Racine County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

WARNING

The court, judge, and clerk are not responsible for transmission errors that cause missing or illegible documents or for periods when the court fax machine is not operational.

(d) The circuit court, judge or clerk is not responsible for: 1.Errors or failures in transmission that result in missing or illegible documents. 2.Periods when a circuit court facsimile machine is not operational for any reason.

WARNING

At the judge’s discretion, a case without the forms may be held for status and rescheduled or set for another dispositive event; the defendant may present a change-of-plea form on the scheduled date if time permits.

Those cases without a filed change of plea or waiver form shall, at the pleasure of the judge, be held for status and either rescheduled for a change of plea, or other dispositive event; or the defendant may present a change of plea form as time permits to complete the matter on the scheduled date.

WARNING

For a person transported from a state institution or similar facility, the court may consider the transfer date when deciding whether to proceed with the scheduled plea or other hearing.

In the case of a person transported from either a State Institution or like facility, the Court may consider the date of transfer in determining whether to allow the plea or other hearing to proceed as scheduled.

CRITICAL

Requests for substitution of judge must be filed before the plea hearing ends.

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.

CRITICAL

Deadline

2 business days

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.

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Five days are allowed for a written objection to proposed pleadings.

Five days is allowed for a written objection to the proposed pleadings.

CRITICAL

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.

CRITICAL

Motions must be filed 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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

The Human Services Department must file an ordered social history or court report at least 48 hours before the hearing for which it is prepared.

When a social history or court report is ordered, it shall be filed with the court by the Human Services Department at least 48 hours prior to the hearing for which the report is prepared.

CRITICAL

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

CRITICAL

(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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The status court date must be scheduled within 30 days after arraignment.

The status court date will be scheduled within 30 days of the arraignment.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

The defendant has 15 days from arraignment at the preliminary hearing to exercise the right to substitute.

The Defendant shall have 15 days from the date of the arraignment at the preliminary hearing to exercise the right to substitute.

CRITICAL

Deadline

4 working days

The change-of-plea and waiver forms are due at least four working days before the scheduled change-of-plea date.

When a case is set for a change of plea and placed upon the court calendar, the change of plea form and waiver of rights form must be filed with the clerk of that court not less than four working days prior to the change of plea date.

CRITICAL

Failure to appear results in default judgment; forfeiture actions allow 30 days to pay or result in driver's-license suspension, while nonforfeiture matters result in a warrant and forfeiture of any deposited bond.

Default judgment will occur if no appearance is made: In forfeiture actions with 30 days to pay or suspension of driver's license; in nonforfeiture matters, nonappearance will result in the issuance of a warrant and forfeiture of any bond on deposit.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

WARNING

Ordinance, forfeiture, and traffic violations should be adjudicated within four months of the defendant’s first appearance or entry of an initial plea, whichever occurs first.

Ordinance, forfeiture, and traffic violations should be adjudicated within 4 months of the date of the first appearance of the defendant or entry of initial plea by the defendant, whichever occurs first.