Portage County Circuit Court, Wisconsin Adjournment & Extension Requirements

CRITICAL

A stipulated request to continue a trial date requires the parties’ consent in writing or on the record and good cause.

2.4.01 Stipulated requests for continuance of trial dates require the consent of the parties in writing or on the record and must be for good cause.

CRITICAL

If the defendant cannot agree to an extension, the Court may extend the time limits on its own motion for cause to enable representation at the preliminary hearing and must make supporting findings; without cause, it will schedule the preliminary hearing within the time limits.

If the Court determines that the defendant does not or is otherwise unable agree to extend the time limits, the Court may on its own motion extend time limits for cause and schedule an adjourned initial appearance. The purpose of finding cause to extend time limits is to enable a defendant to be represented by counsel at the preliminary hearing. When finding cause to extend time limits, the Court will make the necessary findings supporting cause. (b) If the Court does not find cause, the Court will schedule the matter for preliminary hearing within time limits irrespective of the status of counsel.

CRITICAL

If the defendant agrees to an extension, the Court will extend the time based on the parties’ stipulation, schedule an adjourned initial appearance, and toll the time limits until then.

If the defendant agrees, the Court will extend the time based upon the stipulation of the parties and schedule an adjourned initial appearance. Time limits will be tolled until the adjourned initial appearance.

CRITICAL

Filing deadlines may be changed by agreement only if the court approves the agreed deadlines and incorporates them into the scheduling order.

These filing deadlines control unless the parties agree otherwise and the agreed-upon deadlines are approved by the court and incorporated into the scheduling order.

CRITICAL

A stipulation extending a scheduling-order date is not binding unless the Court approves it.

Stipulations extending any dates set forth in the scheduling order are not binding unless the Court approves such stipulation.

CRITICAL

All continuance requests require Court approval, and witnesses should not be released before approval is granted.

2.4.03 All requests for continuance are subject to approval of the Court, and witnesses should not be released until such approval is granted.

CRITICAL

A non-stipulated continuance request must be made by motion, heard, and supported by good cause.

2.4.02 Non-stipulated requests for continuance must be on motion and hearing and for good cause.

CRITICAL

If the respondent is unserved by the hearing, the Court will ask whether service efforts will continue and may grant only one 14-day extension to hold the hearing.

If the respondent has not been served before the scheduled injunction hearing, the Court will ask whether the petitioner plans to continue efforts to serve the respondent. (1) The Court will consider an extension, but can only grant one 14-day extension to hold the hearing.

CRITICAL

When an estate cannot be closed on time, an extension request must be made by petition stating the reasons, and the court reviews each request individually.

When an estate cannot be closed within the required time limits. (1) A petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court. (2) A proposed order shall also be submitted. (3) The court will review each request individually.

CRITICAL

If an extension of a temporary guardianship is requested, a petition to extend and an order on that petition must be filed.

(2) A Petition to extend temporary guardianship and order on petition to extend temporary guardianship shall be filed if an extension of the temporary guardianship is requested.

WARNING

The Court may adjourn a return date upon cause shown.

Upon cause shown, the Court may permit an adjournment of a return date.

WARNING

The Court will reasonably evaluate motions to adjourn the scheduling conference when legitimate issues involve late discovery, additional investigation, or the defendant’s or victims’ rights.

(5) The Court will reasonably evaluate motions to adjourn the scheduling conference when there are legitimate issues regarding late discovery, a need for additional investigation, or other matters implicating a defendant's constitutional rights, or rights of victims.

WARNING

A return date may be adjourned for cause under rule 8.4.04.

Except as provided in 8.4.03, both parties are required to appear (as provided in rule 8.3) on the return date unless adjourned for cause under rule 8.4.04.

WARNING

On motion and for good cause, the Court may extend the discovery period or reopen discovery.

On motion and for good cause, the Court may extend the time during which discovery may occur or reopen discovery.