Ozaukee County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

Except in eviction actions, a defendant may avoid appearing on the initial return date by filing a written answer and serving a copy on the plaintiffs, received by both by noon on the last business day before the return date.

Except for eviction actions, a defendant need not appear on the initial return date if the defendant has filed a written answer with the court, with a copy to plaintiff(s), in a timely fashion such that the answer is received by the clerk of court and the plaintiff(s) no later than 12:00 noon on the last business day prior to the return date.

CRITICAL

Except in eviction actions, a plaintiff may avoid appearing on the return date by filing a letter of appearance and affidavit of non-military service received by the clerk by noon on the last business day before the initial return date.

Except for eviction actions, a plaintiff need not appear on the return date if the plaintiff has filed a letter of appearance and affidavit of non-military service in a timely fashion such that it is received by the clerk of court no later than 12:00 noon on the last business day prior to the initial return date.

WARNING

The party sending a facsimile document is solely responsible for ensuring that it is received completely and on time.

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

WARNING

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court.

If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court.

WARNING

The court is not responsible for transmission errors or failures, missing or illegible documents, or periods when its facsimile machine is not operational.

The court is not responsible for: (1) Errors or failures in transmission that result in missing or illegible documents. (2) Periods when a facsimile machine is not operational for any reason.

CRITICAL

Deadline

48 hours

A request to appear by telephone or another electronic method must be made in writing 48 hours before the hearing, unless supported by an emergency.

(b) Any request for telephonic or other electronic method of appearance must be made in writing forty-eight (48) hours prior to the hearing unless the request is supported by the existence of an emergency..

CRITICAL

The notice requesting rehearing must be sent at least ten days before the scheduled hearing date.

A party requesting a rehearing on ten (10) day notice shall send a notice to all other parties and the court at least ten (10) days prior to the scheduled hearing date.

CRITICAL

The findings, conclusions, and judgment must be filed after the parties sign and attorneys review them, and no later than 30 days after judgment is granted.

After the parties sign and attorneys review them, but no later than thirty (30) days following the granting of the judgment, the findings of fact, conclusions of law and judgment of divorce or paternity shall be filed.

CRITICAL

Deadline

48 hours

Documents for consideration at a hearing generally must be filed at least 48 hours before the hearing; the text also states that the 72-hour time frame does not apply to Local Rule 502.2 and small-claims matters.

All documents are to be electronically filed (except those exempt under Wis. Stats. §801.18) with the clerk of circuit court’s office at least forty-eight(48) hours prior to the hearing for consideration at that hearing unless otherwise permitted by the court. The seventy-two-hour time frame does not apply to local rule 502.2 and small claims matters.

CRITICAL

The evaluation request is due when the guardianship petition is filed, and the evaluation must be filed before the hearing.

(c) Protective placement petition. If a protective placement petition is part of a guardianship petition, the moving party shall at the time of filing the petition request the Ozaukee County Department of Health and Human Services to complete a comprehensive evaluation of the proposed ward and file it with the court prior to the hearing.

CRITICAL

Unless specifically ordered otherwise, trial and hearing exhibits must not be filed before the trial or hearing.

Absent a specific order to the contrary, trial and hearing exhibits are not to be filed prior to any trial or hearing, and are not to be electronically filed by parties or their attorneys.

CRITICAL

The moving party must file a reply brief within 10 days after service of the respondent’s answering materials, and the reply is limited to claims or legal theories presented by the motion.

(d) A moving party shall have 10 days from the service of the respondent's answering brief, affidavits, or other supporting documents to serve and file a reply brief, limited to the claims or legal theories presented by the motion.

CRITICAL

Deadline

10 business days

For motions other than summary judgment or dismissal motions, the moving party must file the motion and supporting materials with the clerk no later than 10 business days before the hearing.

If a moving party desires to file a brief, affidavit, or other documents in support of a motion other than one for summary judgment or dismissal, such motion and supporting materials shall be served upon all attorneys of record and/or parties not represented by counsel and filed with the clerk of circuit court no later than ten business days before the time specified for the hearing.

CRITICAL

The moving party must file the notice of motion and motion within five days after obtaining the hearing date, or the hearing time will be released and the motion may be rejected.

The moving party must file its notice of motion and motion within 5 days after obtaining the hearing date from the judicial assistant. Failure to file the motion within 5 days will result in the time set aside for the hearing being released, and the motion may be rejected by the Clerk of Circuit Court.

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 court media coordinator in writing at least seventy-two (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 court media coordinator in writing at least seventy-two (72) hours prior to the time set to hear the motion.

CRITICAL

Deadline

20 calendar days

The moving party must file its notice of motion and motion for de novo review within 20 calendar days of the oral decision or, if none was given, mailing of the written decision or order.

The moving party must then file its notice of motion and motion for de novo review within 20 calendar days of the commissioner’s oral decision, or within 20 calendar days of the mailing of the commissioner’s written decision or order if the decision or order was not given orally at the time of the hearing.

CRITICAL

All required affidavits, findings, and judgment papers must be filed at least three days before the motion hearing.

All required affidavits, findings and judgment papers are filed at least three days prior to the motion hearing date.

CRITICAL

Sworn financial statements of both parties must be filed before the final hearing.

The following documents must be filed prior to the final hearing: (a) Sworn financial statements of both parties.

CRITICAL

A respondent must file responsive materials within 20 days after service of the moving party’s motion, unless the respondent waives the right to file them in writing.

(c) A respondent shall have 20 days from the service of the moving party’s motion to serve and file a brief, affidavits, or other supporting documents, or waive in writing the right to do so.

CRITICAL

A party may object to the proposed fee order within ten days after receipt.

The GAL must send a copy of the proposed order on fees to all interested parties, giving any party a right to object within ten (10) days of receipt of the proposed order.

CRITICAL

A party objecting to a proposed order or judgment must file a written objection stating specific objections and suggested changes within five business days of receipt.

If any party believes that the proposed [order/judgment] does not accurately state the court’s ruling, the party must file a written objection to the court, indicating the specific objection(s) and suggestions for change, within five business days of receipt.

CRITICAL

(c) If all parties do not stipulate to the taking of telephone or other electronic media testimony, any party seeking to admit such testimony shall raise the issue by a written motion, twenty-four (24) prior to said hearing.

(c) If all parties do not stipulate to the taking of telephone or other electronic media testimony, any party seeking to admit such testimony shall raise the issue by a written motion, twenty-four (24) prior to said hearing.

CRITICAL

Deadline

5 business days

Opposition briefs and supporting materials must be filed with the clerk no later than five business days before the hearing.

Response briefs, affidavits, or other supporting documents in opposition to such motions must be received by the moving party and filed with the clerk of circuit court no later than five business days prior to the hearing of the motion.

CRITICAL

Copies of non-Wisconsin authorities must be filed with the court at the same time as the brief.

(c) Copies of non-Wisconsin authorities shall be filed with the court and provided to all other attorneys and unrepresented parties at the same time as the brief, and shall not be included in the page limitations set forth in subsections (a) and (b).

CRITICAL

In a criminal matter where the defendant is self-represented or defense counsel has withdrawn, the DA’s office must respond within 10 days of electronic notification; if no response is filed, the DA’s office is presumed to take no position.

In any criminal matter where the defendant is representing his/herself and/or defense attorney is withdrawn from further representation, any correspondence by the defendant to the court requesting court action must be responded to by the DA’s office within 10 days of electronic notification of said correspondence. If no response is filed, it will be presumed the DA’s office is not taking a position on said request.

CRITICAL

A jury demand must be made before or at the scheduling conference.

Pursuant to sections 805.01(2) and 814.61(4), Wis. Stats., any jury demand must be made prior to or at the scheduling conference.

CRITICAL

Orders must be submitted for signature within seven days after the hearing concludes, unless the court orders otherwise or a statute provides otherwise.

All orders are to be submitted to the court for signature within seven (7) days following the conclusion of the hearing unless otherwise ordered by the court or provided by statute.

CRITICAL

The moving party must file within 5 days after obtaining the hearing date.

The moving party’s filing must be made within 5 days after the hearing date is obtained.

CRITICAL

All required affidavits and proposed orders must be filed at least three days before the hearing.

All required affidavits and proposed orders are filed at least three days prior to the hearing date.

WARNING

The court may disregard a motion, brief, affidavit, or other supporting document that is served or filed untimely.

Any motion, brief, affidavit, or other supporting documents served and/or filed in an untimely fashion may be disregarded by the court.

WARNING

To the extent possible, requests for mediation or appointment of a guardian ad litem shall be made far enough in advance of a hearing scheduled to address custody or placement issues such that the mediation may be accomplished, or the guardian ad litem appointed, prior to any such hearing.

To the extent possible, requests for mediation or appointment of a guardian ad litem shall be made far enough in advance of a hearing scheduled to address custody or placement issues such that the mediation may be accomplished, or the guardian ad litem appointed, prior to any such hearing.

WARNING

The court may disregard briefs that exceed the permitted length.

(b) Briefs in excess of the permitted length may be disregarded by the court.

INFO

An order may provide for a rehearing on ten days’ notice.

An order may provide for rehearing on ten (10) day notice.