Marinette County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Summary Judgment Motions, Dismissal Motions
- 1 copy
Supporting Brief
- 1 copy
Adjournments
- Adjournment requests must be written, addressed to the assigned judge, and received at least 10 days before the hearing; the time limits may be waived for good cause.
- Juvenile adjournment requests must be written and received at least 48 hours before the hearing.
- The agency responsible for implementing a dispositional order must notify the court at least 45 days before termination whether it will seek an extension or allow the order to terminate.
Page & Word Limits1 rule
Documents submitted by facsimile transmission shall not exceed 15 pages, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis.
- Document submitted by fax
- Up to 15 pages
Document Format Requirements18 rules
Court papers must be clearly reproduced in black on white paper, use letter-size paper with one-inch margins, and use at least 12-point body text and 11-point text for quotes and footnotes.
- Margins
- 1 inch
- Paper size
- Letter
Court's wording
All papers, pleadings, motions, briefs, etc. must conform to the following specifications: (a) Produced by duplicating or copying process that produces a clear, black image of the original on white paper. (b) Produced on 8-1/2 by 11 inch paper. (c) A one inch margin on the left side and a one inch margin on all other sides.(d) Minimum 12 point body text, 11 point for quotes and footnotes.
All exhibits must be marked prior to any court hearing. Counsel/parties maintain the responsibility to coordinate this marking with the Clerk of Courts and shall be prepared to provide a description of each exhibit to the Clerk at the time of marking.
Objections to dismissal shall be made in writing to the assigned judge of the action to be dismissed.
Any and all requests for Zoom video appearance must be: 1. in writing;
Formatting
- •The request must be in writing
All plaintiffs and all defendants in small claims matters must personally appear on the return date. No party may appear by telephone.
Participants must use reliable high-speed internet from a stable location, be seated, and not be walking, outside, or driving.
Court's wording
You must have a reliable high-speed Internet connection and you must attend the meeting from a stable location. That means you cannot be walking, you cannot be outside, you cannot be driving in a car, you must be seated and in a place with a reliable high-speed connection.
When you logon to join the meeting you first enter the Zoom Meeting ID number, then YOU MUST ENTER YOUR FIRST NAME AND LAST NAME IN THE BOX IMMEDIATELY BELOW THE MEETING ID NUMBER.
You must access the meeting from a computer, a smart phone, or a tablet, that has both a microphone and a camera.
These directions are MANDATORY. If you cannot get connected and you have not followed these directions the Court will not wait for you or accommodate you because we will not be able to. You may lose your chance to be at the hearing.
YOU MUST BE IN THE ZOOM CALL AT LEAST 10 MINUTES BEFORE YOUR SCHEDULED TIME. FAILURE TO BE IN AT THAT TIME AND YOU WILL NOT BE ADMITTED TO THE CALL.
IF YOU DO NOT ENTER YOUR FULL NAME IT WILL BE IMPOSSIBLE FOR THE COURT TO KNOW WHO IS ATTEMPTING TO ENTER THE MEETING AND YOU WILL NOT BE ADMITTED TO THE “WAITING ROOM”.
Formatting
- •Entering a full name is required for admission to the waiting room
COURTROOM ATTIRE: ALL parties are required to maintain the dignity of the Court, the Court requires that all parties wear professional business attire so as not to lessen the dignity of the court.
You must appear by both AUDIO and VIDEO.
Formatting
- •Appear by both audio and video
All pleadings under ch. 799, Wis. Stats., shall be in writing unless specifically ordered otherwise by the assigned judge.
All requests for review of court records involving a juvenile shall be in writing.
Counsel are to provide both line and page number when referring to any deposition testimony during court hearings and in any briefs submitted to the court.
Which shall both be reproduced on yellow paper.
Participants should wait patiently to be called into the Zoom court and must not mute their own audio because the Court will do so.
Court's wording
Be patient in the waiting room as sometimes Court matters run longer than we expect but you will be called into the Court, by Zoom, as soon as possible. When you are called in the Court will acknowledge you and will then silence your audio ("Mute"), do not do that yourself the Court will do that when you are in the meeting.
Document Filing Requirements56 rules
Parties are to include both the State Bar Code and the appropriate case classification on all pleadings filed with the court.
All papers, pleadings, motions, etc., shall be on substantial paper, contain the case number assigned and designate in the caption, the branch of circuit court assigned to the case.
- Document
- Court filing
Must include
- •Caption
- •Case number
A party seeking an Order, whether it be by Petition, Motion or other ways, shall electronically file the same and simultaneously shall electronically file a Proposed Order in conformance with that motion. No party should expect the Court to review any such requests that is not accompanied by the Proposed Order.
- Document
- Order request
Must include
- •Proposed order
In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition for Waiver of Fees/Costs, Affidavit of Indigency and Order must be completed for review by the court.
A request for de novo review must be made in writing.
Court's wording
Unless a different time limit is provided by statute, any request for a de novo review of the circuit court commissioner’s decision pursuant to Wis. Stat. §757.69(8), must be made in writing and filed with the Marinette County Clerk of Court within 30 days of the commissioner’s decision.
Appointed attorneys must promptly sign the consent to act and familiarize themselves with the file.
Court's wording
When an attorney is appointed by the court as a guardian ad litem or to represent an individual(s) in a Family, Probate, Guardianship or Juvenile matter, the attorney shall promptly sign the consent to act and familiarize himself/herself with the file.
At the time of disposition, it will be the obligation of the attorney to advise the court whether he/she was appointed; the amount of the billing and whether or not any payments have been made on the bill.
The attorney shall submit to the court, opposing counsel (if appropriate) and the client(s) or other responsible party(ies) his/her final bill within 90 days of completion of the case or the attorney’s representation.
No action pending will be stayed unless a certified copy of the Bankruptcy Petition and all schedules are filed with the Circuit Court upon filing with the Bankruptcy Court.
A law enforcement adjournment request must contain the prosecuting attorney’s written approval.
Court's wording
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
Any stipulation between parties under which a party is to make maintenance payments, child support or family support payments shall include the requirement to make the annual receiving and disbursing fee.
A subsequent written order must state the annual receiving and disbursing fee requirement and its amount for every party ordered to pay it.
Court's wording
Every party ordered to make payments of an annual receiving and disbursing fee shall be notified of the requirement to pay the fee and the amount of the fee by including the provisions concerning the fee in any subsequent written order.
If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
When relying on the approval alternative for a noncourt fax transmission, the party or attorney must certify it.
Court's wording
If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
Proof of damages is required when damages are unliquidated; the court may determine the amount at a hearing or by considering affidavits.
Court's wording
In actions where damages are not liquidated, the court shall require proof in order to determine the amount of the judgment. The court may order a hearing or consider affidavits to determine the amount of the judgment in any case.
In covered residential foreclosure actions filed on or after December 1, 2012, the plaintiff must attach both listed mediation forms to the front of the summons served on the defendant or mortgagor.
Court's wording
Pursuant to the Amended Order in 13 GF 8, in all residential (1-4 family) foreclosure actions filed on or after the effective date of December 1, 2012, the plaintiff shall attach to the front of the summons served the defendant/mortgagor the attached forms: 1. Notice of Availability of Mediation, and 2. Mediation Request Form
The judgment debtor shall also file an affidavit showing that the debtor has served a copy of the completed application and the proposed order on each judgment creditor described in the application.
Any judgment debtor who applies to have a judgment removed from the docket because of bankruptcy shall file a verified petition and proposed order together with a certified copy of the discharge in bankruptcy.
- Document
- Bankruptcy judgment removal application
Must include
- •Proposed order
Defense counsel, District Attorney and defendant shall have reviewed the PSI report prior to the time scheduled for sentencing.
Plea Questionnaires shall be completed prior to the commencement of any scheduled proceedings [Plea Questionnaire available in Clerk of Court Office].
Motions must state specific grounds and a factual basis; general constitutional-rights assertions are insufficient, and a nonspecific motion may be denied with notice and leave to renew timely.
Court's wording
All motions must state with specificity the grounds and factual basis therefore. General assertions of violations of Constitutional rights will not be considered specific. Such non‑specific motions may be denied sua sponte by the assigned judge with notice to the parties of such denial and leave to renew the motions in a timely manner.
Parties may waive Preliminary Examinations by signing a Waiver of Right to Preliminary Examination form. This shall require the signature of the defendant and the date as well as the attorney’s acknowledgment and the date. A copy of the current form is attached as “Waiver Form”.
The attorney shall submit to the court and defendant his/her final bill within 90 days of completion of the case or the attorney’s representation of the defendant.
At the time of disposition, it will be the obligation of the attorney to advise the court whether he/she was appointed; the amount of the billing and whether or not the defendant has made any payments on the bill.
Appointed counsel must promptly submit an appointment order with the terms of the appointment to the appointing judge for signature.
Court's wording
When an attorney is appointed by the court to represent a defendant, the attorney shall promptly prepare and forward to the appointing judge for signature, an order appointing the attorney in the matter, together with all other pertinent terms of the appointment.
Out of custody defendants shall follow the same procedures as in custody defendants, if they choose to file a written waiver in lieu of a hearing.
Motions for modification of bail will not be scheduled for a hearing unless the motion contains: 1. A certification by the attorney that the defendant was not represented by counsel at the time that the bail was set; or 2. that there has been a material change in circumstances that would justify a change in the bail.
The defendant, defense attorney, and supervising coordinator must sign and initial every page of the Deferred Judgment Agreement, acknowledging review and the consequences of a violation.
Court's wording
The Defendant, the Defendant’s attorney and the supervising coordinator will sign the agreement and, in addition, will initial each page of the agreement acknowledging that by signing and initialing that the Defendant, the Defendant’s attorney and a coordinator have gone over the agreement in detail and that the Defendant understands that the violation of any term of the agreement will constitute a breach and that the Court, after determining at a hearing that the violation occurred, shall enter Judgment of Conviction in the deferred count(s) and proceed to sentencing.
In-custody preliminary examinations are remote unless counsel files the designated written in-person request by 10:00 a.m. on the hearing date; otherwise, the right to appear personally is waived.
Court's wording
All Preliminary Examinations for in custody defendants shall be held remotely unless the defendant’s attorney requests an in person appearance in writing no later than 10:00 a.m. on the day of the scheduled Preliminary hearing. The attorney shall file a Request for In Custody Defendant to Appear in Person at the Preliminary Hearing form, a copy of which is attached, by 10:00 a.m. on the day of the scheduled Preliminary Examination or the right to appear personally shall be deemed waived.
Stipulations seeking to suspend divorce proceedings for reconciliation must use the specified form available from the Clerk of Court Office.
Court's wording
All stipulations for orders to suspend proceedings in divorce actions to attempt reconciliation shall be submitted in the form as set forth as Stipulation and Order to Suspend Proceedings or Reconciliation form which is available in the Clerk of Court Office.
At temporary hearings both parties shall bring wage statements from their respective employers for a period of twelve weeks prior to the hearing date, financial disclosure statements signed under oath, and copies of state and federal income tax returns for the two prior years in the possession or control of each party.
The stipulation and order referred to in Rule 1203 shall indicate the date by which the parties must report to the court the status of the reconciliation together with the request for dismissal of the divorce action or a resumption of proceedings.
If the defendant fails to appear on the return date or fails to file and serve a written answer pursuant to Rule 902, a default judgment will be entered according to the demands of the complaint.
The statement for services shall include an itemization of time spent and expenses incurred.
Attorneys are to file a notice of retainer in all family and paternity cases.
In a delinquency action, an admission questionnaire must be completed prior to the acceptance of any pleas.
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 Courts an Order to Show Cause or other appropriate motion and pay such fee as required.
The parent whose rights are being terminated shall complete all necessary medical and genetic reports and file them with the clerk of juvenile court prior to the hearing.
Any person who objects to the probate of a will must file their objection in writing with the Register in Probate and pay the required fees.
It is the responsibility of the guardian, conservator or trustee to complete the report and file it in the office of the Register in Probate together with the verification of all assets.
The guardian, conservator or trustee shall petition the court for approval of fees.
Intake shall not be contacted until the referring agency has made a reasonable, articulated decision that a person could be held. The referral agency shall be required to complete the Temporary Physical Custody Request.
Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request.
Intake referrals under the cited statutes must be submitted in writing using one of the two specified referral forms.
Court's wording
All intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral--Juvenile, Law Enforcement form or the Court Referral--Juvenile, Non-law Enforcement form.
A. At the commencement of the intake inquiry, the juvenile intake worker shall advise the child/juvenile and parents of their rights, obligations and possible disclosures. The juvenile intake worker may do so by providing the child/juvenile and parent(s) who attend with the printed form JD-1716. Notice is considered properly given whether or not the recipients sign the signature block on the form.
A. At the commencement of the custody hearing, the court shall advise the child/juvenile and parent(s) of their rights, obligations and possible disclosures. The court may do so by providing the child/juvenile and parent(s) who attend with the printed form JD-1716. Notice is considered properly given whether or not the recipients sign the signature block on the form.
The signed JD-1716 must be filed in the court file; if it is unsigned, the clerk must file a copy noting to whom and when notice was provided.
Court's wording
C. If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile court clerk shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.
3. 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.
The intake worker must file the signed JD-1716 in the worker’s file; if it is unsigned, the worker must file a copy noting to whom and when notice was provided.
Court's wording
B. If signed, the signed copy of JD-1716 shall be filed in juvenile intake worker's file. If the child/juvenile or parent(s) did not sign, the juvenile intake worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.
Court reports when required shall be completed and filed with the court not less than 72 hours before the scheduled dispositional hearing.
All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for Determination of Status - delinquency.
Filing & Service rules
Electronic Filing Rules
A party seeking an order must electronically file the request and a conforming proposed order at the same time.
A party seeking an Order, whether it be by Petition, Motion or other ways, shall electronically file the same and simultaneously shall electronically file a Proposed Order in conformance with that motion.
Page 3 | RULE 2: GENERAL PROVISIONS
The clerk may accept papers routed through a noncourt fax machine only if the transmission complies with the local rule or has judicial approval and party-or-attorney certification.
If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Before the plea is accepted, the agreement copy must be given to the judge in writing and must not be e-filed for public view.
Because the Defendant is free to change his or her mind until the plea is actually accepted that copy will be provided to the Judge, in writing, and not e-filed for public view prior to the acceptance of the plea.
Page 16 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
The Director of State Courts' e-filing rules, as approved by the Supreme Court, apply to Circuit Court filings and control if they conflict with these rules.
The e-filing rules which have promulgated by the Director of State Courts and approved by the Supreme Court shall apply with respect to any filing in the Circuit Court. To the extent that there is a conflict between the e-filing rules and these rules, the e-filing rules shall apply.
Page 2 | RULE 2: GENERAL PROVISIONS
Facsimile documents may be transmitted under this rule only if the clerk incurs no additional fee or charge to accept or receive them.
Documents may be transmitted under the authority of this rule if no additional fee or charge must be paid by the clerk of circuit court for accepting or receiving the facsimile document.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Do not send additional copies of facsimile papers; the clerk must discard duplicate papers received later.
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.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Pleadings and other papers that do not require a filing fee may be filed by fax to a plain-paper fax machine at a court-designated telephone number.
Pursuant to sec. 801.16, Stats., the filing of pleadings and other papers with the clerk of court, that do not require a filing fee, may be by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the court.
Page 10 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Documents that are not to be filed, but are submitted to the judge or court commissioner for reference or other purpose, may be transmitted at the discretion of the judge or court commissioner.
Documents that are not to be filed, but are submitted to the judge or court commissioner for reference or other purpose, may be transmitted at the discretion of the judge or court commissioner.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Documents filed under the facsimile rule may be transmitted to (715) 732-7461.
Documents filed under this rule may be transmitted to the following number: (715) 732-7461.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Filing Timing and Cure Windows
Unless good cause has been shown to the judge, a party moving that any judicial proceedings, required by law to be public, be closed to the news media, must notify the court and the media coordinator of the Eighth Judicial Administrative District in writing at least 72 hours prior to the time set to hear the motion.
Unless good cause has been shown to the judge, a party moving that any judicial proceedings, required by law to be public, be closed to the news media, must notify the court and the media coordinator of the Eighth Judicial Administrative District in writing at least 72 hours prior to the time set to hear the motion.
Page 1 | RULE 2: GENERAL PROVISIONS
Written objections to a document submitted for signature must be filed within 5 days of service or mailing; otherwise objections are waived and the document is deemed signed.
Objections to the form or content of the document submitted shall be filed in writing with the court within 5 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.
Page 3 | RULE 2: GENERAL PROVISIONS
Unless a statute provides a different limit, a de novo review request must be written and filed with the Clerk of Court within 30 days of the commissioner’s decision.
Unless a different time limit is provided by statute, any request for a de novo review of the circuit court commissioner’s decision pursuant to Wis. Stat. §757.69(8), must be made in writing and filed with the Marinette County Clerk of Court within 30 days of the commissioner’s decision.
Page 4 | RULE 216: DE NOVO REVIEW OF CIRCUIT COURT COMMISSIONER DECISIONS
The final bill is due within 90 days after completion of the case or representation; an extension of 60 days may be granted for good cause shown before the 90-day period expires, and an untimely bill will not be paid absent extraordinary circumstances.
The attorney shall submit to the court, opposing counsel (if appropriate) and the client(s) or other responsible party(ies) his/her final bill within 90 days of completion of the case or the attorney’s representation. For good cause shown prior to the expiration of 90 days, an extension of 60 days may be granted. If the bill is not submitted within said 90 day period or an extension thereof, it shall not be paid, absent extraordinary circumstances.
Page 5 | 217
An action suspended because of a bankruptcy petition will be dismissed without notice one year after filing unless a petition to extend the suspension is filed or a certified discharge and all schedules are presented to the presiding judge before the year expires.
All actions suspended due to the filing of a Petition in Bankruptcy will be dismissed, without notice to any party, one (1) year from the date of filing unless a petition is filed to extend the suspension and/or a certified copy of the Discharge in Bankruptcy and all schedules is presented to the presiding judge before the expiration of the one year period.
Page 6 | 305
The certified bankruptcy petition and all schedules must be filed with the Circuit Court upon filing with the Bankruptcy Court to obtain a stay.
No action pending will be stayed unless a certified copy of the Bankruptcy Petition and all schedules are filed with the Circuit Court upon filing with the Bankruptcy Court.
Page 6 | 305
Briefs in opposition to such motions must be filed no later than two business days prior to the hearing of the motion.
Briefs in opposition to such motions must be filed no later than two business days prior to the hearing of the motion.
Page 11 | RULE 9: CIVIL PRACTICE
Facsimile papers are filed upon the clerk’s receipt, become the official court record, and may not be substituted.
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.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
Facsimile transmissions completed after the clerk’s regular business hours are considered filed the next business day.
Papers filed by facsimile transmission completed after regular business hours of the clerk of circuit court's office are considered filed the next business day.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
The State must respond to a discovery demand within ten working days after it is filed.
The State shall respond to the demand for discovery within 10 working days of the date of filing.
Page 13 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
Defense counsel must file discovery motions in felony and misdemeanor cases within five working days after arraignment.
Motions for discovery in felony and misdemeanor cases shall be filed by defense counsel within 5 working days of the date of arraignment.
Page 13 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
The court must wait at least five business days after notice to creditors before signing the proposed order.
The court shall wait at least five business days after the notice to the creditors and shall sign the proposed order only upon payment of the clerks fee of $5.00 per judgment.
Page 13 | RULE 9: CIVIL PRACTICE
The filing period for a defendant's pretrial motions does not begin until discovery is given to the defendant under the Code of Criminal Procedure.
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.
Page 14 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
Pleas must be of record by the scheduled trial date, and plea hearings will not occur after that date unless good cause exists.
All pleas must be of record on or before the scheduled trial dates. Plea hearings will not be conducted after the scheduled trial date, except for good cause.
Page 14 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
A waiver filed by 10:00 a.m. on the scheduled preliminary-examination date eliminates the defendant’s and attorney’s required personal appearance.
If a waiver of Right to Preliminary Examination form is filed no later than 10:00 a.m. on the day of the scheduled preliminary examination, then no personal appearance shall be required at the time of the hearing by the defendant or the Defendant’s attorney.
Page 15 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
Counsel must submit the final bill to the court and defendant within 90 days after the case or representation ends; an extension may be granted for timely shown good cause, and an untimely bill will not be paid absent extraordinary circumstances.
The attorney shall submit to the court and defendant his/her final bill within 90 days of completion of the case or the attorney’s representation of the defendant. For good cause shown prior to the expiration of 90 days, an extension of 60 days may be granted. If the bill is not submitted within said 90 day period or an extension thereof, it shall not be paid, absent extraordinary circumstances.
Page 15 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
Counsel must file the in-person appearance request by 10:00 a.m. on the scheduled preliminary-examination date or the right to appear personally is waived.
All Preliminary Examinations for in custody defendants shall be held remotely unless the defendant’s attorney requests an in person appearance in writing no later than 10:00 a.m. on the day of the scheduled Preliminary hearing. The attorney shall file a Request for In Custody Defendant to Appear in Person at the Preliminary Hearing form, a copy of which is attached, by 10:00 a.m. on the day of the scheduled Preliminary Examination or the right to appear personally shall be deemed waived.
Page 16 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
A Zoom video appearance request must be made at least five days before the scheduled hearing date.
Any and all requests for Zoom video appearance must be: 1. in writing; 2. requested at least (5) days before the scheduled hearing date; and, if approved,
Page 16 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
The reviewed, signed, and accepted Deferred Judgment Agreement must be provided to the judge in writing at least five full court days before the adoption hearing.
The Deferred Judgment Agreement must be reviewed, signed, accepted and provided to the Judge, in writing, at least five (5) full Court days before the Status Conference/Plea hearing where it will be adopted.
Page 16 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
The final stipulation or marital settlement agreement and each party's financial disclosure statement must be filed before the hearing date.
The final stipulation/marital settlement agreement and each party's financial disclosure statement shall be filed with the Court prior to the hearing date.
Page 19 | Rule 12: Family Law Practice
A guardian ad litem must submit a statement within 60 days after completing services or the court may deny payment.
Guardians ad litem must submit a statement within 60 days after completion of their services or the court may, in its discretion, deny payment.
Page 19 | Rule 12: Family Law Practice
Counsel must provide the information required by the pretrial order to the court and opposing counsel at least 10 days before the hearing; sanctions may be imposed for failure to do so.
At least 10 days prior to the pretrial hearing counsel shall provide to the court and opposing counsel the information as required by the pretrial order. Upon failure of counsel to provide the information at least 10 days prior to the hearing date, appropriate sanctions may be imposed.
Page 19 | Rule 12: Family Law Practice
The findings, conclusions, divorce judgment, and original divorce or annulment certificate must be filed at the start of the hearing or the hearing will be canceled.
The findings of fact, conclusions of law and judgment of divorce and the original certificate of divorce or annulment must be filed at the start of the hearing. Failure to file these documents in a timely fashion will result in the cancellation of the hearing.
Page 20 | Rule 12: Family Law Practice
The District Attorney's Office must prepare juvenile orders within 10 days after the disposition hearing, unless the court designates another party to prepare them.
The District Attorney's Office shall prepare all juvenile orders within 10 days of the disposition hearing. The court may designate responsibility for the preparation of orders to another party as appropriate.
Page 20 | Rule 13: Juvenile Policy and Procedure
Court reports must be submitted to the juvenile clerk at least 72 hours before the disposition hearing.
Court reports shall be submitted to the juvenile clerk 72 hours prior to the disposition hearing.
Page 20 | Rule 13: Juvenile Policy and Procedure
Probate proceedings must close within 12 months after the petition is filed; the Register in Probate sends a warning at 11 months, and the attorney and personal representative must show cause if the estate remains open at 12 months.
All probate proceedings shall be closed not later than 12 months after filing of the petition. If any estate is not closed within 11 months of the filing of the petition, the Register in Probate shall send a letter to the personal representative and the attorney for the estate advising them that the estate must be closed. If the estate is still not closed within 12 months, the attorney and the personal representative shall be required to show cause before the court why the estate has not been closed.
Page 21 | RULE 15: PROBATE PRACTICE
The necessary medical and genetic reports must be filed with the juvenile court clerk before the hearing.
The parent whose rights are being terminated shall complete all necessary medical and genetic reports and file them with the clerk of juvenile court prior to the hearing.
Page 21 | RULE 14: TERMINATION OF PARENTAL RIGHTS AND ADOPTIONS
Unless the court orders otherwise, the inventory must be filed within 90 days after domiciliary letters are issued.
Unless otherwise ordered by the court, the inventory must be filed within 90 days from the date the domiciliary letters are issued.
Page 22 | RULE 15: PROBATE PRACTICE
The annual report must be filed no later than April 15 of the year it is due.
The report must be filed not later than April 15th of the year in which it is due.
Page 22 | RULE 15: PROBATE PRACTICE
Unless the court orders otherwise, a guardian, conservator, or trustee must file the inventory within 60 days after letters are issued.
Unless otherwise ordered by the court, the inventory of the guardian, conservator or trustee shall be filed within 60 days from the date letters are issued.
Page 22 | RULE 15: PROBATE PRACTICE
When no custody hearing is requested after a child is placed in nonsecure placement outside the home, a written petition must be filed within 48 hours of custody or custody automatically terminates and the child must be released.
If a child/juvenile has been taken into custody and placed in nonsecure placement outside the home, but no request for a hearing on the custody has been made, the custody shall automatically terminate and the person released unless a written petition has been filed within 48 hours of the date of the custody.
Page 30 | 8. Deadline for petitions if no custody hearing is requested
If no petition has been filed by the custody hearing and statutory grounds exist for an extension, a petition in a ch. 938 matter must be filed within 48 hours after the hearing.
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.
Page 32 | Custody Hearings and Petitions
If no petition has been filed by the custody hearing and statutory grounds exist for an extension, a petition in a ch. 48 matter must be filed within 72 hours after the hearing, excluding Saturdays, Sundays, and legal holidays.
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. b. Ch. 48 matters: 72 hours from the time of the hearing, excluding Saturday, Sundays, and legal holidays
Page 32 | Custody Hearings and Petitions
For the intake-inquiry exemption, the petition must have been filed by the custody hearing unless the court authorized an extension.
D. A petition was filed with the court at or prior to the custody hearing or the court has authorized an extension of time to file a petition.
Page 33 | Rule 13: Juvenile Policy and Procedure
When a court report is required, it must be completed and filed at least 72 hours before the scheduled dispositional hearing.
Court reports when required shall be completed and filed with the court not less than 72 hours before the scheduled dispositional hearing.
Page 38 | Dispositional Activities
A dispositional hearing in a transferred matter must be set within 30 days after the transfer documents are received.
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.
Page 39 | RULE 13: JUVENILE POLICY AND PROCEDURE
The court may disregard briefs filed late.
Briefs filed in an untimely fashion may be disregarded by the court.
Page 11 | RULE 9: CIVIL PRACTICE
The sender is solely responsible for timely, complete facsimile receipt, and the court is not responsible for transmission errors, missing or illegible documents, or machine outages.
The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The circuit court, judge, court commissioner or clerk are not responsible for errors or failure in transmission that result in missing or illegible documents or periods when a circuit court facsimile machine is not operational for any reason.
Page 11 | RULE 7: FACSIMILE TRANSMISSIONS OF DOCUMENTS TO THE COURT
A guardian ad litem must submit a services statement within 60 days after completing services, or the court may deny payment.
the court. Guardians ad litem must submit a statement within 60 days after completion of their services or the court may, in its discretion, deny payment.
Page 21 | RULE 13: JUVENILE POLICY AND PROCEDURE
The 48-hour petition deadline rule does not apply to defendants age 14 or under charged in an original adult court jurisdiction matter and held in secure custody.
This rules does not apply to defendants age 14 or under charged with an original adult court jurisdiction matter who are being held in secure custody.
Page 30 | 8. Deadline for petitions if no custody hearing is requested
Fee requests should be made annually unless the court orders otherwise.
All requests should be made on an annual basis unless otherwise ordered by the court.
Page 22 | RULE 15: PROBATE PRACTICE
Service and Proof of Service Rules
When counsel submits a document to the court for signature, counsel must simultaneously forward a copy to all other counsel and unrepresented parties.
When counsel submits a document to the court for signature, a copy shall be simultaneously forwarded to all other counsel and/or unrepresented parties.
Page 3 | RULE 2: GENERAL PROVISIONS
After obtaining a de novo hearing date, the moving party must serve the notice of motion and motion on the other party, any guardian ad litem, and the Child Support Agency when state assistance is involved.
Upon obtaining the de novo hearing date from the court, the moving party shall have the notice of motion and motion served on the other party, guardian ad litem, if any, and the Child Support Agency, if state assistance is involved.
Page 4 | RULE 216: DE NOVO REVIEW OF CIRCUIT COURT COMMISSIONER DECISIONS
Marked copies of all transcripts must be provided to counsel and the court at least 48 hours before their intended use.
Counsel are to provide marked copies of all transcripts to counsel and the court at least 48 hours prior to their intended use.
Page 4 | RULE 2: GENERAL PROVISIONS
Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing.
Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
The party receiving an adjournment must notify opposing counsel and, where appropriate, all parties and witnesses of the new scheduling status.
The party receiving the adjournment shall be solely responsible for notifying opposing counsel and, where appropriate, all parties and witnesses that the hearing, trial, etc., has been adjourned.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
A law enforcement adjournment request must be served on opposing counsel or unrepresented parties when it is forwarded to the presiding judge.
All law enforcement requests for adjournments shall contain written approval of the prosecuting attorney and shall be served on opposing counsel or unrepresented parties at the time it is forwarded to the presiding judge.
Page 10 | RULE 5: SCHEDULING/ADJOURNMENTS
For a supporting brief on a motion other than summary judgment or dismissal, serve and file it with the clerk, serve and file a copy on opposing counsel, and file a copy with the assigned judge with the notice of motion or at least 10 days before the 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 Clerk of Courts; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the assigned judge with the notice of motion or at least days 10 days prior to any scheduled hearing date.
Page 11 | RULE 9: CIVIL PRACTICE
Personally serve opposition briefs at least two business days before the hearing, or serve them by mail at least three business days before the hearing.
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.
Page 11 | RULE 9: CIVIL PRACTICE
The completed application and proposed order must be served on each judgment creditor described in the application.
The judgment debtor shall also file an affidavit showing that the debtor has served a copy of the completed application and the proposed order on each judgment creditor described in the application.
Page 13 | RULE 9: CIVIL PRACTICE
If personal service was not obtained, the default-judgment motion notice must be mailed to the defendant at the defendant's last known address.
In cases where personal service is not obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant's last known address.
Page 13 | RULE 9: CIVIL PRACTICE
A default mortgage or land-contract foreclosure requires an open-court hearing by affidavit or testimony, with notice to all defendants at least 10 days beforehand.
No default mortgage/land contract foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants 10 days prior to the hearing.
Page 13 | RULE 9: CIVIL PRACTICE
Upon demand, the State must disclose its intended trial witnesses and their addresses to the defendant or counsel no later than 30 days before trial, except for rebuttal and impeachment-only witnesses.
Upon demand, the State shall, not later than thirty (30) days prior to trial, disclose to the defendant or his or her attorney a list of all witnesses and their addresses whom the district attorney intends to call at trial. This paragraph does not apply to rebuttal witnesses or those called for impeachment only.
Page 14 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
The Division of Community Corrections must mail or deliver the original PSI report to the clerk and a copy to the District Attorney and defense counsel, if any, no later than seven days before sentencing.
Not later than 7 days prior to the scheduled sentencing hearing, the Division of Community Corrections shall mail or deliver the original to the clerk of court's office and mail or deliver a copy of the Pre-Sentence Investigation report the District Attorney and defense counsel, if any.
Page 14 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
Eviction actions require personal or substituted service.
Eviction actions require service by personal or substituted service
Page 17 | RULE 11: SMALL CLAIMS PRACTICE
Parties are responsible for securing service of their pleadings.
Parties are wholly responsible to secure service of their pleadings.
Page 17 | RULE 11: SMALL CLAIMS PRACTICE
Replevin actions require personal or substituted service, or certified mail with return receipt requested.
Replevin actions require service by person, substituted or by certified mail with return receipt requested.
Page 17 | RULE 11: SMALL CLAIMS PRACTICE
Summonses in small claims actions other than eviction and replevin may be served by mail, but regular mail is limited to Marinette County.
Marinette County by this rule authorizes the service of summons in all small claims actions, except eviction and replevin actions, by mail in lieu of personal or substituted service. Regular mail is limited to Marinette County.
Page 17 | RULE 11: SMALL CLAIMS PRACTICE
A party petitioning for a temporary hearing must give the other party at least 48 hours' notice before the hearing.
The party petitioning for a temporary hearing shall give the other party at least forty-eight hours notice prior to said hearing.
Page 18 | RULE 12: FAMILY LAW PRACTICE
When a divorce, legal-separation, or annulment action is filed, the clerk must issue the filing party a signed pretrial order, which must be served on the other party with the summons and petition.
At the time of the filing of any action for divorce, legal separation, or annulment, the Clerk of Courts shall issue to the filing party a copy of a pretrial order signed by the judge or court commissioner to whom the case has been assigned. The copy is to be served upon the other party along with the summons and petition in the action.
Page 19 | Rule 12: Family Law Practice
The guardian ad litem must mail the statement to attorneys of record or directly to any unrepresented party.
The guardian ad litem shall mail copies of the statement to the attorneys of record in the matter or directly to any party who is not represented by counsel.
Page 19 | Rule 12: Family Law Practice
The hearing notice must include the date and time and be served on the opposing party within the time prescribed by statute or local rule.
Such date and time shall be included in the notice of hearing and such notice shall be served upon the opposing party within the time prescribed by statute and/or local rule.
Page 20 | Rule 12: Family Law Practice
When a claim objection is filed, the personal representative or estate attorney must notify all interested parties of the objection and hearing and schedule a hearing with the Probate Judge.
When an objection to a claim is filed, the personal representative or attorney for the estate shall send a notice of the objection to all interested parties and shall schedule the matter for hearing with the Probate Judge. The personal representative and attorney shall provide notice to all interested parties of the hearing on the objection.
Page 22 | RULE 15: PROBATE PRACTICE
The objector must provide proper notice of future proceedings to all interested parties.
It is the responsibility of the objector to provide proper notice to all interested parties of future proceedings.
Page 22 | RULE 15: PROBATE PRACTICE
B. If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the nonattending parent if the address is know immediately at the conclusion of the hearing.
B. If a parent does not attend the custody hearing, the juvenile court clerk shall send a copy of the written form JD-1716 to the nonattending parent if the address is know immediately at the conclusion of the hearing.
Page 37 | Notices of Rights, Obligations, and Possible Disclosures to Child/Juvenile and Parent(s)
The agency preparing a court report must transmit copies to the attorneys involved and directly to any parents who are not represented by counsel.
The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.
Page 38 | Dispositional Activities
The district attorney's office must send copies of the communication to the court to all parties entitled to notice.
The district attorney's office shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.
Page 39 | Extensions of Dispositional Orders
In large-claim civil actions where the defendant was personally served, notice before default judgment is not required, except in mortgage or land contract foreclosures.
Except as to mortgage/land contract foreclosures, notice to defendant is not required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon the defendant.
Page 11 | RULE 9: CIVIL PRACTICE
If an estate remains open 11 months after the petition is filed, the Register in Probate must send a letter to the personal representative and estate attorney advising that it must be closed.
If any estate is not closed within 11 months of the filing of the petition, the Register in Probate shall send a letter to the personal representative and the attorney for the estate advising them that the estate must be closed.
Page 21 | RULE 15: PROBATE PRACTICE
Personal or substituted service outside of the county is acceptable.
Personal or substituted service outside of the county is acceptable.
Page 17 | RULE 11: SMALL CLAIMS PRACTICE
Filing Fees and Waivers
The non-refundable jury fee is due no later than the earlier of the scheduling conference or pretrial conference.
The non-refundable jury fee is payable at or before the scheduling or pretrial conference, whichever comes first.
Page 3 | RULE 2: GENERAL PROVISIONS
A $5.00 clerk's fee must be paid for each judgment before the court signs the proposed order.
The court shall wait at least five business days after the notice to the creditors and shall sign the proposed order only upon payment of the clerks fee of $5.00 per judgment.
Page 13 | RULE 9: CIVIL PRACTICE
In an original action involving custody or physical placement, the parties share equally fees due in advance and are presumed to share the total fees equally unless the court orders otherwise.
In an original action where custody or physical placement of a child or children is an issue the parties shall be equally responsible for the payment of any fees for mediation, custody or physical placement studies or guardian ad litem fees due in advance and will be presumed to be equally responsible for the total fees, unless otherwise ordered by the court.
Page 19 | Rule 12: Family Law Practice
In a post-judgment custody or physical-placement matter, the party seeking a change is responsible for payments due in advance.
In a post-judgment matter relating to the custody or physical placement of a child or children, the party seeking a change in the judgment with respect to those issues shall be responsible for any payments due in advance.
Page 19 | Rule 12: Family Law Practice
When a guardian ad litem is appointed in a family action, a $1,500 deposit must be paid directly to the clerk, who disburses any excess to the depositor after paying the guardian ad litem.
In any action affecting the family in which a guardian ad litem is appointed by the court a $1500.00 deposit shall be paid directly to the clerk of court for payment to the guardian ad litem, subject to further order of the court. After payment of the fee to the guardian ad litem, the clerk shall, without further order of the court, disburse any excess to the person who posted it.
Page 19 | Rule 12: Family Law Practice
A party seeking enforcement must pay the required fee before obtaining a hearing date and time.
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 Courts an Order to Show Cause or other appropriate motion and pay such fee as required.
Page 20 | Rule 12: Family Law Practice
Filing fees must be paid when the inventory is filed.
Filing fees shall be paid at the time the inventory is filed.
Page 22 | RULE 15: PROBATE PRACTICE
A person objecting to probate of a will must pay the required fees.
Any person who objects to the probate of a will must file their objection in writing with the Register in Probate and pay the required fees.
Page 22 | RULE 15: PROBATE PRACTICE
The appropriate filing fee must be paid when the inventory is filed.
The appropriate filing fee must be paid at the time the inventory is filed.
Page 22 | RULE 15: PROBATE PRACTICE
A petitioner filing for guardianship of a minor must advance $500 for the guardian ad litem; any excess is returned, and any shortfall must be paid as ordered by the Court.
1509 When filing a petition for guardianship of a minor, the petitioner shall advance the sum of $500.00 for the appointment of a guardian ad litem for the minor child. If the deposit is more than the guardian ad litem fees, any remaining amount will be returned to the petitioner. If the guardian ad litem fees are more than the deposit, the Court will order the additional amount to be paid.
Page 23 | Rule 15
In actions other than felony and misdemeanor proceedings, a party seeking an indigency waiver must complete the specified petition, affidavit, and order; the Court decides whether to grant the waiver.
In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition for Waiver of Fees/Costs, Affidavit of Indigency and Order must be completed for review by the court. The final decision on waiver will be at the discretion of the court. [Petition for Waiver of Fees/Costs-Affidavit of Indigency and Order available at Clerk of Court office.]
Page 3 | RULE 2: GENERAL PROVISIONS
Guardian ad litem compensation is governed by the cited statute or by a circuit court judge's order.
Guardians ad litem shall be compensated as provided in Wis. Stats. s. 767.045(6) or as otherwise ordered by the circuit court judges.
Page 19 | Rule 12: Family Law Practice
A party alleging indigency may move for relief from fees or costs, and the court may order the other party to pay if one party is indigent.
If one or both of the parties allege that they are indigent, that party may request relief from payment of any fee or cost by motion made to the court. If one of the parties is indigent, the court may order the other party to pay the fee.
Page 19 | Rule 12: Family Law Practice
The court or court commissioner may order reimbursement of advanced fees after considering the parties' ability to pay, the outcome, settlement efforts, and other equitable factors.
The court or court commissioner may also require a party to reimburse the other party for fees advanced by that party. Factors to be considered as to reimbursement are the relative ability of the parties to pay, the results of the action, the conduct of the parties with respect to attempts to obtain a settlement by other than resort to the judicial system, and other equitable factors which the court might consider.
Page 19 | Rule 12: Family Law Practice
Courtesy Copy Requirements
For a supporting brief on a motion other than summary judgment or dismissal, file one copy with the assigned judge 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 Clerk of Courts; a copy shall be served and filed on all opposing counsel; and a copy shall be filed with the assigned judge with the notice of motion or at least days 10 days prior to any scheduled hearing date.
Page 11 | RULE 9: CIVIL PRACTICE
File a summary judgment or dismissal motion with the clerk and provide a copy to the assigned judge with any brief or other supporting documents.
A motion for summary judgment and/or dismissal shall be filed with the Clerk of Courts and a copy with the assigned judge together with any brief or other supporting documents.
Page 11 | RULE 9: CIVIL PRACTICE
Sealing & Redaction Procedures
Before releasing a qualifying Serious Juvenile Offender file for inspection, the clerk must remove specified examination and dispositional reports and other records containing sensitive personal information, and refer questions about release to the assigned judge.
B. Remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.
Page 41 | Juvenile Policy and Procedure
For specified felony-record requests, the clerk must first verify the current felony charge and prior unreversed delinquency adjudication, then remove specified reports and other records containing sensitive personal information before inspection and refer release questions to the assigned judge.
A. First, make all of the following determinations: • That the juvenile is currently charged with a felony, • That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding, • That the previous adjudication remains on record and has not been reversed. B. Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.
Page 41 | Juvenile Policy and Procedure
If the court grants expunction, the clerk must seal inside the court file all documents referring to the adjudication, including the listed records.
B. Seal inside the court file all documents referring to the adjudication, including, but not limited to: • the dispositional order, • the dispositional court report, • all motions and orders concerning extensions, revision, or changes of placement, • all petitions and orders for sanctions, • all minute sheets referring to the adjudication or other post-adjudication proceedings, • transcripts of court proceedings referring to the adjudication or other postadjudication proceedings, • the petition and order for expunction.
Page 42 | Expunction of the Record of a Delinquency Adjudication
For specified juvenile-record requests, the clerk must assess whether release could create imminent danger and either refer the matter to the judge or prepare a version with the potentially dangerous information blocked out; the requester may move the court if they dispute the redaction.
If a request is made by a juvenile, parent, guardian or legal custodian under §§938.396(2)(ag) or (am), before release of any information requested the juvenile court clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either: A. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or, B. Prepare a version of the information requested with the potentially dangerous information blocked out. The requester may bring a motion to the court if the requester believes the information should not have been blocked.
Page 41 | Juvenile Policy and Procedure
Pre-Motion Conference Requirements
Unless a scheduling order is already in place, the movant must contact the court and opposing counsel to establish the briefing schedule and hearing date.
Unless a scheduling order has been entered, the movant shall contact the court and opposing counsel to establish a briefing schedule and hearing date.
Page 11 | RULE 9: CIVIL PRACTICE
Adjournment & Extension Requirements
Adjournments must be set to a specific date and may not be indefinite or day-to-day.
All adjournments shall be made to a date certain, and no adjournment shall be indefinite or day-to-day.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
Adjournment requests must be written, addressed to the assigned judge, and received at least 10 days before the hearing; the time limits may be waived for good cause.
Requests for adjournments must be in writing, addressed to the assigned judge, served on all opposing parties and received by the assigned judge not later than 10 days prior to the scheduled hearing. The time limits may be waived for good cause.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
Adjournments are granted only for good cause and are not a matter of right.
Adjournments are not a matter of right and will only be granted for good cause.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
A stipulated trial continuance requires the named parties' written or on-record consent and good cause; a contested request requires a motion, hearing, and good cause, and every request requires court approval.
A stipulated request for continuance of the trial date shall require the consent of the named parties in writing or on the record and must be for good cause shown. A contested request for continuance must be on motion and hearing and for good cause shown by the party. All requests for continuance are subject to the approval of the court.
Page 14 | RULE 10: CRIMINAL LAW AND TRAFFIC PRACTICE
Counsel must request an adjournment of a pretrial hearing as soon as they learn of a conflict, and no adjournment is granted without court approval.
Any requests for adjournments for the pretrial hearing must be made as soon as counsel are aware of a conflict. No adjournments will be granted without court approval.
Page 19 | Rule 12: Family Law Practice
Juvenile adjournment requests must be written and received at least 48 hours before the hearing.
All requests for adjournments must be in writing and received not later than 48 hours prior to the hearing.
Page 20 | Rule 13: Juvenile Policy and Procedure
The agency responsible for implementing a dispositional order must notify the court at least 45 days before termination whether it will seek an extension or allow the order to terminate.
The agency primarily responsible for implementation of a dispositional order shall notify the court at least 45 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.
Page 39 | Extensions of Dispositional Orders
The court must schedule a hearing on every extension request and, for requests filed in the final 30 days, attempt to hold it before termination; if that is not possible, it will grant a temporary 30-day extension.
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 30 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 30 day extension under §§48.365(6) or 938.365(6), Wisconsin Statutes.
Page 40 | Extensions of Dispositional Orders
An extension generally takes effect when the existing order terminates, regardless of the hearing date; if the disposition was temporarily extended, the extension takes effect when that extended period terminates.
All extensions of a dispositional order shall take effect at the termination date of the dispositional order being extended regardless of the date of the hearing on the extension, except that in the case of a disposition that has been temporarily extended for up to 30 days under §48.365(6), Wisconsin Statutes, any extension shall take effect at the termination of the extended date.
Page 40 | Extensions of Dispositional Orders
A 60-day extension for submitting the final bill may be granted for good cause shown before the 90-day period expires.
For good cause shown prior to the expiration of 90 days, an extension of 60 days may be granted.
Page 5 | 217
When scheduling hearings, meetings, and conferences, participants’ schedules should be considered, and reasonable extensions should be granted when they will not adversely affect the court calendar or a client's interests.
In scheduling all hearings, meetings and conferences, be considerate of the time schedules of the participants and grant reasonable extensions of time when they will not adversely affect the court calendar or client's interests.
Page 8 | RULE 4: RULES OF DECORUM
Scheduling conflicts are resolved in favor of the first scheduled hearing unless the presiding judge agrees otherwise for good cause.
If necessary, scheduling conflicts will be resolved in favor of the first scheduled hearing, unless, for good cause, the presiding judge agrees otherwise.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
The Family Court Commissioner may continue a matter until financial disclosures are filed.
The Family Court Commissioner may, at his/her discretion continue any matter until Financial Disclosures are filed.
Page 18 | RULE 12: FAMILY LAW PRACTICE
The court will not routinely waive time limits in juvenile matters.
The court will not routinely waive time limits.
Page 25 | General Policies
Where applicable, the Rules of Civil and Criminal Procedure and specific local court rules govern adjournment requests.
Where applicable, the Rules of Civil and Criminal Procedure and specific local court rules will control all requests for adjournments.
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS
After giving notice, the agency may revise its decision if reconsideration or new factors show the original decision was incorrect.
The agency may revise its decision after giving such notice if it determines that the original decision was incorrect based on a reconsideration or new factors.
Page 40 | Extensions of Dispositional Orders
Chambers Communication Rules
Juvenile intake must be contacted to determine the secure-custody placement location and complete the temporary physical custody request.
Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request.
Page 30 | Original Adult Court Criminal Defendants -- Secure Custody
Ex parte scheduling requests are limited by SCR 20:3.5.
Ex parte requests for scheduling are limited by SCR 20:3.5, "Code of Professional Conduct for Attorneys-Impartiality and decorum of the tribunal."
Page 9 | RULE 5: SCHEDULING/ADJOURNMENTS