Marinette County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

The court will not routinely waive time limits in juvenile matters.

The court will not routinely waive time limits.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

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.