Portage County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

A case is not assigned to a judge until the TRO process is complete and the case has been filed with the Clerk of Courts.

For all cases, the matter is not assigned to a judge until the TRO process is complete and the case is filed with the Clerk of Courts.

CRITICAL

Applies to

Exhibit

Exhibits may be filed before a hearing or trial, or pre-marked, only with Court approval; clerks may reject exhibits filed without permission.

Exhibits shall only by filed prior to a hearing or trial with the approval of the Court, although they may be pre-marked with approval of the Court. Clerks may reject exhibits filed without the Court’s permission.

WARNING

Exhibits should be filed after the Court receives them.

Exhibits should be filed after they are received by the Court.

WARNING

A request for comprehensive evaluation should also be filed at the same time as the petition for protective placement.

A request for comprehensive evaluation should also be filed at the same time as the petition for protective placement.

WARNING

The matter should only be filed and assigned to a branch after the TRO is approved or denied.

The matter should only be filed and assigned to a branch after the TRO is approved or denied.

INFO

A protective-placement petition may be filed with the guardianship petition or at any time afterward.

(1) A petition for protective placement may be filed with or anytime after the guardianship petition is filed.

CRITICAL

A plaintiff may petition to reopen a matter dismissed without prejudice within 30 days after dismissal, upon showing good cause.

A plaintiff whose action was dismissed without prejudice for failure to appear may, within 30 days from the dismissal, file a petition to re-open the matter for good cause shown.

CRITICAL

Daubert motions challenging an expert must be filed no later than 60 days before the final pretrial.

(c) Daubert motions challenging an expert must be filed no later than 60 days before the final pretrial.

CRITICAL

Substantive motions, including motions to dismiss or suppress evidence, admit other acts evidence, or join cases, must be filed no later than 90 days before trial.

(d) Substantive motions, including motions to dismiss or suppress evidence, motions to admit other acts evidence, and motions to join cases must be filed no later than 90 days before the trial.

CRITICAL

Absent good cause, a motion to compel discovery must be filed within 90 days after the response was due if none was served, or after the response was served.

Absent good cause, a motion to compel discovery must be filed no later than ninety days after the date upon which the discovery response was due (if not discovery response was served) or the date the discovery response was served.

CRITICAL

A guardian ad litem must submit the billing invoice within 30 days after discharge.

(2) The guardian ad litem shall submit their billing invoice within 30 days of discharge.

CRITICAL

Deadline

48 hours

A defendant asserting inability to pay restitution must file the financial disclosure statement at least 48 hours before the restitution hearing.

If the defendant intends to assert that they do not have the ability to pay restitution, they must file a written financial disclosure statement at least 48 hours before the restitution hearing which provides all sources of income, all assets, and all expenses.

CRITICAL

Deadline

24 hours

A party filing a motion must request a hearing date within 24 hours after filing.

4.2.02 A party filing a motion must contact the assigned court within 24 hours to request a date for hearing.

CRITICAL

Deadline

24 hours

The remote-appearance forms must be filed at least 24 hours before an attorney’s video appearance in juvenile or CHIPS cases.

Attorneys seeking permission to appear by videoconferencing must file forms GF-306 (Request for Remote Appearance) and GF-307 (Order on Request for Remote Appearance) at least 24 hours notice for attorney appearance by video in juvenile / CHIPS cases.

CRITICAL

Unless the judgment is submitted and distributed at the final hearing, the Petitioner must file it within 30 days after that hearing.

Unless otherwise submitted at the final hearing, and distributed by the court at the final hearing, within 30 days of the final hearing, the Petitioner shall file the judgment with attached agreement(s) (MSA, MPA, or arbitration decision).

CRITICAL

Deadline

4 hours

The District Attorney must provide the requested case information within four hours after receiving the traffic clerk’s email.

(c) To ensure prompt case management, the District Attorney will provide that information within four hours of receiving the email message from the traffic clerk.

CRITICAL

A defendant who needs more than 60 days to pay must apply to the Clerk of Court’s Office for a payment plan within 30 days of sentencing.

If the defendant needs more than sixty (60) days to pay, he/she shall apply for a payment plan with the Clerk of Court’s Office within thirty (30) days of the sentencing hearing.

CRITICAL

Applies to

Motion

Motions in traffic and ordinance matters must be filed no later than 10 days from the pretrial conference, unless the Court extends the deadline.

9.5.01 Motions in traffic and ordinance matters shall be filed no later than ten days from the pretrial conference, unless the deadline is extended by the Court.

CRITICAL

A defendant may petition to reopen a default judgment within 12 months after judgment.

A defendant who has a default judgment entered against him/her may, within 12 months of such judgment, petition the court to reopen the judgment and permit a hearing, by showing cause and a meritorious defense to the action.

CRITICAL

The non-moving party has 20 days after the movant’s brief is filed to file a response or written waiver, after which the response right is presumed waived and no further briefs will be accepted.

(1) The non-moving party shall have 20 days from the filing of the movant's brief within which to file a responsive brief or waive in writing the right to do so. If the non-moving party fails to file a brief or waiver of the same within the 20-day period, it shall be presumed that party has waived this right and the court shall accept no further briefs.

CRITICAL

Applies to

Motion

Motions, including Daubert motions, must meet the assigned judge’s scheduling-order deadlines, and a party waives a motion not filed by its deadline.

Motions shall be filed in accordance with all deadlines specified in the scheduling order issued by the assigned judge. This includes any motions pursuant to Wis. Stat. § 907.02 (Daubert motions). Upon filing any motion, the moving party shall contact the court for a hearing date for the motion. Motions will only be scheduled for hearing when the movant contacts the court’s judicial assistant to schedule the hearing. If no motions are filed by the specified deadlines the party waives the right to file such motions.

CRITICAL

Deadline

72 hours

Applies to

Adoption agency investigative report

For an adoption agency adoption, a complete investigative report must be filed at least 72 hours before the hearing.

For an adoption agency adoption, a complete and full investigative report shall be filed at least 72 hours prior to the hearing.

CRITICAL

Required documents must be filed before the hearing.

Documents required shall be filed prior to the hearing.

CRITICAL

If the motion fee is not paid within 30 days, the Clerk of Courts will administratively close the matter and treat the motion to reopen as denied.

(1) The Clerk of Courts shall notify the defendant that the matter may be reopened upon payment of the fee. (a) If the fee is not paid within thirty days, the Clerk of Courts will administratively close the matter and treat the motion to reopen as denied.

CRITICAL

Deadline

72 hours

Applies to

Required minor adoption hearing documents

All documents required for a minor adoption hearing must be filed 72 hours before the hearing.

All required documents necessary for the hearing must be filed 72 hours prior to the hearing.

CRITICAL

The movant has 5 days after the response brief is filed to file a reply or written waiver, after which the reply right is presumed waived and no further briefs will be accepted.

(2) The movant shall have 5 days from the filing of the non-moving party’s response brief within which a reply brief or waive in writing the right to do so. If the movant fails to file a reply brief or waiver of the same within the 5-day period, it shall be presumed that the movant has waived this right and the court shall accept no further briefs.

CRITICAL

For a request to stay an administrative suspension in an OWI-type matter, the Court waits five days before signing the order to allow an objection.

9.6.02 Requests for stay of an administrative license suspension arising from an OWI related matter. If a defendant files a request to stay an administrative suspension in an OWI-type matter, the Court will wait five days before signing the order to allow the District Attorney to object. If there is no objection within five days, the Court will sign the order.

CRITICAL

Proposed jury instructions and motions in limine must be filed no later than seven days before the final pretrial.

(a) Proposed jury instructions and motions in limine must be filed no later than 7 days before the final pretrial.

CRITICAL

Deadline

7 working days

An objection not received within seven working days, or another period set by the court, is deemed waived.

If no objection is received by the court within 7 working days, or such period as established by the court, any objection is deemed waived.

CRITICAL

Applies to

Supporting brief

A supporting brief for a motion other than summary judgment or dismissal must be served and filed at least 10 days before the scheduled hearing.

If a movant desires to file a brief in support of a motion, other than one for summary judgment or dismissal, the brief shall be served and filed at least 10 days prior to any scheduled hearing date.

CRITICAL

Deadline

2 working days

The required financial disclosure filing is due two working days before a hearing concerning a financial matter.

A Financial Disclosure Statement and verification of income for 3 months prior to the hearing date must be filed by both parties 2 working days in advance of any hearing concerning child support, maintenance, property division or any other financial matter, including but not limited to temporary order hearings, contempt hearings, final divorce hearings and hearings on motions to modify financial matters

CRITICAL

As a requirement of the IV-E funding grant, all attorneys are required to submit an interim bill in every case at the end of the calendar year, showing all services for that calendar year, by January 10th of the next year.

As a requirement of the IV-E funding grant, all attorneys are required to submit an interim bill in every case at the end of the calendar year, showing all services for that calendar year, by January 10th of the next year.

CRITICAL

Deadline

2 working days

Documents and exhibits for the Court's consideration must be filed at least 2 working days before the hearing.

All documents or exhibits to be considered by the Court must be filed at least 2 working days in advance of the hearing.

CRITICAL

Deadline

48 hours

A non-party participant must request a video appearance at least 48 hours before the scheduled hearing; approval is discretionary with the Court.

(3) Video appearances for non-party participants, such as public observers, must be requested at least 48 hours before the scheduled hearing, and may be approved in the discretion of the Court.

CRITICAL

Deadline

24 hours

The stipulation and consent decree must be electronically filed 24 hours before the hearing.

In the event a consent decree is agreed upon in either a chapter 48 or 938 case, the stipulation and consent decree shall be electronically filed 24 hours before the hearing.

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

The conservatorship inventory must be filed within 60 days after the conservator is appointed.

(1) The conservatorship inventory shall be filed within sixty (60) days of the appointment of a conservator.

CRITICAL

A Request for Permanency Hearing must be filed at least 45 days before the last date on which the hearing must be held.

Request for Permanency Hearing must be filed no later than 45 days prior to the last date the Permanency Hearing must be held to allow sufficient time for notice to be sent per Wis. Stat. §§ 48.38(5m)b and 938.38(5m)b.

CRITICAL

The required tax-clearance documents must be filed with the court 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

A party must object to the scheduling order within 10 days of mailing or it becomes final.

The scheduling order is final unless objected to within 10 days of mailing.

CRITICAL

The GAL must submit the final billing to the Court within 90 days after entry of judgment or order.

(2) This final billing shall be submitted to the Court within ninety days of the entry of judgment or order.

CRITICAL

A party present at the hearing may request a new hearing by filing a written request with the judge’s assistant within the applicable 20-day period and immediately sending a copy to the opposing party.

Any party who was present at the hearing has the right to have the assigned judge hold a new hearing by filing a written request with the judge’s assistant, with a copy sent immediately to the opposing party, within 20 days of the oral decision of the family court commissioner, or within 20 days of mailing or upon e-notice to a registered electronic notice party of the written decision if the order was not orally given at the time of the hearing.

CRITICAL

A person issued an OWI or BAC citation must appear at the initial Traffic Court appearance unless a Not Guilty plea letter is received before that date.

Individuals issued OWI or BAC citations must appear at the initial appearance for Traffic Court unless a Not Guilty plea letter has been received prior to the initial appearance date.

CRITICAL

Deadline

3 business days

Applies to

Criminal complaint

The prosecutor is expected to file the criminal complaint at least three full business days before the initial appearance.

The prosecutor is expected to file a criminal complaint in every case no less than 3 full business days before the scheduled initial appearance.

CRITICAL

The Divorce Annulment Worksheet must be filed no later than the final hearing.

A hard copy of the Divorce Annulment Worksheet shall be filed on or before the final hearing in all divorce or annulment actions.

CRITICAL

Deadline

2 business days

Applies to

Opposition

An opposition brief to a motion other than summary judgment or dismissal must be filed no later than 2 business days before the hearing, and an untimely brief may be disregarded.

If a movant desires to file a brief in support of a motion, other than one for summary judgment or dismissal, the brief shall be served and filed at least 10 days prior to any scheduled hearing date. Briefs in opposition to such motions must be filed no later than 2 business days prior to the hearing of the motion. Briefs filed in an untimely fashion may be disregarded by the court.

CRITICAL

Expert and citizen witnesses must be disclosed no later than 90 days before the final pretrial.

(b) Expert and citizen witnesses must be disclosed no later than 90 days before the final pretrial. If a party identifies an expert witness, the party must also provide a report or summary of the expert’s testimony.

CRITICAL

The moving party must submit the proposed order within 14 days of the hearing, unless the commissioner directs otherwise.

The moving party shall draft and submit a proposed order within 14 days of the hearing, under a 7-day hold and review, unless directed otherwise by the commissioner.

CRITICAL

A party seeking to call an out-of-county witness by telephone must file a written request at least five days before the hearing.

If a party wishes to call an out of county witness by telephone, that request must be made at least 5 days before the hearing by filing a written request.

CRITICAL

The guardianship inventory and appropriate filing fee must be filed within 60 days after the guardian of the estate is appointed.

(3) The guardianship inventory and appropriate filing fee shall be filed within 60 days of the appointment of a guardian of the estate.