Outagamie County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

Proofs of service mailed, faxed, or e-filed with the Clerk of Courts must be received by 4:00 p.m. on the Wednesday before the initial appearance.

Proof(s) of service that are mailed, faxed or e-filed with the Clerk of Courts must be received by 4:00 p.m. on the Wednesday preceding the initial appearance.

CRITICAL

Annual Accounts and Annual Reports on Condition of the Ward are due to the Register in Probate Office by 4:30 p.m. on April 15 each year, or by 4:30 p.m. on the following business day if April 15 falls on a weekend or holiday.

Annual Accounts and Annual Reports on Condition of the Ward are due to the Outagamie County Register in Probate Office each year by 4:30 p.m. on April 15th. If April 15th is on a weekend or holiday, annual accounts and annual reports are due the following business day at 4:30 p.m.

CRITICAL

The party sending a facsimile document is responsible for ensuring that the court receives it timely and completely.

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.

WARNING

The court, judge, and clerk are not responsible for fax transmission errors, missing or illegible documents, or periods when the court's fax machine is not operational.

The circuit court, judge or clerk is not responsible for errors or failures in transmission that result in missing or illegible documents or periods when a circuit court facsimile machine is not operational for any reason.

WARNING

A Temporary Guardianship may be extended only one time, for 60 days.

A Temporary Guardianship may be extended only once, for a period of 60 days.

CRITICAL

A waiver received after February 15, or the next business day when February 15 falls on a weekend or holiday, will be denied and a full accounting will be required.

Any waiver received by the Outagamie County Probate Office after February 15th (or the next business day if February 15 is on a weekend/holiday) will be denied and the guardian of estate will be required to prepare a full accounting of their ward’s income and expenses.

CRITICAL

The rent and damage list must be received by the Clerk of Court by 4:00 p.m. on the Wednesday before the hearing.

A rent and damage list must be received in the Clerk of Court’s office no later than 4:00 p.m. on the Wednesday preceding the rent and damage hearing date.

CRITICAL

Deadline

2 working days

Court-ordered reports must be completed and filed with the court at least two working days before the scheduled dispositional hearing.

Court reports that have been ordered by the court shall be completed and filed with the court not less than two working days before the scheduled dispositional hearing.

CRITICAL

Unless manifest injustice exists, the stated values are conclusive at trial unless the opposing party files and serves its intended supporting information and documentation within 20 days after service.

The values set forth shall, in the absence of manifest injustice, be conclusive at trial unless, within twenty (20) days after service, the opposing party files with the Clerk of Courts, and serves on the moving party, or counsel, if any, information and documentation as set forth in section 4.2 above, on which they intend to rely at trial.

CRITICAL

Deadline

72 hours

If the petition has not been filed by the custody hearing and statutory grounds for an extension exist, 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: 2. Ch. 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.

CRITICAL

If a party receives or applies for public assistance after service of the Summons or filing of the Joint Petition, each party must file a financial disclosure statement with the Child Support Agency within 30 days after the eligibility determination.

3. If any party, subsequent to the service of the Summons or filing of a Joint Petition, receives or applies for public assistance [foster care, child care assistance, W-2, Badger Care, medical assistance or food share], each party shall file with the Outagamie County Child Support Agency a financial disclosure statement, within thirty (30) days of the determination of said eligibility.

CRITICAL

The affidavit must be filed before or at the initial appearance; otherwise the case will be continued and the plaintiff must make another court appearance.

If it is not filed prior to or at the initial appearance date the case will need to be continued requiring the plaintiff to make an additional court appearance.

CRITICAL

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

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

CRITICAL

Motions capable of resolution before trial, including motions to suppress statements, must be filed in writing within ten days of the initial appearance.

All motions which should be capable of resolution before trial, including motions to suppress statements, must be filed in writing within ten (10) days from the initial appearance.

CRITICAL

Either party may move for Circuit Court imposition of certified contempt sanctions no later than 45 days after service of the Commissioner's order.

If the Family Court Commissioner certifies an issue to the Circuit Court for imposition of contempt sanctions against a party, either party may, at any time after the hearing but no later than forty-five (45 days) days after service of the Order of the Family Court Commissioner, move for imposition of said sanctions by the Circuit Court.

CRITICAL

Deadline

5 business days

Within 5 business days after receiving the Homeowner’s initial information submission, the Lender must notify the Program Administrator of known deficiencies and send the completed Confidential Loan Data Sheet.

Within 5 business days after receipt of Homeowner’s initial submission of information, Lender shall: a. Notify the Program Administrator of any known deficiencies, including any missing information or documentation required for the loan modification application to be complete, and b. Send the completed Confidential Loan Data Sheet.

CRITICAL

The 30-day period for setting a return date is stayed until the Court Commissioner decides the personal-jurisdiction issues in an out-of-state-defendant complaint.

The 30-day time period for setting a return date shall be stayed until the Court Commissioner has issued a decision on the personal jurisdiction issues presented by complaints against out-of-state defendants.

CRITICAL

An objection seeking review of the Court Commissioner’s Findings and Recommendations must be filed within ten days after counsel are notified of the Findings.

The Court Commissioner’s Findings and Recommendations are subject to review by the Court where an objection is filed within ten (10) days’ time after counsel are notified as to the Findings.

CRITICAL

The Findings of Fact and Order must be submitted within 30 days after the hearing, even if a party seeks de novo review.

Findings of Fact and Order of the Family Court Commissioner shall be prepared by the moving party or such party as the Family Court Commissioner directs, and submitted to the Family Court Commissioner for signature within thirty (30) days of the date of the post-judgment hearing before the Family Court Commissioner. A party directed to prepare an Order under this section must prepare and submit said Order within the above specified time limits regardless of whether they or any other party to the action seeks de novo review under section 16.3 of the Family Court Rules.

CRITICAL

After the Court issues an Order to Deposit, the financial institution must be served with the order and its Admission of Service must be filed within 30 days.

Within 60 days after the appointment of a guardian of the estate or upon review of an existing case where a guardian of the estate has been appointed, the Court may require the below additional procedure with respect to any guardianship with assets exceeding $50,000.00 1. Order certain assets or a portion of the ward's assets (including the majority of the ward's assets) be deposited in an insured account of a bank, credit union, savings bank, or other financial institution in the name of the guardian and the ward as a restricted account. 2. No withdrawals may be made from the restricted account without a specific Court Order after petition has been made by the guardian. 3. Proof of deposit shall be filed with the Court within 30 days of Order to deposit. 4. Within 30 days after the Court has issued an Order to Deposit, the financial institution must be served with said order and Admission of Service by the financial institution shall be filed with the Court.

CRITICAL

Deadline

3 business days

Filings for a written appearance must be received by the Clerk of Court at least three business days before the initial appearance.

Filings comprising the written appearance must be received in the Clerk of Court’s office three (3) business days prior to the initial appearance.

CRITICAL

The responsible agency must notify the court at least 30 days before an order terminates whether it will seek an extension or allow the order to terminate.

The agency primarily responsible for implementation of a Chapter 938 dispositional order shall notify the court at least thirty 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

If a party files a motion for a de novo hearing, the Court must schedule a hearing within 60 days after filing and notify the parties.

If a motion for de novo hearing is filed by any party, the Court shall schedule a hearing within 60 days from the date of the filing of the motion. and notify the parties.

CRITICAL

Deadline

5 working days

The juvenile court must respond in writing to a court-record access request within 5 working days.

All requests for access to court records shall be responded to, in writing, within 5 working days of the request.

CRITICAL

If the Court requires the additional procedure and issues an order to deposit, proof of deposit must be filed within 30 days of that order.

Within 60 days after the appointment of a guardian of the estate or upon review of an existing case where a guardian of the estate has been appointed, the Court may require the below additional procedure with respect to any guardianship with assets exceeding $50,000.00 1. Order certain assets or a portion of the ward's assets (including the majority of the ward's assets) be deposited in an insured account of a bank, credit union, savings bank, or other financial institution in the name of the guardian and the ward as a restricted account. 2. No withdrawals may be made from the restricted account without a specific Court Order after petition has been made by the guardian. 3. Proof of deposit shall be filed with the Court within 30 days of Order to deposit.

CRITICAL

Either party may move for a de novo hearing no later than 20 days after an oral decision or 20 calendar days after mailing of a written decision or order when no oral decision was given.

Either party may, at any time after the hearing, but no later than twenty (20) days after the oral decision of the court commissioner or within 20 calendar days of the mailing of a written decision or order by the court commissioner if the decision was not given orally by the court commissioner at the time of hearing, move for a de novo hearing on said post judgment matters.

CRITICAL

Statutory time periods must be followed unless a special exception is granted in advance.

Statutory time periods will be followed unless special exception is granted in advance.

CRITICAL

Defendants asserting claims against the plaintiff must file a written counterclaim by the deadline set at the initial appearance.

Defendants alleging claims against the plaintiff will be given a deadline at the initial appearance by which they must file a written counterclaim specifying their claim(s).

CRITICAL

Deadline

10 business days

A party seeking a de novo hearing must file a written request with the Clerk of Courts within 10 business days after receiving the commissioner’s signed order.

Any party has the right to a de novo hearing before the assigned Judge if a written request is filed with the Clerk of Courts within 10 business days of receipt of the order signed by the Family Court Commissioner.

CRITICAL

A stipulation must be filed no later than its scheduled review time.

Stipulations must be filed on or before the scheduled time to review the stipulation or personal appearances are required.

CRITICAL

An authorized person must file the required materials with the Clerk of Courts and Sheriff's Department at least seven days before bringing a concealed weapon into a courthouse.

Any person authorized to carry a concealed weapon into a courthouse or courtroom under §175.60(16)(b)2 shall, at least seven (7) days before bringing any concealed weapon into an Outagamie County courthouse, file with the Clerk of Courts and the Outagamie County Sheriff's Department the following:

CRITICAL

A juvenile detention hearing must be scheduled within the first working day after detention.

Juvenile detention hearings shall be scheduled within the first working day following the detention.

CRITICAL

The Guardian ad Litem has 30 days to conduct the review and file the annual report with the Register in Probate Office.

1. The Guardian ad Litem will have 30 days to conduct the review and file the Annual Report of the Guardian ad Listen with the Register in Probate Office.

CRITICAL

If a party receives or has applied for public assistance when the Summons is served or the Joint Petition is filed, a copy of the financial disclosure statement must be filed with the Child Support Agency within 90 days of that event.

2. When any party is receiving public assistance [foster care, child care assistance, W-2, Badger Care, medical assistance or food share] or has applied for same, at the time of the service of the Summons or filing of the Joint Petition, a copy of said financial disclosure statement shall be filed with the Outagamie County Child Support Agency within ninety (90) days after the service of Summons or filing of the Joint Petition.

CRITICAL

The Program Administrator must send the Final Mediation Report to the Court no later than 10 days after mediation concludes.

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

CRITICAL

Deadline

48 hours

The agency preparing a court report must forward copies to the Clerk of Courts no later than 48 hours before the disposition hearing.

The agency completing the court report shall forward copies of the report to the Clerk of Courts no later than 48 hours prior to the disposition hearing.

CRITICAL

Deadline

2 business days

For a virtual hearing by phone or Pexip video conference, documents and exhibits must be filed at least two business days before the hearing to be considered.

If a hearing will be conducted virtually (either by phone or by pexip video conference), all documents and exhibits for that hearing must be filed two business days prior to the hearing to be considered.

CRITICAL

The GAL and Adversary Counsel must each respond in writing within 7 days after receiving Corporation Counsel’s written position.

5. Within 7 days of the GAL and Adversary Counsel receiving the Corporation Counsel’s written position, each shall respond in writing as to his/her position on the issues.

CRITICAL

Either party may move for a de novo hearing no later than 30 days after service of the injunction or dismissal of the petition.

Either party may, no later than thirty (30) days after service of the injunction or after dismissal of the petition, move for a de novo hearing on said petition.

CRITICAL

Deadline

5 business days

Filings comprising a written appearance must be received by the Clerk of Court at least 5 business days before the initial appearance.

Filings comprising the written appearance must be received in the Clerk of Court’s office 5 business days prior to the initial appearance.

CRITICAL

Deadline

10 business days

The Homeowner must supply information or documents identified as outstanding within 10 business days; otherwise, if the Lender requests closure, the mediation process may conclude.

The Homeowner has failed, after 10 business days, to supply information or documents identified as outstanding by the Lender and the Lender has requested that mediation be closed.

CRITICAL

Motions based on information first obtained through a discovery answer must be filed within ten days after discovery is complete.

Motions based upon information first obtained as the result of the discovery answer shall be filed within ten (10) days after the completion of discovery.

CRITICAL

The responding party must reply within fifteen days after receiving the written discovery demand.

The responding party shall reply to the discover demand within fifteen (15) days of the receipt of the written discovery demand,

CRITICAL

Written discovery demands must be filed within ten days of the initial appearance.

Written discovery demands, under Section 971.24 through 24 and 345.421, must be filed within ten (10) days of the initial appearance pursuant to section 97131(5)(a) and 345.421.

CRITICAL

A trial request is due within 10 days of an oral decision at the contested hearing or within 15 days of a written decision.

This request must be made in writing within ten (10) days of the Court Commissioner's decision if given orally at the time of the contested hearing, and within fifteen (15) days of a written decision of the Court Commissioner.

CRITICAL

The District Attorney must file the required plea-negotiation statement at the time of a plea that amends or dismisses any felony count.

NOW, THEREFORE, IT IS HEREBY ORDERED that the District Attorney shall file, at the time of a plea wherein any felony count is being amended or dismissed, a written statement containing the factors and considerations taken into account in making such plea negotiation, including but not limited to prior criminal record of the defendant and statement from the victim.

CRITICAL

If no response is received within 30 days, the Program Administrator must notify the Court and close the mediation.

If no response is received within 30 days, the Program Administrator will notify the Court that Lender has not responded and will close the mediation.

CRITICAL

A felony preliminary hearing must be scheduled within 10 days when a cash bond over $500 is required.

Felony cases will be scheduled for preliminary hearing within 10 days where a cash bond over $500.00 is required

CRITICAL

The Circuit Court must hold the de novo hearing within 30 days after the motion is filed unless it finds good cause for an extension.

If a motion for de novo hearing is filed, the Clerk of Courts shall assign the case to a Circuit Court branch and pursuant to Wis. Stats. s.813.126, the Circuit Court shall hold the de novo hearing within 30 days after the Motion requesting the hearing is filed unless the Circuit Court finds good cause for an extension.

CRITICAL

When the stated Social Security condition applies, proof of the ward’s monthly benefit amount is due within 14 days after receipt from the Social Security office.

If the proposed ward is not receiving Social Security benefits at the time the Monthly Budget Expense Breakdown is submitted, the guardian of estate shall provide proof of the ward’s monthly benefit amount within 14 days of receiving the same from the Social Security office.