Ozaukee County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

A pretrial adjournment request must be written, sent to the clerk with a copy to the opposing party, received at least ten days before the scheduled date, and supported by good cause as determined by the court.

Requests for an adjournment of a pretrial conference must be made to the clerk of court in writing, together with a copy sent to the opposing party. The request must be received by the clerk of court not less than ten days prior to the scheduled date. Cases will not be adjourned unless good cause is determined by the court.

CRITICAL

To reschedule a court date out of court, the party must check available dates with the deputy clerk, determine the opposing party’s position and agree on a date if there is no objection, then notify the clerk; an objection requires a formal motion for rescheduling.

Any party wishing to reschedule a court date out-of-court shall follow this procedure: (a) The rescheduling party shall contact the court’s deputy clerk to determine available dates for rescheduling; (b) The rescheduling party shall contact the opposing party to determine whether it objects to the rescheduling and, if there is no objection, agree upon a date; (c) The rescheduling party shall again contact the court’s deputy clerk to advise whether the opposing party objects. If there is no objection, the rescheduling party shall advise as to the agreed upon new date. If there is an objection, the rescheduling party shall submit a formal motion for rescheduling which shall be heard by the court.

CRITICAL

If an estate cannot close within the statutory time, an extension petition stating the reasons and a proposed order must be filed, and the court will decide individually whether a hearing on notice is required.

When an estate cannot be closed within the statutory time limits, a petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court. A proposed order shall be submitted, and the court will review each request individually to determine whether or not a hearing on notice is required.

CRITICAL

Before the court takes the bench, a party seeking an in-court adjournment must check their calendar and tentatively schedule a new date with the deputy clerk at check-in; the court must approve the date on the record.

Any party intending to ask the court on the record to adjourn proceedings to a new date shall consult his/her calendar and tentatively schedule the new date with the court’s deputy clerk at the time of checking in, prior to the court taking the bench. The new date must still be approved by the court on the record.

CRITICAL

Only the moving party may adjourn a hearing without a motion or filed written stipulation, and the request must be in writing; exceptions may be made for qualifying guardian ad litem calendar conflicts or additional investigation time.

The moving party for any hearing is the only party who can adjourn that hearing without a motion or written stipulation filed, but said request must be submitted in writing. Exceptions to this rule may be made for guardian ad litem who have calendar conflicts and who were not consulted on date selection; or who legitimately need more time to investigate and make recommendations to the party and the court.

CRITICAL

A trial adjournment requires court permission, and the request must be written and state specific reasons.

Matters scheduled for trial may be adjourned only with the permission of the court. All requests for adjournment of a trial must be made in writing. Any such request shall set forth specific reasons for the request.

WARNING

(g) When scheduling hearings, meetings and conferences, judges, lawyers, litigants, clerks, and staff shall be considerate of the time schedules of the participants and shall grant reasonable extensions of time when such extensions will not adversely affect the court calendar or clients' interests.

(g) When scheduling hearings, meetings and conferences, judges, lawyers, litigants, clerks, and staff shall be considerate of the time schedules of the participants and shall grant reasonable extensions of time when such extensions will not adversely affect the court calendar or clients' interests.

WARNING

If the responding party refuses consent, the requesting party may seek a written ruling and must schedule a mutually convenient hearing date; absent that, the request will be heard on the originally scheduled date, and costs may be assessed in the stated circumstances.

If a responding party refuses to consent to an adjournment request, the party may move the Court in writing to rule on the adjournment request. It is the obligation of the requesting party to schedule a mutually convenient date for a hearing on the adjournment request. The date may be arrived at through a conference call with the appropriate court clerk, all the other attorneys, and any unrepresented parties. Otherwise, any adjournment request will be heard on the date of the originally scheduled hearing, and the court will rule as to whether the adjournment should be granted or whether the hearing will proceed as scheduled. Costs may be assessed against parties or attorneys who unreasonably refuse adjournment requests, or whose interests are unfairly impacted.

WARNING

The listed tax-related circumstances or pending litigation ordinarily qualify for one six-month estate-closing extension when the required petition is filed; pending litigation requires case information.

The following reasons ordinarily will qualify for a single six (6) month extension of time to close the estate, upon the filing of the required petition: (1.) The federal estate tax return has been timely filed and the estate tax audit has not been completed (2.) The final federal and state income tax returns have been timely filed but the closing certificate for fiduciaries has not been received from the Wisconsin Department of Revenue; or (3.) The estate is involved in pending litigation (case information must be provided).

INFO

The court will review all other grounds for an extension request.

All other grounds for any request for extension of time will be reviewed by the court.