Racine County Circuit Court, Wisconsin
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- A continuance request must be written, made for good cause, and submitted to the assigned judge for approval.
- The matter may be adjourned for a subsequent pre-trial hearing.
- During a divorce action, a party requesting an adjournment must contact the family court commissioner’s office to arrange a rescheduling conference call with counsel, guardians ad litem, social workers, and unrepresented parties.
- +9 more
Request must include
Communication
Phone
Letter via fax
Clerk
Page & Word Limits1 rule
3.The document does not exceed 6 pages in length excluding the coversheet.
- Page limit
- Up to 6 pages
Document Format Requirements19 rules
All claims for legal services shall be prepared in duplicate original on forms provided by the Clerk of Circuit Court office located on the eighth floor of the courthouse.
Attorneys shall use the state approved forms provided by the clerk of circuit court office for the filing of actions under Wisconsin Statute 813.25 (civil harassment).
All responsive pleadings shall be in writing.
All bail modification motions must be in written form, with the date of the hearing indicated.
All motions shall be in written form and scheduled through the case manager regardless of the judge assigned.
All other bail modification motions must be in written form, with the date of the hearing indicated.
- Bail modification motions
Formatting
- •The motion must be in written form and indicate the hearing date
All motions must be in written form and scheduled through the case manager regardless of the Judge assigned.
- Motion
Formatting
- •Motions must be in written form
Requests for substitution of judge must be in writing.
Formatting
- •Must be filed in writing
Court's wording
All requests for substitution of judge shall be governed by §48.29 and §938.29, Wis. Stats., and shall be filed in writing prior to the end of the plea hearing as required by §48.30 and §938.30, Wis. Stats.
All motions shall be made in writing and filed with the Juvenile court and served upon opposing counsel and upon any unrepresented party at least five days prior to the scheduled motion hearing.
An adjournment request must be submitted in writing.
Court's wording
Any party requesting an adjournment of a scheduled hearing must submit a request in writing, stating the reason for the adjournment and giving the position of the other parties with respect to the adjournment.
Participants shall appear by video, not telephonically if the technology is available.
Participant’s background display shall be neutral avoiding clutter and distraction and in-court appropriate.
Participants shall display their surname electronically.
A writ of restitution must be prepared in duplicate with the original filed with the court.
Wills for safekeeping must be in a sealed envelope with the filing fee.
The assigned judge will sign a duplicate copy of the final document in an estate proceeding. The duplicate must accompany the original.
Sufficient lighting should be used so that speaker is readily observable.
The camera should be at eye level and participant’s head and shoulders should be visible at all times.
(b) Court reporters may require transcript requests to be in writing. However, court reporters are encouraged to accommodate requests for transcripts in circumstances that do not allow for the submission of a written request.
Document Filing Requirements95 rules
Substitutions of judge upon rotation must be filed pursuant to the cited statutes.
Court's wording
5. This rule shall be notice of rotation and case assignment; and substitutions of judge upon rotation shall be filed pursuant to §981.58 Stats. or §971.20 Stats. or §938.29 Stats.; and, computing time pursuant to §801.15(1)(b), 985.09, and 990.001(4).
Before consolidating a case from another division, file a consolidation order approved in writing by both the transferring judge and the receiving judge.
Court's wording
1. Before a case may be consolidated with another from another division of the court, an order directing such consolidation shall be filed which has been approved in writing by both the judge from whose court the case is being transferred and the judge to whom the case will be assigned.
All claims for services in family court shall be accompanied by a separate money judgment against the parties.
A petitioner seeking a fee waiver based on indigency must attach a completed financial disclosure form, signed and sworn to, stating all income, assets, debts, and expenses.
Court's wording
2. If the petitioner is requesting an order for waiver of fees/costs based upon an affidavit of indigency (due to poverty), he or she shall affix a completed financial disclosure form to the request for waiver of filing fee. The financial disclosure shall be signed and sworn to by the requesting party and shall state all income, assets, debts and expenses of the party.
Attorneys as well as pro se litigants shall use all state mandated forms, which include:
The use of State forms (available from the clerk of court on the eighth floor) is required:
Each parent is responsible for filing out the form on his/her own behalf and seeing that the original is filed with court and that all attorneys and the other parent receive a copy.
Attorneys shall use the forms provided by the clerk of courts’ office in filing actions under Wisconsin Statute 813.12 (domestic abuse).
All prejudgment orders shall be signed by the family court commissioner, unless directed otherwise by the judge assigned to that case.
Each party must file a preliminary financial disclosure statement at the first hearing, listing assets, liabilities, income, and budget, with recent tax returns and paycheck stubs attached.
Court's wording
At the time of the first hearing each party shall file a preliminary financial disclosure statement listing all of their joint or individual assets and liabilities, and the individual’s income and budget. A copy of the parties’ most recent tax returns together with copies of his or her most recent paycheck stubs shall be attached to the disclosure statement.
When appropriate, the Child Support Interim Financial Summary form must be completed by the petitioning attorney or party and delivered to the clerk.
Court's wording
At the conclusion of a hearing in which a support order is established or modified, the Child Support Interim Financial Summary form will be provided if appropriate. The petitioning attorney or party shall be required to complete the form and deliver it to the clerk within 24 hours.
If a guardian ad litem has been appointed, final stipulations, findings of fact and conclusions of law, and judgments must be approved by the guardian ad litem.
Final stipulations, findings of fact and conclusions of law, judgments, dismissals and all orders for support must be approved by the family court commissioner.
(c) A final stipulation, signed by both parties, is submitted to the family court commissioner thirty days prior to the date of the hearing and said stipulation is approved by the family court commissioner;
Completed findings of fact, conclusions of law, and judgment must be submitted to and approved by the family court commissioner.
Court's wording
(e) A completed findings of fact, conclusions of law and judgment is submitted to the family court commissioner thirty days prior to the date of the hearing and said document is approved by the family court commissioner; and
The party shall file with the Court written proof of compliance of the written notification on or before the hearing date.
- Document
- Written proof of notification
Must include
- •Written proof of compliance of the written notification
(d) A completed vital statistics form is submitted to the family court commissioner thirty days prior to the date of the hearing;
(c) A final stipulation, signed by both parties, is filed with the family court commissioner either before or at the time of the hearing;
1. Before a date for a default hearing is obtained, a final stipulation must be filed which covers all issues and is signed by both parties.
The findings of fact, conclusions of law and judgment shall include: (a) Each party’s last known address; (b) Each party’s place of employment; (c) Each party’s gross and net monthly income; (d) Each party’s drivers license number, if child support, family support or maintenance is ordered; and (e) The legal description of any real estate affected by the judgment.
All requests for an ex parte order shall contain a return date before the judge or family court commissioner within ten (10) days of filing and shall contain language which (a) extends the ex parte order only until the date and time of the hearing and (b) specifically permits modification or revision of said order by the family court commissioner.
If service is not obtained by the date of the hearing, a new ex parte order must be obtained from the circuit court to which the case is assigned.
If the divorce was upon oral stipulation, a transcript of the agreement shall be attached to the judgment unless otherwise ordered by the court.
If the divorce was upon written stipulation, the stipulation must be attached to the findings of fact.
If judgment was granted as a result of a trial, a transcript of the judge’s decision shall be attached to the judgment unless otherwise ordered by the court.
All requests for ex parte orders, whether prejudgment or post judgment, shall be submitted to the circuit court judge assigned to the case. If the assigned judge is not available, the request may then be submitted to the other judged assigned to hear family court matters.
The Judgment, containing driver’s license numbers and vital statistics for all parties, must be filed by the petitioner’s attorney within 30 days of the hearing.
Within 30 days of a decision/verdict, statutory pleadings shall be submitted to perfect the judgment.
Motions after verdict must be filed and served within 20 days of the verdict and accompanied by memorandum with copy to opposing party.
A clerk will not sign a judgment unless: (a) Findings of fact and conclusions of law or an order for judgment has been prepared for the judge's signature;
The birth certificate as it is now must be presented to the court.
The vital statistics form for reporting change of name must be prepared prior to the date of the hearing.
The order to garnishee shall indicate payment directly from the garnishee defendant to the plaintiff/attorney.
The stipulation and order for dismissal shall be filed within 30 days of the notice of settlement, or the action will be set for dismissal and notice given.
A party appearing telephonically must confirm in writing before the hearing and enclose a self-addressed stamped envelope; without the envelope, the party waives receipt of the Scheduling Order and remains bound by it.
Court's wording
b) Confirm in writing to the court BEFORE the hearing. c) Enclose a self addressed stamped envelope so a copy of the Scheduling Order can be mailed to the party. If no return envelope is provided, that party is deemed to waive receipt of a copy of the Scheduling Order and shall be bound by the Order.
Motion dates shall have the date of hearing inserted.
To initiate a small claims action, the summons shall be filed along with the fee with the clerk of circuit court office.
The affidavit of service shall be filed no less than 48 hours in advance of the first hearing.
Orders to pay must direct the garnishee defendant to pay the money directly to the plaintiff/attorney.
A written notice to vacate premises must be filed with the small claims division prior to the return date.
A replevin judgment must be docketed before the clerk will issue an execution to the sheriff.
Petition for Extension of Time and Order Extending Time must be filed if estate deadlines are not met.
A minor guardianship petitioner must file, with the petition, a prescribed-form statement listing each person living in the petitioner’s residence and that person’s birth date.
Court's wording
The probate guardianship administrator shall require that any Petitioner for a minor guardianship of the person file with the court at the time of filing the petition, a statement containing the name and birth date of each individual living in the residence of the Petitioner. The statement shall be on a form provided by the probate guardianship administrator.
A Petition for a Temporary Guardian for Incompetent shall be accompanied by a summary statement from a M.D. or PhD or PsyD stating that there is a reasonable likelihood the individual is incapacitated, or testimony from a person with personal knowledge accompanied with a hospital admission report or a history and physical report establishing a reasonable likelihood the individual is incapacitated is also permissible.
Separate Letters are required for a GOP and a GOE.
The proposed order must be submitted with the written statement requesting removal of rights from the individual or the transfer of powers to the guardian.
- Document
- Written statement requesting removal of rights or transfer of powers
Must include
- •Proposed order
The GAL report and recommendation must cover the rights revoked and powers transferred.
A report from the GAL is required.
A copy of the Petition and Order for Hearing shall be filed with the family court commissioner’s office along with a copy of the “face sheet” available in the probate office.
If a successor guardian is appointed without a hearing, the successor guardian must file within 10 days of the signing of the Order an Affidavit of Mailing stating that all statutorily interested persons have received the Notice and Order.
Filing & Service rules
Electronic Filing Rules
Electronic filing is mandatory beginning December 1, 2016, for case types indicated by the Wisconsin Supreme Court or Director of State Courts Office under the cited authorities.
(b) Mandatory electronic filing shall be effective December 1, 2016, on all case types indicated by Wisconsin Supreme Court/ Director of State Court’s Office pursuant to Wis. Stat. 801.18 and Supreme Court Rule 70.42.
Page 10 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
Parties not required to e-file pleadings must submit the original and two copies of the findings, conclusions, and judgment for transmittal to the parties.
Parties not required to efile pleadings shall comply with Section 767.36 Wis. Stats by submitting the original and two copies of the findings of fact, conclusions of law and judgment for transmittal of the copies to the parties.
Page 23 | II. Family Court
In cases filed electronically, the party responsible for the findings, conclusions, and judgment must e-file one copy with the family court clerk within the required time.
In any case which is efiled voluntarily or mandatorily, the party responsible for filing the findings of fact, conclusions of law and judgment shall efile within the required time one copy of the findings of face, conclusions of law and judgment o the clerk of family court.
Page 23 | II. Family Court
Facsimile documents sent through a non-court intermediary are accepted for filing only when the conditions in subsection (b) are met.
(b) Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if:
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
(a) Facsimile documents transmitted directly to the courts shall be accepted for filing only if:
(a) Facsimile documents transmitted directly to the courts shall be accepted for filing only if:
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
The treatment facility director must file the minor's inpatient-admission petition with the probate court office; filing by fax is permitted.
The treatment facility director files the petition for inpatient admission of a minor with the probate court office. Filing may be by fax.
Page 38 | Q. JUVENILE MENTAL ADMISSIONS §51.13, (2005 Wis. Acts 444)
Electronic filing is available to all parties in case types enabled by the Wisconsin Supreme Court or Director of State Courts Office.
(a) Pursuant to Wis. Stat. 801.18, electronic filing shall be available to all parties on all cases types enabled by the Wisconsin Supreme Court/ Director of State’ Court’s Office.
Page 10 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
Not guilty pleas may be submitted by mail.
Not guilty pleas by mail will be accepted.
Page 48 | VIII. Traffic and Forfeiture
Filing Timing and Cure Windows
The party transmitting a facsimile document is solely responsible for ensuring it is received timely and completely.
(c) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
After regular business hours, a fax filing recorded by the court machine by 11:59 p.m. Central Time is considered filed that day; a fax completed after 11:59 p.m. is considered filed the next business day.
(g) Documents filed with the circuit court by facsimile transmission completed after regular business hours of the clerk of circuit court’s office are considered filed on a particular day if the submission is made by 11:59 pm central time, as recorded by the court facsimile machine. Documents submitted by facsimile transmission completed after 11:59 pm are considered filed the next business day.
Page 10 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
A party present at the commissioner’s hearing may obtain a new hearing by filing a motion within 15 days of the oral decision or, when the order was not given orally, within 15 days of mailing of the written decision.
(a) Pursuant to §757.69(8) Wis. Stats., any party who was present at a hearing held by the Family Court Commissioner has the right to have the assigned Circuit Court Judge hold a new hearing upon the filing of a motion within 15 days of the oral decision of the Family Court Commissioner, or within 15 days of mailing of a written decision by the Family Court Commissioner if the order was not orally given by the
Page 19 | G. Orders and Judgment — De Novo Review
The petitioning attorney or party must deliver the completed form to the clerk within 24 hours.
The petitioning attorney or party shall be required to complete the form and deliver it to the clerk within 24 hours.
Page 19 | G. Orders and Judgment
Written proof of notification must be filed on or before the hearing date.
The party shall file with the Court written proof of compliance of the written notification on or before the hearing date.
Page 21
The completed findings, conclusions, and judgment must be submitted 30 days before the hearing.
(e) A completed findings of fact, conclusions of law and judgment is submitted to the family court commissioner thirty days prior to the date of the hearing and said document is approved by the family court commissioner; and
Page 21 | H. SCHEDULING CONFERENCES/STIPULATED HEARING BEFORE COURT COMMISSIONER
(c) A final stipulation, signed by both parties, is submitted to the family court commissioner thirty days prior to the date of the hearing and said stipulation is approved by the family court commissioner;
(c) A final stipulation, signed by both parties, is submitted to the family court commissioner thirty days prior to the date of the hearing and said stipulation is approved by the family court commissioner;
Page 21 | H. SCHEDULING CONFERENCES/STIPULATED HEARING BEFORE COURT COMMISSIONER
The completed vital statistics form must be submitted 30 days before the hearing.
(d) A completed vital statistics form is submitted to the family court commissioner thirty days prior to the date of the hearing;
Page 21 | H. SCHEDULING CONFERENCES/STIPULATED HEARING BEFORE COURT COMMISSIONER
The petitioner must file the findings of fact, conclusions of law, and judgment within 30 days of the divorce hearing.
The findings of fact, conclusions of law and judgment must be filed by the petitioner within thirty (30) days of the hearing granting the divorce.
Page 23 | II. Family Court
A first appearance must be scheduled within 90 days of filing.
Cases shall be scheduled for a first appearance within ninety (90) days of filing.
Page 25 | N. PATERNITY
This will accommodate the provision of Wis. Stats. Sec. 767.86 that a first appearance may not be held any sooner than thirty (30) days after summons and petition.
This will accommodate the provision of Wis. Stats. Sec. 767.86 that a first appearance may not be held any sooner than thirty (30) days after summons and petition.
Page 25 | N. PATERNITY
A pretrial hearing in anticipation of a jury trial must be scheduled within six weeks of the request for trial.
Pretrial hearings in anticipation of a jury trial shall be scheduled within six (6) weeks of the request for trial.
Page 26 | N. PATERNITY
A trial date must be scheduled within two months of the request for trial.
Trial dates shall be scheduled within two (2) months of the request for trial.
Page 26 | N. PATERNITY
An admission hearing for a joint petition must be scheduled within three weeks of filing.
Joint petitions shall be scheduled for an admission hearing within three (3) weeks of filing the petition.
Page 26 | N. PATERNITY
A case adjourned so the respondent can obtain an attorney must be scheduled within 60 days of the request for counsel.
Cases adjourned for the purpose of respondent obtaining an attorney shall be scheduled within sixty (60) days of the request for counsel.
Page 26 | N. PATERNITY
A pretrial hearing to review genetic test results must be scheduled 60 to 90 days after the genetic test.
Pretrial hearings for the purpose of reviewing genetic test results shall be scheduled between sixty (60) to ninety (90) days of the genetic test date.
Page 26 | N. PATERNITY
The petitioner’s attorney must file the Judgment, containing all parties’ driver’s license numbers and vital statistics, within 30 days of the hearing.
The Judgment, containing driver’s license numbers and vital statistics for all parties, must be filed by the petitioner’s attorney within 30 days of the hearing.
Page 27 | P. Actions Pursuant to Voluntary Paternity Acknowledgment
Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than two business days prior to the hearing of the motion.
Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than two business days prior to the hearing of the motion.
Page 29
Statutory pleadings must be submitted within 30 days of a decision or verdict to perfect the judgment.
Within 30 days of a decision/verdict, statutory pleadings shall be submitted to perfect the judgment.
Page 29 | H. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Five days are allowed for a written objection to proposed pleadings.
Five days is allowed for a written objection to the proposed pleadings.
Page 29 | H. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
A supporting brief for a motion other than summary judgment or dismissal must be served and filed with the assigned judge’s clerk with the notice of motion or at least ten days before the 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 with the assigned judge's clerk with the notice of motion or at least ten days prior to any scheduled hearing date.
Page 29
If no post-verdict motions are filed and served, judgment on the verdict is to be entered 20 days after the verdict.
If motions are not filed and served, judgment on the verdict shall be entered 20 days after the verdict.
Page 29 | G. MOTIONS AFTER VERDICT
Post-verdict motions must be filed and served within 20 days of the verdict.
Motions after verdict must be filed and served within 20 days of the verdict and accompanied by memorandum with copy to opposing party.
Page 29 | G. MOTIONS AFTER VERDICT
The vital statistics form must be prepared before the hearing date.
The vital statistics form for reporting change of name must be prepared prior to the date of the hearing.
Page 30 | L. CHANGE OF NAME
The stipulation and order for dismissal must be filed within 30 days of the settlement notice or the action will be set for dismissal with notice.
The stipulation and order for dismissal shall be filed within 30 days of the notice of settlement, or the action will be set for dismissal and notice given.
Page 30 | J. STIPULATIONS AND ORDERS FOR DISMISSAL
The affidavit of service must be filed at least 48 hours before the first hearing.
The affidavit of service shall be filed no less than 48 hours in advance of the first hearing.
Page 32 | IV. Small Claims — A. FILING
A contempt petition must be filed within one year after judgment.
That contempt petition must be filed within one year from the date of judgment.
Page 33 | IV. Small Claims, I. Contempt
A case will be dismissed if no action is taken for six months after service.
If service has been made and there has been no action for six months after service, the case will be dismissed.
Page 33 | IV. Small Claims, F. Dismissals
The written notice to vacate must be filed before the return date.
A written notice to vacate premises must be filed with the small claims division prior to the return date.
Page 33 | IV. Small Claims, G. Eviction Actions
Estates are required to be closed within one year of the date of death.
Benchmarks require estates to be closed within one year of dated of death.
Page 34 | V. Probate, B. Estates
The required residence statement must be filed at the same time as the minor guardianship petition.
The probate guardianship administrator shall require that any Petitioner for a minor guardianship of the person file with the court at the time of filing the petition, a statement containing the name and birth date of each individual living in the residence of the Petitioner.
Page 35 | C.2(d)
All statutorily required supporting paperwork for a foreign guardianship petition must be submitted within 90 days of filing, or the petition will be summarily dismissed without prejudice.
If all the statutorily-required paperwork supporting a Petition for Receipt and Acceptance of a Foreign Guardianship is not submitted within 90 days of the filing of the Petition, the Petition shall be summarily dismissed without prejudice.
Page 36 | G. Foreign Guardianships
The Affidavit of Mailing is due within 10 days after the Order is signed when a successor guardian is appointed without a hearing.
If a successor guardian is appointed without a hearing, the successor guardian must file within 10 days of the signing of the Order an Affidavit of Mailing stating that all statutorily interested persons have received the Notice and Order.
Page 36 | F.4. Successor Guardianships
Minor court settlement petitions must be filed at least 10 days before the hearing.
All minor court settlement petitions shall be filed at least 10 days prior to the hearing
Page 37 | K. MINOR COURT SETTLEMENTS
The bank statement verifying the deposit must be furnished within 30 days of the order.
Within 30 days of the Order, the Petitioner is to furnish to the probate court office a bank statement that verifies the money was deposited.
Page 37 | K. MINOR COURT SETTLEMENTS
The probate court judge must review the petition within 5 days after filing.
The probate court judge reviews the petition within 5 days of filing.
Page 38 | Q. JUVENILE MENTAL ADMISSIONS §51.13, (2005 Wis. Acts 444)
HSD must file the Petition for Annual Review and its report together with the court at least 30 days before the hearing.
HSD will file the Petition for Annual Review and report simultaneously with the court at least 30 days in advance of the hearing.
Page 38 | O. ANNUAL REVIEW OF PROTECTIVE PLACEMENT (WATTS REVIEW) §55.18 AND ANNUAL REVIEW OF INVOLUNTARY MEDICATION ORDER UNDER §55.19
A bail modification motion must be filed with the court 24 hours before the scheduled hearing.
The motion to modify must be served on the district attorney and any other interested party and filed with the court 24 hours prior to the scheduled hearing.
Page 41 | VI. Felony, B. PREAPPEARANCE BAIL
If the charges remaining after bind over differ from those in the complaint, the district attorney has 10 days to file an Information containing the remaining charges.
If the charges remaining after bind over are different than those in the complaint, the District Attorney shall have 10 days to file an Information containing these charges.
Page 42 | VI. Felony, D. PRELIMINARY HEARINGS
Service and Proof of Service Rules
If a party or a child is receiving, has received, or has applied for public assistance, the moving party must serve all pleadings on Racine County Child Support Enforcement within 20 days of serving the other party.
1. Racine County Child Support Enforcement: When any party or one or more of his or her children is presently receiving, has received, or has applied for public assistance (i.e. Wisconsin Works, AFDC, Medical Assistance or Foster Care) the moving party shall, within twenty (20) days of service on the other party, serve a copy of all pleadings on Racine County Child Support Enforcement located at 818 6th Street, Ste. 2 Racine, WI. See Sec.767.217 Wis. Stats.
Page 18 | II. Family Court — C. SERVICE
After receiving notice that a guardian ad litem has been appointed, the moving party must serve the guardian ad litem with all current pleadings and relevant prior orders.
2. When a guardian ad litem has been appointed, the moving party shall serve a copy of all current pleadings, together with all relevant prior orders, on the guardian ad litem, after receiving notice of the appointment.
Page 18 | II. Family Court — C. SERVICE
Each parent must ensure all attorneys and the other parent receive a copy of the completed parenting plan.
Each parent is responsible for filing out the form on his/her own behalf and seeing that the original is filed with court and that all attorneys and the other parent receive a copy.
Page 18 | Family Court
The party requesting de novo review must notify interested parties in writing of the hearing date and time.
The party requesting the de novo review shall notify in writing all interested parties including the attorneys of record, guardian ad litem, family court worker of the date and time for the hearing.
Page 21
The requesting party must notify the interested parties listed in writing of the hearing date and time.
(c) The party requesting the de novo review must notify in writing all interested parties including the guardian ad litem, the family court commissioner, and the family court social worker of the time and date for the hearing
Page 21
The person responsible for filing must send copies to all other necessary parties by fax, scan, or hard copy by mail.
The same person or party shall send copies to all other necessary parties by fax, scan, or hard copy/mail.
Page 23 | II. Family Court
Although a copy of the order must be served upon the family court commissioner, it is the responsibility of the person or attorney who has obtained the ex parte order to notify the family court commissioner of the issuance of the ex parte order so that office will appoint the guardian ad litem.
Although a copy of the order must be served upon the family court commissioner, it is the responsibility of the person or attorney who has obtained the ex parte order to notify the family court commissioner of the issuance of the ex parte order so that office will appoint the guardian ad litem.
Page 24 | II. Family Court
If an adjournment is granted during a divorce action, the requesting party must notify interested parties in writing of the new hearing date and time.
If granted, the party requesting the adjournment must notify in writing all interested parties including the guardian ad litem, the family court commissioner, and the family court social worker of the new time and date for the hearing.
Page 26 | O. ADJOURNMENTS
The movant must immediately serve the opposing side with the brief and supporting documents and notice of the hearing date.
Movant shall immediately serve a copy of his/her brief and supporting documents upon the opposing side with notice of the hearing date.
Page 28 | III. Civil, C. Motions
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.
Briefs in opposition to such motions must be either personally served upon opposing counsel no later than two business days prior to the hearing or if service is made by mail, no later than three business days prior to the hearing.
Page 29
Post-verdict motions must be served within 20 days of the verdict, with a memorandum copy provided to the opposing party.
Motions after verdict must be filed and served within 20 days of the verdict and accompanied by memorandum with copy to opposing party.
Page 29 | G. MOTIONS AFTER VERDICT
If service was not personal, notice of an application for default judgment must be mailed to the defendant at least ten days before the default judgment date.
If service is not personally made, notice of application for default judgment must be mailed to the defendant no less than ten days prior to default judgment date.
Page 30 | I. DEFAULT MATTERS
For money and replevin actions, the summons must be served at least 14 days before the return date, and personal service must be obtained within 60 days.
For money and replevin actions the summons must be served at least 14 days before the return date and not more than 60 days to obtain personal service.
Page 32 | IV. Small Claims — B. SERVICE OF SUMMONS
If personal service cannot be obtained within 60 days, the case can be adjourned for publication and that publication service must be within 90 days of filing.
If personal service cannot be obtained within 60 days, the case can be adjourned for publication and that publication service must be within 90 days of filing.
Page 32 | IV. Small Claims — B. SERVICE OF SUMMONS
Small claims summons may be served by personal service, substitute service, or publication.
Service shall be by personal service, substitute service or by publication.
Page 32 | IV. Small Claims — B. SERVICE OF SUMMONS
For eviction actions, the summons must be served at least 5 days before the hearing and no more than 60 days from the return date.
For eviction actions the summons must be served at least 5 days before the hearing and not more than 60 days from the return date.
Page 32 | IV. Small Claims — B. SERVICE OF SUMMONS
Service must be made within 60 days after filing or the action will be dismissed.
If service is not made within 60 days of filing, the action will be dismissed.
Page 33 | IV. Small Claims, F. Dismissals
The probate court clerk must send all notices.
The clerk of probate court will send all notices.
Page 38 | Q. JUVENILE MENTAL ADMISSIONS §51.13, (2005 Wis. Acts 444)
The probate guardianship administrator must calendar annual reviews, schedule hearings, and notify the listed individuals and entities.
The probate guardianship administrator will diary the annual reviews and schedule hearings and notify Human Services Dept., GAL, Guardian and agent under a HCPOA, corporation counsel, VA, and individual
Page 38 | O. ANNUAL REVIEW OF PROTECTIVE PLACEMENT (WATTS REVIEW) §55.18 AND ANNUAL REVIEW OF INVOLUNTARY MEDICATION ORDER UNDER §55.19
HSD must provide the filed report to the individual or facility, guardian, GAL, and agent under a HCPOA.
HSD will provide a copy of the report filed to the individual (facility), the guardian, the GAL, and the agent under a HCPOA.
Page 38 | O. ANNUAL REVIEW OF PROTECTIVE PLACEMENT (WATTS REVIEW) §55.18 AND ANNUAL REVIEW OF INVOLUNTARY MEDICATION ORDER UNDER §55.19
A bail modification motion must be served on the district attorney and any other interested party at least 24 hours before the hearing.
The motion to modify must be served on the district attorney and any other interested party and filed with the court 24 hours prior to the scheduled hearing.
Page 41 | VI. Felony, B. PREAPPEARANCE BAIL
The party filing a letter, pleading, order, or other case communication in court must file it with both sides.
Letters, pleadings, Orders and other communications regarding any case shall be filed with both sides by the party filing the communication in Court.
Page 44 | VII. Misdemeanor — A. Filing
An order submitted for the court's signature must first be presented to opposing counsel or the opposing party.
All Orders for signing by the Court shall first be presented to opposing counsel or party before being presented to the Court.
Page 45 | VII. Misdemeanor — F. Motions
Copies of all motion pleadings must be served on the opposing party or their attorney.
Copies of all motion pleadings shall be served on the opposing party or attorney.
Page 45 | VII. Misdemeanor — F. Motions
All parties must receive written notice when a sentencing date is set after a presentence report is allowed and ordered.
Written notice will be given to all parties.
Page 46 | VII. Misdemeanor — I. Sentencing
A petition alleging a delinquent act by a child under 10 must also be served on the state public defender in Racine County.
Any person or agency bringing a petition against a child under 10 years of age alleging a delinquent act as defined in Chapter 938, Wis. Stats. shall, in addition to service of the petition upon the juvenile, the parent of the juvenile, the guardian of the juvenile or any person having legal custody or control of the juvenile, also serve a copy of the petition upon the state public defender in Racine County for review and providing counsel as may be appropriate for the juvenile.
Page 54 | L. APPOINTMENT OF COUNSEL FOR CHILDREN UNDER 10 YEARS OF AGE
If an adjournment is granted, the requesting party must notify all other parties of the new date.
If the adjournment is granted, it is the responsibility of the requesting party to notify all other parties of the new date.
Page 54 | K. ADJOURNMENTS
Motions must be served on opposing counsel and any unrepresented party at least five days before the scheduled motion hearing.
All motions shall be made in writing and filed with the Juvenile court and served upon opposing counsel and upon any unrepresented party at least five days prior to the scheduled motion hearing.
Page 54 | M. MOTIONS
Copies of the report for all counsel must be available at the juvenile court at least 48 hours before the hearing.
Copies of the report for all counsel in the matter shall also be available at the juvenile court at least 48 hours prior to the hearing.
Page 55 | O. Miscellaneous
Before the intake inquiry is completed, the Racine County Human Services Department must notify victims how to obtain the juvenile's and parents' identities, obtain police reports, and learn about the parents' potential liability.
(c) Notice of the procedure to obtain identity of the juvenile and the juvenile's parents, the procedure to obtain police reports, and the potential liability of the juvenile's parents, given prior to completion of the intake inquiry. (§938.346(1) (a), (b), & (c), Wis. Stats.)
Page 55 | P.1. Notices by the Racine County Human Services Department
Copies of the Request for Walk-In Hearing form must be distributed to all other parties.
A written "Request for Walk-In Hearing" form must be completed, with the original to be filed with the court and copies to be distributed to all other parties.
Page 55 | Juvenile
The Racine County Human Services Department must offer victims an opportunity to confer before entering into a deferred prosecution agreement.
(a) Offer an opportunity to confer before entering into a deferred prosecution agreement. (§938.24(5) & 938.245(1m), Wis. Stats.)
Page 55 | P.1. Notices by the Racine County Human Services Department
The Racine County Human Services Department must notify victims that a case is being closed when the decision is made.
(b) Notice that a case is being closed, given at the time that the decision to do so is made. (§938.24(5) & 938.24(5m), Wis. Stats.)
Page 55 | P.1. Notices by the Racine County Human Services Department
Victim notices must be written and delivered personally or by regular mail, except hearing time-and-place notice may be verbal when written notice cannot reasonably be given.
All notices shall be given in writing, delivered personally or by regular mail, except that notice of the time and place of any hearing may be given verbally if written notice cannot reasonably be given under the circumstances.
Page 55 | P. Notice to Victims of Juveniles' Acts
The District Attorney must notify victims that a petition was dismissed or did not result in a consent decree or dispositional order as soon as reasonably possible after the event.
(d) Notice that a petition has been dismissed or did not result in a consent decree of dispositional order, given as soon as reasonably possible after such event has occurred. (§938.12, Wis. Stats.)
Page 56 | P.2. Notices by the District Attorney
When issuing a petition for determination of status, the District Attorney must notify victims of the listed procedures and rights.
(b) Upon issuing a petition for determination of status, notice shall be given of the procedure for requesting HIV or STD testing of a juvenile; the right to request and receive notice of hearings; the right to a separate waiting area; the right to have his or her interest considered concerning continuances; the right to have victim impact information included in a court report and to have the person preparing the court report attempt to contact the victim; the right to employer intercession services; the right to make a statement to the court; the right to information regarding any consent decree or dispositional order; the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and if the district attorney decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition. (§938.346(1m), Wis. Stats.)
Page 56 | P.2. Notices by the District Attorney
The District Attorney must notify victims of their right to make a statement after a delinquency or JIPS finding, or before a plea and dispositional hearing where such a finding is anticipated.
(f) Notice of the right to make a statement to the court given after a finding of delinquency or JIPS under Sec. 938.13(12), Wis. Stats. Or prior to a plea and dispositional hearing at which it is anticipated that such a finding will be made. (§938.335(3m) (b), Wis. Stats)
Page 56 | P.2. Notices by the District Attorney
The District Attorney must notify victims who requested hearing notices as soon as reasonably possible after a hearing is scheduled.
(c) Notice of any hearings involving the juvenile to victims who have requested such notice, given as soon as reasonably possible after the hearing has been scheduled. (§938.27(4m), Wis. Stats.)
Page 56 | P.2. Notices by the District Attorney
Before entering into a consent decree, the District Attorney must notify victims of their right to make a statement to the court.
(e) Notice of the right to make a statement to the court, given before entering into a consent decree. (§938.32(1) (b) 2, Wis. Stats)
Page 56 | P.2. Notices by the District Attorney
Filing Fees and Waivers
The filing fee must be paid before filing post-judgment divorce or paternity actions and private paternity actions.
2. Post-judgment actions in divorce or paternity, together with private paternity actions are filed with the family court division, after the filing fee is paid.
Page 18 | II. Family Court — B. FILING
All filing fees must be paid to the clerk of court.
1. All filing fees are paid to the clerk of court’s.
Page 18 | II. Family Court — A. FEES
The docketing fee must be included with the papers to enter judgment.
(b) The docketing fee has been included with the papers in order to enter the judgment.
Page 30 | H. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
A filing fee is required when filing a summons to initiate a small claims action.
To initiate a small claims action, the summons shall be filed along with the fee with the clerk of circuit court office.
Page 32 | IV. Small Claims — A. FILING
The filing fee must be paid when an inventory or a summary petition is filed.
The filing fee must be paid when the inventory is filed, or when summary petitions are filed.
Page 34 | V. Probate, B. Estates
If a surety is accepted, a lien is recorded and remains until the case is completed, and the recording fee is collected immediately.
If the surety is accepted, a lien will be recorded in the register of deeds office and will not be released until the case has been completed. The recording fee is immediately collected.
Page 41 | VI. Felony, B. PREAPPEARANCE BAIL
The recording fee must be collected immediately.
The recording fee is immediately collected.
Page 48 | VIII. Traffic and Forfeiture
An occupational license request requires payment of a filing fee.
8. Payment of filing fee.
Page 50 | VIII. Traffic and Forfeiture
Direct facsimile filings are accepted only when no filing fee is required.
4.No filing fee is required.
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
Facsimile documents sent through a non-court intermediary are accepted only if the circuit court need not pay an additional fee or charge to accept or receive them.
2.No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
1.No filing fee is required.
1.No filing fee is required.
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
A directly transmitted facsimile document is accepted only if the circuit court need not pay an additional fee or charge to accept or receive it.
5.No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
Page 9 | O. TRANSMISSION OF DOCUMENTS TO THE COURT
Court reporters may require transcript fees to be prepaid before filing or delivery, except for transcripts requested by Wisconsin or a political subdivision.
(a) Court reporters may require prepayment of transcript fees before a transcript is filed and/or delivered. This section does not apply to transcripts requested by the State of Wisconsin or a political subdivision thereof.
Page 17 | BB. COURT REPORTER TRANSCRIPT REQUESTS (TCA 16)
Fee-waiver determinations for joint petitions consider both parties’ income, assets, debts, and expenses.
3. Income, assets, debts and expenses of both parties will be considered in fee waivers for joint petitions.
Page 18 | II. Family Court — A. FEES
The filing fee must accompany a will submitted for safekeeping.
Wills for safekeeping must be in a sealed envelope with the filing fee.
Page 34 | V. Probate, B. Estates
A petition and order must be filed to obtain a filing-fee refund.
A petition and order must be filed in order to secure a refund of a filing fee.
Page 34 | V. Probate, B. Estates
No filing fee is charged for domestic abuse restraining orders.
There is no filing fee for domestic abuse restraining orders.
Page 18 | E. Domestic Abuse Restraining Orders
A responsive pleading that adds no new issues has no filing fee.
4. There is no filing fee for a responsive pleading which does not add any new issues.
Page 18 | II. Family Court — A. FEES
A petitioner may request a waiver of fees or costs based on an affidavit of indigency.
2. If the petitioner is requesting an order for waiver of fees/costs based upon an affidavit of indigency (due to poverty), he or she shall affix a completed financial disclosure form to the request for waiver of filing fee. The financial disclosure shall be signed and sworn to by the requesting party and shall state all income, assets, debts and expenses of the party.
Page 18 | II. Family Court — A. FEES
Courtesy Copy Requirements
A reserve judge may require the filer to provide copies of filed papers.
The reserve judge may require that copies be provided to him or her by the person filing.
Page 12 | R. RESERVE JUDGES (TCA 10)
Filing Bundling Requirements
Summary-judgment and dismissal motions must be filed with the assigned judge’s clerk together with any brief or supporting documents, or with a statement waiving the right to file them.
A motion for summary judgment under Wisconsin Statute 802.08 and a motion for dismissal under Wisconsin Statute 802.06 shall be filed with the assigned judge's clerk together with any brief or other supporting documents. If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed.
Page 28 | III. Civil, C. Motions
The petition, consent, and order appointing a guardian ad litem must be filed at the same time as the action.
The petition, consent and order appointing guardian ad litem must be filed simultaneously with the action.
Page 28 | III. Civil, A. Filing
Pre-Motion Conference Requirements
Before filing a motion, the movant must obtain a hearing date from the clerk that is at least 30 days from the filing of the motion papers or waiver.
Prior to filing, movant shall obtain from the clerk a hearing date not less than 30 days from filing the motion, brief, other supporting documents or waivers.
Page 28 | III. Civil, C. Motions
The respondent has 20 days after the movant’s brief to file a responsive brief or written waiver, and the movant has 5 days after the response brief to file a reply or written waiver; missing either period waives further briefing.
The respondent 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 respondent fails to file a brief or waiver of the same within the 20 day period, it shall be presumed that respondent has waived this right and the court shall accept no further briefs. 4. The movant shall have 5 days from the filing of the 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.
Page 28 | III. Civil, C. Motions
The clerk must return motion papers filed without a brief, supporting documents or waiver, or without an advance hearing date, with a copy of the rule.
If a movant files a motion without a brief, supporting documents or waiver, or without obtaining in advance an appropriate hearing date, the clerk shall return such motion papers with a copy of this rule.
Page 28 | III. Civil, C. Motions
Adjournment & Extension Requirements
A continuance request must be written, made for good cause, and submitted to the assigned judge for approval.
The court shall follow a strict continuance policy. A request for continuance shall be in writing, for good cause, and made to the assigned judge for approval.
Page 3 | I. General — F. CONTINUANCES
For post-judgment matters and matters scheduled before the judge, adjournment requests must be written, may be faxed, and must be directed to the assigned judge in care of the family-division clerk.
Post judgment matters and matters scheduled before the judge (a) Requests for adjournment must be made in writing, and may be faxed, to the judge assigned in care of the clerk of the family division.
Page 26 | O. ADJOURNMENTS
During a divorce action, a party requesting an adjournment must contact the family court commissioner’s office to arrange a rescheduling conference call with counsel, guardians ad litem, social workers, and unrepresented parties.
During the pendency of a divorce action: (a) Any party requesting an adjournment must contact the family court commissioner’s office, arranging a conference call that includes the offices of all counsel, guardians ad litem, social workers and parties, if unrepresented, so that the matter can be rescheduled.
Page 26 | O. ADJOURNMENTS
If an adjournment is granted for a post-judgment matter or a matter scheduled before the judge, the requesting party must arrange a conference call with the court, counsel, guardians ad litem, unrepresented parties, and the court-appointed social worker to set a new date.
If granted, the requesting party shall arrange a conference call between the court and the offices of all counsel, including guardians ad litem, and parties, if unrepresented, together with the court appointed social worker to set the new date.
Page 26 | O. ADJOURNMENTS
The party requesting an adjournment must notify the listed interested parties and the family court in writing of the hearing’s new time and date.
(c) The party requesting the adjournment must notify in writing all interested parties including the guardian ad litem, the family court social worker and the family court of the new time and date for the hearing.
Page 27 | II. Family Court
A case adjourned so the respondent can obtain an attorney must be scheduled within 60 days of the request for counsel.
Cases adjourned for the purpose of respondent obtaining an attorney shall be scheduled within sixty (60) days of the request for counsel.
Page 27 | P. Actions Pursuant to Voluntary Paternity Acknowledgment
If an estate deadline is missed, a Petition for Extension of Time and an Order Extending Time must be filed.
Petition for Extension of Time and Order Extending Time must be filed if estate deadlines are not met.
Page 34 | V. Probate, B. Estates
If the request for physical appearance is not made within the time specified in subsection (3), the individual and counsel agree that the matter will be adjourned under Wis. Stat. §51.20(7)(a).
4. In the event the request for a physical appearance is not made within the time referenced in subsection (3) above, then the individual and his/her counsel agree that the matter will be adjourned pursuant to Wis. Stat. §51.20(7)(a).
Page 39 | R. APPEARANCES IN CHAPTER 51 PROCEEDINGS
An adjournment request must state its reason and the other parties’ positions; the court may decide it on the papers or require a hearing.
Any party requesting an adjournment of a scheduled hearing must submit a request in writing, stating the reason for the adjournment and giving the position of the other parties with respect to the adjournment. The court may decide the request on the basis of the written request or may require a hearing on the record.
Page 54 | K. ADJOURNMENTS
If personal service cannot be obtained within 60 days, the case can be adjourned for publication and that publication service must be within 90 days of filing.
If personal service cannot be obtained within 60 days, the case can be adjourned for publication and that publication service must be within 90 days of filing.
Page 32 | IV. Small Claims — B. SERVICE OF SUMMONS
As a general rule, adjournments will not be granted for juveniles held in secure detention.
As a general rule, no adjournments will be granted for juveniles held in secure detention.
Page 54 | K. ADJOURNMENTS
The matter may be adjourned for a subsequent pre-trial hearing.
(e) The matter may be adjourned for a subsequent pre-trial hearing.
Page 22 | H. SCHEDULING CONFERENCES/STIPULATED HEARING BEFORE COURT COMMISSIONER
Chambers Communication Rules
When the original family judgment was rendered in another Wisconsin county, the clerk must notify the assigned judge of the filing, the county of the original judgment, and the judge of record.
(a) Upon the filing of a petition or motion to modify or enforce a family judgment under §767.025, if the clerk of court determines that the original judgment was rendered in another Wisconsin county, the clerk shall notify the judge assigned to the motion/petition that it has been filed, the county where the judgment was rendered, and the name of the judge of record.
Page 12 | S. MOTION/PETITION TO MODIFY OR ENFORCE A JUDGMENT FILED FROM ANOTHER COUNTY (TCA 11)
If the court or a party disputes venue, the judge of record must conduct a teleconference to determine venue.
(c) If the court or the parties disputes venue, the judge of record shall conduct a teleconference under Statute 807.13(3) to determine venue.
Page 12 | S. MOTION/PETITION TO MODIFY OR ENFORCE A JUDGMENT FILED FROM ANOTHER COUNTY (TCA 11)
Within 20 days after filing and before any hearing, the assigned judge must ensure the filing court communicates with the court of original jurisdiction about whether venue is at issue.
(b) No later than 20 days after filing, but prior to any hearing on the motion/petition, the assigned judge in the county of filing shall ensure that communication between the filing court and the court of original jurisdiction takes place to determine if venue is at issue.
Page 12 | S. MOTION/PETITION TO MODIFY OR ENFORCE A JUDGMENT FILED FROM ANOTHER COUNTY (TCA 11)
The requesting party must arrange a conference call with the court, counsel or unrepresented parties, guardians ad litem, and the court-appointed social worker to set the de novo review date.
(b) The requesting party shall arrange a conference call between the court and the offices of all counsel, including guardians ad litem, and parties, if unrepresented, together with the court appointed social worker, to set the date for the de novo review.
Page 21
Adjournment requests for post-judgment matters and matters scheduled before the judge may be faxed to the assigned judge in care of the family-division clerk.
Post judgment matters and matters scheduled before the judge (a) Requests for adjournment must be made in writing, and may be faxed, to the judge assigned in care of the clerk of the family division.
Page 26 | O. ADJOURNMENTS
After an adjournment is granted, the requesting party must arrange a conference call to set the new date.
If granted, the requesting party shall arrange a conference call between the court and the offices of all counsel, including guardians ad litem, and parties, if unrepresented, together with the court appointed social worker to set the new date.
Page 26 | O. ADJOURNMENTS
A party seeking to reschedule an adjourned matter during a divorce action must arrange a conference call through the family court commissioner’s office.
During the pendency of a divorce action: (a) Any party requesting an adjournment must contact the family court commissioner’s office, arranging a conference call that includes the offices of all counsel, guardians ad litem, social workers and parties, if unrepresented, so that the matter can be rescheduled.
Page 26 | O. ADJOURNMENTS
All default judgment matters must be scheduled with the assigned judge’s clerk.
All matters for default judgment must be scheduled with the assigned judge's clerk.
Page 30 | I. DEFAULT MATTERS
Telephonic appearances are permitted by conference call; the requesting party must initiate the call using the number on the hearing notice and include other participants, and participants must call promptly at the hearing time.
You are permitted to appear telephonically subject to the following procedure: 1. Telephonic appearance shall be by conference call only. 2. The party requesting telephonic appearance shall: a) Initiate the call to the number listed on the NOTICE OF HEARING - see "LOCATION" ON PAGE 1. b) Include all parties who wish to appear. 3. Parties appearing telephonically shall: a) Call promptly at the time of hearing. b) Confirm in writing to the court BEFORE the hearing. c) Enclose a self addressed stamped envelope so a copy of the Scheduling Order can be mailed to the party. If no return envelope is provided, that party is deemed to waive receipt of a copy of the Scheduling Order and shall be bound by the Order.
Page 31 | P. TELEPHONE APPEARANCE
An individual requesting physical presence at a probable cause hearing must notify the Probate Court and Corporation Counsel in writing; email is an allowed method.
2. If the individual desires to be physically present for a probable cause hearing, the individual and his/her counsel shall notify the Probate Court and the Corporation Counsel Office in writing of the request to be physically present. (Said writing can be accomplished by email or fax).
Page 39 | R. APPEARANCES IN CHAPTER 51 PROCEEDINGS
A written request received at least 24 hours before the probable cause hearing requires transportation arrangements for physical presence within the statutory 72-hour time frame.
3. If the written request is received by the Probate Court and the Corporation Counsel at least 24 hours before the scheduled time for the probable cause hearing, transportation arrangements shall be made so the individual can be physically present within the required 72-hour time frame required by statute.
Page 39 | R. APPEARANCES IN CHAPTER 51 PROCEEDINGS
All motions must be scheduled through the case manager, regardless of the assigned judge.
All motions must be in written form and scheduled through the case manager regardless of the Judge assigned.
Page 45 | VII. Misdemeanor — F. Motions
If the parties disagree about an order or its form, a hearing must be scheduled through the case manager.
If there is disagreement as to the Order or its form, a hearing shall be scheduled through the case manager.
Page 45 | VII. Misdemeanor — F. Motions
The hearing date for a bail modification motion must be obtained from the Case Manager for Misdemeanor.
The date for the hearing is secured from the Case Manager for Misdemeanor.
Page 45 | VII. Misdemeanor — bail modification motions
If the parties disagree about an order or its form, a hearing must be scheduled through the Case Manager.
If there is a disagreement as to the Order or its form, a Hearing shall be scheduled through the Case Manager.
Page 50 | VIII. Traffic and Forfeiture
A judge retaining a case must notify the appropriate case manager before rotation.
7. If the outgoing judge elects to retain a case, the judge shall notify the appropriate case manager prior to rotation.
Page 2 | I. General — A. CASE ASSIGNMENT
Official court reporters must notify the district court administrator’s office each time they assist another reporter with in-court reporting, and the assisting reporter should provide notice within a reasonable period.
POLICY: Official court reporters shall notify the district court administrator’s office and report each time they assist another reporter with in-court reporting. The notification should occur within a reasonable period of time by the reporter who provided the assistance.
Page 15
When a jury trial settles after one or more calendar days were cleared for it, the settlement must be reported immediately.
Jury trials that settle, and one or more calendar days have been cleared to accommodate that trial, shall be reported immediately).
Page 15
Official reporters seeking transcript-preparation assistance must request it from the district court administrator or managing court reporter and coordinate with their appointing judge; on appeal, assistance should not be provided more than 10 days before the transcript due date.
(a) Workload assistance requests from official reporters shall be made to the district court administrator or managing court reporter when seeking assistance to prepare a transcript in a timely manner where an expedited transcript request or Notice of Appeal has been filed with the clerk of court or register in probate. For the purpose of appeal, such assistance should not be provided for more than 10 days prior to the due date for the specifically requested transcript. The official reporter must coordinate the request for assistance with their appointing judge.
Page 16 | AA. WORKLOAD ASSISTANCE FOR OFFICIAL COURT REPORTERS
A first divorce hearing cannot be scheduled before filing, but an available date may be obtained in advance by calling the Office of the Family Court Commissioner.
In an action for divorce, a first hearing (a hearing on the initial order to show cause) shall not be scheduled for hearing until the action has been filed, although an available date for such hearing may be obtained in advance by phoning the Office of the Family Court Commissioner.
Page 18 | F. Hearings Within a Divorce Action
The hearing date for a bail modification motion is secured from the Traffic Case Manager, and the hearing is set before the assigned judge.
The date for the hearing is secured from the Traffic Case Manager. The hearing will be set before the Judge assigned to the case.
Page 49 | VIII. Traffic and Forfeiture
Motions must be scheduled through the Case Manager or Court Worker, regardless of the assigned judge.
All motions must be in written form and scheduled through the Case Manager or Court Worker regardless of the Judge assigned.
Page 50 | VIII. Traffic and Forfeiture
After judicial approval of a written request for scheduling changes, the Case Manager or Court Worker coordinates the changes with all parties involved.
If scheduling changes are necessary, the Case Manager or Court Worker shall coordinate those changes with all parties involved upon judicial approval of written request.
Page 50 | VIII. Traffic and Forfeiture
Motion hearing dates must be scheduled through the Juvenile Court Case Manager or Deputy Clerk.
Motion hearing dates are to be scheduled through the Juvenile Court Case Manager or Deputy Clerk.
Page 54 | M. MOTIONS
Counsel who want a court report faxed to their office must make arrangements directly with the worker preparing the report.
If counsel wishes to have the court report faxed to his/her office, those arrangements must be made directly with the worker assigned to prepare the report.
Page 55 | O. Miscellaneous
Individuals arriving for a court proceeding must immediately tell the bailiff which case they are appearing on.
Individuals arriving for a court proceeding shall immediately inform the bailiff which case they are appearing on.
Page 55 | O. Miscellaneous
If the first bond hearing is not set for the next time the court holds bond hearings, the defendant may contact the clerk or case manager to request an earlier hearing for relief from the conditions.
If the first scheduled bond hearing after arrest is not scheduled for the next time the court holds such hearings, the defendant may request relief of the conditions sooner by contacting the clerk or case manager and requesting such a hearing.
Page 44 | VII. Misdemeanor — C. Bail