notice, default judgment shall be entered.

CRITICAL

A consent decree must be presented to the court before the plea-negotiation deadline.

If a plea negotiation involves a Consent Decree, the consent decree must be reduced to writing, completely signed by all parties, and presented to the court prior to the deadline for plea negotiations.

CRITICAL

Deadline

48 hours

Requests for access to court records must receive a written response within 48 hours.

All requests for access to court records shall be responded to, in writing, within 48 hours of the request.

WARNING

A nonresident defendant may answer a small-claims action by mail without appearing on the return date, provided the clerk receives the answer not less than 20 days from the summons issue date.

If a defendant is a non-resident of Lafayette County, the defendant may join issue in any small claims action without appearing on the return date by answering by mail, provided such answer is received by the clerk of circuit court of Lafayette County not less than 20 days from the issue date of the summons.