Manitowoc County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

After-hours fax filings submitted by 11:59 p.m. Central Time are considered filed that day if later accepted by the Clerk; fax filings completed after 11:59 p.m. are considered filed the next day the Clerk's office is open.

Documents filed with the circuit court by facsimile transmission completed after regular business hours of the clerk of circuit courts office arc considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. The expanded availability of time to file shall not affect the calculation of under other statutes, rules and court orders. Documents submitted by facsimile transmission completed after 11:59 p.m.. arc considered Hied the next day the clerk's office is open.

WARNING

The sender is solely responsible for ensuring timely, complete receipt of a fax filing, and the Clerk is not responsible for transmission errors, illegible or missing documents, or machine outages.

I he party transmitting a facsimile document is solely responsible for ensuring its timely and complete receipt. The Clerk of Circuit Court is not responsible for errors or failures in transmission that result in missing or illegible documents or failures in transmission due to periods when the facsimile machine is not operational for any reason.

CRITICAL

Deadline

2 working days

Court reports must be completed and filed as soon as possible before the hearing and at least two working days before the scheduled dispositional hearing, unless the Court approves otherwise.

Unless otherwise approved by the Court, all court reports shall be in writing and include information as indicated in § 938.33 or § 48.33 and shall be completed and e-Hled with the co|rt as soon as possible before the hearing, but not less than two working days before the scheduled dispositional hearing, except, as stated in § 938.33, a court report may be presented orally where a fine is the only requested adjudication.

CRITICAL

An agency seeking to extend a dispositional order must notify the court at least 30 days before the order terminates.

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 if the agency will seek to extend the dispositional order, Corporation counsel or the Clerk of Court shall ensure that copies of the Petition shall be sent to all parties entitled to notice.

CRITICAL

The defendant’s written Statement of Defenses must reach the Court by close of business on the day before the Eviction Trial.

Defendant’s written Statement of Defenses must be received by the Court by the close of business the day before the Eviction I rial.

CRITICAL

For any non-eviction matter, counsel for either party must appear in order for attorney fees to be awarded. The appearance may be by letter. If there is no letter of appearance by counsel for the return date, the case will be dismissed (with prejudice if the defendant appeared.)

For any non-eviction matter, counsel for either party must appear in order for attorney fees to be awarded. The appearance may be by letter. If there is no letter of appearance by counsel for the return date, the case will be dismissed (with prejudice if the defendant appeared.)

CRITICAL

If a reexamination indicates that the youth has become competent, the court must hold a competency hearing within 10 days.

The youth has become competent. In this case, the court shall hold a hearing within 10 days to determine whether the youth is competent.

CRITICAL

The opposing party must provide the listed materials no later than ten days before the Pretrial Conference.

(2) No later than ten (10) days before the Pretrial Conference the opposing party shall provide the following:

CRITICAL

When the stated probable-cause and competency-doubt conditions are met, a competency hearing for a youth held in secure custody must occur no more than 10 days after the plea hearing.

If the court has found probable cause to believe that the youth has committed the alleged offense and has reason to doubt the youth's competency to proceed, the hearing to determine whether the youth is competent to proceed shall be held no more than 10 days after the plea hearing for a youth who is held in secure custody and no more than 30 days after the plea hearing for a youth who is not held in secure custody, under § 938.30.5(a).

CRITICAL

A defendant who contests must file a written Statement of Defenses before the return date or appear on the return date in person or by videoconference; a written statement constitutes appearance.

Defendants need not appear if not contesting. To contest, defendants must file a written Statement of Defenses, either personally or by counsel prior to the return date or appear at the return date either in person or by videoconference. A written Statement of Defenses by' defendant or counsel will constitute appearance.

CRITICAL

For a youth not held in secure custody, the Chapter 938 hearing must allow reasonable preparation time and take place within 30 days after the petition is filed.

The hearing to determine the youth's plea to a petition under § 938.12. 938.13 (12) or (14) or to determine whether any parly wishes to contest an allegation that the youth is in need of protection or Services under tj 938.13 (4), (6). (6m), or (7) shall take place on a date which allows reasonable lime for the parlies to prepare but is within 30 days after the filing of a petition for a youth who is not being held in secure custody or within 10 day after the filing of a petition for a youth who is being held in secure custody.

CRITICAL

Applies to

Third party summons and complaint

A defendant adding a party to a small claims action must file the third-party summons and complaint within 20 days after the Return Date.

Any defendant wishing to add another party to a small claims action must Hie a third party summons and complaint no later than 20 days after the Return Date.

CRITICAL

The final Mediation Report is due no later than 10 days after mediation concludes.

The Program Administrator shall send to the Court a final Mediation Report no later than 10 days after the conclusion of the mediation.

CRITICAL

Deadline

48 hours

Applies to

Petition

If statutory grounds for an extension exist, an unfiled Chapter 48 petition must be filed within 48 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.

If a petition under Chapter 48 has not been filed by ihc 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 48 hours from the time of the hearing, excluding Saturday, Sunday, and legal holidajs.

CRITICAL

Deadline

10 business days

To contest, a defendant generally must file a written Statement of Defenses within 10 business days after the return date, subject to the stated exception.

Except as otherwise provided by these rules for Evictions and any related damages claim, in order to contest, the defendant must file a written Statement of Defenses within 10 business days following the return dale and send a copy to the plaintiff or plaintiff’s attorney as required by law. Failure to serve and file a timely Statement of Defenses may result in a default judgment against the defendant.

CRITICAL

After a qualifying commitment or disposition order, reexaminations must be submitted to the court every three months.

Upon a commitment under § 51.20(1) or a disposition order under § 938.13(14), there shall be periodic reexaminations submitted to the court every 3 months and within 30 days of the expiration of the commitment or dispositional order.

CRITICAL

Applies to

Petition

A Chapter 938 petition must be filed by the custody hearing unless grounds for an extension exist.

It is required that a petition be filed by the time of the custody hearing, unless there are grounds for an extension.

CRITICAL

Deadline

10 business days

Applies to

Statement of defenses

After a post-hearing Demand for Trial, the third-party defendant must file a written Statement of Defenses within 10 business days after receiving notice of the trial date.

If a Demand for I rial is Hied by any party after the commissioner hearing, the third party defendant shall file a written Statement of Defenses within 10 business days after receipt of notice cjf the trial date and send a copy to all parties in the action or their attorney.

CRITICAL

Either party may move for review after the hearing, but the motion must be made no later than 30 days after the order.

Either parly may, at any time after the hearing, but not later than thirty (30) days after the date of the order, move for review of said Findings and Ordei of the Family Court Commissioner by the Judge of the branch of the court to which the case has been assigned.

CRITICAL

A dispositional hearing for a transferred matter must be set within 30 days after the county receives the transfer documents.

If a matter has been transferred from another county to this county for a dispositional hearing, the dispositional hearing shall be set within 30 days of the receipt of the transfer documents from the other county.

CRITICAL

The homeowner must complete all three application steps within 60 days after receiving the Mediation Request Form; absent extenuating circumstances, the application will be deemed inactive.

If the homeowner does not complete all three steps within 60 days from receipt of the Mediation Request Form, in the absence of extenuating circumstances, the application will be deemed inactive.

CRITICAL

The rent and damages list must be received by the Clerk of Court or e-filed by close of business five days before the hearing.

A rent and damages list must be received in the Clerk of Court’s office (or E-Filed) not later than the close of business 5 days before the rent and damages hearing.

CRITICAL

Applies to

Petition

A Chapter 48 petition must be filed by the custody hearing unless grounds for an extension exist.

It is required that a petition be filed by the lime of the custody hearing unless there are grounds for an extension.

CRITICAL

The Chapter 48 hearing must allow reasonable preparation time and take place within 30 days after the petition is filed.

The hearing to determine whether any party wishes to contest an allegation that the child or unborn child is in need of protection or services under § 48.13. This shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the Filing of a petition for a child.

CRITICAL

The court must set a report-filing date that gives involved parties a reasonable opportunity to review the report before the competency hearing.

The court shall specify the dale by which the report must be Filed to allow for a reasonable opportunity for involved parties to review the report prior to the hearing to determine competency.

CRITICAL

Deadline

48 hours

Applies to

Petition

If statutory grounds for an extension exist, an unfiled Chapter 938 petition must be filed within 48 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.

If a petition under Chapter 938 has not been filed by the lime of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within 48 hours from the time of the hearing, excluding Saturday, Sunday, and legal holidays.

CRITICAL

Deadline

48 hours

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

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

WARNING

If the court finds that the youth is likely to become competent, reexaminations should continue every three months.

If the court determines the youth is likely to become competent, reexaminations should continue every 3 months and within 30 days of the expiration of the commitment or dispositional order.

WARNING

Deadline

10 business days

After the homeowner completes all three application steps, the Program Administrator will notify lender’s counsel and request participation, seeking a response within 10 business days.

After Ihe homeowner has completed all three application steps, the Program Administrator will notify Lender's counsel and request Lender’s participation, seeking a response within 10 business days.

WARNING

Deadline

2 business days

Within two business days after receiving the request form, the Program Administrator must refer a housing counseling agency to the homeowner by mail or email.

Within two business days of receiving ihe Request Form, the Program Administrator will refer a housing counseling agency to the homeowner via mail or email.