Outagamie County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

The court must schedule a hearing for every extension request and, for a request filed during the final 30 days, will grant a temporary 30-day extension if it cannot schedule the matter before the order terminates.

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 thirty-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 thirty-day extension under § § 48.365(6) to 938.365(6), Wisconsin Statutes.

CRITICAL

The Court will not grant extensions to file an Annual Account.

No extensions to file an annual account will be granted by the Court.

CRITICAL

A party or attorney seeking an adjournment, continuance, or rescheduling must first attempt to reach agreement with the other party or attorney.

Any party or attorney seeking an adjournment, continuance, or rescheduling of a pending motion or hearing shall first attempt to reach an agreement for adjournment with the other party or attorney.

CRITICAL

A defendant may have one continuance, and the request must be in writing.

The defendant is allowed one continuance in these matters and that request must be in written form.

CRITICAL

A scheduled family court matter may be adjourned only for cause and with the assigned judge’s consent.

Once a family court matter has been scheduled, it will be adjourned only for cause and with the consent of the Judge to whom it was assigned.

CRITICAL

In misdemeanor cases, represented parties may request continuances with prior written approval.

Parties represented by an Attorney may request continuances in misdemeanor cases with prior written approval.

CRITICAL

An extension request received during the 30 days immediately before an order terminates must be accompanied by a request for a temporary 30-day extension to allow a hearing to be scheduled.

A request to extend a dispositional order received during the thirty-day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under § § 48.365(6) or 938.365(6), Wisconsin Statutes, in order to schedule a hearing

CRITICAL

Represented felony matters may be rescheduled with the District Attorney’s Office’s agreement.

Felony matters with representation by an Attorney may be rescheduled with the agreement of the District Attorneys Office.

CRITICAL

A preliminary hearing may be rescheduled only if all parties waive or will waive the applicable 10- or 20-day period on the record.

Rescheduling will be done only if the time has been waived or will be waived within the 10 or 20 day time period. This must be done on the record by all parties.

CRITICAL

Only the moving party may adjourn a hearing without a motion or stipulation.

The moving party for any hearing is the only party who can adjourn that hearing without a Motion or Stipulation.

CRITICAL

All continuance requests must be made in writing.

All requests for continuances must be in written form.

CRITICAL

Continuance requests must be written, filed with the Clerk of Courts, and copied to the other parties at least five business days before the proceeding; an objection requires a telephone conference with the Court Commissioner, and a late contested-hearing request requires the Commissioner’s approval and good cause to reschedule.

All requests for continuances of any small claims proceedings shall be made in writing, filed with the Clerk of Courts, with copies to the other parties at least five (5) business days prior to the scheduled court proceeding. If any party objects to the continuance, a telephone conference call must be arranged with the Court Commissioner at which time the request will be considered. Contested hearings will not be rescheduled if the request is less than five (5) business days prior to the hearing without the Court Commissioner’s approval and a showing of good cause.

CRITICAL

Deviations or continuances must be arranged through the assigned judge.

Deviations or continuances must be arranged through the assigned Judge.

CRITICAL

A person who cannot attend the initial appearance may request rescheduling in writing, and must file the request before the initial appearance.

If a person cannot attend the initial appearance date that is reflected on the citation a person may file a written request to have the case rescheduled. That request must be filed in written form before the initial appearance.

WARNING

Juvenile Court Intake Workers may request a delay, continuance, or extension for reasons allowed by statute, with Division Manager approval.

It is the opinion of the Outagamie County Judiciary that the delays, continuances, and extensions, as enumerated under 48.315 or 938.315 of the Wisconsin Statutes are applicable to the Juvenile Court Intake process. Juvenile Court Intake Workers may request a delay, continuance, or extension from the Outagamie County Judiciary for reasons allowable by statute and approved by the Division Manager just as if a petition has been filed.

WARNING

Intake Workers may request an extension of the 40-day period for good cause; the text permits a request but does not state that an extension is automatic.

However, Intake Workers may file requests for extension of 40 days for good cause.

WARNING

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

The Court will not routinely waive time limits.

WARNING

If scheduling or congestion prevents a timely custody hearing, it must be held as soon as reasonably practical.

If court scheduling or congestion makes it impossible to conduct a custody hearing within the time period, the custody hearing shall be conducted as soon as reasonably practical.

WARNING

If a party objects to a requested adjournment, the party requesting the adjournment shall notify the Family Court. The Family Court may then rule on the request either by phone conference with all parties present or at the time of the originally scheduled hearing. Costs may be assessed against parties or attorneys who unreasonably refuse adjournment requests.

If a party objects to a requested adjournment, the party requesting the adjournment shall notify the Family Court. The Family Court may then rule on the request either by phone conference with all parties present or at the time of the originally scheduled hearing. Costs may be assessed against parties or attorneys who unreasonably refuse adjournment requests.

WARNING

The supplemental-submission deadline may be extended for compelling circumstances beyond the Homeowner’s control.

This deadline may be extended for compelling circumstances beyond the Homeowner’s control.

WARNING

An agency preparing the court report may request an extension if it has no prior experience with the juvenile.

If the agency preparing the court report has not had any prior experience with the juvenile, the agency may request an extension for preparation of the court report.

WARNING

Telephone requests to change dates are allowed only in emergencies, and the Court Commissioner may require documentation of the emergency.

Changes in dates by telephone will only be allowed in emergency cases. Documentation of the emergency may be required by the Court Commissioner.

WARNING

The court may make an exception for a Guardian ad Litem with a calendar conflict who was not consulted about the original hearing date, or who needs additional time to investigate and make recommendations.

Exceptions to this rule may be made for Guardians ad Litem who have calendar conflicts and who were not consulted on the originally scheduled hearing date or who need additional time to investigate and make recommendations to the party and the court.

INFO

Consistent with the diversion of cases away from the formal court process, it is the opinion of the Outagamie County Judiciary that the delays, continuances, and extensions allowed under 48.315 or 938.315 of the Wisconsin Statutes are also applicable to the Juvenile Court Intake process.

Consistent with the diversion of cases away from the formal court process, it is the opinion of the Outagamie County Judiciary that the delays, continuances, and extensions allowed under 48.315 or 938.315 of the Wisconsin Statutes are also applicable to the Juvenile Court Intake process.