Marinette County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

The court may disregard briefs filed late.

Briefs filed in an untimely fashion may be disregarded by the court.

WARNING

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.

WARNING

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.

INFO

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

10 working days

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.

CRITICAL

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.

CRITICAL

Deadline

72 hours

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.

CRITICAL

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.

CRITICAL

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,

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 business days

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

Deadline

5 working days

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.

CRITICAL

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.

CRITICAL

Deadline

72 hours

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

72 hours

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

72 hours

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.

CRITICAL

Deadline

5 business days

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.

CRITICAL

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.

WARNING

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.