Polk County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.

In order for the court to grant a continuance, the law requires that a formal motion be made to the court with notice to the opposing party.

CRITICAL

A citation not closed, disposed of, or scheduled for further proceedings within 90 days of the initial appearance must be dismissed unless the court grants a continuance for good cause.

Any citation not closed/disposed or scheduled for further proceedings, within 90 days of the initial appearance shall be dismissed, unless a continuance has been granted by the court upon good cause shown.

CRITICAL

Where time permits, a continuance request must be written and state specific reasons; merely saying a witness is unavailable is insufficient to establish good cause.

A request for a continuance must be made in writing, where time permits, and must state the specific reason(s) why a continuance is being sought. A mere statement that a witness is unavailable is not sufficient for the court to conclude there is good cause for a continuance.

CRITICAL

If no payments are made during the 60-day period and no written extension request is received, suspension or alternative sanctions will be imposed.

If no monthly payments have been made during the 60 days and no written request for an extension has been received, suspension or alternative sanctions will be imposed.

CRITICAL

A continuance request must state the opposing party’s or counsel’s position, including any objection and time conditions.

A request for continuance must state the position of the opposing counsel or opposing party. The court must be made aware of any objection to granting the continuance, and any time conditions the opposing party or counsel may have.

CRITICAL

If the case settles before the return date or the parties seek an adjournment, they must inform the clerk’s office before 9:30 a.m. on the return date.

If the case settles prior to the return date or the parties wish to adjourn the matter, the parties must inform the clerk of court’s office before 9:30 a.m., on the return date.

CRITICAL

If there is not time to contact the opposing party, the request must state the good-cause basis for not doing so, and the court will rule in its discretion.

When time does not permit contact with the opposing party, the request for continuance must state the good cause basis for not having contacted the opposing party or counsel. The court will exercise its discretion in ruling on such a request for continuance.

CRITICAL

Adjournment requests must be written and received at least five working days before trial, state the specific reason and opposing party’s position, and are decided based on the reason and both parties’ positions rather than agreement or objection alone.

All requests for adjournment of court trials must be in writing and be received by the clerk of court’s office at least 5 working days prior to the trial date. If this is not done, the trial will be held as scheduled. All requests for adjournment must include the specific reasons why a continuance is being requested and also state the position of the opposing party regarding the requested continuance. The court will not automatically grant a continuance simply because both parties agree to it, nor will the court deny the continuance simply because the opposing party objects to it. Rather, the court will consider the reason for the request along with the positions of both parties in making its decision.

WARNING

If someone appears to contest, the hearing will be continued to a date when the plaintiff's attorney can appear with witnesses and evidence.

If someone does appear to contest, the hearing will be continued to a date when plaintiff’s attorney can appear with witnesses and evidence.

WARNING

Extensions to the time-to-pay period are automatically granted if monthly payments have been coming in.

If monthly payments have been coming in, extensions will be automatically granted.

WARNING

If no payments have been made but a written extension request is received, one extension will be given and a return letter will warn that suspension or other sanctions may follow without further payments.

If no payments are made and a written request for extension has been received, one extension will be given and a return letter will be sent expressing that suspension or other sanctions may occur unless further payments are received.

WARNING

When no payments have been made and a second or later extension request is received, the file will be sent to the judge for a decision.

If a letter requesting a second or subsequent extension is received with no payments made, the file will be forwarded to the judge for a decision.

WARNING

When no one objects and the court approves a continuance request, no formal hearing is required.

However, it has been the practice of Polk County Circuit Courts that where there is no objection to the continuance and the court approves the request, no formal hearing is required.

WARNING

A requesting party must not suggest that the court will automatically grant a continuance merely because both parties agree.

The requesting party must not state or imply to the opposing party that the court will automatically grant a continuance simply because both parties agree to it.