Pierce County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

For a remote plea hearing, the attorney must e-file the Plea Questionnaire and Waiver of Rights Form before the hearing.

If the plea hearing is being conducted remotely, the attorney shall e-file the Plea Questionnaire and Waiver of Rights Form in advance of the hearing.

WARNING

The transmitting party is solely responsible for ensuring that the document is received timely and completely.

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

WARNING

Proposed orders are held for at least five days after receipt unless an earlier decision is needed; they may be signed if no other party objects, while agreed stipulated orders are signed immediately.

The Judge and Court Commissioner shall hold proposed orders for a minimum of five (5) days upon receipt unless the matter requires a decision sooner. If no objection is received by any other party, they may sign the orders as submitted. If a stipulation and order is submitted where all parties are in agreement it will be signed immediately.

CRITICAL

Both parties must file a Financial Disclosure Statement with the Court Commissioner before or at a temporary-order hearing, or before entry of a stipulated temporary order; if public assistance is involved, it must also be filed with the Pierce County Child Support Agency.

A Financial Disclosure Statement must be filed by both parties with the Court Commissioner and with the Pierce County Child Support Agency if public assistance is involved, before or at the time of the hearing on the temporary order or prior to the entry of any temporary order based upon a written stipulation.

CRITICAL

Parties may file summary judgment motions within eight months after filing the summons and complaint or within the time set by the scheduling order.

The parties may file motions for summary judgment within eight (8) months of the filing of the summons and complaint or within the time established in the scheduling order, as allowed under Wis. Stat. [802.08.

CRITICAL

A defendant who wants a hearing on the plaintiff's motion must request one in writing within 15 days of the notice.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

CRITICAL

When restitution is ordered to be determined because the amount cannot be set at sentencing, the District Attorney must submit the claim within 30 days unless good cause supports a different deadline.

If unable to determine a specific amount of restitution at the time of Sentencing, and Restitution is ordered "to be determined", the restitution claim shall be submitted by the District Attorney within 30 days unless good cause can be shown for a different deadline.

CRITICAL

Applies to

Motion

A motion for review of a commissioner’s decision must be brought within 14 days of the filed written order or oral ruling, unless law allows a different period; dismissals and default judgments based on non-appearance or non-compliance are not reviewable.

Such motion shall be brought within fourteen (14) days of the commissioner's order unless a separate time period is allowed by law. The fourteen (14) days commences from the date a written order was filed or from the oral ruling. Dismissals or default judgments based upon non-appearance or non-compliance are not subject to review by the Circuit Court.

CRITICAL

The defendant has 30 days after submission to object to the restitution amount; without an objection the requested amount will be ordered, and with an objection a hearing will be set.

Once submitted the defendant has 30 days to object to the amount of restitution. If not objection is received, the amount requested will be ordered as restitution. If an objection is received, a restitution hearing will be set.

CRITICAL

Deadline

2 business days

Remote-appearance requests are due at least two business days before the hearing unless extenuating circumstances prevent timely filing; parties should plan to appear in person unless the request is granted.

Requests to appear remotely (via phone or videoconference) shall be requested in writing at least 2 business days prior to the hearing unless extenuating circumstances prevent the timely filing of the request. The parties should not assume requests will be granted and should plan to appear in person unless the request is granted.

CRITICAL

A minor guardianship inventory must be filed within 60 days after appointment of a guardian of the estate.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate

CRITICAL

A continuance request must be made within twenty days after the hearing or trial notice is provided, but the Court may shorten that period when the proceeding’s time limits do not permit it.

Continuance requests are subject to the approval of the Court and shall be requested of the Court within twenty (20) days of the date a hearing/ trial notice is provided. If the time limits of the proceeding do not permit such time periods, the Court may in its discretion shorten the time to file a notice of continuance and objection.

CRITICAL

An updated Financial Disclosure Statement must be filed at the final hearing or when ordered by the Court; if a party fails to timely file a complete statement, the Court may accept the other party’s statement as accurate.

An updated Financial Disclosure Statement shall be filed at the final hearing, or at such time as ordered by the Court. Failure by either party to timely file a complete disclosure statement as required, shall authorize the judge or court commissioner to accept the statement of the other party as accurate.

CRITICAL

The guardianship inventory must be filed within 60 days after appointment of a guardian of the estate.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

CRITICAL

The Notice of Retainer or Order Appointing Counsel must be filed as soon as practicable.

An attorney who represents a party shall file with the Clerk of Court a Notice of Retainer or Order Appointing Counsel as soon as practicable.

CRITICAL

The estate inventory must be filed no later than four months after letters issue.

Estate inventory shall be filed no later than four (4) months after the issuance of letters

CRITICAL

The required fiduciary closing certificate and, when applicable, federal estate tax closing letter must be filed before the estate closes.

A Wisconsin closing certificate for fiduciaries shall be filed and a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate.

CRITICAL

If the plaintiff fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the defendant(s), the case may be dismissed. If the defendant fails to file his or her more detailed statement of the case with the Clerk of Court by the due date set by the Court Commissioner, or fails to provide a copy to the plaintiff(s), judgment may be entered in favor of the plaintiff(s).

If the plaintiff fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the defendant(s), the case may be dismissed. If the defendant fails to file his or her more detailed statement of the case with the Clerk of Court by the due date set by the Court Commissioner, or fails to provide a copy to the plaintiff(s), judgment may be entered in favor of the plaintiff(s).

CRITICAL

Estate actions must be disposed of within twelve months after the petition or application to open the estate is filed.

Estate actions shall be disposed of within twelve (12) months from the date of the filing of the petition or application to open estate.

CRITICAL

Injunction hearings must be scheduled with a commissioner or judge based on the case and calendar availability to comply with statutory hearing timelines.

Injunction hearings shall be scheduled with either the Court Commissioner or Judge, depending on the nature of the case and calendar availability, to ensure compliance with statutory hearing timelines.

CRITICAL

The conservatorship inventory must be filed within 60 days after appointment of a conservator.

The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

WARNING

Applies to

Motion papers

Motions, supporting documents, and briefs should be filed at least 20 days before the hearing, unless another rule or court order provides otherwise.

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.

WARNING

A default divorce date cannot occur until the statutory 120-day waiting period has expired.

Default divorce dates will not occur until after the statutory 120 day waiting period contained in Wis. Stat. $767.335 has expired.

WARNING

Applies to

Written response

The opposing party should file a written response at least 5 days before the hearing.

The opposing party should serve and file a written response at least five (5) days before the hearing.

WARNING

Cameras and recording equipment may be allowed in courtrooms or hearing chambers provided a written request is made to the presiding court official at least three (3) days before each scheduled hearing or trial.

Cameras and recording equipment may be allowed in courtrooms or hearing chambers provided a written request is made to the presiding court official at least three (3) days before each scheduled hearing or trial.